2006City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
January 5, 2006 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
a .
Regular City Council Meeting
December 15 , 2005
Regul a r City Council Meeting
December 5 , 2005
RESOLUTION 588 (#1-06) Authorizing the
Mayor and City Clerk to execute appropriate
documentation for the sale of certain real
property on behalf of the Jacksonville Water
Departm e nt (Mayor Swaim)
b . DI SC US SIO N : Drainage Maintenance
(Ald e rman Reedie Ray)
City Hall will be closed January 161h
in observ ance of Martin Luther King Day
0.00 14.7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 5, 2006
7:00 P .M. -7:42 P .M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counc il of the City of Jacksonville , Arkansas met i n Reg ul ar
Session on January 5 , 2006 at t h e regular meeting place of the Council .
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge o f Allegi ance " to the flag.
ROLL CALL : Aldermen: Elliott , Smith, Sansing, Ray, Rinker, Fletcher,
St r oud, Twitty, and Howard answered r oll cal l. Mayor Swaim also answered
ROLL CA LL declaring a quorum . PRESENT nine (9), ABSENT (1). Alderman Lew is
was absent. Mayor Swaim related that Alderman Lew is underwent s urgery a nd
was i n the hospital .
Others present for the meeting were: City Attorney Robert Bamburg , Deputy
Clerk Kar y J ezw inski , Human Resource Director Charlie Brown, Pub lic Works
Director Jim Oakley, Fire Chief John Vanderhoo f, Police Chief Robert
Baker, Parks and Recreation Director George Biggs, CDBG Di re ctor Theresa
Watson, Mrs. J u dy Swaim, Mrs. Glenda Fletcher, Mr . Larry Smith ,
interested citizens and members of the press.
SERVICE AWARDS:
Mayor Swaim announced that Alderman Smith has rece i ved hi s 25-year service
aw ard fo r his s ervice on the Ci ty Council , adding that City Attorney has
20 years in t he City Attorney 's Offic e, and Alderman Stroud has 5 -years on
the Ci ty Co uncil. He also noted that Alderman Rinker has served one year
plus and wi ll receive her service award next year . He than ked t he members
for their service to the Ci ty and dedication to make Jacksonville a better
place to live .
PRESENTATION OF MINUT ES:
Mayor Swaim p resented the minutes of t he regular City Council me etin g of
December 15 , 2 005 for approval and/or correction at the next r egular l y
sch eduled City Council meeting.
APPROVAL AND/OR CORRE CTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minutes of thE~
Regular City Council Meeting of 5 December 2005 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION:
1
GENERAL : a. RESOLUTION 588 (#1-06)
000149
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 5, 2006
7 :00 P.M . - 7 :42 P .M .
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF
JACKSONVILLE, ARKANSAS , TO EXECUTE ALL APPROPRIATE DOCUMENTS ON BEHALF OF
THE CITY OF JACKSONVILLE WATER DEPARTMENT FOR THE SALE OF CERTAIN REAL
PROPERTY ; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Sansing to read Resolution 588
(#1-06). MOTION CARRIED.
City Attorney Bamburg explained that the Water Department p urchas ed
property that a well had been established on, which is currently part of
their system . He t hen explained that it was determined that the
additional two lots in the subdivision would not be used for wells and
was advertised for sale observing State Statute r egulations . He stated
that the bids are comparable to the market ana l ysis received on the
property . He stated that the City Council is the appr opr i a te body to
authorize the sale of real property .
Mayor Swaim explained that when the property was originally purchased,
the most effective location for the well had not been determined . He
stated that they purchased more property than they planned to use and is
proposing to sell the additi onal property to elevate t he situation of
maintenance . He stated that the property cannot be used productively for
additional wells .
City Attorney Bamburg read the heading of Resolution 588 (#1-06) .
Alderman Stroud moved, seconded by Alderman Ray to approve Resolution 588
(#1-06). MOTION CARRIED.
b . DISCUSSION Drainage Maintenance
Mayor Swaim related that a l etter requesting compensation for flood
damage and a letter from the City Attorney h as been sent to the City
Council members regarding property belonging to Mr . Clyde Grif f i n.
Alderman Ray stated that Mr . Griffin has informed him that his property
has flooded on three previous occasions. He related that Mr. Griffin has
expressed dissatisfaction regarding answers from the City regarding his
flooding probl ems . He added that Mr . Griffin has determined that if the
City had c leaned and kept debris out of the ditches, his property may not
have flooded . He asked Mr . Griffin to address the City Council rega rdi ng
his concerns .
Mr. Clyde Griffin of 21 S eville, North Little Rock stated that his
business is located at 1924-A West Main Street in Jacksonville . He stated
his desire to address the City Council regarding drainage problems,
adding that over the past year his business has flooded . He re lated that
he has made improvements t o the property , adding that he does not agree
with certain statements made in the letter from the City Attorney . He
presented photographs r e garding damage incu rred , e xplaining that the
2
CITY OF JACKSONV I LLE
REGULAR CITY COUNCIL MEETING
JANUARY 5 , 2006
7 :00 P.M. -7:42 P.M.
monetary request would not cover all the damage sustained . He then
explained that the first two times the property flooded he absorbed the
loss through his insurance company, adding that the third time the
property flooded his insurance company did not cover the full amount of
damage . He stated that it is his understanding that the t hird time his
property flooded it could have been prevented if the City had taken the
appropriate action to eliminate t h e flood problem when he had made t he
City aware of the situation .
He then stated that the letter from the City Attorney stated that he had
removed certain barriers that were put in place to prevent flooding,
explaining that he did not remove the barriers but improved them . He
explained that the building did not f l ood from behind but from the front,
adding that if the barrier behind the bui lding had caused the flooding
then the water would have entered the building from behind . He added
that the water to the rear of the bui ldi ng was consistently lower . He
stated that photographs offered for review would demonstrate that the
direction of water flow was from front to back . He related that he did
increase the levy, adding that if the ditch had not bagged up, t he water
would not have e n te r ed the flood zone . He continued that the bagging up
of the ditch was caused from debris in the ditch pass Main Street Bridge .
He offered photographs of the ditch , stating that to his knowledge
neither the vegetation or sand beds have been removed from the Main
Street Bri dge behind Southerland's Lumber Company . He then pointed out,
by photograph , the extreme narrowing of Rocky Branch Creek, which he said
would have caused the water to back up. He then offered photographs of
his property that he characterized as showing that the flooding came from
the front of the building . He addit i onally offered photographs of the
north side of the Main Street Bridge showing water backed up to the top
of the Bridge, which he stated is i n direct support of the debris that is
on the south side of the Bridge, saying that the water can not f l o\\'
freely from the north s i de of the Bridge .
He stated that following the floodi n g in 2004, he went to the City
Engineer to address drainage issues regarding the debris pass Main Street
Bridge that was causing the water to back up. He added that he had
informed the City that the flow of water into the Creek had been
increased by the installation of large culve r ts on Marshall Road. He
stated that while the flow was increased, the ditch capacity was not
increased . He went on to say that t h e City did not take action unti :
after the flooding in 2005, when they cleaned the ditch. He stated thai:
his feeling is that if the City had taken that action when he had made
those circumstances known, his property woul d not have flooded for the
third time.
He reiterated earlier sentiments in photographs taken in 2005 regardinq
the narrowing and debris in the Rocky Branch Creek behind Southerland's.
He state d that he acknowledged that the cleaning of the ditch above his
property did help, noting that during the last heavy rain h i s property
did not flood . He stated that the entire ditch needs to be c leaned from
all debris and sand beds beyond Main Street to keep t he water from
3
......
nJn~~--1..... ·-· ...... v ..1.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 5 , 2006
7:00 P .M. -7:42 P.M .
backing up. He stated that he is asking for assistance regarding the
losses he has sustained, which he feels could have been prevented if
action had been taken when he first addressed the problem with the City.
He reiterated that action was not taken until the third flooding, adding
that he was informed by the City that action was not feasible . He stated
that he is a taxpayer who pays almost $3,000 .00 in taxes. He stated that
the photographs prove his point.
Alderman Ray asked Mr. Griffin if he had hauled dirt in t o build up the
levy behi nd his building.
Mr. Griffin responded that some dirt was hauled in and some of the dirt
was a result of engineer and contractor pushing up the levy. He stated
that he had been informed that the base of the levy had to stay 45' from
the center of the ditch. He stated that he instructed his contractor to
leave at least 50' to 60 ' or 70 ' from the ditch not the center of the
ditch, adding that he wanted to give the City that extra footage in order
to prevent flooding .
Alderman Stroud questioned if Mr. Griffin was aware t he property was in
the floodplain when he purchased the property.
Mr. Griffin answered that he had made inquiries regarding possible
flooding of the building . He stated that the previous tenant had stated
that she had been in the building 7 or 8 years with only being flooded
one time when the water backed up to the sewage. He then added that the
Fire Ch i ef had also mentioned that the time the water got into the
building was because someone had left the top off the clean out . He
stated that he was assured that as long as he kept the drain open the
building would not flood. He stated that in talking with the tenants of
the One Stop Print Shop he was told that they had never seen the property
flood to that degree in 16 years.
Alderman Fletcher noted the extraordinary rains of late, explaining that
he lives in a neighborhood, which is considered higher ground and when
the heavy rains came there was heavy flooding in his neighborhood . He
stated that when rains come down as fast as they have it is hard to avoid
flooding . He and Mayor Swaim concurred that the City over the past few
years has spent approximately 4 million dollars just on drainage ditches .
He stated that the City has been very drainage conscious, adding that he
is aware of the history of the building and knows that it has flooded
many times.
Alderman Stroud stated that as a long time re sident of Jacksonville he
has seen a lot of flooding, explaining that when Bayou Meto fills up it
starts to back up, adding that he does not feel that a deeper ditch would
have made any d i fference.
Ms. Melisha Griffin, a co -owner of the property, stated that she is an
engineer and has worked with the Corp . of Engineers, whom have stated
that bottle necking such as is shown in the photographs is not only bad
4
000152
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 5 I 2006
7 :00 P.M. -7:42 P .M.
engineering but would definitely cause flooding . She stated that it
would be hard t o deny from viewing the photographs, with trees g r owing in
the middle of the ditch, that the ditch has been properly maintained.
Mayor Swaim re ferred to t he photographs on page 5, noting that the bridge
is at capacity in front of the bridge, explaining that it did not matter
how much space there was below stream. He stated that he has visited the
building on more than one occasion with the Fi re Chief, who would agree
that the rear levy was lowered to some degree. He continued that the
City 's r ecommendation was to restore the l evy back to its original state ,
adding that the Fire Chief offered specific instructions as t o how he had
ma i ntained the building. He stated that the building has flooded many
times over the yea rs, adding that the building primarily floods from the
front because most of the doors are located to the f ront of the building.
He stated that to his knowledge Mr. Griffin had signed a statement
acknowledging that he is aware that the building is approximately 1 to 2
feet below the f loodway , adding that it is almost an imposs i bility to
keep a building below the f l oodway fr om fl ooding . He then related that
Mr. Griffin signed the acknowledgement statement on 7/29/04. He stated
that flooding of the property is not a new problem for that business
location , explaining that in conversations with Mr. Griffin he had
in f ormed him that t he building had fl ooded in t he past but had not done
so recently. He explained that there has to be an extreme rai n for the
bui lding to flood. He related tha t the rain in question came down at a
rate o f more than 3" in one hour . He stated that if someone builds in
the flood area, the City cannot protect from flooding in the
c ircumstances of a maximum rain. He stated that Mr . Griffin's
acknowledgement that the building is be l ow the floodway means that Mr.
Gr i ffin knew in advance that the building was a possible flood situation .
He then informed Mr. Griffin that the tax do l lars he spoke of earlier are
not collected for use by the City regarding General Fund operation but
instead goes to the Pulaski County School District, the Library, and the
Po l ice and Fire Pensions Fund . He stated that most respectfully he could
understand Mr. Griffin's problem, but added that it is not a reasonable
request to expect the City to keep a building that is significantly belov1
the floodway from floodi ng .
Ms. Melisha Griffi n stated that whi le they were aware of the prope rty
being in the floodway she does not feel there was any possible way for
the wa ter to flood freely through the narrowing of the ditch where there
is a tree and bushes.
Mayor Swaim pointed out by the photographs that there is add i tional
capaci t y for water fl ow in the area. He noted that the Ci ty shop
bui lding located significantly downstream also floods, explaining tha ~
while he sympathizes with their plight it should not be expected tha·t
City government protect a building that is below the floodway . H r~
continued that he clearly remembers Chief Vande rhoof offering specifi·:
instructions regarding the restoring of the levy from being lowered and
the n ecessity of someone being present and keeping the drain open during
a he avy rain in order to prevent flood i ng.
5
·000153
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 5 , 2006
7 :00 P .M . - 7 :42 P .M .
Mr . Griffin conveyed his understanding of those matters , explaining that
the levy to the rear of the property is sufficient to prevent flooding.
He explained their desire to clean the property and remove brush but did
not move the levy, adding that the Fire Chie f had re l ayed the purpose of
the levy . He stated that the City continues to avoid the situati on by
not addressing maintenance of the ditch pass Main Street , adding that the
ditch above the property was no t cleaned until after Ju l y 's floo d . He
continued that if the City had cleaned the ditch earlier his property and
other houses may not have flooded.
Mayor Swaim stated that there is significant capacity below a n d above the
area . He stated that he understands Mr. Griffin's difficulty, but does
not feel that it is the responsibility of the City to guarantee a
building will not flood when it has been built bel ow the floodway . He
n oted that by today's standards that bui lding could not legally be built
without being elevated 1' above the floodplain .
City Engineer Whisker stated that without making significant changes in
the pattern, building is p rohib ited in the floodway, adding that it is
required that any building in the floodp l ain be elevated 1 ' above t he
base flooding elevation .
In response to a question posed by Mayor Swaim regarding Mr . Griffin 's
sentiment that i mp r ovements upstream have incre ased h i s flooding
problems, City Engineer Wh isker responded that h e had spoken with the
hydrologist who installed the p i pes at Marshall. Road, e xplaining that he
was informed that the water going to Rocky Branch Creek has remained
about the same .
I n response to a question posed by Alderman Fletcher, it was noted that
there has been r ecent work performed by Mr . Griffin, within the last 10 -
days, regardi ng the rebuilding of the rear levy on the property .
Alderman Fletche r expressed concerns, explaining that if the dirt hauled
to the site is not sodded or compacted in some way it will eventually
wash downstream causing problems.
Mr. Griffin stated that such problems as voiced by Alderman Fletcher did
not occur , adding that when he was told that the lowering of the levy
caused the November flooding, he then had the levy rebuilt prior to the
July flooding incide nt. He stated that work performed in the last 10-
days has been additional i mprovements to the propert y. He stated that
while he did everything possible to prevent f looding of his property, the
City f ailed to help in those efforts by cleaning out the ditch prior to
it being cleaned after July . He related that it is his feeling that the
City only decided to clean the ditch when homes in addition to his
b usiness were flooded during the July rain.
Public Works Director Jim Oakley stated that the cleaning of the ditch
was prior budgeted and scheduled in the 2005 budget regarding the rent i ng
of a heavy piece of equipment used by the City to perform work not only
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 5, 2006
7 :00 P .M. -7:42 P .M.
in this area but in four other sites in the City . He related that large
ditch work is routinely performed in August and September being generally
the driest months in the year.
Mr . Griffin thanked the City Council for an opportunity to address his
concerns.
APPOINTMENT (S) : Mayor Swaim announced that City Ha ll wi l l be closed
Monday, January 16, 2006 for Martin Luther Ki ng 's Bir thday.
ANNOUNCEMENT ( S) :
Mayor Swaim noted that requests for bonding companies regarding the
millage passed for the development of a new library has been sought with
three responses. He stated that a committee has reviewed those responses
and selected a firm for negotiation . He asked the Ci t y Council for
permission to move forward in secur i ng that firm as t he bondin g company
for the new l i brary .
Alderman Fletcher moved, seconded by Alderman Elliott to suspend the
rules and place the item on the agenda. ROLL CALL : Aldermen Elliott ,
Smith, Sansing, Ray , Rinker, Fletcher , Stroud, Twitty and Howard voted
AYE. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Stroud to authorized the
Mayor and City Clerk to enter into a contract regarding securing a.
bonding company for the library issue. MOTION CARRIED.
ADJOURNMENT: Mayor S waim without objection adjourned the meeting at:
approximately 7:42p .m.
Respectfully,
7
-
July 3, 2006
Jacksonville City Council
1924 West Main Street, Suite A
Jacksonville, AR 72076
(501) 985-0120
Attn: Susan L. Davitt, City Clerk-Treasurer
#1 Municipal Drive
Jacksonville, AR 72076
Re: Correction to City Council Meeting Minutes Dated January 5, 2006
Dear Ms. Davitt:
O ~n -·,...-vu i0 J
On January 5, 2006, I, Melisha Griffin, and Clyde Griffin Sr., owners of MCM Connections, Inc.,
addressed Jacksonville City Council regarding the drainage problems of Rocky Branch. On July 3,
2006, while looking at online publications of information with which I am associated, I noticed
minutes from the January meeting with the Jacksonville City Council. The minutes reported that I
stated that I am "an engineer and has worked with the Corp of Engineers." I am an engineer;
however, I do not, nor have I ever worked with the Corp of Engineers. I have, however, spoken with
other engineers and experts, including one with the Corp of Engineers, regarding the effects of s uch
bottlenecking as that which occurs in Rocky Branch. I am s ure that I consciously did not state who I
work for during the meeting si nce I was not addressing the city with business related to my full -time
occupation. I would appreciate it if an official correction can be made to the minutes. If it is too late
to make an official correction, please file thi s letter as a stated correction to the minutes. Thanks
and have a good day.
Sincerely,
~~
Melisha M. Griffin
MCM Connections
-
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
January 19, 2006 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
Engineering Department
Sanitation 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 C ity Council Meeti ng
January 5 , 2006
Regular Ci ty Council Meeting
December 15, 200 5
Regular Monthly Report/December
Chief John Vanderhoof
Regular Monthly Report/December
Chief Robert Baker
Regular Monthly Report/December
C ity Engineer Jay Whisker
Regular Monthly Report/December
Public Works Direct or Jim Oakley
Regular Monthly Report/December
Public Works Directo r Jim Oakley
Annua1Reportfor2005
(Mayor Swaim)
Annua1Reportfor2005
(Mayor Swaim)
ORDINANCE 1268 (#1-06) Waiving
Competitive bidding for purchase of doors
and windows at the Community Center
(Alderman Stroud & Alderman Sansing)
FINAL PLAT Base Meadows PH 1-B
(Mayor Swai m)
STATE OF THE CITY by Mayor Swaim
000 157
City Council Of Jacksonville , A rkansas
A G E N D A continued:
January 19 , 2006
GENERAL continued :
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
b. ORDINANCE 1269 (# 1-06) Waiving
Competitive bidding for Clear Pointe as
sole source provider of technology
and management services
(Alderman Linda Rinker)
-
0J0 1 58
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19 , 2006
7 :00 P.M . - 7 :31 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t he City of Jacksonville , Arkansas met in Regula r
Session on January 19, 2006 at the regular meeting place of the Council.
Alderman Ray delivered the invocation and Vice Mayor Fletcher led a
standing audi ence in the "P l edge of Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott , Sm i th , Sansing, Ray , Stroud, Twitty , and
Howard answered roll call. Vice Mayor Fletcher also answered ROLL CA LL
declaring a quorum. PRESENT eight (8), ABSENT (3). Al dermen Lewis, Rinker
and Mayor Swaim were absent.
Others pres e nt for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Kary Jezwinski, Human Resource Director Charlie Brown, Finance
Director Paul Mushrush, City Engineer Jay Whisker , Public Works Director
Jim Oakley , Fire Chief Vanderhoof, Police Chief Baker, Parks & Recreation
Director George Biggs, CDBG Director Theresa Watson, Wastewater
Commission Chairman Joan Zumwalt, Wastewater Manager Thea Hughes, Water
Commission Chairman Thad Gray, Water Department Superinten dent Ken
Anderson , Planning Commission Chairman Mark Stroud, Mrs. Judy Swaim, Mr.
Larry Smith , interested citizens and members of the press .
PRESENTATION OF MINUTES :
Vice Mayor Fletcher presented the minutes of the regular City Council
meeting of January 5 , 2006 for approval and/or correction at the next
regularly scheduled City Council meet i ng.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the
Regular City Council Meeting of 15 December 2005 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Stroud to approve the Regul ar
Monthly Report for December 2005 from the Jacksonville Fire Department,
which reflects a fire loss of $113,750 and a savings tota l of $614,000 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular
Monthly Report for December 2005 . Said report reflects the Total Value of
Repor ted Stolen Property $95 ,3 05. Total Value of Recovered Stolen Property
$35 ,856 and Total Report Sales $1 ,101 .00.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Ellio tt moved, seconded by Alderman Stroud to approve the
Regular Monthly Report for December 2005. Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
23
5
INSPECTIONS PREFORMED
Building Inspections 120
HVACR 67
Electrical 131
Plumbing 126
1
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cos t for December
136
0
46
0
$ . 00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19 , 2006
7 :00 P .M. - 7 :3 1 P.M .
VEHICLES
Notice of Noncompliance 34
Towed 0
CONDEMNATIONS
Structural Maint . Letters 0
Structural Repairs Made 0
Demolitions 4
REGULAR MONTHLY REPORT /SANITATION DEPARTMENT
Alderman Elliott mo ved, seconded by Alderman Stroud to approve the Regular
Monthly Report for December 2005.
GARBAGE
Tons taken to Landfill
Tipping fees
BULKY ITEMS
Tons taken to Landfill
Tipping fees
RECY CLING
Curb side pick-ups
Drive-thr u Customers
Tires Col l ected
Estimated Revenue
635
$10,619.00
55
$ 2,696 .00
3,445
506
824
Paper, Plastic, Aluminum $ 5,729 .81
REGULAR MONTHLY REPORT/ANIMAL CONTROL
TRASH
Cubic Yards Collected
Cubic Yards Mulched
Alderman Elliott moved, seconded by Alderman Stroud to
Regular Mon t hly Animal Contro l Report for December 2005 .
reflects :
ADOPTION/FINES:
CONTRIBUTIONS:
TOTAL:
$522.00
$ 75 .00
$597 .55
3 ,500
1,750
approve the
Said r epor1:
RO LL CALL : Aldermen: Elliott, Smith, Sansing , Ray , Stroud , Twitty and
Howard voted AYE. MOTION CARRIED .
WATER DEPARTMENT : Annual Re port for 2005
Water Superintendent Ken Anderson reported that t h e Water Department
finished 2005 under budget wh i l e providing excellent wa ter qua lity and
service for their customers . He related that one goal for 2005 was t ~
provide better fire flow for the south portion of their system, adding
that a 10" water main, 11 ,641 linear feet of water main was i nstalled, 37
valves , and 21 fire hydrants were instal led along Hwy 161 starting at
Cl ove rdale Road and extending to Wooten Road . He stated that t he line
increased the fir e flow to over 1 , 000 gallons per minute, meeting
requirements for ISO . He stated that the second largest project for 2005
was the Hidden Oaks Water Main Improvements, which consisted of 2 ,100
2
noo ·f "'0 \.) ' ..L ·()
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19 , 2006
7 :00 P .M. - 7 :31 P .M.
linear feet of mains, 8 valves, a nd 2 fire hydrants. He noted tha t t hi s
project was part of the Master Plan and will conne c t the future water
tank in the area. He re l ated that the tank i s scheduled for con stru ction
in 2008 . He stated that overal l t o tals a r e 29,446 linear feet of pipe ,
1 03 valve s , and 43 fire hydran ts. He added that at year end the r e was
9,347 active meters , wh ich is an increase of 1% over the previous ye a r .
He stated t hat t he Wat erworks force has remained at 33 e mpl oyee s over the
last five years, addi ng tha t there are 8 l icensed employees who undergo
o ver 12 a nnual training hours a s required by the Health De partment . He
then related that the total production of water for 2005 had in creased
ma i n l y d ue to d ry weather. He stated that the highest production day was
7 .4 million gallons on August 13, 2005 compared to the previous year of
6 .4 million on September 29 , 2004 . He s tated that the t ota l production
f or the year was 1.64 bill i on gallons, wh i ch was a n 8.5% inc reas e from
the p rev ious year and the average da i l y f l ow was 4.9 million gallons. He
stated that in order to provide the citizens of Jacksonvil le with water
for their grandchildren, the Jacksonville Wa t er Commission and Waterworks
s t aff has developed a Mas t e r Plan for the f uture water needs up to 2020
a nd beyond. He stated that during the next few years Cent ra l Arkansas
Water wou l d b e instal ling a water main from their Wi l s o n Plant up to
Gravel Ridge, which wi ll connect t o J acksonv i lle . He stated that
installation from the Wilson Plant to the I -430 Bridge h as been
completed , expl a ining that in 2006 tra nsmission mains c r ossing the I -430
Bri dge a re sch eduled for bid . He the n re lated that the n ext phase of the
p roje c t would c ontinue up t o Gra vel Ri dge connect ing to a l ine to
Jacksonville . He stat ed that the Master P l an has several projects that
are internal t o the City of J acksonvill e , which will be worked as Central
Arkansas Water is working on the t ransmiss i on main . He explained t hat
there will be several ma ins ins ta lled that wil l t ake water across t he
Ci t y to the various storage t a nks , adding tha t two addit i o nal storage
tanks wi l l be b ui lt , one at Hidden Oaks Subdivision and one o n Hwy 107 .
He stated tha t the t ank at Paradise Park would be raised 10 ' to match the
elevation of the new and existing tanks . He stated that all internal
project s would n eed to be comp leted by 2010 in order to handl e the 12
million gallons of daily water from Central Arkansas Wate r. He thanked
t h e Ci t y Council for their coop er a tion and support . It was noted that
40% o f Jackso n vi l le 's water comes fro m wells.
In response to a question posed by Alderman Sans i ng, Mr . Anderson
responded t h at Central Arkans as Water offers an of f -peak rate but
explained that in order to take advantage of the r ate you have to be able
to have a vas t amount of storage to take the water in a short p e ri od of
time .
Mr. Anderson then assured Alderman Ray that the Water Department
encour ages all employees to pu r s ue l i cense s .
Vice Mayor Fletcher noted that it was evident from the last legislative
session that water issues especial ly in rural a reas is a v e ry important
i ssue r egarding quantity and qua l ity of water. He commended the Water
Commiss i on in the ir foresi g ht and planning f or the City of Jacksonville,
n o ting the explosion o f dev e l o pment in we s t Jacksonvill e .
3
000181
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19 , 2006
7 :00 P.M . - 7 :31 P .M.
A copy o f the 2005 Annual Water Dep artment report is on file in the
offi ce of the City Clerk.
WASTEWATER DEPARTMENT: Annual Report for 2005
Wastewater Department Man ager Thea Hughes pointed o u t a recent newspaper
article commendi ng the Wa stewater Depa rtment tit led "A Decade with no
Mistakes" e xpress ing the De partment 's honor regarding the a rticle. She
then pointed out a national publication article in the "Water Environment
Federation" magazine printed in April 2005 . She stated that quarterly
the magazine high l i g ht s a wastewater treatment f acility i n the Un ited
S tat es that is p e rforming very well; adding that in April Jacksonville
Wastewa t er Treatment Pl a nt was featu red.
She related th at t he Wastewater Department has comple ted its lOth
consecutive year with zero p e rmit violat i ons , crediting t he staff and Mr .
Sam Zehtaban. She then related that the EPA closed Adminis t rat i ve Order
in 2004 with t he requirement t o continue the rehab plan to eliminate
overflow of all manho les . She related that in 2005 thei r in-house
construction crew foc us ed ef f o rt s strictly i n Northwood Acres . She theL
related t ha t efforts wo uld continue in Northwood Acres with additional
wo r k being contracted in the northern portion of Jacksonville fo r rehab ,
noting significant infl o w and infil trati on that ove r l oads the n ortheast
p um p s ta tion . She a nno unce d that in 20 05 the West Intercepto r l ine was
compl eted and d e ve l oper Greg He slep it was extended to the Ba se Meadow~;
S ubdivisi on , which eliminated fo ur pump sta tio ns.
She reported that t hei r o n-call crews responded to 192 customer calls i n
2005 r egarding ma in and s ervice lines , adding that only 1 1 were due to
rainfall, whi ch i s a n indica tion of successful rehab. She related that
the ma j o rity of the remaining calls were attr i buted to grease, noting the
De partment 's on going efforts to educate the public not to pour grease in
the drains . She noted that t h e restaurants are not in the area of the
grease calls , stating that the res taurant s are good at maintaining thei :~
grease traps. She re lated that an average grease call depending on the
ex t ent , co sts t h e Department approximately $595 .00 t o respond to the
call. She noted that 50 c al ls in 2005 equat es to $29,750 .00. She stated
t hat 3,820 ' of main line was replaced, 52 ,70 3 ' o f line was televised,
accepted 17,166' of new subdi vis i on line along wi th 90 manholes,
inspected 302 private se rvi ce l i nes and property owners repai red 6 of
t ho se service l ines . She then reported that their t reatment plan·t
treated 1 ,97 5 ,804 ,000 gallons of wastewater wi t h zero violations, and
conducted 495 r estau rant grease t rap inspections. She added that the
Depa r tment r ece i ved excellent rat i ng s i n al l laborat ory c ertifications
from EPA and passed all ADEQ annual inspections.
She stated that operating r evenues i n c reased 17% in 2005 due t o the third
p ha se of t he five-step ra te increase, adding that even with the increase,
the Utility experienced a $167,000 lo ss i n operating r evenue due to the
significant rehab being performed.
4
0 :"\01C.:r") !J ...:.. u ,_
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19 , 2006
7 :00 P .M. - 7 :31 P.M.
She concluded reporting that the Department has 3-Class IV wastewater
operators, 7-Class III operators, 1 -Class II, and 7-Class I. She added
that there are 16 empl oyees with a commercial drivers license.
A cop y of the 2005 Annual Wastewater Department report is on file in
the office of the City Clerk.
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT :
PARKS & RECREATION : a. ORDINANCE 1268 (#1-06)
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF THE PURCHASE
OF DOORS AND WINDOWS FOR USE IN THE CITY OF JACKSONVILLE PARKS AND
RECREATION COMMUNITY CENTER ; AND , FOR OTHER PURPOSES .
Alderman Stroud explained that when the Community Center was constructed
non-ferias metal were not used in the damp environment areas, adding that
over a time the metal rusted and has to be replaced . He re l a t ed that due
to the limited companies that offer the material, a sole source would
have to be used .
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1268 be
placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith, Sansing,
Ray, Stroud, Twitty and Howard vo te d AYE. NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read Ordinance 1268 .
Alderman Stroud mo v ed , seconded by Alderman Howard that Ordinance 12 68 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Stroud , Twitty and Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Stroud to susp end the rules
and place Ordinance 12 68 on SECOND READING. ROLL CALL : Alderman
E lliott, Smith, Sansing, Ray, Stroud, Twitty a n d How ard voted AYE. NAY
(0). MOTIO N CARRIED . Whereupo n City Attorney Bamburg read the heading
of Ordinance 1 268 .
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1268 on THIRD a n d FINAL READING . ROLL CALL :
Alderman Elliott, Smith, Sansing, Ray, Stroud, Twitty and Howard vo t ed
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 12 68.
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1268 be
APPROVED AND AD OPTED . ROLL CALL : Alderman Elli ott, Smith , Sans ing, Ray,
Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED.
5
ooo:s3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19, 2006
7:00 P .M. - 7 :31 P.M.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1268 THIS 19th DAY OF JANUARY 2006 .
PLANNING COMMISSION : FINAL PLAT Base Meadows Subdivision PH 1-B
Alderman Howard moved , seconded by Alderman S t roud to approve the
final plat of the Base Meadows Subdivision PH 1-B. MOTION CARRIED.
GENERAL: STATE OF TH E CITY by Mayor Swaim
Vice Mayor Fletcher read the statement prepared by Mayor Swaim as
follows :
How do you measure a successful year? Some say just by keeping your head
above water is good enough , however, I believe we must always strive t o
do more each year . Without progress, a city becomes dormant and fails to
attract business , industry, or new citizens .
I am pleased to tell you, the citizens of Jacksonvi lle , that you r elected
officials and employees have not allowed this to happen here. Let us
look at a cou ple of things the citizens did . In 2004, t h e citizens voted
to build an aquatic park, help fund a joint educat i on cent er and
construct a police and fire training center . Phase I of that plan is novr
completed with the opening this summer of Splash Zone, the new aquatic~;
park you approved , $3.4 million that has been set aside to fund our $5
million commitment to the Joint Educat i on Center . In late summer or
early fall, we will begin setting aside funds for the Po l ice and F ire
Training Center . Your wishes are being carried out as funds are
available .
In 2005, the citizens voted to build a new library . Sale of the existinq
l i brary building and acquisition of l and for the new library are in
progress, not as fast as some would like, but this is a large project and
we do not wish to rush the project . A bondi ng company has been selected
and negotiations are ongoing.
Citizens of Jacksonvi l le, you are to be commended for l ooking to the
future and providing a method to fund the project you know will make
Jacksonville an even better place to live, work , and raise a family.
For many years, we have been preparing for the latest round of base
closures to be decided by the BRAC Commiss i on . The wai t is over , the
LRAFB will not be closing . In fact , there will be additions to our Base
Community.
The Community continues to grow in the area of residential housing. One
hundred eighty-five new home permits were i ssued in 2005 , an i ncrease of
62 over 2004. That equates to a $6,615 ,275 increase with a total value
of $21,117,312 for single -family home permits. Commercial construction
permits totaled $10 ,762,337, an increase of $1,309 ,921. Total va l ue of
all construction permits was $33,346,625. We are very pleased to welcome
a new Chili 's restaurant to our Community as one of the new commercial
establishmen ts .
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 19, 2006
7:00 P .M. -7:31 P .M.
The prospect of growth continues wi th 1,100 n ew residential lots
projected for construction during 2006.
Wastewater completed many projects this year , but none more important
than the multi -million dollar o utfall line to west Jacksonvi lle to
support growth in the area .
The Water Department continues to make progress to e n sure proper water
suppl y for past and present growt h . New l i nes and towers are either
under construction or in the last stages of plan ning to cont i nue to
provide quality drinking water and ample supply for fire protection.
Continued progress in these two Departments has aided in the ab i lity t o
deve l op new lots .
Finances continue to be stable in our City. Th e Department heads and
emp l oyees work very hard during the year to continue providing good city
services without overspend ing the budget .
The friendly citizen s of our Community continue to make Jacksonville a
great place to live and work. Without them, my j ob would be much harder.
The hardworking e l ected offici als, I thank you fo r your h elp and
understand i ng as we try to serve the Community in a progressive manner .
In an attempt to keep these r emarks short, I have
accomp l ishments of the Departments of our City.
complete report . Your dedicated City emp l oyees
job of providi ng services to all the ci t i zens.
Re s pe ct fully submitted by Mayor Tommy Swaim .
not recognized the many
I urge you to read the
have done an excellent
A copy of the 2005 Annual State of the City report is on file in the
office of the City Clerk .
b . ORDINANCE 1269 (#2-06)
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 OF
JACKSONVILLE'S CRITICAL NETWORK INFRASTRUCTURE; DECLARING AN EMERGENCY;
AND , FOR OTHER PURPOSES.
Finance Director Paul Mushrush reviewed several major computer
infrastructure projects that will occur in 2006, adding that funds have
been budgeted . He noted t h at Cl earpointe Technology Group would continue
to be the provided for the scheduled addit i onal services.
Al derman Elliott moved, seconded by Alderman Smith that Ordinance 1269 be
placed on FIRST READING. ROLL CALL: Alderman Elliott , Smith, Sansing,
Ray , Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read Ordinance 1269 .
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 1 9, 2006
7 :00 P .M. -7 :31 P.M .
Alderman Stroud moved, seconded by Alderman Ray t hat Ordinance 1269 be
APPROVED on FIRST READING. ROLL CALL: Alderman El liott, Smith, Sansing,
Ray , Stroud, Twitty and Howard voted AY E . NAY (0). MOTION CARRIED .
Alde rman Sansing moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1269 on SECOND READING. ROLL CALL : Alderman Elliott,
Smith, Sansing, Ray, Stroud, Tw itty and Howard voted AYE. NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1268 .
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1269 on THIRD and FINAL READING. ROLL CALL:
Alderman El l iott, Smith, Sansing, Ray, Stroud , Twitty and Howard votec.
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1269.
Alderman Elliott moved, seconded by Al derman Smith that Ordi nance 1269 be
APPROVED AND ADOPTED . ROLL CALL : Alderman El liott , Smith, Sansing , Ray,
Stroud , Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
Alderman Elliott moved , seconded by Alderman Ray that the EMERGENCY
CLAUSE be attached t o Ordinance 1 269 . ROLL CALL: Alderman Elliott,
Smith, Sansing, Ray , Stroud, Twitty and Howard voted AYE . NAY ( 0) .
MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1269 THIS 19ili DAY OF JANUARY 2006 .
APPOINTMENT (S) :
ANNOUNCEMENT(S): Finance Director Paul Mus hrush announced that the City
of Jacksonville Fina nce Department won their gili consecutive Certificate
Achievement for Ex ce llence in F inancial Reporting .
ADJOURNMENT : Vice Mayor Fl.etcher without objection adjourned the meetin1;r
at approximately 7 :31 p .m .
Respectfully,
~SWAI M"
8
City Council Of Jacksonville , Arkansas
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
6. WATER DEPARTMENT:
AGENDA
Regular City Council Meeting
February 2, 2006
7:00p.m .
Regular City Council Meeting
January 19, 2006
Regular City Council Meeting
December 15, 2005
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
Request to approve match for Byrne
Justice Assistance Grant
(Mayor Swaim)
Report on first year activity regarding
Splash Zone (Alderman Stroud)
PLANNING COMMISSION
Appointment of Art Brannen for term
to expire 01/01/09
oao:-sa
OJ0167
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 2 , 2006
7 :00 P.M . -7:13 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacks onvil le, Arkansas met in Regular
Session on February 2, 2006 at the regular me etin g p lace of the Council .
Alderman Howard del i vered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Al l egiance " to the flag.
ROLL CALL: Aldermen: Elliott, Smith , Sansing, Ray, Rinker, F letcher,
Stroud , Twitty , and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum . PRES ENT nine (9), ABSENT (1). Alderman Lewis
was absent.
Others present fo r the meeting were: City Atto r ney Robert Bamburg, Deputy
Clerk Kary Jezwinski, City Engineer Jay Whisker, Fire Chief John
Vanderhoof , Police Chief Robert Baker, Parks and Recreation Director
George Biggs, CDBG Director Theresa Watson, Mrs . Judy Swa i m, Mrs . Edith
Sm i th , Mr. Larry Dupree , Mr . Larry Smith, interested citizens and members
of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regul ar City Council meeting of
January 19, 2006 for approval and/or correction at the next regularly
scheduled City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Stroud that the minutes of thE!
Regular City Council Meeting of 15 December 2005 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT : Request to approve match funds for Byrne Justic1a
Assistance Grant
Chief Baker r elated that in 2005 the Pol i ce Department was eligible fo:r
its first grant that amounted to $26 ,437 .00 , which was approved by the
City Council regard i ng a 10% match . He stated that in 2006 the Pol i ce
Department is eligible for a $15,778 .00 grant, adding that he is asking
the City Council to approve the 10 % match grant f unds . He re la ted that
t h e funds are used to purchase specialized equipment . He noted that the
match amount would be $1,753 .11.
Alderman Stroud moved, seconded by Alderman Howard to approve the match
grant funds for the Byrne Justice Assistance Grant in the amount of
$1,753 .11 , with funds to be drawn from budgeted funds . MOTION CARRIED.
STREET DEPARTMENT:
SANITATION DEPARTMENT :
1
·---
PARKS & RECREATION :
Splash Zone.
O.J0168
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2006
7 :00 P .M. - 7 :13 P.M.
Report on the first year activity regarding the
Parks and Recreation Director George Biggs thanked the Mayor, City
Council and the Parks Commission for their support regarding t h e
importance of Parks and Recreation to the City and their vision in having
the Splash Zone project completed for the ci t izens. He stated that
expenses for the Splash Zone totaled $99 ,730 for the first year, which
included start-up costs , supplies , concession, chemicals and salaries .
He then added that r e ve n ues durin g that time totaled $113,562, which
included admissions , concessions , locker rentals, pool passes and pool
parties. He related that tota l attendance was 21 ,142 , adding that the
Splash Zone was open a total of 76 days which averaged approximately 278
attendees daily, pointing out that the maximum capacity is 350 . He
offered for comparison that on the last summer that the Martin Street
pool was open total gate fees were $5 ,781 regarding 56 days of operation.
He added that the total attendance was 4 ,235. He noted that the first
three days of Splash Zone being open totaled a whole season of the Martin
Street Pool. He stated that the facility is being n omina t ed for an
Arka nsas Recreation and Park Association award .
In response to a question from Alderman Stroud, Direct o r Biggs answered
that b ecause of the construction delay in opening the season was
postponed approximately two weeks. It was no ted that given the delay i n
open ing the statistics are remarkable .
Alde rman Stroud noted that statistics support the insta llation of the
sl ide e quipment .
Director Biggs informed the City Counci l that the Splash Zone was
additional closed two days due to rain and four overcast days produced
lower attendance, adding that to the two-week delay of opening.
Alderman Stroud encouraged citizens to u se both the aquatic facility and
the Community Center as a commitment to better h ealth .
Alderman F l etcher expressed his a ppreciation to the Department , relating
his pride of the Community Center and an opportunity to attend a birthday
party at the Center .
Discussion ensued r egarding the possibility of keeping the pool open on
the weekends through the month of September . Director Biggs noted the
difficulty given that most of the pool lifeguards are co l lege students
going back to school in September . He then related that the go a l for
this year is to hire additional personnel to fill those s l ots .
Alderman Stroud encouraged attendance for the Parks and Recreation
Commission meeting on the first Tuesday of each month, commend ing their
ded ication to the Parks and Recreation system . He then pointed out
Commissioner Fortenbury 's conscientious and meticulous scrutiny during
the construction of the Splash Zone.
2
PLANNING COMMISSION:
GENERAL:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 2, 2006
7:00 P .M . -7 :13 P .M .
APPOINTMENT(S): PLANNING COMMISSION APPOINTMENT
Alderman Elliott moved, seconded by Alderman Sansing to approve the
appoi ntment of Art Brannen to the Planning Commission for a term to
expire 01/01/2009. MOTION CARRIED .
ANNOUNCEMENT(S): Mayor Swa im referenced a copy of the Little Rock
Ordinance creating "Regulation of smoking in most public places and
places of employment" for review and study by the Jacksonville City
Council. He asked the City Counc i l to r eturn with suggestions for
discussion .
Alderman Smi th noted t hat North Little Rock has opted not to adopt the
same type of legisl ation .
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at.
approximately 7 :13p.m.
Respectfully ,
3
City Council Of Jacksonville, Arkansas 0001.70
AGENDA
Regular City Council Meeting
February 16, 2006 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
Sanitation Department
City Mechanic
Animal Control
Street 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
February 2 , 2006
Regular City Council Meeting
January 19, 2006
Regular Monthly Report/January
Chief Robert Baker
Regular Monthly Report/January
Public Works Director Jim Oakley
Regular Monthly Repairs Report/January
Public Works Director Jim Oakley
Regular Monthly Report/January
Public Works Director Jim Oakley
Regular Monthly Report/January
Public Works Director Jim Oakley
FINAL PLAT: CloverRidge Subdivision
Phase Ill (Mayor Swaim)
a. ORDINANCE 1270 (#3-06)
Authorizing Mayor and City Clerk to
Execute appropriate documents to obtain
Financing for extensive wastewater collection
system rehabilitation (Mayor Swaim)
b. UPDATE: Engineering Study regarding
Hwy 67/167 and 440 (Northbelt) by Dupree
Brothers (Mayor Swaim)
000171
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2006
7 :00 P.M. -7 :42 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci t y Counci l of the City of Jacksonvi lle, Arkansas met in Regular
Session on February 16, 2006 at the regular meeting place o f the Council.
Alderman Smith delivered the i nvocation and Mayor Swaim le d a standing
audience in the "Pledge of Allegianceu to the flag.
ROLL CALL : Alde rmen: Ell i ott , Smith , Ray, F l etcher , Stroud, Twi tty, and
Howard answered roll call . Mayor Swa i m also answered ROLL CALL declaring a
quorum . PRESEN T seven (7), ABSENT (3). Aldermen Lewis, Sansing, and Rin ker
were absent .
Al d erman Sm i th offered an update regarding Alderman Lewis' health, asking
for prayers in his recovery.
Mayor Swaim noted Alderman Ray's early attendance at City Council
fol l owing surgery , adding that Alderman Rinker is caring for her mother
who has just been re l eased from t h e hospital.
Others present for the meet i ng were: City Attorney Robert Bamburg , Deputy
Clerk Kary Jezwinski, Human Resource Dire ctor Charlie Brown , City
Engineer Jay Whisker, Pub lic Works Director Jim Oakl ey, Fire Ch i ef John
Vanderhoof, Police Chief Robert Baker, Parks and Recreation Director
George Biggs , CDBG Director Theresa Watson, Wastewater Depar tment Manager
Thea Hughes , Planning Comm i ssion Chairman Mark Stroud, Mr . Larry Dupree,
Mr . Tommy Dupree , Mrs. Addie Gibson, Mrs. Edi th Smith, Mr . Larry Sm i th,
interest ed citizens and members of t he press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
February 2, 2006 for approva l and/or correction at the next regular l y
schedu l ed City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Stroud that the minutes of th•~
Regular City Council Meeting of 19 January 2005 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman El liott moved, seconded by Alderman Ray to approve the Regula .r
Monthly Report for January 2 006 . Said rep ort reflects the Total Value of
Reported Stolen Property $151,806 . Total Value of Recovered Stolen Property
$67,592 and Total Report Sales $90 1.00 .
REGULAR MONTHLY REPORTS/PUBLIC WORKS
SANITATION DEPARTMENT
GARBAGE TRASH
Tons taken to Landfill 653
Tipping fees for January $11,626 .50
Cubic Yards Collected
Cubic Yards Mu lched
1
3 ,025
1,513
o•o1,..,..., u -· ~ ~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2006
7 :00 P .M. - 7 :42 P.M .
RECYCLING
Curbside pick-ups
Drive -thru Customers
Tires Col l ected
Estimated Revenue f or Cardboard
Paper , Plastic , Aluminum
3 ,518
496
1,504
$ 2 ,317 .40
CITY MECHANIC DEPARTMENTAL VEHICLE REPAIRS
Animal Control 79.15 Garbage
Engineering 1. 62 Trash
Fire Department 1 ,286 .88 Recycling
Parks & Recreation 561.52 Street
Police Department 2,622 .47 Beautification
Water Department 302.50 TOTALS
REGULAR MONTHLY REPORT/ANIMAL CONTROL
2 ,261.98
1,267 .54
2 ,354 .50
3 ,5 78 .64
149 .41
$14 ,566 .21
Alderman E l liott moved, s econded by Alderman Ray to approve the Regular
Monthly Animal Cont rol Repo r t for Janu ary 2006. Sa i d report refl ects:
ADOPTION/FINES :
CONTRIBUTIONS :
TOTAL :
$924 .5 0
$ 0.00
$924 .50
REGULAR MONTHLY REPORT/ STREET DEPARTMENT
ROAD AND DRAINAGE
Asphalt Shims
St orm Drain Inlets cleaned
Storm Drain Culverts cleaned
Open ditches cleaned
Potholes repaired
Utility cuts repaired
Shoulder repair
R-0-W cleaned/street sweeper
Culvert Cleaned
Drain Inlet Boxes repaired
Curb & Gutte r replaced
Sidewal k repaired
Asphal t Milling locations
Base Failure Repair
Miles of R-0-W mowed
1
3
2
0
24
1 2
250 ft
280 mi
158 ft
4
0
30 ft
2
3
0 mi
BEAUTIFICATION
Bags/Li tter
Islands mowed
Yards mowed
R-0 -W mowed
Commu nity Service Hours
Seasonal People
S I GN & S IGNAL
Signs Fabricated
Signs Installed
Hot tape installed
Sign Post Install ed
Signal Maint .
49
0
1
0 mi
82 h r s
0
53
24
1
16
8 h rs
ROLL CALL: Aldermen: Elliott, Smith, Ray, Fletcher , Stroud, Twitty and
Howard voted AYE . MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
S TREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: FINAL PLAT Cl overRidge Subdivision PH III
2
0 ') 0 ~ 1"'1 3 u ) ..... !
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 16 , 2006
7:00 P .M. - 7 :42 P.M .
Alderman Smith moved , seconded by Alderman Stroud to accept the Final
Plat of the CloverRidge Subdivision PH III as recommended by the Planning
Commission . MOTION CARRIED .
GENERAL: a . ORDINANCE 1270 (#3-06)
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF
JACKSONVILLE, ARKANSAS TO EXECUTE ALL APPROPRIATE DOCUMENTS REQUIRED ON
BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY'S EFFORTS TO OBTAIN INTERIM
FINANCING FOR THE EXTENSIVE COLLECTION SYSTEM REHABILITATION; AND, FOR
OTHER PURPOSES.
Mayor Swaim noted that there are areas in the north and northeast part of
the City, which requires rehabilitation, explaining that the Wastewater
Department is proposing to make a short-term loan to pay for those
improvements .
Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1270
be placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Ray,
Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0}. MOTION CARRIED.
Whereupon City Attorney Bamburg read Ordinance 12 7 0 .
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 127 0 bE!
APPROVED on FIRST READING . ROLL CALL : Alde rma n Elliott, Smith, Ray,
F letcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1270 on SECOND READING . ROLL CALL: Alderman El l i ott,
Smith, Ray, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read t h e heading of
Ordinance 1 270 .
Alderman Smith moved, seconded by Alderman Stroud to further suspend the
r ules and place Ordinance 1270 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott, Smith, Ray, F letcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read th1=
heading of Ordinance 1 270.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1270 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, Ray, Fletcher,
Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1270 THIS 16th DAY OF FEBRUARY
2006.
b . UPDATE of engineering study regarding Hwy . 67/167 and 440 (Northbelt)
by Dupree Brothers
Mr . Larry Dupree introduced himself and the e n gineering firm of Carter &
Burgess, Inc . He presented a complete report to Mayor Swaim and excerpts
from that report to the City Council regarding the findings of a traffic
3
0 10"' ~}.., IJ ~ ! -i
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2006
7 :00 P .M. - 7 :42 P .M.
study. He introduced Mrs . Judy Beale to read a letter from Dupree
Brothers Limited Partnership to the City Council (a copy is on file in
the office of the City Clerk) . The letter presented their reques t
regarding the development of additional alternative design concepts
acceptable to the Highway Department for an improved Redmond Road
Interchange to be cons t r u cted between the I-44 0 intersection with Highway
67/167 and the a ccess r amps at South Redmond Road exit. The letter
sta ted that the Redmond Road Interchange Justification Analysis (RRIJ)
was prepared as an initial step toward finding solutions to: (a) existing
traffic problems on 67/167, (b) better traffic flow in and from the City
park at times o f peak event traffic patterns, (c) prepare for future
traffic that will result from a phased in commercia l development of
Legacy Centers, (d) allow better traffic flow on proposed service roads
on the east side that could serve as connectors between Hwy 161 South and
Hwy 67/167, (e) adding an additional route for traffic going to the LRAF B
front gate via Redmond Road interchange merging into Municipal Drive .
The letter went on to say that the Redmond Road Int erchange Study was
presented to the Arkansas Highway Department and Mayor Swaim received a
follow up letter, which noted certain technical requirements in the
proposed design concept . It further read that Dupree Brothers asked Mr.
Arbuckle of the Carter & Burgess F irm to spea k to t he City Council
regarding his f irm's position on t h e current status of the study . The
letter then st r essed t he critical nature of timing regarding the
following steps needed by the City of Jacksonville , AHTD, Metroplan and
Federa l Highway Administration. I n conclusion, the letter offered formal
auth ori z at i o n to the City of Jacksonvil l e to use the contents o f the
prelimin ary report to work with the various agencies .
Mr. James Arbuckle of Carter & Burgess stated that t h e study's goal was
to follow federal requirements necessary t o approve a new break in access
(interch ange) and to document the 8 points required by FHWA, ranging from
identifying the study area , looking at environmental issues to looking at
the traffic and operations as well as identifying funding . He stated
that the study identified the scope of work that would continue if the
Highway Department endorsed the concept of the interchange . He stated
that the elements of the project are to relocated the Redmond Road
interchange to the vicinity of the i nspection station, a connec tion to
the east that would ultimately connect to Hwy 161, as well as a frontag e
ro ad system that would work itself back to Hwy 161, and extending
Mu ni cipal Drive to tie into the future planned development . He n oted
that another con sideration that was proposed to the Highway Department
was that Oneida Street be an interchange when the Freeway e xt e nds onto
t he west. He stated that currently the Highway Department has plans to
expand 67/167 f rom 440 up to Redmond Road to three l anes each way. He
stated that in consideration of that and the City 's Street Master Plan,
the proj ect was planned to "dovetail" into exis ting plans . He then
re l a t ed that traffic was take n into consideration , mentioning the
bottlenecks tha t occur at 440 coming off and merging with 67 going to the
north . He stated that under the study even with three lanes the level of
service is a rating "F". He then stated that one i tem discussed with the
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEB RUARY 16 , 2006
7 :00 P .M. -7 :42 P .M.
Highway Department was the addi ti on o f an auxiliary lane for t he ramp
before t he proposed interchange , which wou ld bring the level o f service
to a "D" rating . He stated that the Highway Department i ssued a letter
regarding their concern for s pac ing of t he relocated Redmond Road
Interchange relative to I-440 and 67 Interchange and the regiona l
signi f icance of an interchange of this fas h i on . He noted that the
Highway Department has s t ate d that in an urban condi t i on , spacing shou ld
not be less than 1 mile, addi ng that what h ad been p r es e nted actually
showed the spacing between 440 and the interchange as 1 .3 miles and the
s econd spacing to Main Street was 1 .2 miles. He stated that the distance
between the noses of the on ramps is .5 miles while the criter ia is 2 ,000
feet . He noted that the issue relative to regional significance was
introduced p oint ing out Dupree Park, the potenti al of another access
point to the Air Force Base, a future development for shopping as well as
mobility on the south side of Jacksonvi l le a n d a c cess to the eas t . He
stated that the Hi ghway Department 's response was that it would need to
be studied in more depth. He stated that the Highway Department 's most
significant concern is the place ment o f a clo ser interchange, a dding that
they are confident that it could b e proven through an opera tio nal
analys is . He stated that the recommendation from the Highway Department
is t hat if t h e concept is to be pursued further t h ey should ob t ain the
bless ing of t he City of Jacksonville and schedule a meeting wi t h FHWA .
He stated that the b ig hurdle would be funding, expla i n i ng that par t of
the operat i o nal analysis is identifyin g funding sources. He s tated that.
t he project is not a part o f the Transportation I mp r ovement Pl an that wa~>
set up as part of the long range planning activity t h ro u gh Metroplan a nd
will not be until a f u ndi ng s ource is identified . He menti oned sources
for funding. He stat ed that the meri t o f the project comes from the City
of Jacksonville 's push to move t h e proje ct forward.
I n response to a que st ion from Alderman Smith , Mr. Arbuckle concurred
that part of the concept wa s to h a v e a s ervice road from Hwy 67 to Hwy
161.
Mr. Larry Dupree noted that pro p erty owners have expressed t h ei r
willingnes s re gardi ng rights-of-way necessary for the roadway .
In response to a question from Alderman Stroud , Mr. Arb uckle expla ined
the concept of moving the Redmond Road Interchange and ma king i t into a
fu ll diamond inte rchange . Alderman Stroud stated that he is not aw are of
how that would he l p e astbound traffic.
Mr. Dup r ee related that traffic b e tween Hwy 161 and up to Tri cke y Lane
would expe ri ence problems if there were t raff i c con gestion on either end,
adding that the new configuration would provide an opening i n that
circumstance . He spoke about better access fo r the Va l e ntine area and
south Redmond Road as well as a connector to t he west from the
interchange which would help the almost 20 ,000 cars merging from Main
St ree t and Redmond Ro ad .
5
CJ01~f3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 16, 2006
7:00 P.M. -7:42 P.M.
In response to a question posed by Mayor Swaim, Mr . Arbuckle stated that
the costs would range from 19 million to 36 million, adding that the
variation in cost is based on a determination on the lengths of bridges
a n d the cross sect i on necessary to complete the project .
Mayor Swaim noted that the Highway Department has stated that the Highway
would have to be raised, explainin g that the Bayou Meto Bridge will have
to be raised .
City Engineer Wh i sker noted that the bridge would go from a 90 ' span to a
900' span.
Mr . Arbuckle stated that he was aware of those considerations, adding
that it would be incorporated into their plan. He noted the urgency of
the plan regarding proposed funding that is already proposed to be spent
on revamping the Redmond Road Intersection.
In response to a q ue st ion posed by Alderman Ray, Mayor Swaim stated and
Mr. Arbuckle concurred that the first step would require further funding
for the planning stage.
Mr . Arbuckle then surmised that the operat i onal analysis study would cost
approximately $150 ,000.00 . He the n added that he believes the next
critical step would be meeting with the Highway Department and FHWA . He
noted that FHWA had reacted lukewarm to the proposal, but pointed out
that FHWA had not been a party to the entire discussions and may n ot have
an appreciation for the project's goal .
I n response to a comment from Alderman Smith, Mr. Arbuckle concurred that
the presentation to the City Council is just to inform a nd make everyone
aware of where the project is .
It was then noted that certain poo l s of funding that would be designated
for the James Street Overpass widening and the one -way a ccess roads would
be the same funding source for the proposed project.
Mayor Swaim informed the Ci t y Council that in a meeting with Congressman
Snyder , the Highway Commissioner , and officials in January; he had
requested a separate insert for the James Street Bridge, which was n ot
met entire ly with positive reaction. He noted that the project would
cost approximately 12.4 million dollars .
Mayor Swaim updated the City Council on various projects and possible
funding . He noted that the City had previously received $98 ,000 in LUSA
funds, but had borrowed LUSA funds from two other citi es for the last
project that has since been paid back . He stated that the next project
invol v ing LUSA funds i s the signalization of Harris Road and West Main
Street.
In response t o a question from Alderman Fletcher , Mayor Swaim related
that another con cern by the Highway Department is t h at Missouri is not
building their part of 67/167 to freeway standards. He explained that
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 16 , 2006
7:00 P.M. -7 :42 P.M.
when 67/167 goes into Missouri the road is no longer an interstate,
adding that was part of the discussion of havi ng 67/167 designated as a
freeway .
Estimated cost for the northbound side of the Nort~belt project is 14
million and 13 million for the southbound side . Other projects i ncludi ng
the raising of the Bayou Meto Bridge were discussed .
Mayor Swaim thanked the Dupree Brothers for t h eir presentation, adding
that he and City Engineer Whisker are in contact with the Highway
Department on a regular basis and will continue to work with them for
Jacksonville projects.
APPOINTMENT{S):
ANNOUNCEMENT { S) :
ADJOURNMENT : Mayor S waim without objection adjourned the mr~eting at.
approximately 7:42p.m .
Respectfully,
7
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
March 2 , 2006 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
Engineering Department
6 . WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
-10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a .
b.
c.
Regular City Council Meeting
February 16, 2006
Regular City Council Meeting
February 2, 2006
Regular Monthly Report/February
Chief John Vanderhoof
Regular Monthly Report/January
City Engineer Jay Whisker
ORDINANCE 1271 (#4 -06)
Refinancing expans ions and
improvements to Rebsamen Medical
Center (Mayor Swaim)
ORDINANCE 1272 (#5-06)
Issuance and sale of a series of Library
construction and improvement bonds for
the public library (Mayor Swaim)
RESOLUTION 589 (#2-06) Authorizing
preparation of documents offering
sale of City's library construction and
Improvement bond (Mayor Swaim)
JACKSONVILLE HOUSING AUTHORITY
Appointment of Robert Colford to fill the
unexpired term of Pat Green to expire
3-17-2008
0 J f'\ 1 ,.., (")
. \..}~~{,.}
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 02, 2006
7:00 P.M. -7:14 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the City of Jacksonville, Arkansas met in Regular
Se s s ion on March 2 , 2006 at the r egul a r meeting place of the Co u nc i l .
Alderman How ard delivered the invocation and Mayor Swa i m led a standing
audience in the "Pl edge of Allegiance " t o the flag .
ROLL CALL: Aldermen : Elli ott, Sansin g , Ray, Rinker, F letcher, Stroud,
Tw i tty, and Ho wa rd a nswe r ed rol l call . Mayor Swaim a l so answered ROLL CAL L
declaring a quorum . PRESENT eight (8), ABSENT (2 ). Alde rmen Lewis a nd Sm i th
were absent .
Others present for the mee ting were : City Attorney Rober t Bamburg, Deputy
Cl erk Kary Jezwinski, Human Resource Director Char lie Brown, Finance
Director Paul Mushrus h , City Engineer Jay Whisker, Public Works Director
Jim Oakley , F ire Chief John Vanderhoof, Police Ch ie f Robert Ba ker , Parks
and Recreation Directo r George Biggs, CDBG Di rector Theresa Watson, Mr .
Larry Smith , i ntere s ted citizens and members of t he p res s .
Announcement :
Mayor Swaim r e lated that Alderman Lewis i s in Rebsamen Hospital . He then
noted the passing of a great vo lunt e er and supporter o f the Jacksonville
Par k s and Recreation , Mr . Sam Ashenbrennen .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
February 16 , 2006 for approval and/or correction a t t he n ext regular ly
scheduled City Council meeting .
APPROVAL AND/OR CORRE CTION OF MINUTES :
Alderman Howard moved , seconded by Alderman Ray that the minutes of thE~
Regular City Council Mee t ing of 2 Fe bruary 2006 b e APPROVED . MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Ra y to approve the Regula:::-
Monthly Report for Februa ry 2006 f r om t he Jacksonville Fire Depa rtment ,
which reflects a fire loss of $125 ,00 0 a nd a savings total of $135,000 .
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Al derman Ray to approve the Regular
Monthly Report for F ebruary 2006 . Sa i d r eport reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business Li c ense
32
30
INSPECTIONS PREFORMED
Building I nspections 1 62
HVACR 68
Electrical 1 23
Plumbing 134
1
UNSIGHTLY & UNSANITARY
Grass Lette rs 0
Property Mowed 0
Trash Letters 99
Trash Removal 1
Property Maint. Letters 19
Cost for February $ 54.50
cJo:so
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 02 , 2006
7:00 P.M. - 7 :14 P .M.
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
32
1
0
0
0
Alderman Elliott commended the Fire Department and Police Department for
their professionalism during the r ecent accident at the Main Street Bridge.
Mayor Swaim stated that he was present at the scene and witnessed the
pro fessi o nal and methodical work being performed by Jacksonville Police
officers and firefigh ters.
ROLL CALL: Aldermen: Elliott , Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL: a. ORDINANCE 1271 (#4-06)
AN ORDINANCE MAKING CERTAIN FINDINGS WITH RESPECT TO THE REFINANCING OF
EXPANSIONS OF AND IMPROVEMENTS TO REBSAMEN MEDICAL CENTER ; AUTHORIZING
THE ISSUANCE OF REVENUE REFUNDING BONDS; AUTHORIZING A SUPPLEMENTAL TRUST
INDENTURE; AUTHORIZING A SUPPLEMENTAL LEASE; AUTHORIZING THE SALE OF THE
BONDS ; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING AN
EMERGENC Y; AND, FOR OTHER PURPOSES .
Mayor Swaim stated that Ordinance 127 1 is being proposed for the purpose
of refinancing the balance of hospital bonds.
Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1271
be placed on FIRST READING . ROLL CALL: Alderman Elliott , Sansing, Ray,
Rinker, Fletcher, Stroud, Tw itty and Howard voted AYE . NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read Ordinance 1271.
Alderman Stroud mo ved, seconded by Al derman Ray t h at Ordinance 1271 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Sansing , Ray,
Rinker , Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION
CARRIED.
2
. (,) '~ n:l ·uo i
+ lt.., Y u .. ··-\ ......,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 02 , 2006
7 :00 P .M. -7:14 P.M.
Alderman Ray moved, seconded by Alderman Stroud to suspend the rules and
place Ordinance 1271 on SECOND READING . ROLL CALL : Alderman Elliott,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading
of Ordinance 1271.
Alderman Sansing moved, seconded by Alderman Ray to further suspend the
rules and pla ce Ordinance 1271 on THIRD and FINAL READING . ROLL CALL :
Alderman Ell i ott, Sansing, Ray, Rinker, Fletcher, Stroud , Twitty and
Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1 271 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1 27 1 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Sansing, Ray, Rinker,
Fletcher, Stroud , Twitty and Howard voted AYE . NAY (0 ). MOTION CARRIED .
Alderman Ray moved, seconded by Alderman Elliott that the EMERGENC Y
CLAUSE be attached to Ordinance 1271. ROLL CALL : Alderman Elliott,
Sansing, Ray , Rinker , Fletcher, Stroud, Twitty and Howard voted AYE . NA Y
(0). MOTION CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1271 THIS 2 nd DAY OF MARCH 2006.
b. ORDINANCE 1272 {#5-06)
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF LIBRARX
CONSTRUCTION AND IMPROVEMENT BONDS FOR THE PURPOSE OF FUNDING THI ~
CONSTRUCTION AND CAPI TAL IMPROVEMENTS TO THE PUBLIC LIBRARY OF THE CITY ;
PLEDGING TAX REVENUES SUFFI CIENT TO PAY THE PRINCIPAL OF AND INTEREST ON
THE BONDS ; AUTHORIZI NG THE EXECUTION AND DELIVERY OF A TRUST INDENTUru~
FOR THE BONDS ; AUTHORIZING THE ACCOMPLISHMENTS OF THE PROJECT ; APPROVING
AN OFFICIAL STATEMENT ; PRESCRIBING OTHER MATTERS RELATING THERETO; AmJ
DECLARING AN EMERGENCY.
Alderman Howard moved, seconded by Alderman Ray that Ordinance 1272 be
placed on FIRST READING . ROLL CALL : Alderman Elliott, Sansing, Ray,
Rinker, Fletcher , Stroud, Twitty a nd Howard voted AYE. NAY (0). MOTION
CARRIED . Whereupon City Attorney Bamburg read Ordinance 1272.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1 27 2 be
APPROVED o n FIRST READING . ROLL CALL : Alderman Elliott, Sans ing, Ray ,
Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION
CARRIED .
Alderman S t roud moved, seconded by Alderman Ray to suspend t he rules and
place Ordinance 1 272 on SECOND READING . ROLL CALL : Alderman Elliott,
Sans i ng, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading
o f Ordinance 1272.
3
00010~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 02, 2006
7 :00 P.M. -7:14 P .M.
Alderman Elliott moved , seconded by Alderman Ray to further suspend the
rules and place Ordinance 1271 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and
Howard voted AY E. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney
Bamburg read the heading of Ordinance 1272 .
Alderma n Ray moved , seconded by Al derman Sansing that Ordinance 1272 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Sansing , Ray, Rinker ,
Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
Alde rm an Ray moved , seconded by Al derman Sansing that the EMERGENCY
CLAUSE be attached to Ordinance 1272 . ROLL CALL: Alderman El l i ott ,
Sansing , Ray , Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1272 THIS 2 nd DAY OF MARCH 2006.
Mayor Swaim stated that the construction fund has approximately 2. 4
million dollars, whi ch is more than origina lly determined from the bond
issue . He s t ated that as soon as the land for the Libr ary is a c quired
the project wil l be ready to begin.
c . RESOLUTION 589 (#2-06)
A RESOLUTION AUTHORIZING THE PREPARATION OF DOCUMENTS FOR THE OFFERING
AND SALE OF THE CITY'S LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS, SERIES
2006 PURSUANT TO THE PROVISIONS OF ACT NO. 920 OF 1993; AND FOR OTHER
PURPOSES.
Mayor Swaim relat ed that Ordinance 1272 was amended to include the
provision provided in Resolution 589, making Resolution 589 for this
purpose null and void . Resolution 5 89 was removed from the agenda.
APPOINTMENT(S): JACKSONVIL LE HOUSING AUTHORITY APPOINTMENT
Alderman Ray moved, seconded by Alderman Stroud to approve the
appointment of Robert Colford to fill the unexpired term of Pat Green to
expire 3/17/2008.
ANNOUNCEMENT(S): Al derman Ray noted that the Outside the City Sidewalk
Committee h as met with the City Attorney and City Engineer in regard to
Codes. He stated that the final opinion of t h e Committee is that
establi shed existing Codes are satisfactory .
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:14p.m.
Respectfully ,
~~ MAYOR TO SWAIM
4
000 183
City Council Of Jacksonville, Arkansas
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Engineering Department
Police Department
Fi re Department
Street Department
City Mechanic
Sanitation Department
Animal Department
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANN IN G COMMISS ION:
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
AGENDA
Regular City Council Meeting
March 16, 2006 7:00p.m .
a.
b .
Regular City Council Meeting
March 2 , 2006
Regular City Council Meeting
February 16, 2006
Regular Monthly Report/Febru ary
City Engineer Jay Whisker
Regular Monthly Report/ February
Chief Robert Baker
Regular Monthly Report/ Febru ary
Chief John Vanderhoof
Regular Monthly Report/ February
Public Works Director Jim Oakley
Regular Monthly Report/ February
Public Works Director Jim Oakley
Regular Monthly Report/ Fe bruary
Public Works Directo r Jim Oakley
Regu lar Monthly Report/ February
Public Works Director Jim Oakley
Proposed Byrne Justice Assistance Grant
Purchases (Mayor Swaim)
FINAL PLAT: Bevcook Addition
(Mayor Swaim)
FIN A L PLAT: CenturyTel Addition
Lot 1 (Mayor Swa im)
Approva l of the 2005 CDBG CAPER Report
(Mayor Swaim)
HEALT H CARE FACILITIES BOARD
Reactivate and appoint Pat O'Brien
for a term to expire 11 -16-2007
T om Brancheau for a term to expire 11-16-2008
Joey Price for a term to e x pi re1 1-1 6-2009
Vicky Evans for a term to expire1 1-16-2010
Cindy Elia for a term to expire 11-16-201 1
000184
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 16, 2006
7 :00 P.M. -7:24 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regula r
Session on March 16, 2006 at the regular meeting place of the Council.
Alderman Ray delivered the i nvocation and Mayor Swaim led a standing
audience in the "Pledge of Allegi anceu to the f lag .
ROLL CALL: Aldermen: Elliott, Sm ith, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum . PRESENT nine (9), ABSENT (1). Aldermen Lewis
was absent.
Others p r esent for the meeting were: Deputy Clerk Kary Jezwinski, Human
Resource Director Charlie Brown, Finance Direct or Paul Mushrush, City
Engineer Jay Whisker, Public Works Director Jim Oakley, Fire Chief John
Vanderhoof, Battalion Chie f Joe Bratton, Police Chief Robert Baker, Parks
and Recreation Director George Biggs, CDBG Di rector Theresa Watson, Mrs .
Judy Swaim, Mrs. Edith Smith, Mr. Larry Smith , interested citizens and
members of the press.
Mayor Swaim noted that City Attorney Bamburg was standing in as Municipal
Judge for Judge Batton and would not be present for the City Council
meeting.
PRESENTATION OF MINUTES:
Mayor Swaim present ed the minutes of t he regular City Council meeting of
March 2 , 2006 for approval and/or correction at the next regularl y
scheduled City Counci l meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 16 February 2006 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT /ENGINEERING
Alderman Elliott moved, seconded by Alderman Smit h to approve the Regular Month ly
Report for February 2006. Said report reflects:
PERMITS /LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
15
1 6
Grass Letters 148
Property Mowed 0
Trash Letters 59
Trash Removal 1
Property Maint . Letters 10
Cost $ . 00
INSPECTI ON S PREFORMED
Building Inspection s
HVACR
Electrical
Plumbing
VEHICLES
Notice o f Noncompliance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
Demolitions
1
99
49
1 07
109
18
1
0
0
0
000 1 0 .-J \ .:..{_.· .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNC I L MEETING
MARCH 16, 2006
7:00 P.M . - 7 :24 P.M.
Alderman El lio tt mo ved , seconded by Alderman Smith t o approve the Regular Monthly
Report for Febr uary 2006. Said repor t reflects t he Total Value of Reported Stolen
Pro p e r t y $1 00 ,518 . Total Va lue of Recovered Stolen Property $45,181 and Total
Repor t Sales $1,258.00.
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Elliott moved , s e conded by Alderman Smith to approve the Regular Monthly
Report for February 2006 from the Jacksonvi lle F ire Depa r tment , which reflects a
fire loss of $30 ,000 and a savings total of $10 ,000 .
REGULAR MONTHLY REPORT/STREET DEPARTMENT
ROAD AND DRAINAGE
Asphalt Shims
Storm Drain Inlets cleaned
Storm Drain Culverts cleaned
Open ditches cleaned
Potholes repaired
Utility cuts repaired
Shoul der repair
R-0 -W cleaned/street sweeper
Culverts Installed
Dra in Inlet Bo x es repaired
Curb & Gutter replace d
Sidewalk repaired
Asphalt Milling locations
Base Failure Repair
Miles of R-0-W mowed
SIGNS & SIGNAL
Signs Instal led
Sign Post Inst a lle d
Signs Fabricated
Hot Tape Installed
Signal Maint e nance
1
17
2
6
22
7
none
250 mi
130 ft
4
0
none
none
3
3 4
1 2
30
none
3 .5
0 mi
CITY MECHANIC DEPARTMENTAL VEHICLE REPAIRS
Animal Control 0 .00
Engineering 2 29 .22
Fire Department 381.61
P arks & Recreation 706 .46
Police Department 4,191.98
Water Depa rtment 72.36
BEAUTIFICATION
Ba gs/Litter 1 81
Used Tires Picked-up 9
#o f Islands Bagged 7
#of Yards Bagged 8
Miles of right-o f -way
Bagged 1 .5 mi
#o f trees , Flowers , Shrubs
planted none
#of communi ty service worke rs ll/225hrs .
#of seasonal workers none
Ditch Work 1
Trim Trees 1 locati on
Garbage
Trash
Recycling
Street
Beautification
TOTA LS
1 ,526 .56
24 .06
1,807 .43
3,906 .86
1 92 .03
$14,566 .2 1
REGULAR MONTHLY REPORT /SANITATION DEPARTMENT
Alderman E l liott moved , seconded by Alderman Smith to approve the Regular
Monthly Report for February 2006 .
GARBAGE TRASH
Tons taken to Landfill 458 Cubic Yards Collected 1 ,581
Tipping fees $ 8,088.00 Cubic Ya rds Mu l c h ed 800
BULKY ITEMS
Tons ta k en to Landfill 39
Tipping fees $ 1,685.00
2
RECYCLING
Curbside pick-ups
Drive -thru Customers
Tires Collected
Estimated Revenue
2,984
458
1 ,258
Paper, Plastic , Aluminum $ 7 ,927 .30
REGULAR MONTHLY REPORT/ANIMAL CONTROL
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 16 , 2006
7:00 P .M. -7:24 P .M.
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly
Animal Control Report for February 2006 . Said report reflects:
ADOPTION/FINES :
CONTRIBUTIONS:
TOTAL :
$712.00
$ 25 .00
$737.00
ROLL CALL: Aldermen : Elliott, Smith, Sansing, Ray, Rinker, Fletc her, Stroud ,
Twitty and Howard v o ted AYE. MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT: Proposed Byrne Justice Assistance Grant
Mayor Swaim related t h at recently the Police Department was awarded an
equ ipment gran t , exp laini ng that part of the grant acceptance requires
that equipment items to be purchas e d be b r ought before t he City Coun cil .
Police Chief Baker related that the i terns for purchase are one ( 1)
therma l I mag i ng device which wi ll l ater be demonstrated by the F i re
Department , t wo (2) workstat ion computers systems to be insta l led in the
new briefing room and the COP Uni t, eight (8) metal stor age shelves used
in the ev i dence locker room , presentation coins representative of t h e
Jacksonv i l le Police Department and presentation pins representative of
the J acksonvi l le Police Department . He stated t h at the total cost was
$17,531 .00 and the grant award was for $17,531.11.
In response to a question posed by Alderman Strou d , Ch ief Baker surmised
that the Fire Department would use the t hermal imaging devi ces to
identify h ot spots and victim rescue; further explaining that the Police
will use them for search and goes , which require searches in wooded areas
or i n attics within a residence.
Mayor Swaim noted that the equipment would easily detect body heat in
police search situations .
Chief Baker stated that currently the only recourse is the use o f police
can i n es , furthe r expressing his reluctance to sen d a canine into an attic
situation .
In response to a q u estion posed by Alderman Twitty , Chief Baker stated
that it was his understanding from the n ewspapers t h at the pit bu l l
responsible for killing two other dogs would be euthanized .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 16 , 2006
7 :00 P .M. -7 :24 P .M.
Public Works Director Jim Oakley clarified that the pit bull has been
confiscated and is currently being held a t the City Animal Shelter,
adding that the matter will go before t he Judge with the recommendation
f or euthanasia.
Discussion ensued regarding an unrelated bite case where the dog has not
yet been apprehended .
In response to a question posed by Alderman Twitty , Public Wor ks Director
Jim Oakley concurred that the pit bull had been involved in a prior
attack in No v ember and had been declared vici o us by the An imal Control
Department.
Alde r man Twitty suggested that a stiff fine be placed on owners of dogs
declared vicious to h elp deter animals from getting out to do add itional
harm .
Mayor Swaim related that cur rently there is a committee proposing n ew
legislation for the City Counci l to a dopt .
Alderma n Fletcher apologized for the delay i n bringing an ordinance to
the City Coun c il, expl aining that the Committee h as examined similar
ordinances from around the Country and the o r dinance used by Little Ro ck
seems to be more user fr iendly . He went on to explain that the Animal
Control staff then took the ordinance for final touches be fore passing
the o rdinance to City At t orney Bamburg for drafting. He stated t h at City
Attorney Bamburg now has the ordina nce and would be present ing a draft to
the Committee shortly . He related unforeseen delays given the holidays
a nd t he J udge 's recent heart attack regarding City Attorney Bamburq
availabil ity .
Public Works Director Oakley noted that t he pit bull in question actually
chewed through a cha i n link fence to get out before attacking .
Alderman Twitty stressed t he seriousness of a vicious animal getting out ,
not ing a worst t ragedy if it had been a child instead of two other dogs .
She further observed that many of the vicious animals identified by
Animal Control seem to be pit b u lls .
Pub l ic Works Director Jim Oakley noted that pit b ull s are an imal
aggressive .
Discussion ensued regarding cons iderations by the City Co u ncil to ban pit
bul l s .
Pub l i c Works Director Jim Oakley stated that it could possibly be
proposed in the new ordi nance that pit bulls be banned . He then noted
further provisions for dogs being declared vicious and dangerous .
Alderman Stroud stated that he wou l d like to see a draft ordinance withi n
30-days, adding that the number one priority for the City Counci l is to
protect the citizens .
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 16 , 2006
7 :00 P .M. - 7 :2 4 P .M.
Alderman F letcher stated that the problem is larger than bad dog s , its
bad pet owners . He stated that he would work toward h aving the ordinance
back to the City Council within 30 -days .
Alderman Smith moved , seconded by Alderman Sansing to approve grant
expenditures as submitted. MOTION CARRIED.
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION : a. FINAL PLAT Bevcook Addition
City Engine er Whisker stated that the owne rs are making two lots from one
large lot in order to build another house . He stated that the prope rty
owners have also stated that they would tear down t he older home when the
new home is f inished.
In respons e to a question posed by Mayor Swaim, City Engineer Wh i ske r
stated that there was no opposition during the Planning Commission
meeting.
Alderman Stroud moved, seconded by Alderman Howard to approve the Final
Plat of the Bevcook Addition as recommended . MOTION CARRIED .
b . FINAL PLAT CenturyTel Addition
City Engine er Whisker related that CenturyTel is proposing to add on to
the e xis ting buildin g, which is currently on a me t es and bounds property
description. He stated that he h ad asked CenturyT el to plat t he
property , adding that 15' o f right-of-way has been dedicated to the City .
He noted that with t he additional right-of-way it would provide fo r 40 '
of right-o f-way on the north side o f Ma i n Street . He then noted that
CenturyTel has also bonded for the sidewa l k improv ements.
Alderman Elliott moved, seconded by Alderman Ray to approve the Final
Plat of the CenturyTel Addition . MOTION CARRIED.
c. CDBG Annual CAPR Report
Mayo r Sw a im related that he and Alderman E lliott just returne d from
Washington D.C . and that the CDBG progr am was the mo s t signi ficant i tem
be ing lobbied o n Capital Hil l .
Discuss ion ensued regardin g the proposed funding cuts to the CDBG
programs of approximately 1 billion dollars , and Mayor Swaim not e d that
cuts are propos ed to be on a perc entage bas i s .
CDBG Director Theresa Watson not ed a change of $3 ,600.00 that was added
to City F unds , which changed the percentage fa vorabl y . She re l ated that
t hey experi enced an expe cted 2 .2 % de crease in f unds.
5
000 .1£9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 16, 2006
7 :00 P .M. - 7 :24 P.M .
Mayor Swaim related that the CDBG program is a base station for other
grants awarded to the City . He noted that the program receives home
funding , asking Di rector Watson to brief the City Council regarding·
current projects .
Director Watson stated that the current report reflects that the CDBG
Department has completed five (5) projects from a grant wi th eleven (11)
listed projects . She updated that actually all but three (3) have been
completed and currently two (2) of those are nearing completion . She
added that an application for fifteen (15) additional projects was
submitted app roximat e ly two weeks ago. She stat ed that wh ile she is
a l lowed to submit 4 applications with 16 projects per appl i cation, she is
having d i ffic u lty locating contractor s wi lling to do rehab work i n stead
of new home construction . She stated that once the grant is awarded
there is a 2 -year time limit to complete the project .
Mayor Swaim noted that while the CD BG program rece i ves approximately
$300 ,000 annu a l ly , i t spends a lot more given the grants received .
Di rector Watson noted that the program i s expected to rece i ve $285 ,000
this year but in past years has received over $300 ,000.
Mayor Swaim stated that a 20% cut had been proposed for 2007 .
Alderman Ray moved, seconded by Alderman Stroud to approve the 2006
Annual CAPR Report as submitted . MOTION CARRIED .
GENERAL :
APPOINTMENT(S): HEALTH CARE FACILITIES BOARD
Mayor Swaim noted that reactivation of the Heal t hcare Faciliti es Board
would enable the Pathfinder organization to apply for grants and for that
reason Pathfinders has asked that the City Council reactivate the Board .
Alderman Smith moved, seconded by Alderman Ray to reactivate and appoint
Pat O'Brien for a term to expire 11/16/2007, Tom Brancheau for a term to
expire 11/16/2008, Joey Price for a term to expire 11/16/2009, Vicky
Evans for a term to expire 11/16/2010, and Cindy Elia for a term to
expire 11/16/2011 .
PRESENTATION: Battalion Chief Joe Bratton demonstrated two thermal
imagining devices for the Ci t y Council . He noted that the imager is used
to dist inguish between temperatures , adding that the devi ce is capable o f
disti n guishing between as little as 1 degree . He s t ated that t h e F i re
Department was able to obtain 4 devices , one for each eng i ne company .
Mayor Swaim noted that t he main funct i on of the imager is to locate
victims before the fire has had a chance to reach them.
Chief Bratton not ed that there are multiple uses, noting that it would
also allow f i refighters t o locate hot spo t s on a fire scene .
6
... f\!0~ oo \.; -.... ,~)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 16, 2006
7:00 P.M . - 7 :24 P.M.
In response to a question posed by Alderman Stroud , Chief Bratton noted
that the imager is capable of distinguishing temperatures at great
distances .
Chief Bratton thanked the City Council for the matching funds , which
enabled the Fire Department to purchase the thermal imagers.
Mayor Swaim noted the advancement in technology for firefighters and
police , which aid in their effectiveness to perform their jobs.
Alderman Stroud introduced an item for consideration to the City Council ,
expla i ning that because of the d i fficulty and expense in condemning
property he feels it might be effective to identify those properties that
need immediate attention and flag them with a sign stating that the
property is being considered to condemnation . He sta t ed t hat his desire
would be to speed the repair and improvement process. He offered that
the suggestion could be worked as a test pilot program to gauge the
effectiveness.
Mayor Swaim explained that in order to implement the program , City
Engineer Whisker would need t o meet with City Attorney Bamburg to
identify at what s t age of condemnation a sign can be placed on the
property.
Alderman Howard stated that he understood this to be a tool being used by
North Little Rock , adding his support for the concept.
ANNOUNCEMENT (S) : Public Works Director Jim Oakl ey announced that the
Chamber of Commerce would be hosting its "Clean-up Jacksonville" campaign
April 1, 2006 , encouraging everyone to participate.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7 :24p.m .
'l~lw~ MAY~SWAIM ~
7
0 ,..,. n ·J n ·~ :J ~~) .t .. :J J... City Council Of Jacksonville , Arkansas
1. OPENING PRAYER:
2 . ROLL CALL :
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Engineering Department
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS :
16. ANNOUNCEMENTS :
ADJOU R NMENT
AGENDA
Regular City Council Meeting
April 6, 2006 7:00p.m.
a.
Regular City Council Meeting
March 16, 2006
Regular City Council Meeting
March 2, 2006
Regular Monthly Report/March
City Engineer Jay Whisker
ORDINANCE 1273 (#6-06)
Waiving Competitive Bidding for
roof repairs (Mayor Swaim)
b . ORDINANCE 1274 (#7 -06)
Waiving Competitive B idding for
ceiling pool repair
a.
a .
b.
RESOLUTION 590 (#3-06)
Supporting the annexation of
Lost Creek Subdivision
(Alderman Fletcher)
RESOLUTION 591 (#4-06)
Supporting the annexation of
StoneRidge Subdivision
(Mayor Swaim)
RESOLUTION 59 2 (#5-06)
Supporting the de-annexation
Uninhabited wetlands
(Alderman Smith)
JACKSONVILLE HOUSING AUTHORITY
Appoint of Mr. Ferrell Gray
for a term to e x pire 03-17-2011
000192
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 06 , 2006
7 :00 P.M. -7:18 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on April 6, 2006 at the regular meeting place of the Council .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL : Aldermen : Elliott , Smith , Sansing , Ray , Rinker , Flet cher,
Stroud, and Howard answered roll call . Mayor Swaim also answered ROLL CALL
declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Twitty arrived at
approximate l y 7 :01 p.m . and Alderman Lewis was absent .
Others present for the meeting were: City Attorney Robert Bamb urg , Deputy
Clerk Kary Jezwinski, City Engineer Jay Whis ker, Public Works Director
Jim Oakley , Fire Chief John Vanderhoof, Ba t talion Chief Joe Bratton ,
Police Chief Robert Baker, Parks and Recreation Director George Biggs ,
Mrs . Judy Swaim, Mrs. Helen Stroud , Mrs . Edith Smith , Mrs. Addie Gibson,
Mr. Mike Wilson , Mr. Larry Smith , interested citizens and members of the
press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
March 16 , 2006 for approval a n d/or correc t ion 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 2 March 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for March 2006 . Said report r e flects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
30
18
Gra ss Letters 103
Property Mowed 0
Trash Letters 73
Trash Removal 3
Property Maint. Letters 7
Cost for February $235 .86
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
75
55
111
103
53
10
0
0
0
ROLL CALL : Aldermen : Elliott , Smith, Sansing, Ray, Rinker , Fletcher ,
Stroud, Twitty and Howard voted AYE . MOTION CARRIED .
1
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 06 , 2006
7:00 P.M. - 7 :18 P .M.
PARKS & RECREATION: a . ORDINANCE 1273 (#6 -0 6)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS , FOR THE PURPOSE OF OBTAINING NEW ROOFING FOR A PORTION OF THE
JACKSONVILLE COMMUNIT Y CENTER; DECLARING AN EMERGENCY ; AND , FOR OTHER
PURPOSES .
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1273
be placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith, Sansing ,
Ray , Rinker, Fletcher, Stroud , Twitty and Howard voted AYE. NAY (0)
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1273.
Mayor Swaim related that waiving competitive bidding for the roof repairs
would allow the City to keep the same contractor who repaired the roof
for the Library us ing the same flat roof system and who assumed the
warranty for that system when the original contract or failed to do so.
Alderman St r oud moved, seconded by Alderman Ray that Ordinance 1273 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith , Sansing ,
Ray , Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Howard to suspend the rules
and place Ordinance 1273 on SECOND READING . ROLL CALL : Alderman
Elliott, Smith, Sansing, Ray, Rinker , Fletcher , Stroud, Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg
read the heading of Ordinance 1273.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ord inance 1273 on THIRD and FINAL READING .
In response to a question from Alderman Fletcher, City Engineer Whisker
explained that the system is a rolled roofing system made of vinyl for
flat roofs. It was noted that the contract is for 50 mills with a 15-year
warran ty.
ROLL CALL : Alderman Elliott, Smith, Sansing, Ray , Rinker , Fletcher,
Stroud , Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1273 .
Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1273 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith , Sansing, Ray,
Rinker , Fletcher, Stroud , Twitty and Howard voted AYE. NAY (0). MOTION
CARRIED.
2
0J0194
CITY OF JACKSONV I LLE
REGULAR CITY COUNCIL MEETING
APRIL 06 , 2006
7 :00 P.M. -7:18 P.M .
Alderman Elliott moved , seconded by Alderman Ray that the EMERGENCY
CLAUSE be attached to Ordinance 1273. ROLL CALL: Alderman Elliott ,
Smith, Sansing, Ray, Rinker, Fletcher, Stroud , Twit ty and Howard voted
AYE . NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1273 THIS 6 th DAY OF APRIL 2006 .
b. ORDINANCE 1274 (#7-06)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE ,
ARKANSAS , FOR THE PURPOSE OF REPAIRING AND REPLACING THE CEILING IN THE
POOL AREA OF THE JACKSONVILLE COMMUNITY CENTER , DECLARING AN EMERGENCY ;
AND , FOR OTHER PURPOSES .
Mayor Swaim noted ongoing condensation problems in t he poo l area,
explaining that the ceiling is dripping water and having corrosion
problems . He related that the project had been bid twice with the lowest
bid coming in at $462,000 . He stated that options to bring the price
down have been reviewed and it was discovered that part of the project
cost was due to bidders assuming that they would have to repl ace a large
number of the roof purlins, because the insulat ion prevents contractors
from being able to fu lly determine the extent of damage . He stated that
part of the recommendation is t h at the City contract removal of the
insulation and then have a corrosion expert determine damage regarding
the steel beams . He stated that this preliminary work might he l p bring
the entire bid price down regarding the full extent of necessary repairs .
He noted ongoing project efforts for almost a year and t he need to move
forward this summer.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that approximately two years ago a new barrier system was installed at
the cost of approximately $20 ,000 .00. He noted that the new system has
improved the conditions .
Mayor Swaim noted that the Jacksonville Community Center has been the
role model for several other cities building similar centers , adding that
he has advised other cities of the conditions with the indoor pool ,
offering that separating the pool from other center areas would be the
optimum solution .
Alderman Stroud moved, seconded by Alderman Ho ward that Ordinance 1274 be
placed on FIRST READING . ROLL CALL: Alderman Elliott , Smith, Sansing,
Ray , Rinker , Fletcher, Stroud , Twitty and Howard voted AYE . NAY (0)
MOTI ON CARRIED . Whereupon City Attorney Bamburg read Ordinance 1274 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1274 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED .
3
000195
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING·
APRIL 06, 2006
7:00 P.M . -7:18 P.M.
Alderman Smith moved , seconded by Alderman Howard to suspend the rules
and place Ordinance 1274 on SECOND READING. ROLL CALL : Alderman
Elliott, Smith , Sansing, Ray, Rinker , Fletcher, Stroud , Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg
read t he heading of Ordinance 1274 .
Alderman Smith mo v e d , seconded b y Alderman Ra y to further s u spend the
ru l es and place Ordinance 1274 on THIRD and FINAL READING . ROLL CALL:
A lderman Elliott , Smith , Sansing , Ray , Ri nke r , Fletcher , Stroud, Twitty
and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney
Bamburg read the heading of Ordinance 1274.
Al derman Stroud moved , seconded by Alderman Ray that Ordi na n ce 1274 be
APPROVED AND ADOPTED. ROLL CALL: Alderman El liott , Smith , Sans ing , Ray ,
Rinker , Fletcher , Stroud , Twitty and Howard voted AYE. NA Y (0). MOTION
CARRIED .
Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY
CLAUSE be attached to Ordinance 1274 . ROLL CALL : Alderman Elliott ,
Smith , Sansing , Ray , Rinker , F l etcher , Stroud , Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1274 THIS 6 th DAY OF APRIL 2006.
PLANNING COMMISSION : RESOLUTION 590 (#3-06)
A RESOLUTION PROVIDING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL
PROPERTY INTO THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS LOST
CREEK ESTATES); AND, FOR OTHER PURPOSES.
Mayor Swaim exp l ained that Lost Creek Estates is a new subdivision being
proposed for development on the west side of Jacksonville .
City Engineer Whisker demonstrated locations of Lost Creek Estates and
StoneRidge Subdivision on a map of the general area. He then noted the
location of area schools in relationship to the surrounding developments .
Alderman Smith moved, seconded by Alderman Sansing to read Resolution
590. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Resolution 590.
Alderman Howard moved , seconded by Alderman Ray to adopt Resolution 591.
MOTION CARRIED .
GENERAL: a. RESOLUTION 591 (#4 -06)
A RESOLUTION PROVIDING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL
PROPERTY INTO THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS
STONERIDGE SUBDIVISION); AND, FOR OTHER PURPOSES .
4
·-
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 06, 2006
7 :00 P .M. - 7 :18 P.M.
Alderman Ray moved, seconded by Alderman Howard to read Resolution 591.
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Resolution 590.
Alderman Stroud moved, seconded by Alderman Sansing to approve Resolution
591. MOTION CARRIED .
b . RESOLUTION 592 (#5-06)
A RESOLUTION AUTHORIZING DEANNEXATION AND DETACHMENT OF CERTAIN
UNIMPROVED AND UNINHABITED WETLANDS FROM THE CITY OF JACKSONVILLE,
ARKANSAS; AND , FOR OTHER PURPOSES .
Alderman Ray moved, seconded by Alderman Howard to read Resolution 592.
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Resolution 590.
Alderman Sansing moved, seconded by Alderman Howard to approve Resolution
592. MOTION CARRIED .
APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY
Alderman Fletcher moved, seconded by Alderman Ray to
reappointment of Mr . Ferrell Gray for a term to expire
MOTION CARRIED.
approve the
03-17-2011.
ANNOUNCEMENT(S): Parks and Recreation Director George Biggs announced
that the annual Easter Egg Hunt wi ll be held Saturday at Excell Park
starting at 9 :30 and immediately followed by the Pitch, Hit and Run for
boys and girls ages seven to f ourteen .
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:18 p .m.
5
City Council Of Jacksonville, Arkansas
AGENDA
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
Fire Department
Animal Control
Police Department
6. WATER DEPARTMENT:
Regular City Council Meeting
April 20, 2006 7:00 p.m.
Regular City Council Meeting
April 6, 2006
Regular City Council Meeting
March 16, 2006
Regular Monthly Report/March
Chief John Vanderhoof
Regular Monthly Report/March
Public Works Director Jim Oakley
Regular Monthly Report/March
Chief Robert Baker
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION:
14. GENERAL:
15 . APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
a.
PRESENTATION: Coach of the Year
Awards (Mayor Swaim)
FINAL PLAT: Eastview PH VI -B
(plat included in packet) (Mayor Swaim)
b. ORDINANCE 1275 (#8-06)
Reclassifying property known as Foxwood
Estates (Mayor Swaim)
c. ORDINANCE 1276 (#9-06)
Reclassifying property known as Graham
Settlement (Mayor Swaim)
RESIDENTIAL HOUSING FACILITIES BOARD
Jon France term to expire 1 0/24/2009
Tom my Bond te rm to expire 1 0/24/201 0
Doug Wilkinson term to expire 10/24/2011
0 :"'()19[') Uu .. o
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 20 , 2006
7 :00 P.M . -7:18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the City of Jac ks onv ille, Arkansas met in Regu lar
Session on April 20 , 2006 at the regular meeting place of the Council.
Alderman Howard deli ve red the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegianceu to the f lag .
ROLL CALL: Aldermen : Elliott, Smith , Sansing, Ray, Rinker , Twitty and
Howard answered roll cal l . Mayor Swaim also answere d ROLL CALL decl ari ng a
quorum . PRESENT (7), ABSENT (3). Alderman Fletcher, Stroud and Lewis were
absent.
Others present for the meeting were: Deputy Clerk Ka ry Jezwinski, Finance
Director Paul Mushrush , City Engin eer Jay Whisker , Public Works Directo r
Jim Oakley , Fire Chief John Vanderhoof , Police Ch ief Robert Ba k er , CDBG
Director Theresa Watson , Parks and Recreation Director George Biggs, Mr .
Jim Peacock , Mrs . Judy Swaim, Mrs . Edith Smith , Mrs . Addie Gibson , Mr.
Curt is Green, Mr . Larry Smith, interested citizens and members of the
press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regu lar City Council meeting of
April 6, 2006 for approva l and/or cor r ection at the next regular l y
schedu led City Co u ncil meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Sansing that the minutes of
the Regular City Council Meeting of 16 March 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Ray to approve the Regu l ar
Monthly Repo rt for March 2006 from the Jacksonville Fire Department, which
reflects a f ire loss of $210 ,000 and a savings total of $130 ,000 .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Ra y to approve the Regular
Monthly Animal Cont rol Report for March 2006. Said r eport re f lects :
ADOPTION/FINES :
CO NTRIBUTIONS :
TOTAL :
$495 .00
$ 20 .00
$515.00
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman E l liott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for March 2006. Said report reflects the Total Value of
Reported Stolen Property $100 ,031. Total Value of Recovered Stolen Property
$39 ,914 and Total Report Sales $1 ,244 .00 .
ROLL CALL: Aldermen: Elliott, Smith, Sansing , Ray, Rinker , Twitty , and
Howard v o ted AYE. MOT I ON CARRIED.
1
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 20, 2006
7 :00 P .M. -7:18 P.M .
PARKS & RECREATION : PRESENTATION Coach of the Year Awards
Director George Bi ggs requested that the item be delayed to offer time
for additional participants to arrive .
DEVIATION IN AGENDA:
PLANNING COMMISSION : a . FINAL PLAT Eastview PH VI-B
Mayor Swaim noted that the Planni ng Commission and City Engineer have
recommended acceptance of the Final Plat , having met all requirements.
Alderman Ray moved , seconded by Alderman Howard to approve the Final Plat
of the Eastv iew Subdivision PH VI-B . MOTION CARRIED.
b . ORDINANCE 1275 (#8-06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION: LOOP ROAD AND NORTHEASTERN AVENUE EAST AND ADJACENT TO
THE RAILROAD TRACKS , JACKSONVILLE, ARKANSAS) , AMENDING ORDINANCE NUMBERS
213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS;
AND, FOR OTHER PURPOSES .
Mayor Swaim noted that the property is also known as Foxwood Estates .
Alderman Elliott moved, seconded by Alderman Sansing that Ordinance 1275
be placed on FIRST READING. ROLL CALL: Alderman Elli ott , Smith , Sansing ,
Ray, Rinker, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Clerk Susan Davitt read the heading of Ordinance 1275 .
Alderman Smith moved , seconded by Alderman Ray that Ordinance 1275 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Smith , Sansing,
Ray, Rinker , Twitty and Howard voted AYE . NAY (0 ). MOTION CARRIED.
Alderman Sansing moved , seconded by Alderman Ray to suspend the ru l es and
place Ordinance 1275 on SECOND READING . ROLL CALL: Alde rman Elliott,
Smith , Sansing, Ray, Rinker, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED . Whereupon City Clerk Susan Davitt read the heading of
Ordinance 1275 .
Alderman Ray moved , seconded by Alderman Elliott to further suspend the
rules and place Ordinance 1275 on THIRD and FINAL READING . ROLL CALL :
Alderman E l liott , Smith , Sansing , Ray , Rinker , Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Susan Davitt read the
heading of Ordinanc e 1275.
2
'--
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 20 , 2006
7:00 P .M. -7:18 P .M.
Alde rman Sansing moved, se conded by Alderma n Ray t h at Ordinance 1275 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Smith , Sansing , Ray,
Rinker, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1275 THIS 20 th DAY OF APRIL 2006.
c . ORDINANCE 1276 (#9-06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION: CORNER OF GRAHAM ROAD AND LOOP ROAD , JACKSONVILLE ,
ARKANSAS) , AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF
THE CITY OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES.
Mayor Swaim noted that the development is known as Graham Settlement .
Alderman Smith moved , seconded by Alderman Elliott that Ordi nance 1276 b e
p l aced o n FIRST READING . ROLL CALL : Al d erman E lliott , Smith, Sansing ,
Ray, Rinker , Twi tty and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City Clerk Susan Davitt read the heading of Ordinance 12 7 6 .
Alde rman Sansing moved , second ed b y Alderman Ray t h at Ordi nance 1276 be
APPROVED on FIRST READING . ROLL CALL: Alderman El liott , Smith , Sansing ,
Ray , Rin k er , Tw i tty and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Ray moved , seconded by Alderman Sansing to suspend the rules and
place Ordinance 1276 on SECOND READING. ROLL CALL: Alderman E lliott ,
Sm i th , Sansing , Ray , Rinker, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED. Wh ereupon City Cler k Susan Dav itt read the heading of
Ordi nance 1276.
Al derman Ray moved , seconded by Alderman Sansing to further suspend the
rul es and place Ordinance 1276 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott , Smith, Sansing , Ray , Rinker, Twit ty and Howard voted
AYE . NAY (0). MOTION CARRIED. Whereupon City Clerk Susan Davitt read the
heading of Ordinance 1276.
Alderman Elliott moved, seconded by Alde rman Ray that Ordinance 1276 be
APPROVED AND ADOPTED . ROLL CALL : Alderman E ll iott , Smith, Sansing , Ray,
Rinker , Twitty and Howard voted AYE . NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1276 THIS 20 t h DAY OF APRIL 2006 .
GENERAL:
APPOINTMENT(S): RESIDENTIAL HOUSING FACILITIES BOARD
Alderman Elliott moved , seconded by Alderman Howard to approve the
appointments of Jon France for a term to expire 10/24/2009 , Tommy Bond
for a term to expire 10/24/2010, Doug Wilkinson f or a term to expire
10/24/2011 . MOTION CARRIED .
3
RESUME AGENDA:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 20 , 2006
7 :00 P .M. -7:18 P .M.
PARKS & RECREATION : PRESENTATION Coach of the Year Awards
Parks and Recreation Director George Biggs extended appreciation to
Coaches and the various organizations that help with the programs . He
acknowledged their volunteerism to Parks and Recreation . He acknowledged
Chairman Bobby Casteel and Commissioner Curtis Green. He presented the
follow 2005 Coach of the Year awards.
Youth Baseball Coach of the Year
Soccer Coach of the Year
Softball Coach of the Year
Barry Hickingbotham
Tony Buzzitta
Sam Ashanbranner
Director Biggs stated that Mr. Ashanbranner's daughter would be accepting
on his behalf.
Mayor Swaim stated that Mr. Ashanbranner was a strong supporter of the
Parks and Recreation Department , particularly softball, saying that he
wo uld sorely be missed . He offered his appreciation to the family for
the sacrifices made for Mr. Ashanbranner to spend time at the ballparks.
ANNOUNCEMENT{S): Mayor Swaim asked that Council members interested in
attending Municipal League contact his secretary for registration.
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at
approximately 7 :11 p.m.
Respectfully,
~14M .2 ai&q MAYOR TOMMY A M
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:
Fire Department
6 . WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SAN ITATION DEPARTMENT:
,_,12. PARKS & REG. DEPT:
13 . PLANNING COMMISSION:
14. GENERAL:
15. APPOINTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNMENT
May 4 , 2006 7 :00p.m.
a .
b .
c.
Regular City Council Meeting
April 20 , 2006
Regular City Council Meeting
April 6 , 2005
Regular Monthly Report/April
Chief John Vanderhoof
FINAL PLAT: Haskins Commercial
Addition PH II (Mayor Swaim)
7:00 PUBLIC HEARING
ORDINANCE 1278 (#11-06)
Abandoning easement in the
Rebsamen Medical Subdivision
(Mayor Swaim)
ORDINANCE 1279 (#12-06)
Prohibiting removal of artifacts
From historic sites in Jacksonville
(Alderman Howard)
ORDINANCE 1277 (#10=06)
Annexation of property bordering the
south and west City boundaries
commonly known as Lost Creek
SEWER COMMISSION
Reappointment of Jody Urqhart
For a term to expire 4/20/2011
0 ·'~ n2n,.., iJ ;._~ . · . .) I:.
000~.0 .3
CITY OF JACK SONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P .M. - 7 :25 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
Session on May 4 , 2006 at the regular meeting place of the Council .
Alde r man Howard delive r ed the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen : Elliott , Smith , Sansing, Ray , Rinker , Fletcher,
Stroud, Twitty and Howard answered roll call. Mayor Swaim al~o answered
ROLL CALL declaring a quorum . PRES ENT nine (9), ABSENT (1). Alderman Lewis
was absent.
Othe rs present for t he meeting were : City Attorney Robert Bamburg , Deputy
Clerk Kary Jezwinski, City Engineer Jay Whisker , Public Works Director
Jim Oak l ey , Fire Chief John Vanderhoof, Police Ch i e f Robert Baker, Parks
and Recreation Director George Bi ggs, CDBG Director Theresa Watson , Mrs.
Judy Swaim , Mrs. Addie Gibson , Mr. Tommy Dupree, Mr . Tommy Bond , Mr .
Larry Smith, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes o f the regula r City Council meeting of
April 20 , 2006 for approval and/or correction at the next regul arly
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 6 April 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman El liott mo ved , seconded by Alderman Ray to approve the Regular
Monthly Report for April 2006 from the Jacksonvi l le Fire Department, which
reflects a fire loss of $6,000 a n d a savings total of $114 ,000 .
ROLL CALL: Aldermen : Elliott, Smith, Sansing, Ray , Rinker, Fletcher,
Stroud, Twitty and Howard voted AYE . MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION :
GENERAL: a. ORDINANCE 1278 (#11-06) 7 :00p.m. PUBLIC HEARING
AN ORDINANCE ABANDONI NG A PUBLIC RIGHT-OF-WAY ON REAL PROPERTY LOCATED IN
THE REBSAMEN MEDICAL SUBDIVISION 1 JACKSONVILLE 1 ARKANSAS (GENERAL
LOCATION : REAL PROPERTY LOCATED AT THE CORNER OF JOHN HARDEN DRIVE AND
MARSHALL ROAD , JACKSONVILLE, ARKANSAS); AND , FOR OTHER PURPOSES.
1
0D0.2 0 1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7 :00 P .M. -7 :25 P.M .
Mayor Swaim opened the public hearing at approximately 7:02p.m .
Mayor Swaim related that the property is located near the New China
Restaurant . He explained that the owner of the property adjacent to New
China Restaurant purchased lot 1 of the Rebsamen Medical Subdivision,
which is to be included in a shoppi ng center development . He stated that
the easement runs along the lot line and is no t used for utilities.
With no one to speak Mayor Swaim closed the public hearing at
approximately 7 :03p .m .
Alderman Elliott moved , seconded by Al derman Sm i th that Ordinance 1278 be
placed on FIRST READING . ROLL CALL : Alderman Ellio t t , Smith, Sansing ,
Ray , Rinker, Fle t cher , Stroud , Twi t ty and Howard voted AYE. NAY (0)
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1 278.
Al derman Stroud moved , seconded by Alderman Ray that Ordinance 1278 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith, Sansing,
Ray , Rinker , Fletcher , Stroud , Tw i tty and Howard voted AYE . NAY (0).
MOTION CARRIED.
Alderman Smith moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1278 on SECOND READING . ROLL CALL : Alderman Elliott ,
Smith, Sansing , Ray , Rinker , Fle tcher , Stroud , Twitty and Howard voted
AYE . NAY (0). MOTION CARRIED . Whereupon City At t orney Bamburg read the
heading of Ordinance 12 78 .
Alderman Stroud moved , seconded by Al derman Howard to further suspend the
rules and place Ordinance 1278 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott, Sm i th , Sansing, Ray , Rinker, Fletcher, Str oud , Twitty
and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City At torney
Bamburg read the heading of Ordinance 1278 .
Alderman Sansing moved , seconded by Alderman Ray that Ordinance 1 278 be
APPROVED AND ADOPTED. ROLL CALL : Al derman Elliott , Smith , Sansing , Ray ,
Rinker , Fletcher , Stroud, Twitty and Howard voted AYE . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1278 THIS 4th DAY OF MAY 2006.
b. ORDINANCE 1279 (#12-06)
AN ORDINANCE PROHIBITING REMOVAL OF ARTIFACTS AND/OR MEMORABILIA FROM
HISTORIC SITES IN JACKSONVILLE , ARKANSAS ; CREATING JMC §9 .40 ; AND , FOR
OTHER PURPOSES.
Alderman Howa r d related that Ordinance 1279 would allow for signage along
the Reed 's Bridge area prohibiting the use of me t al detectors regarding
the unauthorized remo val of art i facts.
Mayo r Swaim noted tha t the area would inc l ude the length of the
designated battlefie l d.
2
0002 05
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P .M. -7:25 P .M.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1 279 be
placed on FIRST READING. ROLL CALL: Alderman Elliott , Smith, Sansing ,
Ray , Rinker, Fle t cher, Stroud, Twitty and Howard voted AYE. NAY (0)
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1279 .
Alderman Smith moved, seconded by Alderman Ray that Ordinance 12 79 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing ,
Ray, Rinker, Fl e tcher, Stroud, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED .
Al derman Ray moved , seconded by Al de r man Ho ward to suspend the rules and
place Ordinance 1279 on SECOND READING . ROLL CALL: Alderman E lliott ,
Smith , Sansing , Ray , Rinker , Fle tcher , Stroud, Twitty and Howard voted
AYE . NAY (0). MOTION CARRIED. Wh ereupon City Attorney Bamburg read the
headi ng of Ordi n a n ce 1279.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
ru l es and place Ordinance 1279 on THIRD and FINAL READING . ROLL CALL:
Alde r man Elliott , Smi t h , Sansi ng, Ray, Rinker , Fletcher, Stroud, Twitty
and Ho ward voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney
Bamb u rg read the heading of Ord in ance 1279.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1279 be
APPROVED AND ADOPTED . ROLL CALL: Al derman Elliott, Sm i th , Sansing , Ray,
Rinker , Fl etcher , Stroud , Twitty and Howard voted AYE . NAY (0). MOTION!
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1279 THIS 4th DAY OF MAY 2006 .
c . ORDINANCE 1277 (#10-06)
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN REAL PROPERTY'
BORDERING THE SOUTH AND WEST BOUNDARIES OF THE CITY LIMITS OE'
JACKSONVILLE (COMMONLY REFERRED TO AS THE LOST CREEK ESTATES ANNEXATION) ;
DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES .
Mayor Swaim related that the annexation has been approved by the County
Judge .
Alderman Smith moved , seconded by Alderman Howard that Ordinance 1277 be
placed on FIRST READ I NG . ROLL CALL : Alderman E l liott , Smith , Sansing ,
Ray , Rinker, F l etcher , Stroud , Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1277 .
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1277 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott , Smith , Sansing ,
Ray, Rinker, Fletcher , Stroud , Tw i tty and Howard voted AYE. NAY (0).
MOTION CARRIED .
3
00020G
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7 :00 P .M. -7:25 P.M .
Alderman Ray moved, seconded by Alderman Howard to suspend the rules and
place Ordinance 1277 on SECOND READING. ROLL CALL : Alderma n Elliott,
Smith , Sansing , Ray , Rinker , F letcher , Stroud , Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 12 77.
Alderman Smith moved , seconded by Alderman Sansing to furth er suspend the
rules and place Or dinance 1277 on THIRD and FINAL READING . ROLL CALL :
Alderman E ll iott , Smith , Sansing , Ray , Rinker , Fletcher, Stroud , Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney
Bamburg read the heading of Ordinance 1277 .
Alderman Sansing moved , seconded by Alderman Ray that Ordinance 1277 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith, Sansing , Ray,
Rinker , Fletcher , Stroud , Twitty and Howard voted AYE. NAY (0 ). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1277 THIS 4 th DAY OF MAY 2006 .
APPOINTMENT(S): SEWER COMMISSION APPOINTMENT
Alderman Smith moved, seconded by Alderman Howard to approve the
reappointment of Jody Urqhart for a term to expire 4/20/2011. MOTION
CARRIED .
ADDITION TO THE AGENDA :
Mayor Swaim reminded the City Council of the ongoing problems with
condensation issues regarding the Community Center pool roof. He related
that a contractor has removed the insulation in order for a corrosion
expert to inspect the beams and decide if they would need to be r eplaced
before continuing efforts to stop the condensation. He noted that since
the pool is drained and closed , t he contract or has proposed to begin the
work . He stated that the work is expected to take approximately four
weeks , explaining that if the item is delayed the pool would be closed
for a longer period of time. He stated that there is a proposal from
Howell Uti li ties who performed the p reliminary work. He stated that the
last bid was over $400,000 and Howell Utilities offered that if allowed
to begin the project immediately they would complete the project for
$130 ,900 . Mayor Swa i m pointed out that this would be a significant
savings.
City Attorney Bamburg offered to pull together an Ordinance if the City
Council suspends the rules and places the item on the agenda .
Alderman Smith moved , seconded by Alderman Sansing to suspend the rules
and place an ordinance on the agenda to waive competitive bidding for the
repairs to the pool roof at the Community Center.
Mayor Swaim relat ed that the corrosion was not as severe as feared ,
adding that the proposed solution is to drop the ceiling to create an
attic space so that the hot air from the heated pool does not go into the
ce i ling and create condensation. He stated that a sealed acoustic panel
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04 , 2006
7 :00 P .M. - 7 :25 P .M.
has been proposed, which would prevent the water from reaching the panel.
He noted that the air ducts, sprinkler system , and light ing would have to
be dropped below the new ceiling , which wou ld be a considerable amount o f
work invo l ving severa l dif fe rent trades . He then explained the pro cess
for the installation of the material, noting that the material would be
specifically manu f actured for t his job .
At this time MOTION CARRIED.
ORDINANCE 1280 (#13-0 6 )
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS, FOR THE PURPOSE OF REPAIRS AND REHABILITATION TO THE COMMUNITY
CENTER POOL CEILING AREA ; DECLARING AN EMERGENCY ; AND, FOR OTHER
PURPOSES .
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1280 be
placed on FIRST READING. ROLL CALL : Alderman El liott, Smith , Sansing ,
Ray , Rinker , Fletcher , Stroud , Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1 280.
Alderman Ray moved , seconded by Alderman Sansing that Ordi nance 1280 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Smith, Sansing ,
Ray, Rin k er , Fletch er , Stroud , Twitty and Howard voted AYE. NAY (0 ).
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Howard to suspend the rule~;
and place Ordinance 1 280 on SECOND READING . ROLL CALL: Alderman
El l iott , Smith, Sansing , Ray , Rinker , Fletcher , Stroud , Twitty and Howard
voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bambu r9
r e ad the heading of Ordinance 1 280 .
Alderman Stroud moved , seconded by Alderman Ray to further suspend the
rul es and place Ordinance 1280 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott , Smith , Sansing , Ray , Rinker , Fletcher , Stroud, Tw itty
and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordi nance 12 80 .
Alderman Ho ward moved , seconded by Alderman Ray that Ordinance 1280 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith, Sansing, Ray ,
Rinker, Fletcher , Stroud , Twitty and Howard voted AYE. NAY (0). MOTION
CARRIED.
Alderman Elliott moved, seconded by Alderman Smith to attach and approve
the EMERGENCY CLAUSE to ORDINANCE 1280 . ROLL CALL: Alderman Elliott ,.
Smith , Sansing , Ray , Rinker , Fletcher , Stroud, Tw i tty and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1280 THIS 4 th DAY OF MAY 2006 ,
5
CJ0208
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04 , 2006
7 :00 P .M. - 7 :25 P .M.
ANNOUNCEMENT (S) : Mayor Swaim announced that Alderman Lewis has been
released from the hospital and is now at home. He stated that Alderman
Lewis was in good spirits and would welcome visitors.
Mayor Swaim relat ed that the Arkansas Municipa l League meeting wi l l
co nfli ct with the J une 15th schedu l ed City Council meeting , explaining
opt ion s of postpon ing or reschedul ing the mee t ing. He related that t h ere
are five Thursdays in June.
Alderman Howard moved , seconded by Alderman Stroud to move the regularly
scheduled June 15 ~ City Council meeting to June 27 ~ at the same appointed
time . MOTION CARRIED .
Alderman Stroud announced that Parks and Recreation Dire ctor George Biggs
has been appointed to the Governor 's Fitness Council. Mayor Swaim and
the City Council joined in congratulations t o Mr . Biggs .
In response to a question regarding flooding and drainage from Alderman
Fletcher , Public Works Director Jim Oakley related that the area
involving Hwy 161 was reported t o the Arkansas Highway Department two
weeks ago and a State crew was seen at the site. He added tha t h e
reported the same area to the Hi ghway Department again one week later.
Alderman Fletcher noted the hazardous condit i on involving the curv e on
the freeway at the Main Street Overpass, espec i ally during heavy rains.
He sugges t ed additional signage and the possibility of additional guard
railing with reflectors .
Mayor Swaim related that conditions invo l ving the curve were discussed
with the Highway Department following the previous fatal accident , which
was not weather related , but was attributed to speeding . He offered that
while it would be a major t ask to redesign the curve , it would be t he
desire o f the City that the road be made into a six-lane which wou l d
affect t hat curve problem.
Mayor Swaim comp limented the Street De partment , relating that during the
recent heavy rains , there were comp l aints but there was not the same
floodi n g of cars and streets as with other ci ties . He stated that the
most impending prob lem with t he heavy rains is that the Bayou Meto basin
f il ls and backs up causing a problem regarding the ability for water to
leave town .
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at
approx imately 7 :25 p.m .
Respectfully,
6
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
May 18 , 2006 7:00p .m.
1. O PENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Police Department
Animal Control
Engineering Department
6 . WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12 . PARKS & REC. DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS :
16. ANNOUNCEMENTS:
ADJOURNMENT
a .
Regular City Council Meeting
May 4 , 2006
Regular City Council Meeting
April 20, 2005
Regular Monthly Report/April
Chief Robert Baker
Regular Monthly Report/April
Public Works Director Jim Oakley
Regular Monthly Report/April
City Engineer Jay Whisker
ORDINANCE 1281 (#14-06) Increasing
rates of Jacksonville Fire Department
Eme rgency Services (Mayor Swaim)
FINAL PLAT: Graham Settlement
(plat included in packet ) (Mayor Swaim)
b. FINAL PLAT: Northlake Subdivision PH X I
(plat included in packet) (Mayor Swaim)
c. ORDINANCE 1282 (#15-06) Reclassifying
property at 517 Gregory Street (Mayo r Swaim)
a.
b.
RESOLUTION 593 (#6-06) Adopting the
Pulaski County Hazard Mitigation Plan
(Mayor Swaim)
Request authority to purchase property
(Mayor Swaim)
PARKS AND RECREATION COMMISS ION
Appointment of Mary Twitty for a term to e xpire
5/9/2011
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 18, 2006
7 :00 P.M . -7:25 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on May 18 , 2006 at the regular meeting place of the Council .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott , Smith, Sans i ng , Ray, Rinker, Fletcher ,
Stroud , Twitty and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Lewis
was absent .
Othe rs present for the meeting were: City Attorney Robert Bamburg, Deputy
Cl erk Kary Jezwi nski, Fire Chief John Vanderhoof , Police Chief Robert
Baker , Battalion Chief Joe Bratton, Accounts Receivable Nikki Wilmoth,
Parks and Recreation Director George Biggs , CDBG Director Theresa Watson ,
Mr. Tommy Bond , Mrs. Edith Sm ith , Mr. Larry Smith, interested citizens
and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim pres ented the minutes of the regular City Council meeting of
May 4 , 2006 for a pproval and/or correction at the next regularly scheduled
City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Sansing that the minutes of
the Regular City Council Meeting of 20 April 2006 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Howard moved , seconded by Alderman Ray to approve the Regular
Monthly Report for April 2006 . Said report reflects the Total Value of
Reported Stolen Property $89,672 . Total Value of Recovered Sto len Property
$30,725 and Total Report Sales $1 ,310.00.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Howard moved, seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for April 2006 . Said report reflects:
ADOPT I ON/F INES: $657 .00
$ 0 .00
$657.00
CONTRIBUTIONS :
TOTAL:
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Howard moved, seconded by Alderman Ray to approv e the Regular
Monthly Report for April 2006 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
20
9
INSPECTIONS PREFORMED
Building Ins pections 86
HVACR 63
Electrical 98
P lumbi ng 111
1
0.J0210
UNSIGHTLY & UNSANITARY
Grass Letters 249
Property Mowed 22
Trash Letters 61
Trash Removal 2
Property Maint . Le tters 16
Cost for February $1 ,780.13
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 18, 2006
7:00 P.M . - 7 :25 P.M.
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
Demolitions
20
5
0
0
0
ROLL CALL : Aldermen : Elliott, Smith , Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT : ORDINANCE 1281 (#14-06)
AN ORDINANCE INCREASING THE RATES OF THE JACKSONVILLE FIRE DEPARTMENT'S
EMERGENCY SERVICES DIVISION ; AMENDING JMC §8 . 48 .050; AND, FOR OTHER
PURPOSES .
Alderman Elliott moved , seconded by Alderman Smith that Ordinance 1281 bE!
placed on FIRST READING . ROLL CALL: Alderman Elliott, Smith , Sansing,
Ray , Rinker , Fletcher , Stroud , Twi tty and Howard vo ted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1281.
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1281 be
APPROVED on FIRST READING .
Chief Vanderhoof revi ewed an explanation of ambu l ance billing changes
regarding a rate increase, pointing out that Medicare laws have changed
from a schedule 4 billing to a schedule 2 billing . He explained tha t
under the new law supplies and materials cannot be bil led , adding that i~
has been replaced by a standard base rate. He pointed out that the City
has subsidized the ambulance fund for a number of years , which has been
inc reasing every year s ince 1986, at the time of the last rate increase.
He stated that with the current rate increase it is hoped the subsidy ca~
be brought down to a workab l e level .
Discussion ensued and it was noted that it has been 20 years since the
l a st rate increase , Chief Vanderhoof then noted that the City of
Jacksonville remains lower in rates than other cities in the area .
Chief Va nderhoof recognized Battalion Chief Joe Bratton , supervisor of
the EMS Division , Che ryl Erkel wh o is in charge of the financ i al aspect
of the Division and Nikki Wilmoth who handles the b il l i ng and
collections. He noted that Ms. Wilmoth 's collection rate is at 70%, which
is to be commended .
In response to a question posed by Alderman Smith, Chief Vanderhoof
explained that Medicare allows up to $6 . 00 for transpor ti ve miles,
explaining that the rate will now be $5.00 for patient loaded miles from
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 18 , 2006
7 :00 P.M. -7:25 P.M.
the faci l ity to the hospital replacing a previous charge of $2.50. He
added that this is not a large expense because of the close proximity to
Rebsamen Hospital.
ROLL CALL : Alderman Elliott , Smith ,
Stroud , Twitty and Howard voted AYE.
Sansing ,
NAY (0).
Ray, Rinker , Fletcher ,
MOTION CARRIED.
Alderman Smith moved , seconded by Alderman Ray to suspend the rul es and
place Ordinance 1281 on SECOND READING. ROLL CALL : Alderman Elliott,
Smith , Sans i ng, Ray, Rink er , Fletcher , Stroud , Twitty and Howard voted
AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read t h e
heading of Ordinance 1281 .
Alderman Stroud moved , seconded by Alderman Howard t o further suspend the
rules and place Ordinance 1281 on THIRD and FINAL READING . ROLL CALL:
Alderman Elliott , Smith, Sansing , Ray, Rinker, Fletcher , Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1281.
Alderman Sansing moved , seconded by Alderman Ray that Ordinance 1281 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott , Smith , Sansing, Ray,
Rinker , Fletcher , Stroud, Twitty and Howard voted AYE . NAY (0). MOTION
CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1281 THIS 18th DAY OF MAY 2006.
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION : a . FINAL PLAT Graham Settlemen t
Mayor Swaim stated that the subdivision is located at the corner of
Graham and Loop Road . He explained that unfinished improvements have
been bonded.
Al derman Fletcher moved , seconded by Alderman Ray to approv e the Final
Plat of the Graham Settlement Subdivision . MOTION CARRIED.
b . FINAL PLAT Northlake Subdivision PH XI
Mayor Swaim noted that the subdivision is substantially completed, addi ng
that the sidewalks have been bonded .
Alderman Ray moved, seconded by Alderman Howard to approve the Final
Plat of the Northlake Subdivision PH XI. MOTION CARRIED .
3
000212
c. ORDINANCE 1282 (#1 5-06)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1 8 , 2006
7 :00 P .M. -7:25 P .M .
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : 51 7 GREGORY STREET, JACKSONVILLE, ARKANSAS); AMENDING
ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OE'
JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES.
Alderman Smith moved , seconded by Alderman Stroud that Ordinance 1282 be
placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith, Sansing,
Ray, Rinker , Fletcher, Stroud , Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1282.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1282 be
APPROVED on FIRST READING .
With no one in the audience responding to an opportunity to address the
item of business, Mayor Swaim requested roll call .
ROLL CALL : Alderman Elliott, Smith,
St r oud , Twi tty and Howard voted AYE.
Sansing,
NAY (0).
Ray, Rinker , Fletcher ,
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 12 82 on SECOND READING .
Alderman Stroud stated that generally he would not support a
R-1 to R-3, but explained that the developer plans an upscale
with extensive landscaping , which he feels will be beneficial
of Jacksonville.
rezoning of
development
to the City
ROLL CALL: Alderman Elliott, Smith , Sansing, Ray, Rinker ,
Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
City Attorney Bamburg read the heading of Ordinance 1282 .
Fletcher,
Whereupon
Alderman Smith moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 12 82 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott , Smith , Sansing, Ray, Rinker, Fletcher, Stroud , Twitty
and Howard voted AYE . NAY (0). MOTION CARR I ED . Whereupon City Attorney
Bamburg read the heading of Ordinance 1282.
Alde rman Stroud moved, seconded by Alderman Ray that Ordinance 1282 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith , Sansing, Ray,
Rinker , Fletcher , Stroud, Twitty and Howard voted AYE . NAY (0 ). MOTION
CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1282 THIS 18 th DAY OF MAY 2006 .
GENERAL : a . RESOLUTION 5 9 3 (#6-06)
A RESOLUTION ADOPTING THE PULASKI COUNTY HAZARD MITIGATION PLAN ;
EXPRESSING SUPPORT AND APPRECIATION FOR THE PLANNING MEMBERS ; AND , FOR
OTHER PURPOSES .
4
-
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 18, 2006
7:00 P .M. -7:25 P.M.
Alderman Elliott moved , seconded by Alderman Sansing to read Resolution
593. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Resolution 593.
Mayor Swaim noted that the County Hazard Mitigation plan has been long
and arduous, explaining that projects must be listed and detailed in
order to be cons i dered f or funding. He related that efforts go back as
far as when Murice Green was Director of Administration, working with
Chief Vanderhoof on the plan.
Alderman Stroud moved, seconded by Alderman Ray to approve Resolution
593 . MOTION CARRIED .
b. Request authority to purchase property for new library
Mayor Swaim noted ongoing efforts to secure a property locati on for the
new library, announcing that as of yesterday afternoon an offer and
acceptance has been secured regarding two pieces of property . He stated
that prope r ty inc ludes the Texa c o Station on Main Street and the store to
the east of the property, which was formally the tobacco shop , and the
Fishnet Industries. He requested permission from the City Council to
move forward with the purchases of those properties.
Alderman Howard moved , seconded by Alderman Stroud to grant authority to
purchase those properties.
Mayor Swaim answered that t he purchase price was $380 ,000 for both pieces
of property. He then answered tha t one piece of property is
approximately .25 of an acre and the Texaco Station is slightly l ess than
an acre . He noted that there are still negotiations for an additional
piece of propert y t o be added t o the property.
At this time MOTION CARRIED .
Discussion ensued regard i ng the origina l ly design concept for the new
library, which was not met with overall favor and Mayor Swaim stated that
the former design has been scraped. Mayor Swaim explained that securing
a location was instrumental in being able to determine the design of the
building regarding exposure to Main Street, fu rthe r explaini n g that the
new design will be specific to the location and property. He noted that
there is a committee formed to work on the design of the building,
exp ressing his hopes for a more tradi t ional design .
APPOINTMENT(S}: PARKS AND RECREATION COMMISSION
Alderman Smith moved , seconded by Alderman Elliott to approve the
appointment of Mary Twitty for a term to expire 5/9 /2011. MOTION
CARRIED.
ANNOUNCEMENT(S}: Mayor Swaim announced that HOPE CDC an organization
performi ng some revitalization in the Sunnyside Addit ion is hosting a
community outreach and awareness gathering the 10t h of June in Galloway
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 18 , 2006
7:00 P.M . -7:25 P .M .
Park from 11:00 a.m. t o 2 :00 p.m. He encouraged attendance , noting
previous efforts by the City to work for revitalization in the area.
Mayor Swaim announced that Alderman Lewis is horne from the hospital but
was unable to at t end tonight 's City Counci l meeting.
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at:
approximately 7:25p .m .
Respectfully,
6
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
June 1, 2006 7:00p.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 . GENERAL:
14. APPOINTMENTS:
15 . ANNOUNCEMENTS :
ADJOURNMENT
a .
Regular City Council Meeting
May 18 , 2006
Regular City Council Meeting
May 4, 2005
PRESENTATION: Scholarship award
From Waste Management (Mayor Swaim)
b. RESOLUTION 594 (#7 -06) Opposing
Annexation of certain properties into the
City of Sherwood (Mayor Swaim)
c. PRESENTATION: Reed 's Bridge
Battlefield Study (Mayor Swaim)
0J021G
O:JC217
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 1 , 2006
7 :00 P.M. - 7 :18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on June 1 , 2006 at the regular meeting place of the Council .
Alderman Howard delivered the invocation; Neal and Raymond Graham of
Scout Troop 355 led a standing audience in the "Pledge of Allegiance" to
the flag.
ROLL CALL: Aldermen: Elliott , Smith, Sansing, Ray , Rinker, Stroud, Twitty
and Howard answered roll call. Mayor Swaim also answered ROL L CALL
declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Fl etcher arrived
a t approximately 7:03 p .m. a nd Alderman Lewis was absent .
Others present for the meeting were: City Attorney Robert Bamburg , Deputy
Clerk Kary Jezwinski, Fire Chief John Vanderhoof , Police Chief Robert
Baker, Human Resource Director Charlie Brown, City Engineer Jay Whisker,
Public Works Director Jim Oakley, Parks and Recreation Director George
Biggs, CDBG Director Theresa Watson, Mr . Tommy Bond , Mrs . Judy Swaim ,
Mrs . Edith Smith, Mrs . Beverly Elliott , Mr. Larry Smith, interested
citizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeti n g of
May 18, 2006 for approval and/or correct ion at the next regular~y
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 4 May 2006 be APPROVED. MOTION CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL : a. PRESENTATION of Scholarship award from Waste Management
Mayor Swaim recogni zed Mr . George Wheatley of Waste Management and
introduced his wife, Kathy Wheatley.
Mr . Wheatley expressed his pleasure in presenting to the City of
Jacksonville an award for $25 ,000.00 , rela ting that this is the c:th
consecutive year that Waste Management has funded the s c ho l arsh ip
program. He related that this brings the total scholarship offering ·:o
$295 ,000 for the City of Jacksonville and surrounding area .
1
'--
000218
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 1 , 2006
7:00 P .M. -7:18 P .M.
Al derman Stroud , who serves on t he scho l arship Board , s tated t hat the
award has arrived in a time l y f a shion, exp l aining that when the Board met
on May 9 th there was a $12 ,000 ba l ance from 2005 . He then related that
twelve recipients we r e chosen along with an additiona l t we n ty-five
students in hopes that those sch olarships would be f unded for 2006 . He
expressed his and the Board 's appreciation for Waste Management 's
continued support.
Mayor Swaim expressed his app reciation, r e l at i ng that the City of
Jacksonville partners with Waste Management , exp l a i ning that Waste
Man a gement is located in the Jacksonville commun i ty and the City e n joys a
good working relationship with Waste Management.
b. RESOLUTION 594 (#7-06)
A RESOLUTION OPPOSING ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY
OF SHERWOOD , ARKANSAS ; AND, FOR OTHER PURPOSES .
Mayor Swaim stated that Resolution 594 opposes the annexation o f certa i n
properties into the City of She r wood, explain i ng that for specif i c
reasons it is felt t his property should be annexed into the City of
Jacksonville .
Alderman Stroud moved , seconded by Alderman Elliott to read Resolution
594 . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Resolution 594.
Mayor Swaim explained that landowners in the area have proposed being
ann exed into Sherwood , adding t ha t the premise has been t hat Bayou Meto
is the natural boundary between Sherwood and Jacksonv i l l e . He stat e d that
Jacksonville has water rights for the area north and east of Bayou Meto,
further explaining that Jacksonville is requesting that this section not
be considered in t h e total 2 ,000 -acre proposed annexati on i nto Sherwood .
He then e x p l ained that the property borders the City of Jacksonville and
continues to the bac k of the Littl e Rock Air Force Base extending a mile
pass t h e back entrance to the Base . He related that the property is
within the City of Jacksonville 's five -mile planning jurisdiction a nd the
Ci ty has been approving and regulating subdivi s i ons within that area for
a number of years . He noted the only except i on is when She rwood and
Jacksonville 's juri sdictions over l ap , adding that natural bou ndaries have
been used. He stated that Bobbitt Lane has always been used as the
boundary , which is where Jacksonv il le believes the Ci t y limit would
ext end to in the future . He s t ated that g i ven t he petition annexation,
the City would l ike the a nn exat i on t o go no further t han Bayou Meto.
In response to a question posed by Alderman Sm i th , Mayor Swaim answered
that the Pu l aski Co u nty Judge h a s the final authority , explaini ng that a
hear i ng would be held on June 20th regarding the annexat i on request . He
stated that various City of Jacksonvi l le representatives would attend the
meeting .
2
0002 1 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 1 , 2006
7:00 P .M. - 7 :18 P .M.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that the annexation is a request from the property owners before the
Judge to annex into the City of Sherwood . He continued that the City of
Sherwood , to his knowledge , did not solicit the annexation. He stated
that he has visited with Mayor Harmon , expressing that he and Mayor
Harmon work well together , adding that the annexation proposal has not
been before the Sherwood City Council.
Alderman Stroud moved , seconded by Alderman Elliott to approve Resolution.
594 .
Discussion ensued regarding the difficulty for Sherwood to supply
utilities to the area that Jacksonville is requesting not be annexed .
Alderman Fletcher commented that it would seem natural for the area up to
Bayou Meto to be annexed into the City of Jacksonville.
Mayor Swaim announced that the hearing would be h e ld June 20 t h at 10:30
a .m ., adding that the location may be changed to the Quorum Court:
Chambers .
At this time , MOTION CARRIED .
c. PRESENTATION Reed 's Bridge Battlefield Study
Mayor Swaim stated that the presentation has been removed from t he
agenda , explaini ng that the Reed 's Bridge group was unable to procure the
necessary equipment for the presentation.
APPOINTMENT(S):
ANNOUNCEMENT(S): Mayor Swaim reminded the City Council that the next
scheduled City Council meeting will be held June 22, 2006 at the same
appointed time.
Mayor Swaim announced that a video regarding the Ordinance Plant would
air on PBS/AETN, Friday at 6 :30 and again on Sunday . He related that the
Advertising and Promotions Commission partially funded the project.
Mayor Swaim confirmed that the Military Museum is hosting a fundraiser
over the weekend, Saturday beginning at 6 :00 p .m. with a social hour
before the 7 :00 p .m. presentation.
Mayor Swaim then announced that the ADED (Arkansas Department of Economic
Development) would hold its regu lar meeting in Jacksonville , which is to
include a tour of the Little Rock Air Force Base and the Ci ty's
industrial area .
3
O:'jf1?0Q
i v ~i ..-
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 1 , 2006
7:00 P.M. -7:18 P.M .
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:18 p .m .
Respectfully ,
4
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
June 22 , 2006 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
Engineering Department
Animal Control
Fire Department
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9. POLICE DEPARTMENT:
10 . STREET DEPART MENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
14. P LANNING COMMISSION:
14 . GENERAL:
a.
Regular City Council Meeting
June 1, 2006
Regular City Council Meeting
May 18 , 2005
Regular Monthly Report/May
Chief Robert Baker
Regular Monthly Report/May
City Engineer Jay Whisker
Regular Monthly Report/May
Public Works Director Jim Oakley
Regular Monthly Report/May
Chief John Vanderhoof
Request to accept FEMA
SAFER grant (Mayo r Swaim)
(info . available at meeti ng )
FINAL PLAT: O 'Reilly 's Automotive
Subdivision , Lot 1 (Mayor Swaim)
(plat included in packet)
b . ORDINANCE 1284 (#17-06 )
Reclassifying property located at Loop
and Graham Road (Mayor Swa im)
a . ORDINANCE 1283 (#16 -06)
Amending JMC § 6.02 , 6 .04 , 6.08 ,
6.1 0, and 6.12 Anima l Control
Regulations (Mayor Swa im)
CITY OF JACKSONVILLE A G E N D A continued
~June 22 , 2006 7:00 p .m.
GENERAL continued :
15 . APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
b . Request change approval regarding
CDBG project list (Mayor Swaim)
PARK & RECREATION COMMISSION
Appointment of Bobby Altom for a term to
expire 5/9/2011
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7 :00 P .M. -7:44 P.M.
REGULAR CITY COUNCIL MEETI NG -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacksonville , Arkansas met in Regular
Se s s ion on June 22 , 2006 at the regular meeting place of the Council .
Alderman Howard de l iver ed the invocation and Mayor Swaim led a s tanding
audience in the "Pledge of Allegiance" to t he flag.
ROLL CALL : Aldermen: Elliott, Smith , Sansing, Ray, Rinker , Fletcher,
Stroud , Twitty and Howard answered roll cal l . Mayor Swaim also answered
ROLL CALL declaring a quorum . PRESENT eight (8 ), ABSENT (2). Alderman Twitty
was absent.
Others pre sent for the meeting were: City Attorney Robert Bamburg, De puty
Clerk Kary Jezwinski , Finance Director Paul Mushrush , F ire Chief John
Vanderhoof , Po lice Chief Robert Baker, City Engineer Jay Whi sker , Public
Works Director Jim Oakley , Parks and Recreation Dir e ctor Georg e Biggs ,
CDBG Director Theresa Wa tson , Mrs. J udy Swaim , Mrs. Edith Smith, Mr .
Lar ry Dupree, Mr . Larry Ky e, intereste d c itiz e ns and members of the
press.
PRESENTATION OF MINUTES :
Mayo r Swaim presented the mi n ut es o f the regular City Counc il meeting o f
June 1 , 2006 for approval a nd/or correction a t the nex t regularly
scheduled Ci ty Counc i l meet ing .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Stroud that the minutes of thE~
Regular City Council Meeting of 18 May 2006 be APPROVED. MOTION CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderma n Elliott moved, seconded by Alderman Ray to approve the Regula::
Monthly Report fo r May 2006. Said report refle cts the Total Value o:E
Reported Stolen Proper ty $165 ,032 . Total Value of Recov ered Stolen Property
$125 ,336 and Total Repo rt Sales $1,054.00 .
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved , seconded by Alderman Ray to approve the Regu l a~
Monthly Repor t for May 2006. Said report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNS IGHTLY & UNSANITARY
26
13
Grass Lette rs 300
Property Mowed 38
Trash Letters 99
Trash Removal 4
Property Maint. Letters 11
Costs $3,197 .90
INSPECTIONS PREFORMED
Bu ilding Inspections 82
HVACR 45
Electrical 121
Plumbing 92
VEHICLES
Notice of Noncompliance
To wed
CONDEMNATIONS
Structural Maint . Le t ters
Structural Repairs Made
Demolitions
1
27
2
0
0
0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22 , 2006
7:00 P .M. - 7 :44 P .M.
Alderman Elliott moved, seconded by Alderman Ray to approve the Regu l ar
Monthly Animal Control Report for May 2006. Said report reflects:
AD OPT ION /FI NES:
CONTRIBUTIONS :
TOTAL :
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
$816.50
$ 0.00
$816.50
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for May 2006 f rom the Ja cksonvil le Fire De partment , which
reflects a fi re loss of $21 ,1 00 and a savings total of $2 1 8 ,900 .
ROLL CALL: Aldermen: Elliott,
Stroud , and Howard voted AYE .
Smith, Sansing ,
MOTION CARRIED .
Ray , Rinker , Fletcher ,
Mayor Swaim noted that Alderman Twitty
Alderman Lewis' memorial was held today.
would indeed be missed.
was ill , and announced that
He stated that Alderman Lewis
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT : Request to apply for the FEMA SAFER grant
Mayor Swaim related that the City has an opportunity t o app l y for the
SAFER grant . He added that as the City has grown there would be changes
in the Fire Department personnel and the grant will offer the City an
opportunity to save regarding personnel cost for the first four years of
employment .
Alderman Stroud moved , seconde d by Alderman Smith to allow the Fire
Department to apply for the FEMA SAFER grant. MOTION CARRIED .
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION: a. FINAL PLAT O'Reilly Automotive Subdivision ,
Lot 1
Alderman Stroud moved , seconded by Alderman Howard to approve the Final
Plat of the O'Reilly Automotive Subdivision , Lot 1 as recommended by the
Planning Comm i ssion. MOTION CARRIED.
b. ORDINANCE 1284 (#17-06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION : PROPERTY AT Loo p Road AND GRAHAM , JACKSONVILLE ,
ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF
THE CITY OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES .
2
OJC2Z5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22 , 2006
7:00 P.M . - 7 :44 P .M.
City Engineer Whisker explained that the two lots are located north of
Kelley Drive on Loop Road , in between Graham and Kelley, south of Graham
Road . He related that the owner had originally planned to place a mobile
home on the property , adding tha t the property was sold and spli t, now
the ow ne r desires to have site built homes on the property. He stated
that the rezoning would be for site bui lt homes.
Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1 284
be placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith , Sans ing ,
Ray, Rinker , F letche r, Stroud , and Howard voted AYE . NAY (0). MOTION
CARRIED . Whereupon City Attorney Bamburg read Ordinance 1284 .
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 128 4
be APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Smith ,
Sansing, Ray, Rinker , Fletcher, Stroud , and Howard voted AYE. NAY (0).
MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Howard to suspend the rules
and place Ordinance 1284 on SECOND READING . ROLL CALL : Alderman
Elliott, Smith, Sansing, Ray, Rinker, Fletcher , Stroud , and Howard vot ed
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read thE~
heading of Ordinance 1284.
Alderman Sansing moved , seconded by Alderman Ray to further suspend the
rules and place Ordinance 1284 on THIRD and FINAL READING. ROLL CALL :
Alde rman Elliott , Smith, Sansing , Ray, Rinker , Fletcher , St r oud , and
Howard voted AY E . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney
Bamburg read the head ing of Ordinance 1284.
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 128 4 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith , Sansing , Ray,
Rinker, Fletcher , Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1284 THIS 22nd DAY OF JUNE 2006 .
GENERAL : a . ORDINANCE 1 2 83 (#16-06)
AN ORDINANCE CREATING JACKSONVILLE MUNIC I PAL CODE 6.02 ; AMENDING
JACKSONVILLE MUNICIPAL CODE 6 . 04 , 6. 08 , 6 . 10 AND 6. 12 ; AND , FOR OTHER
PURPOSES .
Committee Chairman, Alderman Fletcher asked that City Attorn ey Bamburg
h i ghlight the changes proposed in Ordinance 1283. He thanked the members
of the committee for their volunteer t ime .
Alderman Stroud moved , seconded by Alderman Ray t hat Ordinance 1283 be
placed on FIRST READING . ROLL CALL: Alderman Elliott , Smith , Sansing ,
Ray , Rinker, Fletcher , Stroud , and Howard voted AYE . NAY (0). MOTION
CARRIED . Whereupon City Attorney Bamburg read Ord inance 1 2 83 .
3
00022G
CI TY OF JAC KSONV ILLE
REGULAR CITY COUNCIL MEET ING
JUNE 22 , 2006
7:00 P .M. - 7 :4 4 P.M.
City Attorney Bamburg related that in order to address concerns expressed
by the Committee additional definitions were added in an effort to assist
the Animal Control officers. He stated that different terms were created
for the purpose of controlling the issues of those animals that are
involved in bite cases . He continued that the licensing process has been
strengthened and fees were raised from five dollars for all animals to
five dollars for sterilized animals and thirty dollars for unsterilized
animals. He noted that the biggest changes were in the nature of required
restraints and limitations , adding that there were specific d i rectives
regarding the type of materials or confinement to be observed for those
animals being maintained outside. He further stated that choke collars
are prohibited from being used when an animal is tied in the yard . He
then reviewed section five regarding dangerous and vicious animals. He
exp l ained that under the curre nt ordinance once an animal has been
d eclared vicious there a re additional steps the owner must take in order
to maintain the animal such as additional confinement, muzzling, and
being chained within a fenced yard. He explained that the Ordi nance was
fashioned after other ordinances that have worked well in other
communities , explaining that there are now two designations of dangerous
animal and vicious animal . He related that the current designation for a
vicious animal would be the equivalent of a dangerous animal under the
new ordinance. He stated tha t a dangerous designation would be an animal
invo lved in either one-bite case or in a circumstance where the animal
has expressed some vicious nature toward another animal or individual.
He stated that when an animal is involved in more than one incident ,
there is a declaration of vicious animal and those animals are ban fr om
the City of Jacksonville. He stated that once an animal is declared
vicious there is a specific and short time in which the owner can appeal
the decision. He stated that if the appeal is not successful the owner
is given a very short time period to either remove the animal from the
City or have the anima l euthanized to avoid being further cited. He noted
that any appea l process would be to the Mayor or his desi gna ted
representative. He noted that the appeal time frame for vicious animals
is shorter than the time frame of appeal for dangerous animals. He
explained that once an animal has been declared d angerous the owner has
certain responsibilities in order to keep the animal in Jacksonville . He
then reviewed strengthened provisions f or the maintenance of premises for
animals in pens , and enhancement to the cruelty to animals section to
allow for a greater deference for the Animal Control officers. He noted
that State law has enhanced penalties that are adopted by this Ordinance.
He related that impoundment and reclaiming fees were slightly increased
to cover those costs to the Animal Control Department. He added that
adoption fees covering the cost of sterilization would be paid and an
adoption certificate for sterilization will be forwarded to the
veterinarian. He reviewed the increase in enforcement and penalty
section ranging from $100.00 to $1,000 .00 depending on the nature of t he
violation for a licensed or unlicensed an imal . He then related updates
for t he sections covering livestock, swine , bees and other regulations
not frequently used regarding the keeping and maintaining of those types
of animals.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7 :00 P .M. - 7 :44 P .M.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1283 be
APPROVED on FIRST READING.
Mayor Swaim opened the floor for persons wishing to express opposition to
the Ordinance , being none ; he t hen opened the floor for affirmation of
the Ordinance.
Mr . Larry Kye a Committee member expressed his support for the mandatory
spaying and neutering of an i mals adopted from the shelter as well as
animals running at large. He added that it reduces the license fee for
altered dogs versus unaltered dogs , saying that he feels the Ordinance is
a good step forward f o r the City .
Mayor Swa i m no t ed that the wording of representative should be made
plural, allowing him to appoint one person or more to act in that
capacity .
Alderman Stroud moved, seconded by Alderman Fletcher to AMEND Ordinance
1283 regarding the wording of representative be changed to
representative(s) under vic i ous and dangerous animals . ROLL CALL:
Alderman E lliott , Smith , Sans i ng, Ray , Rinker , Fletcher, Stroud , and
Howard voted AYE . NAY (0). MOTION CARRIED.
Alderman Stroud stated t hat purpose of the Ordinance is to protect the
citizens o f Jacksonville , adding his support . He t h e n expressed hi s
concern that before an anima l is declared vicious it has to bite or
attack anoth er animal or individual. He further expressed concerns for
the increase in popu l ation of pit bulls in Jacksonvi l le as a r esu lt o~
other cities banning pit bulls . He noted a signi fi cant increase in pit
bull b i tes i n the City of Jacksonville accordin g t o Animal Contro l
statistics. He further expressed concern for the nature of bites from pi·:
bu ll s versus o t her animal breeds , saying that the key to the Ordinance
being beneficial is enforcement. He stated that if circumstances do not
improve regarding the pit bull breed he would campaign to have pit bull .3
banned from the City of Jacksonvil l e.
Alderman Fletcher stated that short of a ban on pit bulls this Ordinanc2
was the best alternative. He agreed that time may prove that the
Ordinance will need to be fine tuned to increase its protective nature.
He noted that Animal Con trol has agreed to closely monitor pit b u ll
bites , providing education and being more proactive t han reactive . He
stated that the purpose of the Ordinance was to make pet owners more
responsible.
In response to a question posed by Alderman Rinker , Public Works Director
Jim Oakl ey clarified that a n imals declared dangero u s would have to
sterilized, micro ch ipped and permitted for $100 .00 annually to be
mai n tained in the Ci ty of Jacksonville.
City Attorney Bamburg then clarified that the Ordinance allows Animal
Control to declare an a n ima l da n gerou s that expresses any kin d of
propensity of that nature . He referenced the Ordi nance to clarify that
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22 , 2006
7:00 P.M. -7 :44 P.M .
an animal being declared vicious because of the repercussions i t would
have to bite another animal or individual.
Alderman Rinker relayed an incident involving an attack by a Chow dog and
a 3 -year old child, saying that she feels the Ordinance is a good start
but expressed further caution , leaving the door open for future modifying
legislation .
Alderman Smith stated that the proposed Ordinance is 100 times better
than previous legislation, adding that it is a good place to start. He
stat ed that add i tional legislation could be considered if certain
circumstances show no improvement .
Discussion ensued rega rdi ng the period for monitoring situations and
returning with modificat i ons .
Ms. Amanda Erickson apologized for being tardy, asking if she could
address the City Council regarding her concerns. She rela te d that her
dog had previously been declared vicious by the Animal Control
Department , adding that s he has complied with prior regulations to k eep a
vicious anima l . She furth er explained that under the new Ordinance a
person keeping a dangerous animal would be requ i red to pay an annual f ee
of $1 00.00, which she feels is double pun is hment for those who have
complied with the regulations and have had no other problems. She
acknowledged that prior declare d vi cious animals are reclassified as
dangerous under the new Ordinance and required t o pay t he annual fee. She
asked the City to consider lowering the fee.
It was the consensus of several City Council members not to lowe r the
fee.
ROLL CALL TO APPROVE ON FIRST READING : Alderman Elliott, Smith , Sansing,
Ray , Rinke r , Fletcher, Stroud , an d Howard voted AYE . NAY (0). MOTION
CARRIED.
Alderman Stroud moved , seconded by Alderman Sansing to suspend the r ul es
and place Ordinance 1283 on SECOND READING as amended. ROLL CALL:
Alderman El liott, Sm ith, San sing , Ray , Rinker , F l etcher , Stroud, and
Howard voted AY E. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1283.
Al derman Smith moved, seconded by Alderman Howard to fu r ther suspend the
rules and place Ordinance 1283 on THIRD and FINAL READING as amended .
ROLL CALL: Alderman Elliott , Smith , Sansing , Ray , Rinker, Fletcher,
Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordi nance 1283 .
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1283 be
APPROVED AND ADOPTED as amended. ROLL CALL: Alderman Elliott, Smith ,
Sansing , Ray , Rinker , Fletcher , Stroud , and Howard voted AYE. NAY (0).
MOTION CARRIED.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7 :00 P .M. -7:44 P.M.
Alderman Stroud moved , seconded by Alderman Ray that the EMERGENCY CLAUSE
be approved and adop ted . ROLL CALL: Alderman El liott , Smith , Sansing,
Ray, Rinker, Fletcher, Stroud , and Howard voted AYE . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1283 THIS 22nd DAY OF JUNE 2006.
b . Request change approval regarding CDBG project list
Director Theresa Watson related that in November the City Council
approved a walking trail project for the Towers , e x plaining that since
that time they have experienced pro b lems with their kitchen stove. She
related that because of the age of the stove it could not be repaired;
adding that Mrs . Evans from the Towers has asked i f a stove could be
purchased rather than the walking trail project . She related that the
price of the stove at $3 ,830 .87 wou l d be less than the amount approved
for the walking trail project .
Alderman Elliott moved , seconded by Alderman Howard to approve a changE~
in the 2006 CDBG project list regarding the replacement of a kitchen
stove for the Towers . MOTION CARRIED .
APPOINTMENT(S): PARK AND RECREATION COMMISSION
Alderman Smith moved , seconded by Alderman Elliott to approve th 1 ~
appointment of Mr. Bobby Altom to the Parks & Recreation Commission for <:l
term to expire 5/9/2011.
ANNOUNCEMENT(S): Alderman Fletcher noted t he importance for Rebsa me~
Hospi t al to have a platform to inform the community of new advances
available at their local hospital .
Mayor Swaim concurred that the hospital has purchased innovative
equipment within the last year .
Mayor Swaim announced that the Fourth of July spectacular would be held
Friday June 30th at 8 :00p .m. It was noted that the chi l dren's activities
would begin at 7 :30 p .m.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:44p.m.
~~ MAYOR TO SWAIM
7
City Council Of Jacksonville, Arkansas
AGENDA
0J 02 30
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
6 . WATER DEPARTMENT:
Regular City Council Meeting
July 6, 2006 7:00p.m.
Regular City Council Meeting
June 22 , 2006
Regular City Council Meeting
June 1, 2006
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
ADDITION TO AGENDA:
15. APPOINTMENTS :
16. ANNOUNCEMENTS :
ADJOURNMENT
a .
b.
c.
Request to Accept Bid/Asphalt Overlay
(Mayor Swaim)
Request to appoint Kevin McCleary
to fill the unexpired term of Robert Lewis
(Alderman Ray)
ORDINANCE 1285 (#18-06) Waiving Competitive
Bidding completing repairs to the Community Center
Pool
Request to Increase Petty Cash for Parks and Recreation
HOSPITAL BOARD Appointment of Patrice
Griggs for a term to expire 6/30/2011
ADVERTISING & PROMOTIONS COMMISSION
Reappointment of Ray Patel for a term to
expire 3/31/2009
CIVIL SERVICE COMMISSION
Reappointment of Otis Stewart for a term to
expire 4/31/2012
PARKS & RECREATION COMMISSION
Appointment of Jane Tallent for a term to
expire 5/9/2007
WATER COMMISSION Reappointment of
Jack Danielson for a term to expire 4/20/2014
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 6, 2006
7 :00 P .M. -7:16 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regul ar
Session on July 6 , 2006 at the regular meeting place of t he Council .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in t he "Pledge of Allegiance" t o the flag .
ROLL CALL: Aldermen: Elliott , Smith , Sansing , Ray , Rinker , Fletcher ,
Stroud , Twitty and Howard answered roll call. Mayor Swaim also answe red
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1 ) .
Others pre s ent for the meeting were: City At torney Robert Bamburg , Deputy
Clerk Kary Jezwi nski, Fi nance Director Paul Mushrush , Fire Chief John
Vanderhoof, Human Resource Dire c tor Charlie Brown , Public Works Director
Jim Oakley , Parks and Recreation Director George Biggs , CDB G Director
Theresa Wa t son , Mrs . Edith Smith , Mr. Larry Smith , i nterested citizens
and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
June 22 , 2006 for approva l and/or corr ection 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 thta
Regular City Council Meeti ng of 1 June 2006 be APPROVED . MOTION CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMEN T :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT : Request to accept bid for Asphalt Overlay
Mayor Swaim pointed out as an indi cator of the oil industry , that price
per unit h as risen from $43.00 a ton to $58 .07 for t he lowest bi dder . Ee
noted that the highest bid came in at $73 .00 per ton.
Alderman Elliott moved , seconded by Alderman Smith to accept the lowes t
bid from Cranford Construction for $58 .07 per ton, total bid $226 ,164 .8 4 .
MOTION CARRIED.
SANITATION DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL: Request to appoint Kevin McCleary to fill the unexpired term Qf
Alderman Robert Lewis
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 6 , 2006
7:00 P .M. - 7 :16 P.M.
Alderman Ray stated that Kevin McCleary had previously run for the
Alderman position , which he feels demonstrates Mr . McCleary's interest in
serving the City. He related that Mr . McCleary has shown not only
interest but also effort to be a City Council member . He related that he
felt it proper to ask Mr. McCleary i f he would still be interested in
serving in tha t position. He stated that Mr . McC le ary agreed to t he
nomination.
Alderman Ray moved, seconded by Alderman Howard to appoint Mr. Kevin
McCleary to fill the current unexpired term of Robert Lewis.
In res p onse to a question rega rding Mr. McCleary 's background
information, Mayor Swaim related that Mr . McCleary has served on t he
Board of Adjustment and is presently serving on the Planning Commission .
City Clerk Susan Davitt offered that Mr. McCleary has se rved on the
Planning Commission for ap p rox i mately five years .
Alderman Fletcher noted that as a recent attendee of the P l a nn ing
Commission meeti n gs , he is familiar with Mr . McC l eary, who has done a
good job on the Planning Commission. He requested clarification
regarding the term length being nom i nated and the process .
Ma yor Swaim clarified that the most the City Council could appoint is to
fill the current term , ending December 3 1 , 2006 . He stated that
following that term i t would be necessary for the City Council to appoint
the next four-year term .
City Atto rney Bamburg concurred , explaining that because Alderman Lewis
will be on the Novemb e r general election ballot as an unopposed
candidate , i t will requi re that the City Co un cil appoint to fill that
four-year term . He stated that there is no provision by which to remove
Robert Lewis ' name and have another submitted. He stated that there is a
provision in State statutes for cities of the first class of a larger
size to have an election afte r a year , but added that because of the size
c lassification , Jacksonville is not required to do so and there are no
provisions for Jacksonville to do so . He stated that any person
appointed to the position would be able to succeed thems elves if they
choose to run for the positio n at the appointed t i me of that election . He
reminded the City Council that in 2004 they passed legislation staggering
the terms of the City Council , pointing out that position 1 of each ward
is a four-year term on the next general election ballot .
Discussion ens ued regarding appointing for a f our -year term; Mayor Swaim
noted that the Attorney General's opinion states there is no provision to
hold a special e lection t o fill a vacancy on the City Council . He stated
that by State statute the only method for filling a vacancy on the City
Council is by appointment .
Alderman Howard stated that during the Municipal League meeting he
consulted with Attorney Mark Hayes who conveyed the same information to
him .
2
O.-..Qf"'.r·3 j ' , .,.;,
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 6 , 2006
7:00 P.M . - 7 :16 P .M.
Ci t y Attorney Bamburg clari fied that the only statutory requirement for
anyone being appointed , besides being over 18 years of age , is that the
p e rson reside in the ward he or she is being appointed to.
Mayor Swaim related that he had been contacted by Charles Bolden and
Mari l y n Can on regarding the position, adding that he had als o he ard
ment i o n that Cur tis Green might be interested.
At this time, MOTION CARRIED with Alderman Sansing abstaining.
ADDITION TO THE AGENDA :
Mayor Swa i m related tha t while the p oo l is closed the Parks Department.
has req uested to paint the pool. He noted that it wo u l d not add funds to
t he on-going pool project but would be funded f rom existing budgeted
funds .
Parks and Recreation Director George Biggs noted that the pool is bein9
converted to chlorine , which should be a savings on chemical costs .
Alderman Elliott move d, seconded by Alderman Smith to place OrdinancE~
1285 on the agenda . MOTION CARRIED .
b . ORDINANCE 1285 (#18-06)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE
ARKANSAS , FOR THE PURPOSE OF COMPLETING REPAIRS AND REHABILITATION TO TH!l:
COMMUNITY CENTER POOL ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES.
Al derman S troud moved, seconded by Alderman Howa rd that Ordinance 1285 b'~
placed on FIRST READING. ROLL CALL: Alderman Elliott , Smith , Sansing ,
Ray , Rinker, Fletcher, Stroud , Twitty a nd Howa rd voted AY E . NAY (0).
MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read Ordinance 1285 .
Al d erman Stroud moved, seconded by Al derman Ray that Ordinance 1285 be
APPROVED o n FIRST READING. ROLL CALL : Al derman Elliott , Smith , Sans ing ,
Ray , Rinker , Fletcher , Stroud, Twitty and Howard voted AYE. NA Y (0).
MOTION CARRIED .
Alderman Sm i th moved, seconded by Alderman Sansing to suspend t he rules
a nd place Ordinance 1285 on SECOND READING . ROLL CALL : Alde rman
Ell i ott , Smith, Sansing, Ray, Rinker , Fl e tche r , St r o ud, Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ord inance 1 285 .
Alderman Stroud moved, seconded by Alderman Howard to fur ther suspend the
rules and place Ordinance 128 5 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott , Smith , Sansing , Ray , Rinker, Fletcher , St r oud, Twi tty
and Howard vo ted AYE . NAY (0). MOTION CARRIED. Whereupon Ci ty Attorney
Bamburg read the heading of Ordinance 1 285 .
3
·-
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 6, 2006
7 :00 P .M. - 7 :16 P .M.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 128 5 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Sm ith, Sansing, Ray ,
Rinker , Fletcher, Stroud , Twitty a n d Howard voted AYE. NAY (0). MOTION
CARRIED.
Alderman Ray moved , seconded by Alderman Sans i ng that the EMERGENCY
CLAUSE be attached and approved. ROLL CALL : Alderman El liott , Smith,
Sansing , Ray , Rinker, Fletcher , Stroud , Twitty a n d Howard voted AYE. NAY
( 0) • MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1285 THIS 6th DAY OF JULY 2006.
c . Request to increase petty cash for Parks Department
Mayor Swaim related the request to increase Parks petty cash to $200.00.
Parks and Recreation Director George Biggs related the need to increase
petty cash to keep from having I OU s issued while waiting for
re i mbursement of petty cash funds.
Mayor Swaim stated that the policy is to keep petty cash at a minimum,
noting that the Police Department h as the largest City petty cash at
$400 .00 .
In res p onse to a ques tion posed by Alderman Smith , Finance Director Paul
Mushrush related that the cu r rent amount is $125.00 .
Alderman Elliott move d , seconded by Alderman Howard to place the item of
increasing petty cash funds for the Parks Department on the agenda .
MOTION CARRIED .
Alderman Smith move d , seconded by Alderman Stroud to i ncrease the petty
cas h for Parks De partment from $125.00 to $200 .00 . MOTION CARRIED.
APPOINTMENT(S): HOSPITAL BOARD appointment of Patrice Gr i ggs for a term
to expire 6/30/2011
Alderman Elliott moved , seconded by Alderman Ray to approve the
appointment of Patrice Griggs for a term to expire 6/30/2011 . MOTION
CARRIED.
ADVERTISING & PROMOTIONS COMMISSION reappointment of Ray Pa tel for a term
to expire 3/31/2009
Alderman Stroud moved , seconded by Alderman Smith to approv e the
reappointme nt of Ray Patel for a term to expire 3/31/2009 . MOTION
CARRIED.
CIVIL SERVICE COMMISSION reappoin tme nt of Otis Stewart for a term to
expire 4/31/2012
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 6, 2006
7 :00 P.M. - 7 :16 P.M.
Alderman Smith moved, seconded by Alderman Ray to approve the
reappointment of Otis Stewart for a term to expire 4/31/2012. MOTION
CARRIED .
PARKS & RECREATION COMMISSION appointment of Jane Tallent to fill the
unexpi red term of Bobby Castile to expi r e 5/9/2007
Alderman Howard moved, seconded by Alderman Stroud to approve thE!
appointment of Jane Tallent to fill the unexpired term of Bobby CastilE!
to expire 5/9/2007. MOTION CARRIED .
WATER COMMISSION reappointment of Jack Danielson for a term to exp i re
4/20/2014
Alderman Smith moved, seconded by Alderman Elliott to approve thE!
reappointment of Jack Danielson for a term to expire 4/20/2014 . MOTION
CARRIED.
ANNOUNCEMENT ( S) :
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at:
approximately 7:16p.m .
Respectfully ,
5
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
July 20, 2006 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
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 6 , 2006
Regular City Council Meeting
June 22, 2006
Regular Monthly Report/June
Chief Robert Baker
Regular Monthly Report/June
Chief John Vanderhoof
Regular Monthly Report/June
City Engineer Jay Whisker
Regular Monthly Report/June
Public Works Director Jim Oakley
FINAL PLAT: Lost Creek Estates
(Mayor Swaim) (plat included in packet)
ORDINANCE 1286 (# 19-06)
Exemption from shielded outdoor
lighting act (Mayor Swaim)
b . ORDINANCE 1287 (# 20-06)
Establishing JMC § 10.30
golf cart use (Aldermen Elliott & Smith)
c. RESOLUTION 595 (# 8-06)
Authorizing participation in lnterlocal
agreement regarding County Jail
(Mayor Swaim)
(information included in packet)
Regu lar City Council Meeting A G E N 0 A co ntinued:
July 20, 2006
GENERAL continued :
15. APPO INTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNMENT
d . DISCUSSION: Policies for wrecker service
(Mayor Swa im )
e. Proposal to name Main Street overpass
(Mayor Swaim) (letter included in packet)
0Jn .0 ".:J:.>
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
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 Regu l ar
Session on July 20, 2006 at the regular meeting place of the Council.
Alderman Howard delivered the invocation; and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smith, McCleary, Sansing , Ray, Rinker,
Fletcher, Stroud , Twitty and Howard answered roll call . Mayor Swaim also
answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Mayor
Swaim welcomed new Alderman Kevin McCleary .
Others present for the meeting were : City Attorney Robert Bamburg, Deputy
Clerk Kary J ezwinski , Fire Chief John Vanderhoof, Battalion Chief Joe
Bratton , Police Chief Robert Baker , Human Resource Director Charlie
Brown , City Engineer Jay Whisker , Parks and Recreation Director George
Biggs , CDBG Director Theres a Watson , Mrs. Judy Swaim , Mr . Larry Smith,
interested citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the r egular City Council meeting of
July 6, 2006 for approval and/or correction at the next regularly
scheduled City Counci l meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved , seconded by Alderman Howard that the minutes of the
Regular City Counci l Meeting of 22 June 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Stroud mo ve d , seconded by Alderman Ray to approve the Regular
Monthly Report for June 2006 . Said report reflects the Total Value of
Reported Stolen Property $ 94 ,155 . Total Value of Recover ed Stolen Property
$57,608 and Total Report Sales $1 ,242 .00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular
Monthly Report for June 2006 from the Jacksonville Fire Department, which
reflects a fire loss of $1,000 and a savings total of $54 ,000 .
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Stroud mo ved , seconded by Alderman Ray to approve the Regular
Monthly Report for June 2006. Said report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business License
17
15
INSPECTIONS PREFORMED
Building I nspections
Electrical
Plumbing
HVACR
1
90
81
104
59
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20 , 2006
7:00 P .M. -7 :40 P.M .
UNSIGHTLY & UNSANITARY VEH I CLES
Grass Le tters 182 Notice of Noncomplianc e 15
Property Mowed 56 Towed 2
Trash Le t ter s 85 CONDEMNATIONS
Trash Removal 4 Structural Maint . Letters 0
Proper t y Maint. Letters 6 Structural Repairs Made 0
Costs $3 ,840.95 Dem oli ti ons 0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Stroud moved , seconded by Alderman Ray to approve the Reg u lar
Monthly Anima l Control Report f or June 2006 . Said r eport re f lects:
ADOPTION/FINES:
CON TRIBUTIONS :
TOTAL :
$1 016 .50
$ .00
$1 016 .5 0
In response to a request from Alderman Smith , Public Works Director Jir1
Oakl ey responded that he would provide monthly informa tion regarding the
b re ed of do g involved in bi t e cases .
ROLL CALL: Aldermen : Elliott, Smith, McCleary,
Fletcher, Stroud , Twitty , and Howard voted AYE.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION :
Sansing , Ray , Rinker ,
MOTION CARRIED.
PLANNING COMMISSION : Fin al Plat Lost Creek Estates
Alderman Smith moved , seconded by Alderman Ray to approve the Final Plat
of Lost Creek Estates.
In r esponse to a question posed by Alderman Stroud , City Enginee r Whisker
stated that lot 1 7 has been corrected to ref le c t a 35 ' front yard
setbac k.
GENERAL: a . ORDINANCE 1286 (#19-06)
AN ORDINANCE AUTHOR I ZING THE EXEMPTION OF THE CITY OF JACKSONVILLE,
ARKANSAS , FROM THE SHIELDED OUTDOOR LIGHTING ACT; AND , FOR OTHER
PURPOSES .
Alderman Howard moved , seconded by Alderman Smith t hat Ordinance 1286 be
placed on FIRST READING . ROLL CALL: Alderman El l i ott , Sm ith, McCleary ,
Sansing , Ray , Rinker, Fletcher , Stroud , Twitty and Howard v oted AYE. NP.Y
( 0) . MOTION CARRIE D. Whereupon City Attorney Bamburg read Ordinance
12 86.
2
OJ02 4 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20 , 2006
7 :00 P.M . -7:40 P.M .
Alderman Howard moved , seconded by Alderman Ray t hat Ordinance 1286 be
APPROVED on FIRST READING .
Mayor Swaim explained that a State Statute had been adopted that required
all streetlights to be affixed to prevent upwards illumination. He
related that the purpose of the law was to prevent visibil i ty problems
for stargazing. He stated that the problem is not only the expense
involved with the fixture but there is an additional monthly rate
exp ense . He explained that legislature was subsequently pas sed that
allowed cities to opt out of the State Statute , providing for a
significant cost savings regarding streetlights for the City.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Sansing to suspend the rules
and pl ace Ordinance 1 286 on SECOND READING. ROLL CALL: Alderman
Elliott , Smith , McCleary, Sansing, Ray, Rinker, Fletch er, Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg r ead the heading of Ordinance 1286 .
Alderman Sansing moved , seconded by Alderman Ray to further suspend the
rules and place Ordinance 1286 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott, Smith , McCleary, Sansing , Ray , Rinker, Fletcher ,
Stroud , Twitty and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1 286.
Alderman Stroud moved, seconded by Alderman How ard that Ordinance 1286 be
APPROVED AND ADOPTED .
In response to a question posed by Alderman Fletcher, Mayor Swaim
cl ari fied that a doption of the ordinance would allow the City to opt out
from th is requirement regarding newly established lighting in the City .
Mayor Swaim noted that school districts were not allowed to opt out of
the requirement, adding that un fortunately this wou ld create an extra
burden for the schools . He then stated that deco rati ve lighting is not as
luminous as regular streetli ghts, which are ta ller and spreads
illumination further.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud , Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1286 THIS 20th DAY OF JULY 2 006 .
b . ORDINANCE 1287 (#20-06)
AN ORDINANCE ESTABLISHING JACKSONVILLE MUNICIPAL CODE §1 0 .30 (GOLF CART
USE); AND , FOR OTHER PURPOSES.
Alderman Elliott stated that he and Alderman Smith have been contacted by
several citizens regarding the establishment of regulations for golf cart
3
. . ("', r 1
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J ..... -
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20 , 2006
7:00 P.M. -7 :40 P .M.
use . He related complaints involving children using golf carts on City
streets, outside the purpose of transportation to and from the golf
course . He stated that the ordinance would provide that children under
the age of 16 operating a golf cart must be going to the golf course to
play golf .
Alderman Elliott moved , seconded by Alde rma n Smith that Ordinance 1287 be
placed on FIRST READING. ROLL CALL: Alderman El liott, Smith, McCleary ,
Sansing, Ray , Rinker, Fletcher , Stroud, Twitty and Howard voted AYE. NAY
( 0) . MOTION CARRIED. Whereupon City Attorney Bambu rg read Ordi nance
1287 .
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1287 be
APPROVED on FIRST READING.
Chief Baker noted that the ord i nance did not provide a minimum age for
golf cart use.
Discussion ensued regarding the age of youths practicing golf .
Chief Baker stated that his concerns fo r a nyone under the age of 10
years, noting that the Police Department is prevented from citing anyone
under tha t age .
Mayor Swaim invited comment from members of the audience . He explained
that the issue is more of a safety concern, noting that complaints have
been received regarding youths ope r ating golf carts as general
transportation and exhibiting inappropriate and dangerous instead of golf
course related activities.
Further discussion ensued regarding a reasonable age limit and City
Attorney Bamburg offered that the Police Department can cite anyone over
the age of 10 years , adding that the Ordinance does provide specific
compliance with all traffic laws regardless of age , and that the carts be
driven to the extreme right of any roadway and to yield to any vehicu lar
or pedestrian traffic.
Alderman Elliott supported hav i ng an established minimum age , bearing in
mind that the club does sponsor golf youth programs .
Alderman Twitty noted that some of the prog rams include youth as young as
11 or 12 years of age .
In response to a question posed by Al d e r man Rinker, it was d i scussed that
some children in the Foxwood Subdivision have been observed us ing golf
carts for public transportation and as a p u lling vehicle for skate
boards , being used more as toys than for the intended use .
City Attorney Bamburg clarifi ed that State Statute authorizes cities to
use a golf cart within cer t ain parameters , explai n ing t hat Jacksonville
does not have a golf-cart-use ordinan ce on t he book s.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20 , 2006
7 :00 P.M . -7 :40 P.M .
Alderman Smith pointed out that currently it is unlawful for even older
golfers to use their carts for transportation to and from the golf course
in Foxwood.
Chief Baker stated that his interpretati on of JMC §10.30.030 section A)
that all ows gol f cart use upon private property and/or roadways , on
public st re ets and roadways that surround , are near , or a re a part of a
golf course(s), or within a gated community seems to be in conflict with
State Statute 14 -54 -1410 section (b) which only authorizes use of a golf
cart from on c ity street only from the owner 's place of residence to the
golf course and to return from the golf course to the owner's residence.
City Attorney Bamburg pointed out that streets inside gated communities
within the City of Jacksonville are private roads, adding that including
gated communities allows for expansion of a gated community with a golf
course.
Alderman Ray moved, seconded by Alderman Stroud to amend JMC §10 .30 .030
section B ) to establish the min imum age of 12 years of age to operate a
golf cart to and from the golf course or on pr ivate property or private
roads . ROLL CALL : Alderman Elliott, Smith , McCleary, Sansing , Ray,
Rinker , Fletcher , Stroud, Twitty and Howard voted AYE . NAY (0). MOTION
CARRIED.
Alderman Smith moved , seconded by Alde r man Fletcher t hat Ordinance 1287
be APPROVED on FIRST READING as amended . ROLL CALL : Alderman Elliott,
Smith , McCleary , Sansing , Ray, Rinker , Fletcher , Stroud, Twitty and
Howard voted AYE. NAY (0). MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Howard to suspend the r u les
and place Ordinance 1287 on SECOND READING as amended . ROLL CALL :
Alderman Elliott , Smith , McCleary , Sansing , Ray, Rinker , F l etcher,
Stroud , Twitty a nd Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon
City Attorney Bamburg read the heading of Ordinance 1287 .
Alderman Sansing moved, seconded by Alderman Ray to fur the r suspend the
rules and place Ordinance 1287 on THIRD and FINAL READING as amended .
ROLL CALL : Alderman Elliott, Smith, McCleary, Sansing , Ray, Rinker,
F letcher, Stroud , Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City At t orney Bamburg read the heading of Ordinance 1 287 .
Alderman Smith moved , seconded by Alderman Ray that Ordinance 128 7 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith, McCleary ,
Sansing , Ray , Rinker , Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1287 THIS 20 th DAY OF JULY 2 0 06.
5
c. RESOLUTION 595 (#8-06)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7 :00 P .M. - 7 :40 P.M.
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE , ARKANSAS,
TO EXECUTE AN INTERLOCAL AGREEMENT ON BEHALF OF JACKSONVILLE TO PLACE ON
THE BALLOT THE LEVY OF A SALES AND USE TAX FOR THE PURPOSE OF FUNDING THE
PULASKI COUNTY DETENTION CENTER ; AND, FOR OTHER PURPOSES .
Mayor Swaim related that the Resolution outlines how the money would be
expended if the sales and u s e tax levy passes , adding that it relieves
the municipalities from paying present fees . He stated that it states
that the County is responsible for jail operations, maintenance and
upkeep . He clarified that adoption of Re s o l ution 595 is not an
endo r sement to i ncrease the sales and use tax but list the conditions if
passed that would be required .
Alderman Stroud moved, seconded by Alderman Howard to read Resolution
595 . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o:f
Resolution 595.
Mayor Swaim stated that the vote by the quorum court to place the issue
on the ballot was 9 to 7.
Alderman Fletcher moved , seconded by Alderman Ray to approve Resolution
595 in its entirety. MOTION CARRIED .
d . DISCUSSION of policies for wrecker service
Mayor Swaim stated that issues have arisen regarding response times;
including issues involving the night hours or wreckers not willing to
pul l City tagged vehicles . He asked that the City Council consider
form ing a committee to formulate policies and procedures for operation of
wrecker se rvices i n side t h e City of Jacksonville . He explained that
currently the City works from a rotating list o f wrecker services able to
provide a reasonable response time . He asked that one Alderman from each
Ward make themselves avai lable to serve on the committee .
Alderman Ray volunteered to serve as Chairman for the committee .
It was determined that unless other wi se agreed each Alderman representing
position 1 of each Ward would serve on the committee .
Mayor Swaim asked that members of the wrecker se rvices be encouraged to
j oin the committee.
e. Proposal to name Main Street overpass
Mayor Swaim related a proposal to rename the Main S treet overpass as the
Alderman Robert Lewis overpass , explaining that a recognition c eremo ny
ded i cating the overpass and affixing a plaque wou l d be planned .
Alderman Smith moved, seconded by Alderman Sansing to rename the Ma i n
Street overpass to the Alderman Robert Lewis Overpass . MOTION CARRIED .
6
APPOINTMENT(S):
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20 , 2006
7 :00 P .M. -7:40 P.M .
ANNOUNCEMENT(S): Keep Jacksonville Beautiful
Alderman Stroud related that since the City Council approved paying the
affiliate entry fee last year , Ron Newport was chosen to spearh ead the
program. He stated that Mr. Newport has done a treme ndo us job. He then
stated that a Resolution would need to be adopted to approve a board t o
address litter in the City of Jacksonville.
Mayor Swaim announced that Public Works Director Jim Oakley was se l ected
as the Public Works Director of the Year for the State of Arkansas . He
and the City Council congratulated Mr . Oakley for a well-deserved award .
Mayor Swaim asked for assistance from the press and citizenry to pass the
word that a group of indivi d uals are posting f l yers at residences in
Jacksonville for t h e purpose o f painting house numbers on the curb to
better provide identification for the Po l ice and Fire , explaining that
this is not a City requirement in order to have the Police or Fire
re s pond to a call at that residence. He related that the Police have had
to arrest at leas t one of the individua l s l eaving flyers , noting that
they were not properly permitted to go into t he neighborhoods and leave
flyers . He noted that the charge is $10 . 00 to have numbers painted,
adding that citizens who want the service are we l comed to participate.
He reiterated that while having the number s might make for easier
ide ntification , it is not a requirement . He asked that incident s of
people canvassing n eighborhood s should be reported to the Code
Enforcement Department or the Police Department so proper permitting can
be established .
Mayor Swaim announced that Parks and Recreation would be coming to the
Ci t y Council with an emergency situation involving a compressor, which has
failed and one that is faltering because o f the extra labor .
ADJOURNMEN T: Mayor Swaim without obj e ction adjourned the meeting at
approximately 7 :40 p .m.
Re spectful ly ,
7
City Co uncil Of Jacksonville , Arkansas
AGENDA
1. OPENING PRAYER:
2 . RO LL CALL:
3. PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES :
5 . CONSENT AGENDA:
Regular City Council Meeting
Aug ust 3, 2006 7 :00 p.m.
Regular City Counci l Meeting
July 20 , 2006
Regular City Council Meeting
July 6 , 2006
Animal Control Depa rt ment Regular Monthly Report/July
Pub lic Works Di rector Jim Oakley
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT :
10 . STREET DEPARTMENT:
11. SANITATION DEPARTMENT :
12. PARKS & REC . DEPT:
13. PLANNING COMMISS ION:
14 . GENERAL:
15 . APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
a . ORDINANCE 1288 (# 21-06)
Providing for the creat ion of a
reverse In ternet auction option
to purchase goods and services
(Mayor Swaim)
b. ORDINANCE 1289 (#22-06)
Waiving Competitive Bidd i ng for
purchase of emergency ambu lance
equipment (Aldermen Stroud & Howard )
c . RESOLUTION 596 (#9-06) Authorizing
Mayor & City Clerk to negotiate purchase
of properties for the construction of the
new Jacksonville Public Library
(Mayor Swaim )
d . RESOLUTION 597 (#10-06) Declaring
eminent domain on certain real property
for c onstruction of a new Publ ic Library
(Mayor Swa im)
O'"'n'""';l G ../ .J·._, ("VV "'.;;,.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 3 , 2006
7 :00 P .M. - 7 :18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on August 3 , 2006 at the regular meeting place of the Council .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegianceu to the flag .
ROLL CALL: Aldermen : Ell i ott , Smith , McC l eary , Sansing , Ray , Rinker,
Stroud , Tw itty and Howard answered roll call . Vi ce Mayor Flet cher also
answered RO LL CALL declaring a quorum . PR ESENT ten (10), ABSENT (0 ). Mayor
Swaim was absent due to a death in his family.
Others present for the mee ting were: City Attorney Robert Bamburg , Deputy
Clerk Kary Jezwinski , Finance Director Paul Mushrush, Fire Ch ie f John
Vanderhoof , Police Chief Robert Baker , Public Works Director Jim Oakley ,
Parks and Recreation Direct or Geo r ge Biggs , CDBG Director Theresa Watson ,
Mr. Tommy Dupree , Mr . Larry Smith , interested citizens and members of the
press.
PRESENTATION OF MINUTES :
Vice Mayor Fletcher presented the minutes of the regular City Council
meeting of July 20, 2006 for approval and /or correction at the next
regularly scheduled City Counci l meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Stroud moved, seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 6 July 2006 be APPROVED . MOTION CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT /ANIMAL CONTROL
Alderman Howard moved , seconded by Alderman Ray to approve the Regular
Month ly Animal Control Report for July 2006 . Said report reflects:
ADOPTION/FINES :
CONTRIBUTIONS :
TOTAL :
$2 ,725 .00
$ 20 .00
$2 ,745.00
Alderman Smith complimented Public Works Director Jim Oakley and the
Animal Control Department fo r t he detailed statistical report regarding
bite cases over the past few years , noting that Pit Bull bite cases have
increased continually each year. He stated that the information would
help the Ci t y Council monitor the number of bite cases regarding various
breeds.
ROLL CALL : Aldermen: Elliott,
Twitty, and Howard voted AYE .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
Smith, McCleary,
MOTION CARRIED .
1
Sansing , Ray , Rinker,
--.. / "'J 0 ""'1 (\ '/ ,'1. ·~
J \..J f..w X
SANITATION DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL: ORDINANCE 1 2 88 (#21-06)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 3 , 2006
7 :00 P .M. -7:18 P .M.
AN ORDINANCE PROVIDING FOR CREATION OF JMC §3 .08 .070 ; FOR THE ADOPTION OE'
A REVERSE INTERNET AUCTION OPTION FOR PURCHASE OF GOODS AND SERVICES ;
AND , FOR OTHER PURPOSES.
Finance Di r ecto r Paul Mushrush related that last year the State
Legislature granted municipalities the opportunity to sell goods through
a procedure known as a reverse Int erne t auct i on , explaining that a
reverse Internet a u ction is wh en a vendor low bids to sell. He stated
that the structure meets all purchasing law cri t eria , adding that this
process would widen t h e p ool of ava i l a b l e vendors to c it ies . He
explained that the bid is adve r tised and specifications are sent back by
the vendor in advance of the auc t ion. He noted that prior review o f the
ve n dor speci fi cati ons would clean up the process regarding
disqua lification of vendors not meeting specifications. He related that
one limi t atio n is that the min imum i tem cost has to be an ticipated at
$50 ,000 .00 or mor e . He noted that in some cases S tate cont r act purchases
wo u ld s til l be more cost feasible, such as multi -vehicle pur chases.
Alderman Stroud moved , seconded by Alderman smi t h that Ordinance 1 288 be
placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith , McC lear y ,
Sansing , Ray , Rinker, Fletcher , Stroud , Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Atto rney Bamburg read Ordinanc•::!
1288 .
Alderman Smith moved , seconded by Alde rma n Stroud t hat Ord inance 1 288 be
APPROVED on FIRST READING . ROLL CALL : Alderman E l liott , Smith,
McCleary , Sansing , Ray , Rinker , S troud, Twitty and Howard voted AYE. NAY
( 0) . MOTION CARRIED .
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Ordi nance 1288 on SECOND READING . ROLL CALL : Alde rman Elliott,
Smith , McCleary , Sansing , Ray , Rinker , Stroud , Twitty and Howard voted
AY E . NA Y (0). MOTION CARRIED. Whereupon City Att orney Bamburg read t he
heading of Ordinance 1 288 .
Alde rma n Stroud moved , s e conde d by Alderman Ray to further suspend the
rules and pla ce Ordinance 1288 on THIRD and FINAL READING . ROLL CALL :
Alde rman Elliott , Smith , McCleary , Sansing , Ray , Rinker , Stroud, Twitty
and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamb u rg rea d the heading of Ordinance 1 288.
Alderman Ell i ott moved , seconded by Alderman Smith that Ordinance 1288 be
APPROVED AND ADOPTED. ROLL CALL : Alderman E lliott , Smith , McC l eary ,
Sansing , Ray, Ri nker , Stroud , Tw i t ty and Howard voted AYE . NAY ( 0) .
MOTION CARRIED .
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 3, 2006
7:00 P.M. -7:18 P .M.
Alderman Elliott moved , seconded by Alde r man Stroud that the EMERGENCY
CLAUSE be attached and approved . ROLL CALL : Alderman Ell i ott, Smith,
McCleary , Sansing, Ray, Rinker , Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1288 THIS 3 rd DAY OF AUGUST 2006.
b. ORDINANCE 1289 (#22-06)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE
ARKANSAS , FOR THE PURPOSE OF PURCHASING NEW RESUSCITATION SYSTEMS FOR THE
JACKSONVILLE FIRE DEPARTMENT 'S FIRE AND RESCUE SERVICES; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Stroud related that the present equipment is antiquated being
over 12 years old, adding that the equipment p urchase is partially
budgeted . He further explained a cost savings through sole sourcing the
purchase .
Chief Vanderhoof pointed out that since the technology of the presen t
equipment is obsolete it is not possible to obta i n repair s, explain i ng
that two of the items would be cardiac monitor /de fibrillators , which are
budgeted items into the Capital Equipment fund under EMS . He explained
that after review of all three distributors, the Zoll E-Series was most
chosen among the EMS staff , adding that it is adaptable to the AED's on
each fire truck . He stated t hat they also tested an Auto Pulse,
explaining that it is a new technology, which provides chest
compressions . He stated that Zoll is the only company in the United
States to provide this piece of equipment. He stated that after a tria l
period with the AutoPulse , it is already credited with saving one li fe .
He related that the proposal is to additionally purchase two AutoPulses,
one for each ambulance
Alderman Elliott moved, s econded by Alderman Smith that Ordinance 12 89 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing , Ray, Rinker , Stroud, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1289.
Alderman Stroud moved , seconded by Alderman Smith that Ordinance 1289 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, Smith,
McCl eary , Sansing , Ray , Rinker, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED.
Alderman Smith moved, seconded by Al derman Ray to suspend the ru les and
place Ordinance 1289 on SECOND READING. ROLL CALL : Al derman El liott ,
Smith , McCleary , Sansing, Ray, Rinker, Stroud , Tw i tty and Howard voted
AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg r ead the
heading of Ordinance 1289 .
Alderman Howard moved , seconded by Alderman Stroud to further suspend the
rules and place Ordinance 1289 on THIRD and FINAL READING. ROLL CALL :
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 3 , 2006
7:00 P .M. - 7 :18 P.M.
Alderman Ell i ott , Smith , McCleary , San si n g , Ray , Rinke r, S troud, Twitty
and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney
Bambu r g read the he a ding o f Ordin a nce 12 8 9.
Alderman Stroud move d, seconde d by Al de r ma n Ray t h a t Ordinance 1289 be
APPROVED AND ADOPTED . ROLL CALL : Alderman El l iott , Smith , McCleary ,
Sa nsing , Ray , Rinke r, Fletch er , S t roud , Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
Alderma n Smi th move d , s e con ded b y Alde rman Ray t h at t h e EMERGENCY CLAUSE
b e at t ached and approved . ROLL CALL: Alde rman Elliott , Sm i th , McClear y ,
S ans ing , Ra y, Rink er , Stro u d , Tw itty and Howard vot e d AYE . NAY (0).
MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1289 THIS 3 rct DAY OF AUGUST 2006.
c . RESOLUTION 596 (#9-06)
A RESOLUTION AUTHORIZING AND SUPPORTING THE MAYOR AND CITY CLERK OF THE:
CITY OF JACKSONVILLE , ARKANSAS , IN THEIR EFFORTS TO NEGOTIATE AND EXECUTE!
DOCUMENTS TO PURCHASE PROPERTY FROM CERTAIN LANDOWNERS , MSF , INC. AND B ~i
C RENTAL PROPERTIES , INC . , FOR THE CONSTRUCTION AND DEVELOPMENT OF THE!
NEW JACKSONVILLE PUBLIC LIBRARY FACILITY ; AND , FOR OTHER PURPOSES.
Alderman Smith moved , seconded by Alderman Stroud to read Resolution 59 6
(#9-06). MOTION CARRIED. Whereupon City Attor ney Bamburg read th E~
heading of Resolution 596 (#9-06) .
Alderman Stroud moved , seconded by Alderman Ray to appr ove Resolution 5915
(#9-06) in its entirety . MOTION CARRIED .
d . RESOLUT ION 597 (#10-06)
A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL
PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE , ARKANSAS ,
FOR CONSTRUCTION AND DEVELOPMENT OF A NEW PUBLIC L I BRARY ; AND , FOR OTHER
PURPOSES.
Alderman Ray moved , s econded by Alderman Stroud to read Resolut ion 597
(#10-06). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Resolution 59 7 (#10-06) .
Alderman Stroud mo ved, seconded by Alderman Smith to approve Resolution
597 (#10-06) in its e ntirety. MOTION CARRIED.
APPOINTMENT(S):
ANNOUNCEMENT ( S) :
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 3 , 2006
7:00 P .M. - 7 :18 P.M .
ADJOURNMENT: Vice Mayor Fletcher without objection adjourned the meeting
at approximately 7 :18 p.m .
Respect f ully,
5
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
August 17 , 2006 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
Engineering Department
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLIC E DEPARTMENT:
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13. PLANNING COMMISSION :
14. GENERAL: a.
Regular City Council Meeting
August3 ,2006
Regular City Council Meeting
July 20 , 2006
Regular Monthly Report/July
Fire Chief John Vanderhoof
Regular Monthly Report/July
Police Chief Robert Baker
Regular Monthly Report/July
City Engineer Jay Whisker
FINAL PLAT(S):
a. 520 Marshall Road
b . Forest Oaks PH Ill
c. Base Meadows PH II
d . Stevens Subdivision
(Plats included in packet)
(Mayor Swaim)
PRESENTATION of the 2005 CAFR
(Mayor Swaim) (included in packet)
b . RESOLUTION 598 (#11-06)
Keep Jacksonvi lle Beautiful
(Alderman Stroud)
c. ORDINANCE 1290 (#2 3-06)
Accepting annexation of StoneRidge
Subdivision (Mayor Swaim)
City Council Of Jacksonville , Arkansas
A G E N 0 A continued :
August 17 , 2006
GENERAL continued :
15 . APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
d . Motion to appeal annexation ruling of
certain properties into the C ity of Sherwood
(Alderman Elliott , Smith , McCleary, Sa nsing ,
Ray, Rinker , Fletcher, Stroud , Twitty, and
Howard)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 17 , 2006
7:00 P .M. - 7 :19 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacksonville , Arka ns as met i n Regular
Session on August 17 , 2006 at the regular meeting place of the Co uncil .
Ald e rman Ray delivered the invocation and Acting Vice Ma yor Howard led a
s t and i ng aud i ence in the "Pledg e of Allegiance" to t he f lag.
ROLL CALL: Aldermen : Sm ith, McCleary, Ray , Ri n ker , and Stroud answered roll
ca l l . Ac ti n g Vice Mayor Howard also answered ROLL CALL declaring a quorum .
PRESENT five (5), ABSENT (4). Mayor Swaim, Aldermen Elliott, Sans i ng ,
Fletcher , and Twitty were ab sent . Mayor Swa i m and Al d erman Elliott were
att ending a Municipal Le ague meeting.
Other s pre sent for the meeting we r e : Ci ty Att orney Robert Bamburg , Deputy
Cl er k Kary Jezwinski , Finance Director Paul Mu s hrus h, Finance Manager
Cheryl Erkel , Human Resou r ce Director Ch arlie Brown , F ire Chief John
Vanderhoof , Parks an d Recreation Dir e ctor George Biggs , CDBG Director
There s a Watson, Mr. Gera l d Clark, Mrs . Addie Gib s on , Mr . Larry Smi th, Mr.
Larry Dupree , Mr . Ron Newport , interested citizens and me mb e rs of the
pre ss .
PRESENTATION OF MINUTES:
Acting Vice Mayor Howard presented the minutes of the regular City Coun ci l
meeting of August 3 , 2006 for app roval and/or correction at the next
regularl y s che duled City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Ra y that the minutes of t h E!
Regular City Council Mee t ing of 20 July 2006 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Ray moved , seconded by Alderman Str oud to approve the Regula:c
Mo nthly Report for Ju ly 2006 f rom the Jacksonville Fire Department , which
reflects a f i re l oss o f $190 ,000 and a savi ngs total of $120,000.
REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Str oud to approve the Regular
Monthly Report for July 2006 . Said report reflects the Total Value of
Reported Stolen Property $159 ,050 . Total Value of Recovered Stolen Property
$108 ,309 and Total Report Sales $972.00 .
REGULAR MONTHLY REPORT /ENGINEERING
Alderman Ray moved, se conded by Al derman Str oud to approve the Regular
Mo nthly Report for July 2006. Said report refle c ts:
PERMITS /LICENSE ISSUED
Building Permits
Business Li cense
32
4
INSPECTIONS PREFORMED
Bui ld ing I n spections 79
HVACR 55
Electrical 112
Plumbing 55
1
n J'"' 0 ') e:-, u . h. • ..)-·· ....
UNSIGHTLY & UNSANITARY
Gr ass Letters 305
43
135
7
Letters 3
$2,748.15
Property Mowed
Tr ash Letters
Trash Removal
Property Ma int .
Costs
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 17 , 2006
7:00 P.M. - 7 :19 P .M.
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Stru ctur al Maint . Letters
Structural Re pairs Made
Demolitions
15
2
0
0
0
Alderman Stroud commented that the Keep J acksonville Beautiful committee
had toured the City and had stated that they were impres sed with t he
overa ll appearance o f Ja cks onvi lle . He commended the Beautification
Department for their efforts .
ROLL CALL: Aldermen: Smith, McCleary , Ray, Rinker, and Stroud voted AYE.
MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION : FINAL PLATS a) 520 Marshall Road, b) Forest Oak
PH III, c) Base Meadows PH II, d) Stevens Subdivision
Acting Vice Mayor Howard related that the plat for 520 Marshall Road has
been removed from the agenda .
Ci ty Engineer Whisker related that 520 Marshal l Road had been approved by
the Planning Commis sion with small cha ng e s , explai n ing tha t they did not
complete the changes in time for the City Council to act on fina l
approval. He then related that the p lats for Forest Oak PH III , Base
Meadows PH II , and Stevens Subdivision were approved without sti pulations
by the Planning Commission.
Alderman Stroud moved, seconded by Alderman Ray to approve the Final
Plats of Forest Oak PH III , Base Meadows PH II, and Stevens Subdivision
as recommended by the Planning Commission . MOTION CARRIED .
GENERAL: PRESENTATION OF THE 2005 CAFR
Mr. Gerald Clark of McAlister & Associates, P .A . announced completion of
the audit of the 2005 City finan cial statements , adding that the City has
issued the annual comprehe ns ive fi nancia l repo r t . He offered the
management letter and a highlight of the report , which he briefly
re viewed. He express ed app reciation o n behalf of McAlister & Associates
for the opportunity to perform the 2005 audit . He then stated his
personal appreciation to the F i nance Department for the cooperation in
comp l eti ng this y ear 's audit. He stated that he and Finance De par tment
2
0 r-, (\ 0 t::". -J-1 . . ;j I,.; ,~.,v .
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 17 , 2006
7 :0 0 P .M. -7:19 P .M.
are pleased to present the 2005 Comprehensive Annual Financial Report
(CAFR), expl a ining that the p urpose of the report is to provide detailed
information reflecting the City 's financial condition . He related that
the City is required to unde r go an annual single audit in conformi t y with
the provi sions of the Federal and State Single Au d i t Act , adding that the
report also satisfie s Ar kans as Statutes regarding an annual audit for
municipalities within the S t ate. He stat ed that the CAFR was prepared
under provisions of the Governmental Accounting Standards Board (GASB)
S tat e men t No . 34 , "Basic Fi n anc i al Stat ements and Management's
Discussion and Analysis -for State and Local Governments ." He explained
that the re p ort i s organi zed i n t o f our section s , 1) i n troduc t ion, 2)
fina n c i al , 3) statisti cal, 4) single -audit . He stated that an important
feature of the r e port is Manageme nt 's Discus s ion and Analysis written by
Finance Director Paul Mushrush , add ing that it provides a narrative
introduct i on to , along with an ove r view and an analysis of the basic
financial statements of the City.
He offered a b rie f overv i ew of t he h igh lights of the financial
state ments . He stated that one of t he most importance questions asked
about a city 's finances is "Is t he City as a whole better off or worse
off as a result of the year 's act i vities?" He provided a compar i son of
t he activiti e s for fiscal y e ar 2005 and 2004 , stating that 2005 was a
very good year financially for the City . He related that revenues for
the City 's governmental activities were $20 .3 million in 2005 compared to
$18.6 million in 2004 and expenditure were $16 .2 million in 2005 compared
to $16 .3 in 2004 . He related that total assets of the City exceeded
t otal liability at the close of 2005 by $42 .9 million dolla r s (n et
assets). He stated that net assets increased by $4 .4 mi l lion in 2005,
adding that the Cit y spent $1. 9 million in 2005 for the addition of
capital assets and infrastructure. He stated that 2005 actual revenues
i n t h e General Fund including transfers from other funds were $14 million
compared to budgeted revenues and transfers of $13 .6 million . He stated
that 2005 Gene r al Fund expenditures were $13.1 million and $13 .7 was
budgeted . He stated that at the end of 2005 , the unreserved ,
undes i gnated fund balance of the General Fund was $2 .9 million , or 23% of
tota l gen eral fun d expend i t ure . He stated that this percentage is u p
from 15% at the end of 2004 and 9% at the end of 2003 .
He stated that the auditor's report , which is u nqualified , provides a
statement attesting to the fair presentation of the financial data in
conformity with Generally Accepted Accounting Principles and Government
Accounting Standards . He stated that ther e were no reportable condition~;
on internal control or material instances of noncompliance with laws and
regulations relating to the audit . He added that there were no audit
findings or questioned costs relative to Federal grant award programs for
2005.
He stated that his firm has issued a formal management letter , included
with the annual report, recommending that the City adopt an inves t ment
policy . He stated that the policy is currently being formulated and will
be presented for adoption in the near f u ture .
3
OJ025G
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 17, 2006
7 :00 P.M. -7:19 P .M.
He offered special recognition to the City's Finance Department for their
outstanding efforts in completing this project, again expressing his
firms appreciation to the Ci t y and City Council for the opportunity to
serve as the City 's auditors.
Finance Director Paul Mushrush complimented Mr . Clark regarding the new
format for annual data comp arison. He noted the increase i n Sales Ta xes,
explaining that as a reflection of a full year of the Use Tax portion of
the County Sales Tax. He noted a change in the Operating Grants and
Contributions , acknowledging a contribution to expand City Hall ,
providing for a no cost expansion to the building. He then noted a
$200,913.00 grant for the completion of the Splash Zone and $200,000.00
in anonymous donations for the City library . He stated tha t the City has
struggled to reach the target point of 17% in the General Fund, which
represents 60 days of operational revenue.
Alderman Smith moved, seconded by Ray to accept the 2005 CAFR report as
presented. MOTION CARRIED.
b. RESOLUTION 598 (#11-06)
A RESOLUTION CRATING THE JACKSONVILLE KEEP AMERICA BEAUTIFUL COMMITTEE ,
APPOINTING COMMITTEE MEMBERS; AND FOR OTHER PURPOSES.
Alderman Stroud stated that Jacksonville wou ld be one of only 565 town ,
city , and county affiliates in Keep America Beautiful . He stated that
the benefits to the City would be tremendous , noting that it has taken
approximately 20 months to complete the process . He recognized Mr. Ron
Newport and Public Works Director Jim Oak l ey , saying that their efforts
made Jacksonville 's membership possible .
Alderman Ray moved, seconded by Alderman Stroud to Read Resolution 598.
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Resolution 598.
Alderman Ray moved, seconded by Alderman Stroud to approve Resolution
598 . MOTION CARRIED.
c. ORDINANCE 1290 (#23-06)
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN REAL PROPERTY
INTO THE CITY LIMITS OF JACKSONVILLE (COMMONLY REFERRED TO AS THE
STONERIDGE SUBDIVISION); AND, FOR OTHER PURPOSES.
City Engineer Whisker related that the property consists of 160 acres
west of Jacksonvi lle , 80 acres north and south Jacksonville Cut-Off Road.
City Attorney Bamburg reminded the City Council that the Resolution
consenting to the annexati o n was adopted in May of this year . He then
added that the public hearing was conducted in July .
4
n'"'"'""',..... ..... • • ~! l · J I J <..1 ._ ·' , .• ,. '-' G
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 17 , 2006
7 :00 P .M. -7:19 P .M.
Alderman Smith moved , s econde d by Al de rma n Stroud that Ordinance 1290 be
placed on FIRST READING . ROLL CALL: Alderman Smith, McCleary, Ra y ,
Rinker , a nd Stroud voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read Ordinance 1290 .
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1290 be
APPROVED on FIRST READING . ROLL CALL : Alderma n Smith, McCl eary, Ray,
Rinker , and Stroud, v ote d AYE. NAY (0}. MOTION CARRIED.
Acting Vice Ma yor How ard stated that Ordinance 12 90 would be presented
f or second reading at the r egularly sche duled City Counc il meet ing of
September 7, 2006 .
d . Motion to appeal annexation ruling of certain properties into the
City of Sherwood
City Attorney Bamburg stated that sev eral weeks ago an annexati on h ear ing
was held by Judge Villains, who h as ruled to allow the annexati on outside
ce rt a in property into t h e City of Sherwood. He stated that Jacksonville
h as an opportunity to address an appeal of that r uling to a circuit court
judge, which would be the ne xt step. He stated that at the circuit court
leve l , the re is a legal phrase c a ll e d "trial de novon , which means t h e
case starts over. He related that his recommendation wou l d be that the
City Council gr a nt authority for him to file an appe al , adding that he
feels an appeal has merit.
Alderman Smith moved , seconded by Alderman Stroud to grant City Attorne1r
Bamburg authority to proceed with appeal of annexation of certain
properties into the City of Sherwood. MOTION CARRIED.
APPOINTMENT (S) :
ANNOUNCEMENT(S): Parks and Recreation Direct or George Biggs announced
that the City Pool Party will be held at the Splash Zone tomor row n igh t
from 7:30p.m . to 9 :30 p .m.
ADJOURNMENT: Acting Vice Mayor Howard without objection adjourned the
meeting at approximately 7:19p .m .
Respectful l y ,
5
City Council Of Jacksonville , Arkansas O""ln r"r=-n U r··. '.-" "-'~<..~V
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
6 . WATER DEPARTMENT:
AGENDA
Special City Council Meeting
August 31 , 2006 7 :00 p .m.
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
HOUSING AUTHORITY BOARD
Appointment of John Johnson for a term to expire 2008
Appointment of Marilyn Cannon for a term to expire 2009
Appointment of Jim Durham for a term to expire 2010
Appointment of Mike Wilkinson for a term to expire 2011
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
AUGUST 31 , 2006
5:30 P .M. - 5 :33 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met in Special
Session on August 31 , 2006 at the regular meeting place of the Council .
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegianceu to the flag .
ROLL CALL : Alderme n: Elliott, McCleary, Sansing, Ray, Rinker , Fletcher,
Stroud , Twitty and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum . PRESEN T (9), ABSENT (1). Al derman Smith was
absent .
Others present for the meeting were : CDBG Director Theresa Watson,
interested citizens and members of the press .
PRESENTATION OF MINUTES:
APPROVAL AND/OR CORRECTION OF MINUTES:
CONSENT AGENDA:
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL:
APPOINTMENT(S): HOUSING AUTHORITY BOARD APPOINTMENTS
Mayor Swaim stated that the item of business before the City Council is
to con sider appointments to fil l existing terms on the Housing Authority
Board. He stated that Jon Johnson has been proposed to fill the ter~
expiring in 2008 , Marilyn Cannon for a term t o expire in 2009, Jim Durham
for a term to expire in 2010, and Mike Wilkinson in 2011 .
Alderman Howard moved, seconded by Alderman Ray to approve the
appointments of Jon Johnson for a term to expire 3/17/2008 , Marilyn
Cannon for a term to expire 3/17/2009, Jim Durham for a term to expire
3/17/2010 , and Mike Wilkinson for a term to expire 3/17/2011 . MOTION
CARRIED .
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting a.t
approximately 5 :33 p.m.
Respectfully ,
SWAIM
1
--
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
September 7, 2006 7:00p.m.
Regular City Counci l Meeti ng
August 17 , 2006
Special City Counc il Meeting
August 31, 2006
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
Regular City Council Meeting
August 3 , 2006
5. CONSENT AGENDA:
An imal Control :
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
Regular Monthly Report/August
Public Works Directo r Jim Oakley
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 : Ro pe T ra il
concrete block d itch (Mayor Swaim)
Request to Accept Bid : Compaction
Refuse Truck (Mayor Swaim )
(available at meeting )
b . Request to Accept Bid Recycling Loader
Truck (Mayor Swaim ) (available at meeting )
a .
a .
FINAL PLAT 520 Marshall Road
(plat available at meeting) (Mayor Swai m)
ORDINANCE 1290 (#23-06)
Second Reading
Accepting annexation of StoneRidge
Subdivision (Mayor Swa im )
ORDINANCE 1291 (#24-06 )
Creating JMC § 3.1 0, Adoption
of an City investment policy
(Mayor Swaim)
OJO::Go
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2006
7 :00 P.M . - 7 :18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvil le , Arkansas met in Regular
Session on September 7 , 2006 at the regular meeting place of the Council .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen: Elliott , Smith , McCleary, Sansing, Ray , Rinker,
Fletcher, Stroud, Twitty and Howard answered roll call . Mayor Swaim also
answered ROLL CALL declaring a quorum . PRESENT t en (10), ABSENT (0).
Others present for the meeting were : City Attorney Robert Bamburg , Deputy
Clerk Kary Jezwinski, Finance Director Paul Mu shrush, City Engineer Jay
Whisker Fire Chief John Vanderhoof , Police Ch ief Robert Baker , Public
Works Director Jim Oakley, Parks and Recreation Director George Biggs,
CDBG Director Theresa Watson, Chamber of Commerce Director Bonita Rownd,
Mr . Larry Smith, interested citizens and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting cf
August 17, 2006 and the Special City Council meet i ng of August 31 , 2006
f or approval and/or correction at the next regularly scheduled Cit.y
Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 3 August 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Ray to app rove the Regular
Monthly Animal Control Report for August 2006 . Said report reflects:
ADOPTION/FINES:
CONTRIBUTIONS :
TOTAL :
$2,489 .00
$ 50.00
$2 ,539.00
Alderman S t roud pointed out the increase in animal bites, contributing an
increase in Pit Bull Bites to the overa l l r ise in cases . He offered that
the increase presents a pattern regarding Pit Bulls and u rge d the City
Council to consider further action regarding legislation for P i t Bull:s.
Mayor Swaim directed City Council members desiring to change the n ewly
a d opted animal control ordinance, to formulate any amendment s through
City Attorney Bamburg.
Public Works Director Jim Oakley noted that app roximately one d o ze n
owners of Pit Bu lls surrendered their dogs for euthanas ia following
adoption of the current animal con trol ordinance .
ROLL CALL: Aldermen : Elliott , Smith, McCleary,
Fletcher, Stroud, Twitty , and Howard voted AYE .
1
Sansing , Ray, Rinker,
MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT :
block ditch
a .
OJ02 S 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2006
7:00 P .M. - 7 :18 P .M.
Request to Accept Bid for Rope Trail concrete
In response to a question posed by Al derman Smith , City Enginee r Whisker
stated that he is comfortable with the low bidder.
Alderman Smith moved, seconded by Stroud to accept the low bid of
$132 ,264 .00 from Lyle 's Construction with funds to be drawn from the
Capital Drainage Fund.
In response to a question f rom Alderman Fletcher, City Engineer Whisker
stated that the project would help to alleviate the problem with street
flooding on Rope Trail regarding water flowing between Grazing and
Latigo.
At this time, MOTION CARRIED .
SANITATION DEPARTMENT: a . Request to Accept Bid for Compaction Refuse
Truck and b . Recycling Loader Truck
Mayor Swaim related that the majority of funds to be used to purchase the
equipment are depreciation funds, explaining that when a new vehicle is
purchased for the Sanitation Department it is depreciated out . He stated
that the normal depreciation time is approximately 7 years. He noted
that the recycling truck is 14 years o l d havi ng been purchased in 1992,
adding that it has lasted twice the expected li f e for the vehicle. He
explained that the trucks are properly driven and maintained in order to
extend the life of the larger more expensive vehicles .
Discussion ensued regarding the bidding process and Mayor Swaim related
that the bidding process was conducted through a reverse internet auction
p rocess. He explained the concept of bidders being able to v iew low bids
as they are submitted and the opportunity for that bidder to then lower
his bid to compete for the contract. He further explained that there is
a 2% fee that the bidder has to pay to the internet auction processor ,
adding that the low bidder, in this case , would have to pay the processor
approximately $8,000.00.
Alderman Elliott moved , seconded by Alderman Ray to approve the low bid
from Glover 's Truck Parts & Equipment to purchase two Refuse Trucks total
amount $252,900 .00 and to approve the low bid from Glover's Truck Parts &
Equipment to purchase one Recycling Truck in the amount of $145,500.00.
MOTION CARRIED .
PARKS & RECREATION :
2
OJ0263
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 7 , 2006
7 :00 P.M . -7:18 P .M.
PLANNING COMMISSION : FINAL PLAT at 520 Marshall Road
City Eng in e er Wh iske r explained t h a t the Bible Temp le Baptist Church is
p roposing to expand their building , adding that rathe r than grant a mete s
and bounds building per mi t it wa s thought that the bes t solution wou l d be
for the Church to forma l ly plat the property, providing p r oper rights-of-
way for the Ci ty.
Alderman Howard moved , seconded by Alderman Stroud to approve the Final
Plat of 520 Marshall Road . MOTION CARRIED .
GENERAL : ORDINANCE 1290 (#23-06) SECOND READING
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF REAL PROPERTY INTO
THE CITY LIMITS OF JACKSONVILLE (COMMONLY REFERRED TO AS THE STONERIDGE
SUBDIVISION); AND , FOR OTHER PURPOSES.
Alderman Smith moved , seconded by Alderman Ray to place Ordinance 1290 on
SECOND READING . ROLL CALL : Alderman E lliott , Smith , McCleary , Sansing,
Ray , Rinker , Fletcher, Stroud , Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the h eadi ng of
Ordinance 1 290.
Alderman Ray moved , seconded by Alderman Stroud to further s u spend the:
rules and place Ord i n a n ce 1290 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott , Smith , McCleary , Sansing , Ray, Rinker , Fletcher ,
Stroud , Twitty and Howa r d voted AYE . NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1290 .
Alderman Stroud moved , seconded by Alderman Ray t hat Ordinance 1290 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith , McCle ary ,.
Sansing , Ray , Rinker , F l etcher , Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1290 THIS 7 th DAY OF SEPTEMBE R
2006 .
b . ORDINANCE 1291 (#24-06)
AN ORDINANCE PROVIDING CREATION OF JMC § 3 .10 ; FOR THE ADOPTION OF A~
INVESTMENT POLICY FOR THE CITY OF JACKSONVILLE, ARKAN SAS ; AND, FOR OTHER
PURPOSES .
Mayor Swaim noted that the City currently has an investment policy ,
recognizing Finance Director Paul Mu shrush.
Finance Director Paul Mushrush related that t h e gu i de l ines used by the
City are statutory, addi ng t h at in general the Ci t y has been mo re
conservative than the statutory guidelines. He added that after the last
legislative session there is a broader range of investments that are
available to c i ties . He stated that fol l owing discuss i ons with May or
Swaim a more con se r vative approach h as been agreed on. He explained that
the guidelines have been set to protect against concentration r isk ,
3
0 .,..... 0 ') ('\ ~ ·J J . !'"\ • .... . : ... v-....
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 7 , 2006
7 :00 P.M . -7:18 P.M .
adding that the policy wi ll outline those guideline limits. He related
that this is no different from what has been practiced in the past, but
will now be detailed in a written policy.
In res ponse to a que stio n po sed by Alderman Sm i th , Mr. Mushr ush confirmed
that it was the auditor 's recommendation .
Alderman Fletcher moved, seconded by Alderman S tro ud t hat Ordinance 1291
be placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith , McCleary ,
Sans i ng , Ray , Rinker , Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read Ord inan ce
1291.
Alde rman Stroud moved , seconded b y Alderman Smith that Ordinance 129 1 be
APPROVED on FIRST READING . ROLL CALL : Al de rman Elliott , Smith,
McCleary , Sansing , Ray , Ri nker, Fl etcher , Stroud, Twitty and Howard voted
AYE . NAY (0). MOTION CARRIED .
Alderman Stroud moved , second ed by Alderman Sansing to suspend the rules
and place Or dinance 1 29 1 on SECOND READING . ROLL CALL : Alderman
Elliott , Smith , McCleary , Sansing , Ray, Rinker, F l etche r, S troud , Twitty
a nd Howard voted AY E. NAY (0). MOTION CARRIED . Whereupon City At to rn ey
Bamburg read the heading of Or dinance 1291 .
Alderman F letche r moved , seconded by Alderman Ray to further suspend the
r ul es and place Ordinance 1291 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott, Smith , McCleary , Sansing , Ray, Rinker , Fletcher ,
Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Where up on
City Attor ney Bamburg read t he heading of Ordinance 1291.
Alderman Fletcher mo ved , seconded b y Alderman Stroud that Ord inance 1 291
be APPROVED AND ADOPTED . ROLL CALL : Alderman El l iot t, Smith , McCleary ,
Sansing, Ray , Rinke r , Fletcher, S troud, Twi tty and Howard voted AYE . NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1291 THIS 7th DAY OF SEPTEMBER
2006 .
Mayor Swaim s tated that the City has d one we ll regarding its investment s ,
notin g t hat the Library fund is co l lecting a pproxi mately $62 ,000 in
interest income .
Mr . Mushrush stated that by the time construction begins there should be
a tota l of $2 ,650 ,0 00 plus .
Mayo r Swaim added that a ll necess ary parcels of property f or t he L ibra ry
have been secured and Ci ty Engineer Whisker is preparing a bid f or the
demo li t i on of the existing buildings. He related that he has met with
the Di rector of the L ibrary and the ar chi tect, explaining that t hey are
planning a series of public meet ings with an opportunity to tour some of
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2006
7:00 P.M. - 7 :18 P.M.
the newer libraries in the Central Arkansas System . He encouraged public
input regarding the design of the new Library, adding that the dates of
me etings wou ld be announced , as t h ey a re scheduled.
APPOINTMENT (S) :
ANNOUNCEMENT ( S) :
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at.
approximately 7 :18p.m.
Respectfully ,
~Jw~ ~u SWAIM '{:
5
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
September 21, 2006 7:00 p.m.
Regular City Council Meeting
September 7. 2006
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
Regular City Council Meeting
August 17, 2006
5. CONSENT AGENDA:
Engineering :
Police Department
Fire Department
6. WATER DEPARTMENT:
Regular Monthly Report/August
City Engineer Jay Whisker
Regular Monthly Report/August
Chief Robert Baker
Regular Monthly Report/August
Chief John Vanderhoof
7. WASTEWATER DEPARTMENT:
,.._, 8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION :
--
a.
Request to Accept Bid : Street
Striping (Mayor Swaim)
PRESENTATION: Statistical Data
(Census) by Chamber of Commerce
Director Bonita Rownd (Mayor Swaim)
b . ORDINANCE 1293 (#26-06)
Reclassifying property proposed to be
Woodside Subdivision (Alderman Stroud)
c. FINAL PLAT: Valley Ridge Estates
(Mayor Swaim)
d. FINAL PLAT: StoneRidge Subdivision PH I
(Mayor Swaim)
e. FINAL PLAT: Tract "A" Jacksonville
Shopping Center (Mayor Swaim)
!tJn'i .~~ \.! ·. ;_; <~· v "...J
O'"'O "'f 'l ._,! r ;..., •.J
City Council AGENDA continued:
September 21 , 2006 7:00p.m .
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
ORDINANCE 1292 (#25-06)
Amending JMC § 9 .38 .030
False Alarms (Mayor Swaim)
Wrecker Service Committee Meeting
September 21 , 2006 at 6 :00 p .m .
City Hall Conference Room
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7 :00 P.M . -8 :59 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the Ci t y of Jacksonville, Arkansas met in Regular
Session on September 21 , 2006 at the regular meeting place of the
Council . Alderman Ho ward delivered the invocation and Mayo r Swaim led a
standing audience in the "Pledge of Allegianceu to the flag.
ROLL CALL : Aldermen: Elliott, Smith , McCleary , Sansing , Ray, Fletcher ,
Stroud , Twitty and Howard ans wered roll ca ll . Mayor Swaim also ans wered
ROLL CALL declaring a quorum. PRESENT n i ne (9), ABSENT (1). Alderman Rinker
was out of t own .
Others present for the meet ing were: City Attorney Robert Bamburg , Deputy
Cle r k Kary Jezwi nski, Finance Di rector Paul Mushrush, Ci ty Engineer J a y
Whis ke r , Fire Chief John Vande rhoo f, Battal ion Chief J oe Bratton , P olice
Ch i ef Robert Ba ker , Public Wo r ks Director Jim Oakley , Parks and
Recreation Direct or George Biggs , CDBG Di rector Theresa Watson, Chamber
of Commerce Dire c tor Bonita Rownd , Mr . Larry Smith , Mrs. Judy Swaim, Mrs .
He l en S t ro ud, Mr . Tommy Bond , Mr . Larry Dupree , Mrs . Addie Gibson , Mr .
Lar ry Wil son , Mr. Bobby Lester , Mr . Bi l l Shelley , Mr. Cha d Young , Mrs .
Rut h Sucka , interested citizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the re gular City Co un cil meeting of
September 7, 2006 for approval and/or correction at the next regularly
scheduled City Coun cil 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 August 2006 be APPROVED. MOTION
CARRIED.
DEVIATION IN AGENDA :
Update on Wreck er Service Committee:
Alderman Ray stated t h at a d r aft ordinance was p resented at the last
meeting and it was the consensus of the Comm i ttee to r eview the final
draft at the next scheduled meeting and have that forwarded to the City
Coun cil for consideration at t h eir October 5th regula r ly sch eduled
meeting.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alde rman Elliott moved , seconded by Alderman Ray to app r ove the Regu l ar
Monthly Repor t for August 2006. Sa id report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business License
29
18
INSPECTIONS PREFORMED
Building Inspections 11 5
HVACR 81
Electrical 114
Plumbing 104
1
UNSIGHTLY & UNSANITARY
Grass Letters 387
Property Mowed 37
Trash Letters 1 06
Tras h Removal 5
Proper ty Maint. Letter s 3
Costs $2,009 .71
VEHICLES
No tice o f
Towed
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7:00 P .M. - 8 :59 P.M.
Noncomp liance 20
0
CONDEMNATIONS
Structural Maint. Letters 0
Structural Repa irs Made 0
Demo l iti ons 0
REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve t he Regul ar
Monthly Repo rt fo r August 2006 . Said report r eflects the Tota l Value of
Reported Stolen Property $123 ,672 . Total Value of Recovered Stolen Property
$67 ,1 03 and Total Report S ale s $1 ,060 .00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, s econded by Alderman Ray to approve the Regular
Mon thly Report fo r Au g us t 200 6 f rom the Jacksonville Fi r e Department, which
r eflects a fire loss of $425,000 and a savings tota l of $500 ,000 .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: a. Request to Accept Bid Street Striping
City Engineer Whi s ker stated t hat there is a new pa i nt system for the
street striping, which shou ld produce a higher quality reflectivity at
night a nd du ring ra in . He stated that his recommendat i on is for
Contractor 's Specialty.
Al.derman Smith moved , seconded by Sansing to accept the low bid of'
$28,003 . 85 from Contractor 's Specialty with funds to be drawn from thE!
Street Department Fund . MOTION CARRIED .
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION : a. PRESENTATION Statistical Data (Census}
Mayor Swaim stated that Chamber of Commerc e CEO Boni ta Rownd h ad
requested to present her strategic plannin g report earl ier but wa s unable
to get onto the agenda un til tonight .
Chamb er of Commerce CEO Bonita Rownd related t hat the Chamber Board o :E
Directors began a strategic planning process in June , e x plaining tha t
part of t he process included the computation of demographics for the
City. She continued that the Board felt the information wo u ld be usefu l
to the City Council . She noted that for comparison pu rposes Conway , Pine
Bl uff , North Little Roc k, Hot Springs , Cabot , and Sh erwood were chosen .
She noted that in the population age Jackson vi lle ranked l owest in age 65
plus and second only to Conway for the lowes t age range betwee~
2
O ;~n0't"1Q
l) v i..., '
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7 :00 P .M. - 8 :59 P.M .
SO to 64. She then noted that ~n comparison to the border cities of
Cabot and Sherwood , Jacksonville has a younger population overall . Review
of the education s t atistics revealed that Jacksonville is the lowest
regarding residents that have gradated from College i ncluding statistics
fo r the border ing city comparison . She related that the annual income
level reflects what was seen regarding the education levels, explaining
the difficulty in recruiting enterprise for Jacksonville when the average
household income of $4 7 , 000 is lower than surrounding and bordering
cities . She reviewed the active duty military 2005 LRAFB economic impact
analysis statistics ; citing that there are over 6 ,0 00 people associated
with the Air Base and 5 ,400 of those live off Base. She then related
that of that number , fewer than 3 ,000 active duty members live in the
city limit s of Jacksonville , adding that she feels the data may be
s l ight l y skewed because the estimations a re pulled from the 2000 census
regarding project ed trends . She noted factors regarding the c l osing of
Air Base housing , which might be a f urther shift i n those trends. S h e
stated that cur r ently t h e percentage of population for Jacksonville is
slightly over 12% as opposed to 4% for Cabot a nd slightly under 2% for
Sherwood. She then reviewed ho u sing occupancy , saying that this
component is critical to maintaining a healthy community . She said that
48% o f homes are owned in Jacksonvil l e and over 50% are rental,
explaining that in border comparison Jacksonville has a lower h omeowner
rate and a h i gher rental rate than both Sherwood and Cabot . She stated
that over 20% of the homes in Jacksonvil l e are under $59 ,000 regardi n g
housing values and 40 % are in the $60 ,000 to $99,000 range, while both
bordering cities have fewer homes in those lower value ranges ,
representing a trend in the wrong direction for Jacksonvil l e. She
related that these statistics are ve r y important to the current efforts
to review the Master Plan as pa r t of the overall strategic planning
process . She added t hat the hou sing age is equally important, no ting a
la r ge number of homes in the 17 to 36 and 37 to 56 year range. She then
pointe d out that Jacksonvi lle remains last in the apartment rental rate
category ; clarifying the need for Jacksonvil le to have higher rental rate
apartments and larger homes in orde r to attract higher income clientele,
which would in turn raise the average household i ncome and attract
desired comm ercial businesses. She t hen re viewed the military housing
allowances f or the various ranks of military members and the
repercussions from the military base regarding the lack o f d esired
housing in Jacksonvi lle. She noted the actual number of apartments
currently available in the City as being l ess than 200 tota l, further
explaining that the numbers may be slightly skewed following a fire that
destroyed a wing of apartments located behind the shopping cente r . She
noted that the majority of apartments are two bedroom units wi th only a
few three -bedroom apartme nt s.
Alderman Smith concu r re d , sta t ing that it is mostly understood that
Jacksonville needs to upgrade apartment s and build more houses .
Alderman Sansing stated that it is interesting that while Jacksonville is
52% rental that more r ental un i ts are being proposed .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21 , 2006
7 :00 P .M. - 8 :59 P.M .
Chamber of Commerce CEO Bonita Rownd stated that if Jacksonville
cont i nues as host City for the Base , likely we would continue to carry a
h igher rate of rentals . She added that what is desired is newer
developments that will be the type of housing that military membe r s will
want to live in , which means raising the quality and standards for new
development . She stated that better quality housing, attracts higher
average incomes . She added that while many military members prefer to
purchase homes , many prefer to rent . She stated that she would be
willing to compile data from other military towns for comparison
regarding future growth and planning .
Alderman Twitty questioned if it is true that many of military do not
live in Jacksonville because of the schools rather than the housing,
adding that according to the average income statistics only peop l e f r orr.
other cities would be able to affo rd to live in higher quality
apartments.
Chamber of Commerce CEO Bonita Rownd pointed out that part of
Jacksonville 's goal should be to attract newcomers.
Alderman Fletcher stated that one reason salaries are not h i gher i~;
because of the education available in Jacksonville. He then questi oned
the status of the proposed community college, saying that would help
Jacksonville , along with a s epara te school district. He then noted that
the percentage of older houses could be directly attributed to the houses
in the Sunnyside Addition.
Mayor Swaim stated that the City has collected a nd set aside i ts share , 5
million, fo r the construction of the college. He stated that Congressma~
Snyder , who is on the Armed Services Committee, sponsored legislation to
put the Base funding of 9.8 million into the budget. He stated that it
has passed the House but has not been through the Senate yet . He stated
that if the funding is not approved this year then it would start over
again next year . He then noted that Senator Pryor has stated his support
for the 9.8 million funding for the college .
Alderman Stroud noted that anytime there is over 50% renta l in a City i t
i s not healthy . He added that a lot of the housing in Jacksonville is
substandard, which is currently being worked on but takes time . He
stated that smart planning would be to have upgraded housing .
Chamber of Commerce CEO , Bonita Rownd clarified that from the Chamber 's
strategic process there were six comm i ttees formed t hat studied different
issues within the City and from each of those commi t tees will come action
items that will go into the Chamber 's efforts for the next three years.
She stated that the Chamber strategic plan is reviewed every three year~;.
b. ORDINANCE 1293 (#26-06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANS1~
(GENERAL LOCATION: WOODSIDE SUBDIVISION, ADJACENT TO WESTERN HILJ~S
SUBDIVISION) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE M\P
OF THE CITY OF JACKSONVILLE , ARKANSAS; AND , FOR OTHER PURPOSES.
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CITY OF JAC KSONV ILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21 , 2006
7 :00 P .M . - 8 :59 P.M .
Mayor Swaim stated that the rezoning of the Woodside Subdivision was
appealed to the City Council after being denied by the Planning
Commission.
Alderman Stroud read from a prepared statement for clarification. "In an
effort to create adequate affordable housing for all its citizens ,
Jacksonville planners have tried for many years to induce developers into
addressing an urgent need for condominiums and townhouses inside our City
limits. City Council went so f ar as to adopt zero clearance zoning
authorizing living quarters above businesses to encourage builders and
developers to meet a need that is still un f illed . We were trying to do
something for downtown , and yet we still do not have any takers. For
years, we have withstood the pleadings from a segment of our population.
Why can't we find decent living quarters in Ja cksonv ille without hav ing
to mow grass, they say. Why do we have to go out of town to find
something that is not a full size house o r a dinky little apartment. Why
does somebody not build something tha t we can own without enduring the
added upkeep of a house or having to put up with all the noise generated
by apartment dwellings. Well, fortunately a developer has come to town
who is willing to do just that, although his original idea was to build
apartments and a large number of single -family homes. At the Planning
Commission's urging, he changed the apartments to very nice upscale
townhouses and reduced the number of homes in his subdivision. He did
that on his own to try to appease the Planning Commission.
Unfortunately, a group of citizens seem to have confused the term
townhouses with some much dreaded words that inflame homeowners , words
like apartments , transient , high traffic , entries, crime, noise , lower
property values , drugs , over-crowded schools and so on. They then
mobilized a crowd that persuaded the Planning Commission to deny the
owner 's request for rezoning. Even though the Planning Commission had
previously indicated a willingness to do such. There are a lot of
different ways the owner could, if he desired , to go ahead and develop in
a much more detrimenta l manner that would lower property values to a
great ext ent without rezoning, but none that would meet the critical need
for the type of housing that his proposal would create. There is more at
stake than this single project ; developers seem to believe that
Jacksonville is anti -development. Nothing could be fu rther from the
truth. It is therefore necessary that the City Council take this
grievous step by over ruling the Planning Commission 's decision in this
matter, and thus create housing opportunities heretofore neglected fo r a
portion of our population".
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1293 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Ray,
Stroud , Howard , and Mayor Swaim voted AYE (6). Alderman Smith, Sansing,
Fletcher , and Twitty NAY (4). MOTION CARRIED . Whereupon City Attorney
Bamburg read Ordinance 1293.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1293 be
APPROVED on FIRST READING .
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21 , 2006
7 :00 P .M. -8:59 P .M.
Mayor Swaim stated that since this is an appeal situation, those who have
made the appeal will have the opportunity to address the City Council
first. He related that each side of the issue would be allowed thr ee
speakers.
Mr. Randy Fraser related that he is an attorney representing Cosden-
McClurg, the applicant for the rezoning request . He express appreciation
for the opportunity to present what he and h is client believes is a
quality development f o r this particular location and for the City. He
stated that the application is to rezone from R-0 to R-4 , for 35 upscale
townhouses, which is part of an overall development of approxima t e ly 26
acres including a pond and single-family homes . He stated that joining
him in the appeal is Mr. McClurg , Mr. Tommy Bond as the project engineer
and Mr . Chad Young as the architect. He stated that Mr. Bond is prepared
to answer questions regarding the eng i neering aspects and Mr . Young will
be presenting the archi tectural renderings for the potential development .
He recalled from Ms. Rownd 's presentation that Jacksonville only has 35%
of its housing in the $100 ,000 to $199 ,000 price range , expla ining that
the upscale townhouses are in t he price range of $160,000 and up. He
stated that this is comparable to the surrounding neighborhood . He stated
that under the zoning ordinance these are zero lot-line homes . He stat e d
that legally a zero lot-line is a home that has a common boundary wi th
the neighboring lot owner . He stated that the owner of each townhouse
would have ownership of thei r front and r ear yards, adding that what is
unique is the common wal l between the individual town homes. He r elat e d
that the townhouses are intended for sell and not for rent , adding that
he feels this concept has been misconstrued. He noted t hat some cities
may use the terms patio homes or garden homes, saying it is t he same as
town homes . He stated that the development would have a prope rty owners
association tha t would collect fees for the upkeep , maintenance and.
landscaping. He stated that there i s a strong market not only in
Jacksonville but also in other cities particularly in central Arkansas
for townhouses, where people can move in and have all the amenities of a
single-family home but do not have to worry about yard work or
landscaping , which is taken care of by the property owners association.
He stated that this type of housing appeals to people who do not l ike
yard work , or are elderly and do not want to have to do yard work . He
stated that t h e covenant for this is part of t he bill of assurance and is
filed as a matter of record a l ong with the plat of t he subdivision. He
related that the square footage will be 1500 to 1600 , adding that h e and
his client feels this is a quality development offering a strong impact
on the Community. He stated that he respects those who are present in
opposition, adding that he f eels there will be a lot of comments
regarding streets and traffic considerations . He asked that the City
Council bear in mind that the street development is mandated by t he City ,
wh ich are on the Master Street Plan for West Main Street and Emma Stree t .
He noted that this development would provide for the partia l development;
o f those streets as mandated by the Master Street Plan . He went on to
say that the residential development price range and quality of
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21 , 2006
7:00 P.M . -8:59 P .M.
development would be comparable to the area. He stated t hat this
development would be a benefit to the Community and would not have a
negative effect on the surrounding homeowners.
Alderman Fletcher noted that while Mr. Frase r had pointed out that 35% of
the homes i n Jacksonville are in the $100,000 to $199,000 price range,
most of the $200 ,000 p lu s range is in the surrounding area . He stated
that this would not be an improvement to the area when you consider
putting in a 1400 minimum square foot house next to an area that has 1800
or 2000 minimum. He stated that $160,000 does not impress those
neighboring residents who have mortgages of $200 ,000 and up. He
questioned how the development could be considered upscale when 75% of
the outside will be siding , when most homes in the surrounding
subdivisions are all brick or at least ~ brick. He expressed his
concerns for how the development would look 10 years after completion
with the use of siding on a deve l opment that is suppose to be upscale .
Mr . Fraser stated that the restricted covenant for the property would
require 60% brick. I t was noted that the bill of assurance is a draft .
Alderman Sansing noted that the bill of assurance received by the City
Council cited that the townhouses would be 1200 square feet and 1400 for
the single-family homes. He stated that what was received is not what is
being presented .
Mr. Fras er apologized, clarifyi ng that the bill of assurance was amended
after the original draft following discussions amo ng the Planning
Comm ission and the concerns of neighbors . He stated that he is present
to explain for the re cord that the deve loper is trying to make t h e
development very aesthetically pleasing and a good development for the
City , which includes revisions to what was previously submitted.
He then clarified with Alderman Twitty that none of the townhouses would
be less than 1500 square feet and the minimum for the single-family homes
would be 1600.
Mr . Tommy Bond related that the percentage of brick was modified for the
townhouses to 60%.
Mr . Fraser then answered that the townhouses would have one and two car
garages .
Mr . Bond offered a brief histo ry of how Mr . McClurg settled on this
property fo r d evelopment , adding that the McClurg family has been in the
deve l opment business since 1949 and have built houses , apartments and
condomi n iums over the years . He stated that Tim McClurg married a
military membe r and has been living in the area for approxima tely two
years. He related that the property belongs to the owner and manager of
Wrights Cabin et Shop . He then reiterated that the Planning Commission
denied a request to rezone the property for apartments , but added that at
the meeting the Planning Commission suggested putting in townhouses. He
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7 :00 P.M . -8:59 P.M .
stated that the developer returned with a plan the following month for
townhouses. He then e xplained that they had plan ned for 60 townhouses
and single-family lots, which was modified because of the expense to fill
that large of an area . He e xplained that the plan was changed following
the advertisement , which caused the legal description to be in accurate.
He stated that the legal was reworked for later submittal , adding that at
the meeting there was also some discuss i on regarding when a property
could be reheard for a rezoning . He continued that ultimately that
issued was resolved by a ruling from City Attorney Bamburg . He stated
that when the Planning Commission hosted the second rezoning public
hearing, it too was denied. He stated that they have come in an appeal
of the second rezoning request . He explained that there is 2 6 acres
zoned R-0 and they are proposing to rezone 2.75 acres to R-4 , which is
less than 11% of the total land area, demonstrated on an aerial photo
with the proposed development superimposed. He then demonstrated the
prox i mity o f the development to area subdivisions, Main Street and Emma
Street . He reiterated that as requested by City Engine er Whisker and
according to the Master Street Plan , the development includes ~ width
extension of Main Street and Emma Street . He related t hat designs to
change Main Street are in an effort to improve area traffic in the
futur e. He stated that t h e developer has worked with the City Enginee r
to develop an i ntersection that would prevent traffic from mistakenly
enter i ng onto the dead end street in the deve lopment . He revi e wed
drainage plans including an 8-acre r etention pond , adding that he felt
this would bring improvement in area drainage . He noted that t h e
t o wnhouses would be c ontained in the western peripheral of the property.
He stated that he would be surprised if the townhouses were visible frorrr
the existing Main Street or from the existing homes in Western Hills ,
no ting tha t there are t rees and hills in between those properties . He
stated that Main Street extend ed probably would not happen for many
y ears, not i ng a bridge that would have to be constructed . It was noted
that following the relocation of Main Street the townhouses would be 4J
to SO feet from Main Street at that time. He then noted that th<=
retention pond is planned as a water feature for the development.
In response to a question posed by Alderman Fletcher , i t was noted that
the bridge for West Main is on the list for Federal funding . Mayor Swaim
noted that the road is part of the Master Street Plan. Mr . Bond noted
that the extension of Main Street would come out in t he area of the
proposed Free Will Baptist Church.
Mr . Bond addressed the issues involving the wetlands , rela ting that the
developer has obtained the services of Dr . Gary Tucker, a senior wetlands
scientist , who has viewed the property and recognizes the wetland issue~:.
He s tated the development would have to address those issues in order to
obtain a 404 permit from the District Corp. of Engineers. He stated that
the developer cannot propose a wetland plan until there is a development
plan to begin with . He stated that if a development plan can be
approved , the plan would be taken to the Corp. of Engineers in order to
address wetland issues. He stated that regarding area home values, he
noticed yesterday an 1800 square foot home for sale in Western Hills for
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7:00 P.M. -8:59 P.M .
$169 ,900, which is comparable to the proposed development. He noted that
Bushwood is a higher end area, but then noted that this development would
be ~ mile from Bushwood .
Alderman Twitty noted that most of the h o uses in Bushwood are 3 , 000
square feet.
Alderman Fletcher noted that most of the houses in Western Hills are
almost all brick, while thi s development is proposed to be 60% bri ck .
Mr . Bond clarified that the proposed houses a re 50% brick and the
townhouses are 60% brick .
In response to a question posed by Mayor Swaim , Mr. Bond related that if
the property were developed entirely as R-0 there would be 11 fewe r
families than developed with townhouses. He stated that currently the
plan is for 25 homes and 35 townhouses .
Alderman Fletcher raised concerns for how marketable t he townhouses wo uld
be for ret ired persons, noting that two -story living is generally not
welcome among that group.
Mr. Bond stated that the master bedroom would be on the first floor .
Alderman Twitty stated that from general conversations with older
residents , they are looki ng for nice condominiums that are not located in
a subdivision with single-family houses . She stated that there is a big
difference between condominiums and townhouses.
Mr. Bond stated that it is felt there is a market for this type of home ,
adding that he feels it would attract not only older but also younger
homebuyers. He stated that often times young people with active
lifestyles do not want t he responsibility of outs i de home and yard
maintenance.
Alderman Twitty stated that she did not feel that this development wo ul d
appeal to retir ed residents.
In response to a question posed by Mayor Swa i m, Mr. Chad Young stated
that his firm WD & D Architects were hired last week for the complete
architectural plans of the development.
Mr. Young presented an architectural rendering of a 7-uni t town home ,
zero lot -line single-family homes. He stated that the plan is to create
1500 to 1600 square foot homes to have a unique feel and variation of
size and style so t hat each home will have its own single car or two-car
garage. He stated that some of the single car garages have been combined
to of fer a bigger feel for the unit, explaining that each garage has an
associated entry way and the two end homes have side entrances . He
presented various renderings, noting that town homes have asphalt shingle
roofs , 60% brick with vinyl in the cables . He stated that the two-story
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7:00 P .M. - 8 :59 P .M.
unit has a bay window with a copper roofing. He stated that the design
has been chosen to present the look and feel of the homes in the
neighborhood. He demonstrated the difference between the single-story
and two-story homes.
In response to a question posed by Alderman Fletcher , Mr. Young presented
architectural renderings of the rear view of the town homes from across
the pond , which would be the view from the future Main Street extended
looking back in the direction of Western Hills. He stated that the bac k
of the homes would carry a variation of brick and siding. He noted that
the design is not "cookie cutter " a n d wo u ld have the appearance of
individual homes.
Mr . Young stated that as a former City of Jacksonville P l anning
Commissioner , he feels there is a need f or this type of home in
Jacksonville. He explained that his neighbor was diagnosed with
Parkinson disease and had to move out of his 2500 square foot home to
down size , adding that he was looking f or less yard work. He stated that
his neighbor had to leave Jacksonville to find that type of housing.
Alderman Fletcher stated that he agreed with the need for that type of
housing , but stated that there a r e plenty of other places for that type
of development t hat could be spread out as single -story . He stated his
concerns regarding density for the area. He related that he feels the
situat ion could have bee n better resolved if there had been a mechanism
to provide for better communication between the developer and the area
residents . He said he is encouraged regarding some of the aspects seen
regarding the development , but adde d that the bottom line is that the
City Council is elected to represent their const ituents and these
residents , who are buying the l arger homes that Jacksonville claims it
needs.
Alderman Sansing stated that the City Council needs to give more
consideration to the ex i sting residents be f ore thinking about ci t izens
who have not moved into the area .
Alderman Stroud stated that other communities have these homes , adding
that he feels Cabot, North Little Rock and Sherwood would be proud to
have this . He stated that one of the Planning Commissioners had stated
that Jacksonville needs this type of d eve lopment , just not now and not
here. He stated that if not now, when and if not here, where . He
mentioned ongoing efforts to get more and better housing i n Jacksonvil l e,
saying that a developer has come and "bent over backwards" to provide
what he feels is a great asse t to the City .
Al derman Twitty noted that the townhouses could be bought and rent ed.
It was clarified that the Planning Commission had denied the developer 's
first request for apartments.
Mayor Swaim opened the floor for those wishing to speak i n opposition .
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Mr . Lucien Shockey of 3711 Christy Lane
would be addressing an appeal from the
proposal that was presented tonight .
assurance and drawings has changed.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21 , 2006
7:00 P .M. - 8 :59 P .M.
questioned if the City Council
Planning Commission or the new
He stated that the bi l l of
Mayor Swaim stated that the City Council is addressing an appeal from the
Planning Commission , adding that the presentation is the developer's
attempt to answer questions and concerns from the area residents .
City Attorney Bamburg stated that the appeal is the denial of the
rezoning request from R-0 to R-4, explaining that the plans specifically
do not apply to that denial of rezoning. He added that the plans would
come into play when the preliminary plat is reviewed .
Mr. Shockey stated that 180 homeowners ranging from Western Hills to Tara
Mount and Pennpointe have signed a petition in opposition . He stated
that this proposal and an earlier proposal was turned down by the
Planning Commission, adding that there is a lot of real estate knowledge
on the Planning Commission. He noted concerns for public safety, stating
that currently there are approximately 55 households that access West
Main Street either in the curves or between the curves. He stated that
this proposal would more than double the number that wou ld have to access
West Main. He then pointed o ut that to complicate the situation even
more; currently there is only one school bus stop between the curves,
which is a real issue each morning. He stated that when this was
proposed it was slated that this would appeal to the elderly, but added
that from the demographics shown and Mr. Bond's statement it is probably
going to appeal to young families. He pointed out that young families
tend t o have more cars than elderly families , so there is no way to tell
how many cars wi ll be involved. He stated that there is approximately
1/8 o f a mile from the middle of one curve to the middle of the next
curve, while the proposal will double the amount exiting and entering
into a very congested area without any change in traffic cont rol. He
stated that not only is Main Street a major arterial street; it is a
feeder street for entrance and evacuation from the Air Force Base. He
stated that some of the traffic is going to Sherwood and Little Rock,
explaining that at certain times of the day there is a tremendous amount
of traffic. He stated that City Engineer Whisker was asked at the
Planning Commission meeting when something would be done to alleviate
traffic congestion on West Main; explaining that he started by explaining
the improvements to Graham Road and a few other projects , adding that by
the t ime City Engineer Whisker mentioned West Main Street he could not
venture as to when that would occur . He stated that improvements to West
Ma in are indeterminate wh i le adding to the congestion is in the near
term. He stated that he supports growth for Jacksonville but feels the
area needs to grow with the same type of housing that is currently
featured in West Jacksonville. He stated that most of the residents of
Bushwood came fr om outside of Jacksonville, choosing to live in
Jacksonvill e. He stated that eye appeal is what it takes to get
residents to move to Jacksonvil l e, not 1200 square foot homes. He stated
that if the appeal is approved what incentive does he have to recruit
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7:00 P.M . -8 :59 P .M.
his friends to move to Jacksonville if there is spot rezoning and their
homes could be in jeopardy at anytime. He stated that this development
has been touted as a retirement solution , adding that Bushwood is full of
empty nesters . He related that the demographics state that the
development would be for younger families , adding that unfortunat ely they
would bring lower income than the elderly people that have moved way out
on the salary scale. He stated that he and others p res ent in opposition
have come because of the Master Land Use Plan, that was approved for the
area by the City Council, adding that the residents in good faith moved
to Jacksonville based on the Land Use Plan . He stated that the developer
has stated that his development will not hurt property values , adding
that while that may be true, if it does hurt values, the developer will
not be there to participate in any loss. He stated that they would like
to believe that in corning tonight as tax payers, that the City Council
would not chose to shake the Community 's trust in the comm i tment that
they made to the citizens through the Master Land Use Plan. He stated
t h at the prope rty being proposed for rezoning a l ready has a viab le use as
R-0 , which is far different than having a piece o f property that cannot
be used in its present zoning . He stated that if the rezoning is
approved it would be creating a 3 -acre island in a sea of R-0 . He stated
that if he were on the City Council he would have to ask himself three
quest i ons, first is it right to favor the desire of a very few aga inst
and over the decis i on o f the P l a nn ing Commission and the homeowners
present that have conce rns , add i ng that the next quest i on he would ask
himself is i f I vote for this will t he n ext is land be crea t ed n ext door
to me , and thirdly he would make his fi n al decision on this question , if
good government i s being responsive how is my vote tonight f u lfilling
that principal.
Mrs. Ruby Sucka stated that they own the land adjacent to the proposec
development , saying that t he pond would be next to her land and she is
a fraid that when i t rains her land would flood. She questioned if the
townhouses could be built on the southwest end of the property instead of
the west on her side. She stated that she does not want those buildings
built in the Ci ty of Jackso n ville , adding that if they are built, put
them on the southeast end and not on the end where they live. She then
stated that she is also opposed to the road development , explaining t hat
her husband's fami l y had given up the land f or the sake o f the Country
dur i ng the War. She stated that the family had to l eave everythi ng ,
adding that after we won the War , they bought the property again. She
restated that she does not want the road on her land, adding that she
does not believe that she will ever agree to have the road on their land .
Mr. Chet Schirmer developer of the Bushwood Subdivision; stated that he
would like to address comments made earlier . He stated that he heard
Jacksonvi l le is not friendly to developers , say ing that i s not true a n d
adding that the only reason there has not been more development is the
lack of available land. He s t ated that years ago he had an opportunity
to purchase the land and develop it, adding that t he reason he didn 't i s
because the land is not very valuable and only a smal l portion of it is
developab le . He stated that Jacksonville would not be at a loss if
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMB ER 21 , 2006
7 :00 P.M . - 8 :59 P .M.
nothing is built there for years to come, adding that he agrees with Mr.
Shockey that there is a traffic problem. He stated that until traffic
concerns are addressed , the City should leave the property alone.
Alderman Elliott stated that he has heard a l ot of comments, noting the
difficu l ty o f the decision before the City Council . He stated that he
has spoken with many of the residents, adding t ha t both sides have good
points . He stated that the City Council is charged with making the best
decision for the growth and development o f Jacksonville, adding that is
not always the easiest thing to do. He stated that the City Council has
to consider what is best overall for the City , remembering that the same
rea ction came from the Community when Wal -Mar t was developed. He stated
that if the City accepts status quo, Jacksonville would continue to go
stagnate. He stated that the City needs different types of housi ng. He
then noted that trends in planning are moving towards mixed use and
t rans ition implementing. He noted that the development is a single-
family subdivision. He stated that while traffic is a big concern,
traffic is a part of growth wherever it happens and will have to be
addressed as it happens .
Alderman Sansing stated that he has had some experience with ze ro lot-
line homes in his neighborhood , saying that single-story duplexes were
built. He stated that they were supposed to be nice starter homes for
young couples , adding that if you check police repo rts for Ruth Ann
Street they are mostly rental and they have a lot of problems . He stated
that they are zero lot-line duplexes. He stated that on Oneida Street in
North Lake there was a development plan for townhouses , which were
suppose to be for sale not rent, but only units 8 through 14 were built
and they are rented by t he Peacock Company . ·He stated that in his
opinion that Jacksonville is not ready for townhouse development. He
stated that this is two examples of where they failed and were turned
into rental un its .
City Atto rney Bamburg clarified that the Land Use Plan is adopted with
the concept of setting up uses for property . Residential, Commercial,
Industrial , and Agricultural. He stated that the Land Use Plan would not
have to be modified to go f rom R-0 to R-4, because R-4 remains in the
class ification of residential.
ROLL CALL : Alderman Elliott, McCleary , Ray , Stroud , Howard, Mayor Swaim
voted AYE (6). Alderman Smith, Sansing, Fletcher, Twitty NAY (4).
MOTION CARRI ED .
FIRST READING FOR ORDINANCE 1293 APPROVED THIS 21ST DAY OF SEPTEMBER 2006 .
Mayor Swaim stated that Ordinance 1293 would be presented at the next
regularly scheduled City Council meeting of October 5, 2006 for Second
Read ing.
c . FINAL PLAT Valley Ridge Estates
City Engineer Whisker stated that the Subdivis ion is located in the
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21 , 2006
7 :00 P .M. - 8 :59 P .M.
County and has already been approved and signed by the County
Admini strator . He noted that the Subdivision is located within the AICUZ
zone , adding that the bill of assurance has adopted all regulation for
the AICUZ zone.
Alderman Ray moved , seconded by Alderman Strou d to accept the Final Plat
of Valley Ridge Estate s as presented . MOTION CARRIED .
d . FINAL PLAT StoneRi dge Subdivision PH I
City Engineer Whisker related that the 160-acre Subdivision had recently
been annexed and this is the first phase consisting of 30 homes. He
noted that the first phase is directly to the west of Pennpo i nte. He
stated that all improvements have been completed.
Alderman Smith moved, secon ded by Alderman McCleary to approve the Final
P lat of StoneRidge Subdiv ision PH I as presented . MOTION CARRIED .
e . FINAL PLAT Tract "A" Jacksonville Shopping Center
City Engineer Whisker related that this consists of on e lot east of
McDonalds off Main Street along the Shopping Center . He stated that thE!
property has water and sewer , adding that a bond has been posted for
sidewalk improvements . He then ans wered tha t the property would be
developed for a new business.
Alderman Ray moved, seconded by Alderman Stroud to approve the Final Pla1:
Tract "A" Jackson ville Shopping Center . MOTION CARRIED .
GENERAL : ORDINANCE 1 2 92 (#25-06)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 9 . 38.030 (FALS I~
ALARMS -NUISANCE); AND, FOR OTHER PURPOSES .
Alderman Elliott stated that the ordinance will make provisions regarding
false alarms for businesses that are having a l arm systems repaired.
City Attorney Bamburg stated that the only mod i fication was to add a
provision under false alarms exempting ci rcumstances where alar1n
equipment has malfunct i on during i nstallation or service rehab. He noted
that the provision requires verification from the alarm service company
in order for it to be classified as exempt from false alarm provisions.
He stated that essentiall y it grants the Police Department additional
discretion in order to make a false alarm determination.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1292 be
placed on F I RST READING .
Mayor Swa i m requested confirmation regarding alarm companies providing
verification of malfunction regarding a false alarm.
ROLL CALL : Alderman Elliott , Smith , McCleary,
Stroud, Twitty and Howard voted AYE. NAY (0).
City Attorney Bamburg read Ordinance 1292.
14
Sansing, Ray , Fletcher ,
MOTION CARRIED. Whereupon
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7 :00 P .M . -8 :59 P .M.
Discussion ensued regarding additional considerations from the Ci ty
Council.
Chief Baker quest i oned if i n the case of multiple false alarms, could the
business owner be contacted to investigate the false alarm wi th the
assistance of the Police . He stated that the frustration for the Po lice
Department is that if allowe d to persist for up to a 30 -day period, it
becomes a waste of time for the Police Department. He noted that was the
intent of the first ordinance to prevent the Police Department from
wast i ng time on false alarms. He stated that since passing the first
false alarm ordinance there has been a reduction of 2.9% in residential
alarms and 10 .2% for businesses. He suggested that the 30-day period of
time seem to be too lengthy.
Mayor Swaim questioned how the Police wou ld be able to determine if the
malfunctioning alarm , wi thin a 30-day period, is a single or multiple
repair event.
Chief Baker stated that generally what is determined in false alarm
situations is that it is either a door that is not functioning properly,
or an alarm system that is not installed corrected , or an alarm that is
going out of sequence with the system. He explained that his only
concern would be the 30 -day wait period.
City Attorney Bamburg clarified that the 30-day period was part of the
original false alarm ordinance and was not part of the amending
ordinance.
A brief discussion ensued regarding circumstances of false alarms, City
Atto rney Bamburg clarified that the only amendment was an inclusion of
the wording "alarm equipment ma lfunction dur ing installation and/or
service rehabi litation as verified in writing by the alarm
service/monitoring company .n
Alderman Smith moved, seconded by Alderman Howard to amend the time
period to 15-days instead of 30-days. MOTION CARRIED with Alderman
Sansing voting NAY .
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1292 be
APPROVED on FIRST READING as amended . ROLL CALL : Alderman Elliott,
Smith, McCleary , Sansing , Ray , Fletcher , Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED .
Alderman Ray moved, seconded by Alderman Elliott to s uspend the r ule s and
place Ordinance 1292 o n SECOND READING as amended. ROLL CALL: Alderman
Elliott, Smith , McCleary , Sansing , Ray , Fletcher , Stroud, Twitty and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City At torney
Bamburg read the heading of Ordinance 1292.
Alderman Stroud moved, seconded by Alderman Smith to further suspend the
rules and p l ace Ordinance 1 292 on THIRD and FINAL READING as amended .
15
CJC ZS3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 21, 2006
7:00 P .M. - 8 :59 P .M.
ROLL CALL: Al derman Elliott, Sm ith , McCleary , Sans ing , Ray , Fletcher ,
Stroud , Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon
City Attorney Bamburg read the heading of Ordinance 1 292 .
Alderman Ray moved , s e conded by Alderman Howard that Ordinance 1292 be
APPROVED AND ADOPTED a s amended . ROLL CALL : Alderman Elliott, Smith ,
McCleary , Sansing, Ray , Flet cher , Stro u d, Twitty and Howard voted AYE .
NAY (0 ). MOTION CARR I ED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1292 THIS 21 s t DAY OF SEPTEMBER
2006 .
APPOINTMENT{S):
ANNOUNCEMENT { S) :
ADJOURNMENT : Mayor Swaim without objection adjourn ed the meeting at.
approximately 8 :59 p.m .
Respectfully ,
1 6
-
City Council Of Jacksonville, Arkansas
1. OPENING PRAYER :
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
6 . WATER DEPARTMENT:
AGENDA
Regular City Council Meeting
October 5 , 2006 7:00 p.m.
Regular City Council Meeting
September 21 , 2006
Regular City Council Meeting
August 17, 2006
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION:
14. GENERAL:
5. APPOINTMENTS:
6 . ANNOUNCEMENTS :
ADJOURNMENT
a.
Request to Accept Bid: Asphalt Roller
(Mayor Swaim)
ORDINANCE 1293 (#26-06)
Second Reading
Reclass ifying property proposed to be
Woodside Subdivision (Alderman Stroud)
b. ORDINANCE 1295 (#28-06)
Annual Millage Ordinance (2007)
(Mayor Swaim)
c. ORDINANCE 1294 (#27-06)
Amending JMC §5 .32 Wrecker
Service Regulations
(Mayor Swaim)
Oo nc ;!-'i v j ·._) ..L
0 0 (I 1'"\ (\ ")
I :j I.J . ; ;.,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2006
7 :00 P.M. -7:49 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 5 , 2006 at the regular meetin g p l ace of the Council.
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smith, McC leary , Sansing , Ray , Rinker ,
Fletcher , Stroud , Twitty a nd Howard ans wered roll call. Mayor Swaim also
answered ROL L CALL declar ing a quorum. PRESENT ten (10), ABSENT (0).
Othe rs present for the meeting were : City Attorney Robert Bamburg , Deputy
Clerk Linda Dulaney, City Engineer Jay Whisker , F ire Chief John
Vanderhoof , Police Chief Robert Baker , Public Works Director J im Oakley ,
Parks and Recreat i on Director George Bi ggs, CDBG Director Theresa Watson ,
Chamber of Commerce Director Bon i ta Rownd, Mrs. Addie Gibson, Mr. Larry
Smith , interested c i tizens and members o f the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
September 7, 2006 for approval and/or cor rection at the next regularly
schedu led 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 17 August 2006 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid for Asphalt Roller
In response to a question posed by Alderman Elliott , Public Wo rk s
Director Jimmy Oakley stated that he is comfortable with the low bidder.
Alderman Smith moved, seconded by Alderman Elliott to accept the low bid
of $29,366.00 from Rushing Mason with funds to be drawn from the Street
Department Fund . MOTION CARRIED .
SANITATION DEPARTMENT:
PLANNING COMMISSION :
GENERAL: ORDINANCE 1293 (#26-06) SECOND READING
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : WOODSIDE SUBDIVISION, ADJACENT TO WESTERN HILLS
SUBDIVISION) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP
OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES .
1
0 .)0003
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5 , 2006
7:00 P .M. -7:49 P.M.
Alderman Stroud stated that he has heard good points from both sides of
the issue , explaining that there is a lot of concern, which he feels has
been blown out of proportion. He stated that even if the Ordinance does
not pass there would be increased traffic on West Main, noting that west
Jacksonville is where most of the futu re growth in Jacksonville will
happen. He rel ated that the City Council would have to address those
traffic issues as they arise. He pointed out that the City cannot tell a
developer what to build, explaining that the best the City can do is to
encourage the developer to build what the City needs. He stated that it
is a frightening thought , as a resident who lives in the area, that the
developer could build 900 square foot houses without permission from the
City o f Jacksonville. He went on to say that the outside of the homes
could be all siding, citing the appearance of smaller homes recently
built in Gravel Ridge, and adding t hat the developer could sell or rent
the homes. He stated that he feels this wou l d certainly bring the area
property values down. He stated t hat the best avenue for the City would
be to try to fill the needs of the citizens of Jac ksonville. He stated
that it would be easier for the City Council to pander to the audience
and vote as the opposition feels . He added that it is hard to face your
const i tuents and say that as Council members we are trying to do what is
best for the City of Jacksonville as a whole. He stated that the public
demands be tter restaurants , shopping , more business and commerce, adding
that i s what the City Council is trying to accomplish. He stated that it
is all part of the same package . He asked the Aldermen to vote their
conscious regarding what is good fo r the citizens as a whole .
Alderman Stroud moved, seconded by Alderman Ray t o p l a ce Ordinance 1293
on SECOND READING . ROLL CALL: Alderman Elliott, McCleary, Ray , Rinker ,
Stroud, and Howard voted AYE (6). Alderman Smith, Sansing, Fletcher, and
Twitty voted NAY (4). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1293.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Or dina nce 1293
on SECOND READING .
Mr . Luc i ene Shockey stated that he is representing 180 of his neighbors .
He related that he had researched upsca l e townhous es on the Internet ,
saying that t hey were 2,000 squa re feet, two and three bedrooms, two
baths, hardwood floo rs , with crown molding throughout . He related that
these townhouses were in Little Rock, Fayetteville and Springdale. He
expressed reluctance that these townhouses could capture the upsca l e
housing market. He sta ted that there are already Jacksonville citizens
and bus ine ss people that are moving to Miller Crossing to obtain upscale
housing , because it is not available in Jacksonville . He related that he
got 41 Internet hits for upscale townhouses and 8 93 hits for rental
townhouses and 82 for sale. He stated that there is a high probability
that the development would turn into renta l townhouses rather than owner
occupied townhouses. He stated that with the quality of hous i ng being
construc t ed on the LRAFB he believes a lot of military personnel wil l
choos e to live on the Base rather than to pursue housing in Jacksonville .
2
CITY OF J ACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5 , 2006
7:00 P .M. -7:49 P.M .
He pointed out that the developer h a d stated in a Plann ing Commiss ion
meeting that if this type of development was being constructed behind his
personal home he would have to make the decision t h at h e might have to
sell his p rope r ty, because he would not like it. He stated that the
developer wa nts the developme nt for their backyard but not in his own
backyard . He ca lled the City Council's attent ion to the retaining p ond
and the design, saying that the City Council should be careful that i t
does not add to the length of the bridge span because it will run
parallel to West Main Street . He stated that it has been said t hat the
pond would b e a water f eature , pointing out that a water feature has
continual water , questioning that if a 4" rai n occu r s where will the
floodwater accumulate . He stated that the floodwater would have to have
an outlet c apable of carrying the fl oodwater . He ask the City Council to
bear in mind that they as home o wners are not aga i nst townhouse s , but they
do support the Planning Commission's decision to be in favor of
townhou ses but not a t this location . He stated t hat h e and t he other
homeowners wou l d l ike to have a clear understanding of why t hi s is tru ly
in the best interest of the City of Jacksonville and why h igh -density
houses should be at th is locat ion in the City . He s uggested t hat in the
interest of fairness and open government that City Coun c il members
explain their reason for their vote.
In response to a question posed by Alderman Sansing, Mr . Shockey answered
that he i s the chief financia l officer for a university and that he had
chosen Jac ksonville because he liked what he saw when he and his wife
bought in the Bushwood neighborhood. He stated t hat he lives in a one-
level house and refers to it as his expire -me nt home . He agreed wi th
Alderman Sansing that he could have chosen t o l i ve anywhere, but liked
what he found in the Bushwood ne ighborhood and fel t his property values
would remain because of what was surrounding it .
Mr. Tommy Bond referred to a newspape r article in Monday's paper titled
"N ew Urbanism taking root in state", adding that the article d escribes
what is very similar to what the developer is trying to do wi t h the
Woodside developmen t. He noted that the article speaks about a mix of
houses and t ownhomes. He stated that the developer is proposing to build
1600 square foot single-family homes , and 1500 square foot town h omes.
He stated that the developer d oes not intend to build anything that would
hurt the neighborhood , pointing out t hat the homes in the Spr ing Valley
Subdivision have vinyl siding . He related that the minimum for Spring
Valley is 1400 square feet . He then pointed out the development of
Waterside Drive that has nine duplexes, which he believes are the
smallest d uple xes in Jacksonville , rents for $295 .00 monthly .
In response to a question posed by Alderman Stroud, Mr . Bond clarified
that the lake is des i gned as a retention basin , explaining that it h as an
overf l ow s tructure and is designed to hold wa ter with a dif f erent i al of
approximately 3 to 4 feet . He r elat ed that retention basins are
established i n most developments and most are dry . He clarified that any
overflow wo uld go into the same channel that it is going into now .
3
'--·
~oaooos
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2006
7:00 P.M . -7:49 P .M.
Alderman Sansing compared the rear view of the townho uses from Main
Street straightened t o the view of the rear of the apartments on Redmond
Road .
Mr. Bond pointed out that the rear of the homes in Spring Valley are
visible from Main Street , noting that all those homes have vinyl siding .
He added that he believes the developer has indicated that the townhomes
would be hard board and vinyl .
Al derman Smith s tated tha t h e has been on the City Council for 26 years,
adding that he has always supported the Planning Commission. He stated
that the Planning Commission has viewed the development several times ,
which is his reason for voting NAY.
Alderman Fletcher stated his disappointment regarding the division over
the development. He added that while he sharpl y d i sagrees with Alderman
Stroud , he would like to say publicly that he respects Alderman St r oud .
He stated that Alderman Stroud has taken some difficult stands in his
time on the City Council , adding that the y were stands that he was glad
were taken. He stated that wh i le he disagrees wi th Al derman Stroud, he
admire s him and wants to state publicly that Alderman Stroud is a good
alderman . He then related that living inside a city limits offers more
home value protection regarding area development . He then agreed with
Mr. Bond that Spring Valley Subdivision does have vinyl siding, but added
that the residents present in the audience represent Western Hills , Tara
Mount , Forest Oaks , Fair Oa k s , Pennpointe , and Bushwood . He stated that
he has not heard anyone with nothing to gain from the proposal come forth
to support the proposal. He related that all the r esidents who live in
the imme diate area and are directly affected are against the development .
He stated that City government is closer to the people than other
branches of government and City government should share citizen concerns.
He pointed out that the Planning Commission voted almos t unanimously
against this development and the Ci ty Council should not take the
approach of forcing this item down anyone 's throat. He r elated that when
t he City votes to accep t new development , the question should be asked,
"Does this project compliment and enhance the area?" He stated that
$160,000 .00 homes is not the ideal fit for an area with $300,000.00
homes , adding that west Jack sonville is the only place where construction
is going to take place . He stated t hat six months ago, t his was not on
the horizon and suddenly it is suppose to fit into our long range
planning. He stated that he f eels the City Council needs to be
responsive to the people who put them in office. He stated that he is a
representative of the people, adding that if he disagreed he would voice
that . He stated that in thi s case he feels the people are right and he
is going to fight for that opinion .
Alderman S ansing read a prepared statement addressed to the City Council
members. "We are repr esentative government, elected at large to
represent the wishes of the people. I n this case those that are most
affected by this proposed development, is the people that we need to
represent. We should do just that, vote the will of the people . One
4
OJOGCS
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5 , 2006
7 :00 P.M. - 7 :4 9 P .M.
hundred and eighty plus people have signed a petition against this
proposed development . They fe ar for the value of their homes , many
invested their life savings to purchase these houses . They believe this
proposed development wou l d devalue their p roperty , their homes and
endanger the fruit of their life savings. That is what the people fear ,
we should recogni ze this fear . We should listen to them, understand the
fear and we should act to protect them . We shoul d not overturn the
Planning Commission. If the Council votes to overturn the Planning
Commission rul ing and these people's fear come to pass and their property
values are negatively affected , then we would have failed at our n umber
one job of government , protecting our constituents . If its overturned
and if their fears don 't come to pas s and it doesn 't affect their
property values , I say that this Council will have still failed , because
we will have failed in representing the will of the people . We are
el e cted to represent the people that are affected by t he issues ."
Alderman Twitty addressed the City Council members , saying that she would
like each Council member to cons ider if they would like to have this
development in their neighborhoods . She stated that she has heard a
number of t i mes that this development is not going to affect Bushwood ,
adding that is where her son lives, and that is true as far as l ooks
because Bushwood is surrounded by woods . She stated that t he major
concern would be the traffic , stating that t h e traffic i s already bad and
the problem is not going to b e corrected in the next year or two.
Emma Knight of 216 Berkshire Circle and a member of the Planning
Commission stated that the Planning Commission h as conducted lengthy
d is cussions regarding the project a number of times . She related that
the Planning Commission voted it down two meetings in a row and not by
just one vote . She stated that she does not necessarily be lieve that it
has to negatively affect property values to ha v e nice n e w townhomes for
the first five or ten years . She added that it would depend strictly on
the way they were built and laid out . She then pointed out that when the
proposal came before the Planning Commission it was for a rezoning for
multi-family housing , adding that it was not to rezon e f o r upscal e
retirement homes. She explained that the Planning Commission dis c ussed
the c oncerns of the ci t izens and the realiti e s of the proposal . She
stated that both times she voted against the issue . She related t hat the
proposal is not a personal issue for her, but added t h at s h e doe s not
feel that it is the best thing for the City in that location . She sai d
that she be lieves Jacksonville does need upper sca l e housing , a dding that
she a nd Bart Gray J r. who make their living se l ling homes , both voted
against this proposal twice . She stated that it was not because they
wanted to vote against J acksonville's prosper ity , which is absolute l y not
true . She added that it is also not true that either of them "cave d in"
to anyth ing . She stat ed that the density of the p l an is t he same density
that the Planning Commission considered, saying that density, a l ong with
water , drainage , traffic issues and the fact that you cannot claim these
townhouses are ideal for retirement homes is why she voted against the
issue. She related that if she were looking at a plan for tha t area that
showed a development similar to West Haven in Cabot, which featured
5
Un J'"' 0["' r, 7 · I, · ·
I \..,.1 ',} ·-·
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2006
7:00 P.M. - 7 :49 P .M.
a nice subdivision with one phase being gated for garden homes for the
elderly , she would have voted for the project. She stated that this is
the kind of retirement deve lopment Jacksonville needs; saying that she
has polled citizens over 50 and not one has said they would want to
retire in a two-story property . She stated that if t he City Council did
not trust the Planning Commissioners to make those decisions they need to
find new ones. She promised that when and if the proposal passes , she
would turn in her letter of resignation.
ROLL CALL : Alde r man Elliott , McCleary , Ray, Ri nker , Stroud , and How ard
voted AYE (6). Alderman Smith, Sansing , Fletcher , and Twi t ty voted NAY
(4). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1293 THIS 5 th DAY OF OCTOBER 2006.
b . ORDINANCE 1295 (#28-06)
AN ORO I NANCE FOR THE PURPOSE OF LEVYING ONE ( 1) MILL , ONE ( 1) MILL, AND
ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE CITY
LIMITS OF THE CITY OF JACKSONVILLE , ARKANSAS ; FOR THE PURPOSE OF LEVYING
ONE ( 1) MILL , 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 , FOR OTHER PURPOSES .
May or Swaim related that the library millage has been assessed and
included in the annual millage .
Ald erman Smith moved, seconded by Alderman Sansing that Ordinance 1295 be
placed on FIRST READING. ROLL CALL : Alderman El l iott, Smith, McCleary ,
Sansing, Ray , Rinker, Twitty, Fletcher , Stroud and Howard voted AYE . NAY
(0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1295 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1295 be
APPROVED on FIRST READING. ROLL CALL : Alderman El liott , Smith , Sansing ,
McCleary , Ray , Rinker, Fletcher , Stroud , Twitty a nd Howard voted AYE .
NAY (0). MOTION CARRIED.
Alderman F l e tcher moved , seconded by Alderman Ray to suspend the rules
and place Ordinance 1 295 on SECOND READING. ROLL CALL: Alderman
Elliott , Smi th , McCleary, Sans i ng , Ray , Rinker , Fletcher , Stroud, Tw itty
and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1295 .
Al d erman Fletcher moved , seconded by Alderman Stroud to further suspend
the rules and place Ordinance 1295 on THIRD and FINAL READING . ROLL
CALL : Alderman Elliott, Smith, McCleary , Sansing , Ray , Rinker , Fletcher ,
St roud , Twitty and Howard voted AYE . NAY (0 ). MOTION CARRIED . Whereupon
City Attorney Bamburg read the heading of Ordinance 1295.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2006
7:00 P .M. - 7 :49 P .M.
Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1295
be APPROVED AND ADOPTED . ROLL CALL: Alde rman Elliott, Smith, Sansing ,
Ray , Rinker, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1295 THIS 5 th DAY OF OCTOBER 2006.
c . ORDINANCE 1 2 94 (#2 7-06)
AN ORDINANCE AMENDING JMC §5 . 32 (WRECKER SERVICE REGULATIONS) ; AND , FOR
OTHER PURPOSES .
Alderman Ray stated that members of the wrecker industry have agreed to
the provisions of the ord inance.
Alderman Ray moved , seconded by Alderman McCleary that Ordinance 1294 be
placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith, McCleary ,
San sing, Ray, Rinker, Twitty, Fletcher, Stroud and Howard voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1294 .
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1294 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Sansing ,
McCleary, Ray, Ri nker , Fletcher, Stroud, Twitty and Howard voted AY E .
NAY (0). MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Ordinan ce 1294 on SECOND READING .
It was clarified that there would be lenience for the 15 minute response
time and placement on the rotation list would not be lost regardin g Code
Enforcement vehicle calls.
ROLL CALL: Alderman Elliott , Smith, McCleary , Sansing , Ray , Rinker,
Fletcher , Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1294.
Al derman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1294 on THIRD and FINAL READING . ROLL CALL:
Alderman Elliott , Smith, McC l eary, Sans ing , Ray , Rinker , Fletcher ,
Stroud , Twitty and Howard voted AYE. NAY (0). MOT I ON CARRIED . Whereupon
City Attorney Bamburg read the heading of Ordinance 1294.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1294 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott , Smith, Sansing, Ray ,
Rinker , Twitty and Howard voted AYE . NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBE R 1294 THIS 5 th DAY OF OCTOBE R 2006 .
7
SPEED LIMITS ON SOUTH REDMOND ROAD
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2006
7 :00 P .M. -7:49 P .M.
Alderman Fletcher stated that he has received numerous complaints
regarding the speed limits o n South Redmond Road , noting that the speed
limit drops from 35 miles per hour to 25 and then to 1 0. He stated that
he could understand the drop to 10 miles per hour in the curve , but
questioned if the 25-mile per hour sign could be removed .
Mayor Swaim noted that one side of the road has 35 while the opposite
side has 25, e xplaining that speeds are dropped as traffic nears the
cu rve. He stated that the sp eed limits were established when the
railroad tracks were in use , explaining that since that time the railroad
tracks have been asphalted and the City could reevaluate conditions.
SCHOOL BUS STOPS
Alderman Fletcher proposed for safety reasons that the City schedule a
meeting with the Transportat ion Department of the Pulaski County Schoo l
District . He voiced concerns regarding situations of safety for bus
stops being p l aced on heavy traffic roads and poor lighting , no ting t hat
wi th the impending time change children wi l l be walking to their bus
stops in the dark.
Mayor Swaim offered to contact t h e Department regarding a possible
meeting .
FOI CLARIFICATION
Alderman Sansing requested c l arification , saying that it was his
unders tanding a few years ago , that if three aldermen had a meeting the
p re ss needed to be notified. He then added that a n Attorney General 's
opinion followed saying that if two aldermen got together at a called
meeting they were suppose to notify the press . He questioned the legal
standing r egardi ng FOI .
Mayor Swa im clarified that there is an Attorney General 's opinion that if
he meets with an aldermen and discusses an issue , it violates the Freedom
of Information Act. He stated that he does not agree with that opinion,
pointing out that under the · opinion an alderman could n ot request
i nformation rega rdin g an upcoming issue .
Alde rman Sansing asked for clarification regarding the FOI Act and
meetings between city councilmen discussing city business.
Mayor Sw aim stated that the opinion would apply to that in the same
manner . He related that it is the Attorney General 's opinion that it is
a violation of the Freedom of Informat ion . He related that it is not a
court ruling, but an opinion, adding that would be the answer given by
Municipal League .
Alderman Sansing stated that to be on the safe side , if an alderman calls
another alderman to meet, they should noti fy the press or possibly be in
violation of FOI . He clarified that by "ca l led meeting" he meant when a n
alderman calls another alderma n and request a person-to-person meeting to
d is cuss a spec ific issue.
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 5 , 2 0 06
7:00 P .M. -7:49 P .M.
When questioned , City Attorney Bamburg clarified that the Attorney
General 's opinion dates back almost 15 years to Winston Bryant . He
related that there have been numerous parties that do no t agree with t h at
opinion . He stated tha t there have been cases addressing the FOI, but
added that none of the cases specifically addresses the n umber of two .
He stated that the distinction that is called upon is not whether i t i s a
pl anned or incidenta l meeting, but the issues discussed and whether those
issues will come before the council on a vote . He stated that the other
distinct ion would be whether the vote would be on a public basis . He
explained that if the FOI statute is take n as literally a s Mr . Bryant's
o ffice did, the press would have to be on 24 -hou r no t ice . He stated that
the realistic plan would be to have discussion and act ivities of t he
council on voting items held in a pub l i c forum . He stated that press
notification of council me etings ensure a publ ic forum for council items .
Alderman Sansing requested clarifi cation r egarding a council member
having a meeting with another council member for the sole purpose of
swayi ng that counci l member , questioning where does this fall .
City Attorney Bamburg stated that it is a gray area o f t he law.
Alderman Sansing stated that it would be be tte r not to put yourself in
that situati on .
APPOINTMENT(S):
ANNOUNCEMENT (S): WING DING FESTIVAL
Mayor Swaim announced that that the Wing Ding Festival will begin
Saturday , 9:00 a .m. to 6:00 p.m .
ADJOURNMENT : Mayor Swaim without objection adjourn ed the meeting at
approximately 7 ;49 p .m.
Respe ct ful l y ,
9
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
October 19, 2006 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:
Police Department:
Fire 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:
5. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a .
b .
Regular City Council Meeting
October 5, 2006
Regular City Counci l Meeting
September 21, 2006
Regular Monthly Report/September
City Engineer Jay Whisker
Regular Monthly Report/September
Chief Robert Baker
Regular Month ly Report/September
Chief John Vanderhoof
Regular Monthly Report/September
Pub lic Works Director Jim Oakley
Informational : FEMA SAFER Grant
(Mayor Swaim)
ORDINANCE 1293 (#26-06)
Third Reading
Reclassifying property proposed to be
Woodside Subdivision (Alderman Stroud)
ITEM REMOVED FROM AGENDA
ORDINANCE 1296 (#29-06)
Waiving Competitive Bidding for Janitorial
Services for the Community Center
(Mayor Swaim)
JACKSONVILLE HOUSING AUTHORITY
Appointment of Addie Gibson to fill the unexpired
term of Fred West for a term to expire 03/17/2007
CITY OF JACKSONVILL E
REGULAR CITY COUNCIL MEETING
OCTOBER 1 9 , 2006
7 :00 P.M. -7 :10 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Co uncil of the City of Jackso n vi lle , Arkansas met in Re gul ar
Session on Oct ober 19 , 20 0 6 a t the regular meeting place of the Council .
Alde r man Howard delivered the i n voca t ion and Ma y o r Swaim l ed a standing
audien ce i n the "P ledge of Alleg i anceu to the flag.
ROLL CALL: Aldermen : El liott, Sm ith , McC l eary , Sansing , Str oud, Twitty and
Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a
quo r um . Alde r man F l etcher arr i ved a t approxima t e l y 7 :02 p .m . Aldermen Ray
and Rinker were absent. PRESENT e i ght (8), ABSENT (2).
Others present for the meeting were: Ci t y Attorney Robert Bamburg , Deputy
Cl erk Linda Dulaney , Finance Di rector Paul Mushrush , Finan ce Manager
Cheryl E r kel , Ci t y Engineer Jay Wh i sker , F i re Chief John Vanderhoof ,
Police Chief Robert Bake r , Pub l ic Wo rks Director J i m Oakley , CD BG
Director There sa Wat s o n, Mrs . J udy Sw aim, Mr s . Helen Stroud , Mrs . Addie
Gibson , Mr . Larry Smith , Mr . Luciene Shockey , Mrs. Emm a Kn i ght , Mrs.
Susa n Do l lar , Mr . To mm y Bond , Mr . Tim Mc Clurg, Mr s . Sandra Pa y n e , Mrs .
Betty Busby , i nterested citizens and members of the p r ess .
PRESENTATION OF MINUTES :
Mayor Swa i m p r es en ted the minute s of t he regular Ci t y Co u nci l meet i ng of
October 5 , 2006 for approval and/or correct ion at the n ext regularly
scheduled City Counci l me e ting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Sansing that the minutes of
t h e Regular City Coun cil Meeting o f 2 1 September 2006 be APPROVED.
MOTION CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPO RT/ENGINEERING
Alderman Ell i ott moved , seconded by Alderman Howa r d t o approve the
Re gul ar Mon thly Report for S e p tembe r 2006. Sa i d report ref l ects :
PERMITS/LICENSE ISSUED
Building Permits
Business L icense
22
11
UNSIGHTLY & UNSANITARY
Grass Le t ters 19 6
35
1 89
9
Letters 2
$2 ,245 .29
Property Mow e d
Tras h Lette r s
Trash Removal
P roperty Mai nt .
Costs
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
P l umb i ng
VEHICLES
Notice o f Noncomp l iance
Towed
CONDEMNATIONS
Structural Maint . Lette r s
Structura l Repai r s Ma d e
Demolitions
1
84
4 7
95
11 7
17
1
0
0
0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 19 , 2006
7 :00 P .M. -7 :10 P .M.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular
Monthly Report for September 2006 . Said report reflects the Total Value of
Reported Stolen Property $61,768. Total Value of Recovered Stolen Property
$35 ,232 and Total Report Sales $998.00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular
Monthly Report for September 2006 from the Jacksonville Fire Department,
which reflects a fire loss of $25 ,100. and a savings total of $77,900.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ellio t t moved , seconded by Alderman Sansing to approve the
Regu l ar Monthly Animal Control Report fo r September 2006 . Said report
reflects :
ADOPTION/FINES :
CONTR I BU TI ONS:
TOTAL:
$2,260.00
$ . 00
$2,260 .00
ROLL CALL : Aldermen : Elliott, Smith, McCleary, Sansing, Stroud , Twitty ,
and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT : FEMA SAFER Grant
Chie f Vanderhoof related that the Fire Department appl ied under the SAFER
Grant for three personnel with the permission of the City Counci l . He
related that the Fire Department was fortunate enough to receive the
Grant , explaining that there were approx imately 1 ,800 Fire Departments
across the United S t ates that applied for the Grant and Jacksonville was
one of the few to rece i ve the Gr ant . He stated that the Grant would pay
a s l iding sca l e portion of salar ies for the new firefighters for five
years. He noted that the Federal share of the Grant is $300 ,09 5.00 and
the City 's share wou l d be $318,868.00 over the next five years . He
expressed pride in Jacksonvil l e being chosen for the Grant, addi ng that
several other Fire Department s have inquired i f Jacksonvi l le has a
profe ssional grant writer and how we were fortunate enough t o have been
chosen. He stated that several Fire Department members have been
responsible for writing the grants , naming Battalion Chief Kendall
Snyder, Joe Bratton and firefighter Mi chael Williams as being responsible
for the grant applications . He stated that the Fire Department has
received approxima t ely $850 ,000 in grant funds.
The Fire Department received applause by the City Council.
Mayor Swaim stated that the Fire Department has been diligen t and
successful in their efforts to receive grants , adding that their efforts
are greatly appreciated.
POLICE DEPARTMENT :
STREET DEPARTMENT:
2
nnnn11 u ._, \..; .: ! ..
SANITATION DEPARTMENT :
PLANNING COMMISSION :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 19 , 2006
7:00 P.M. -7:10 P.M .
GENERAL: ORDINANCE 1293 (#26-06) THIRD READING
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION: WOODSIDE SUBDIVISION , ADJACENT TO WESTERN HILLS
SUBDIVISION) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP
OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES .
Mayor Swaim related that Ordinance 1293 has been removed from the agenda
by the sponsor and will not be considered at t h is time .
b . ORDINANCE 1296
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE ,
ARKANSAS, FOR THE PURPOSE OF OBTAINING JANITORIAL SERVICES FOR THE
JACKSONVILLE COMMUNITY CENTER ; DECLARING AN EMERGENCY; AND , FOR OTHER
PURPOSES.
Alderman St r oud moved, seconded by Alderman Howard that Ordinance 1296 be
placed on FIRST READING . ROLL CALL: Alderma n Elliott, Smith , McCleary,
Sansing, Fletcher, Stroud , Twitty and Howard voted AYE . NAY (0}. MOTION
CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance
1296.
Mayor Swaim related that the Ordinance deals with the changing of
personnel, commending Parks and Recreation Dir ector George Biggs for
proposing the change . He related that Parks and Recreation has a partial
janitorial service, explaining that Mr. Biggs was able to secure a more
economical price than the present personnel offers . He stated that this
represents a significant savings for the City of Jacksonvil le .
Alderman Stroud moved , seconded by Alderman Howa r d that Ordinance 1296 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith ,
McCleary , Sansing, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Stroud mov ed , seconded by Alderman Howard to suspend the rules
and place Ordinance 1296 on SECOND READING. ROLL CALL: Alderman
Elliott, Smith , McCleary , Sansing, Fletcher, Stroud, Twitty and Howard
voted AYE . NAY (0}. MOTION CARRIED . Whereupon City Attorney Bamburg
read the heading of Ordinance 1296 .
Alderman Smith moved, seconded by Alderman Stroud to further suspend the
rules and place Ordinance 1296 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott , Smith , McCleary , Sansing , Fletcher, Stroud, Twitty and
Howard voted AYE . NAY (0}. MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1296 .
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1296 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith, McCleary ,
Sansing, Fletcher , Stroud , Twitty and Howard voted AYE. NAY {0). MOTION
CARRIED .
3
0JO C.1 5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 19 , 2006
7:00 P .M. -7 :10 P.M.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1296 THIS 19th DAY OF OCTOBER 2006 .
APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY
Alderman Smith moved, seconded by Alderman Sansing to approve the
appointment of Addie Gibson to fill the unexpired term of Fred West f o r a
term to expire 3/17/2007.
ADDITION TO THE AGENDA:
RESOLUTION 599 (#12-06)
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.
Mayor Swaim stated that there is an opportunity for the Ci ty to reapply
for a grant that was not received last year, explaining t h at the City
Council had previously approved a Resolution approving the app l ication .
He stated that an updated Resolution would be necessary to move forward
with the application.
Alderman Smith moved , seconded by Alderman Howard to suspend the rules
and place Resolution 599 (#12-06) on the agenda. MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Stroud to read Resolution 599
(#12-0 6) . MOTION CARRIED whereupon City Attorney Bamburg read the heading
of Resolution 599 (#12-06) .
Alderman Stroud moved, seconded by Alderman Sansing to approve Resolution
599 (#12-06) in its entirety . MOTION CARRIED.
Discussion ensued as to reasons the Ordinance was removed from the agenda
and the rules of order regarding discussion surrounding the remova l of
Ordinance 12 93 . It was concluded that once the sponsor removes an item
from the agenda , the item cannot be further discussed .
ANNOUNCEMENT ( S) :
ADJOURNMENT : Mayor Swaim without objection adjourn ed the meeting at
approximately 7 :10p .m .
Respectfully ,
~t-J -_atm
MAYOR TO SWAIM
4
0000 1.8 City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
November 2 , 2006 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. PA RKS & REC . DEPT:
13 . PLANNING COMMISSION :
14 . GENERAL:
1 5 . APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
a .
Regular City Council Meeting
October 19 , 2006
Regular City Counci l Meeting
October 5 , 2006
ORDINANCE 1293 (#26-06)
Third Reading
Reclassifying property proposed to be
Woodside Subdivision (Alderman Stroud )
b . Request to Accept B id: Asbestos Removal
and Demolition (Mayo r Swaim)
City Hall will be closed November 1 01h in
observance of Veteran 's Day
LRAFB Air Show November 4 th & 5th
8:30a.m . to 4 :30p.m .
Jimmie White II Memorial Park dedication
November 3rd 8 :30 a .m .
0000~7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 2, 2006
7 :00 P.M . - 7 :14 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met in Regular
Session on November 2, 2006 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Al l egiance" to the flag.
ROLL CALL: Aldermen: Elliott, Smith, McCleary , Sansing, Ray, Rinker,
Fletcher , Stroud, Twitty and Howard answered roll call . Mayor Swaim also
answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Linda Dulaney, City Engineer Jay Whisker, Fire Chief John
Vanderhoof , Battalion Chief Joe Bratton, Police Chief Robert Baker,
Public Works Director Jim Oakl ey, Parks and Recreation Director George
Biggs, CDBG Director Theresa Watson , Planning Commission Chairman Mark
Stroud, Mrs . Judy Swaim , Dr. Karen Grant , Mrs . Helen Stroud, Mrs. Edith
Smith , Mrs. Addie Gibson , Mr . Larry Smith, Mr. Luciene Shockey, Mr . Bobby
Lester, Mr . Jim Dornblaser , Mr . Bill Shelley, Mr. Larry Dupree,
interested citizens and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Counc il meeting of
October 19, 2006 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 Sansing that the minutes of
the Regular City Council Meeting of 5 October 2006 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT :
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1293 (#26-06) THIRD READING
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : WOODSIDE SUBDIVISION, ADJACENT TO WESTERN HILLS
SUBDIVISION) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP
OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES.
Alderman Stroud read from a prepared statement "some folks look at a
glass and see it half empty; fortunately others look at the glass and
they see it half full. I think that is pretty much a good analogy for
what took place not too long ago before the P l anning Commission regarding
1
000018 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 2 , 2006
7 :00 P.M . -7 :14 P.M.
the Woodside Subdivision. In my opinion , the Planning Commission erred
wh e n after the initial developer 's request was denied R-0 to R-3 for
apartments , because at the Planning Commission 's unanimous encouragement,
a restructured proposal was submitted for townhouses R-0 to R-4 for
single -family dwellings plus townhouses . Only to be turned down again by
a vote of 4 to 1 , without any attempt at further stu dy o r compromise
under a wither in g verba l assau lt by a few misinformed cit iz ens . Most
members of this Council are painfully awa re that if Jacksonville is to
progress as it should, we must improve our schools, broaden the
commercial/retail base and upgrade housing for all citizens . He stated
that the first two are n ot likely to happen unti l we take care of the
third one. And , when a majority of said body recognized the potential of
a development that had been summarily rejected by a portion of the
Planning Commission, they sought to overturn the decision on two separate
occasions by Ordinance 1293, which passed by common practice , simple
majority vote as per State Laws and our own City Ordinance . On
Wednesday , prior to the October 20th City Council meetings certain members
of the City Council beca me aware of an obscure paragraph i n the Handbook
for the Arkansas Municipal Officials that purports to require a 2/3 vote
of the entire membership in order to overturn certain zoning decisions .
The next morning , prior to the City Council meeting that evening, the
City Clerk was requested to remove Ordinance 1293 from the Agenda in
order that the City Attorney have time to correlate several conflicting
statutes in both the Code Manual and our own City Ordinances. After
care ful consideration, it is the City Attorney 's opinion that even though
a simple majority of the City Council can approve the action of i ts
Plann ing Commission, i t takes seven out of ten members of the Council to
overturn a disapproval for certain zoning actions . Put differently , that
means it takes 2/3 of full membership of an elected body (7 out of 10) to
overturn the action of a majority (4 out of 9) of an appointed body.
This is a strange littl e qui rk i n Arkansas law and an oversight that will
be dealt with through legislative action during the next session . So ,
unless at least one of the four dissenting members are willing to repent ,
this Ordinance wi ll not be placed on thi rd and fin al reading . I deeply
regre t the angst , rancor , intimidation and animosity exhibited in this
Chamber in the past few weeks . I am equally sorry that Jacksonville
appears to have lost a unique and much-needed housing development that
would have been both an asset and a great benefit to all the citizens of
our City."
City Attorney Bamburg of fered his apology for not being immediately aware
of an obscure unused State Statu te and City Or dinance that require s a 2/3
vote. He informed the audience that had he been aware of the Statute he
would have clarified that Ordinance 1293 would not have passed on first
reading at the September 2 1 st meeting . He again offered h is apology,
asking the City Council to authorize the City Clerk to amend the City
Council minutes of September 21st regarding the passage on first reading
and the minutes of October 5th refle cting passage on second reading. He
clarified that the action on October 5th should be considered null and
void . He then asked the City Council as leaders of the Commun i ty to
return to the progressive cohesive nature that has been a part of the
City of Jacksonville government for many years .
2
Cl r-." ... 9
• ·-' I i l • _,; -·
CITY OF JACKSONVILLE
REGULAR CITY COUNC I L MEETING
NOVEMBER 2 , 2006
7:00 P .M. -7:1 4 P .M.
Mayor Swaim noted that statements regarding reasons the item was removed
from the October 19th meeting have now been clarified to be not of a
political nature but in the best interest of business as conducted by the
governing body.
Alderman Sansing offered his public apology to Alderman Stroud for his
misunderstanding regarding the nature of the item being removed.
Alderman Ray offered his continued comm itment to the citizens of
Jacksonville, saying that he can accept a loss as well as a win and hopes
to continue working i n the best interest of the City.
Alderman Fletcher stated that he was probably the most fervent supporter
for the proposed item, saying that from the appearance , it did very much
look like politics . He stated that he was dismayed regarding what he
perceived to be the secrecy regarding the removal of the i tem, adding
that he felt that there should have been some discussion to clarify
actions. He then apologized to Alderman Stroud for his earlier
mi sconception t hat the removal was rooted in political motivation. He
stated his desire to be able to have open discussions regarding details.
He stated that the lo cal governmental system does work and wants the
audience to know that . He expressed his desire to have the Community
reunite and continue working towards progress. He again offered his
apo l ogies.
Alderman Smith offered his support for a reunited Council, saying that he
does not harbor any ill will toward anyone regarding the issue and hopes
the City Council can continue wor king together .
b. Request to accept bid for asbestos removal and demolition
Mayor Swaim noted that the bid would encompass the four buildings being
proposed for demolition to make way for the new Library .
Alderman Ray moved , second ed by Alderman Stroud to accept the low bid
f rom Epic Construction in the amount of $1 9 ,900 .00.
Mayor Swaim noted the disparity of approx i mately $50 ,000.00 in the two
bids submitted , adding that research of the low b i dder has garnered good
recommendations from other cities and contractors regarding Epic
Construction . He then answered that the underground gas tanks have been
removed , explaining that removal was part of the conditions for
purchasing the property .
At this time , MOTION CARRIED .
APPOINTMENT(S):
ANNOUNCEOMENT(S):
Mayor Swaim announced that City Hall would be closed November lO t h in
obs e rvance of Veteran's Day .
3
OJ nr:~o
r '-' \, 1..._, V
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 2, 2006
7:00 P .M. -7:14 P.M.
He then announced that the Little Ro c k Air show would be he l d this
Saturday and Sunday be ginn ing 8 :30 a.m. to 4 :30 p.m. He noted that on
the previous occasi on whe n the Blue Angels were at the LRAFB , a State
Trooper was killed during his escort of the Blue Angels onto the flight
line , announcing that there is a dedication o f the Jimm ie White Memorial
p ark in Northwood Acres November 3rd at 8 :30p .m.
He related o n November 15th at 5:30 p.m . t h ere would be a meeting at the
Jacksonvi l le library regarding discuss i on for structural design for th e
new library .
He a nnounced that the Ar kansas Mun icipal League conference is January lO th
through the 12 th asking those interested in att e nd ing to contact his
office regarding regi stration .
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at
approximately 7 :14 p.m.
Respectfully ,
4
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
November 16, 2006
1. OPENING PRAYER :
2. ROLL CALL:
3. PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Engineering Department
Fire Department
Police 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 .
7:00p.m.
Regular City Council Meeting
November 2, 2006
Regular City Council Meeting
October 19, 2006
Regular Monthly Report/October
City Engineer Jay Whisker
Regular Monthly Report/October
Chief John Vanderhoof
Regular Month ly Report/October
· Chief Robert Baker
Regular Monthly Report/October
Public Works Director Jim Oakley
ORDINANCE 1297 (#30-06)
Creating & certifying tax liens against
Real properties for balance due for
Services (Mayor Swaim)
b. Approval of 2007 CDBG Strategic
Action Plan (Mayor Swaim)
c. Discuss purchasing property near
Martin Street Center (Mayor Swaim)
d. Amend the minutes of meetings
September 21, 2006 first reading
and October 5, 2006 second reading
of Ordinance 1293 (#26-06)
(Mayor Swaim)
n-'"'nn,...,r·") j l, I/(., , ...... ) •....; .. , ~ ..
City Council A G E N D A continued:
November 16, 2006
GENERAL continued:
e.
15 . APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
PRESENTATION: 2007 Prelim inary
Budget (Mayor Swaim)
PLANN ING COMMISSION
Appointment of Chad Young for a term to begin
01/01/2007 and to expire 01/01/2010
City Hall will be closed November 23rd & 24t h
in observance of Thanksgiving Holiday
r. '"" 0 r f'} ·']
I I '. ~-J .. l .... J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2006
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 J acksonvi lle , Arkans as met in Regular
Session on Novemb er 16 , 2006 at the regular meeting place of the Council.
Our Club delivered the i nvocat i on and led a standing audience in the
"Pledge of Al l eg i a n ceu to the flag .
ROLL CALL: Al de r me n : Elliott , Smith , McCleary , Sans ing , Ray , Rinker ,
Fletcher , Stroud , Twitty and Howard answered roll call . Mayor Swaim also
answered ROLL CAL L declaring a quorum. PRESENT ten (10), ABSENT (0).
Others present for the me e t ing were: City Attorney Robert Bamburg , Deputy
Cle r k L inda Dulaney, Finance Director Paul Mushrush , City Engineer Jay
Whisker , Fire Chief John Vanderhoof , Pol i ce Chief Robert Baker , Public
Works Di r ector Jim Oakley , CDBG Di rector Theresa Watson , Our Club
Director Glen Lane, Parks and Recreation Activity Monitor Dana Rozenski,
Mrs . Judy Sw a i m, Mrs . Addie Gibson , Mr. Larr y Smith , int erested citi zens
and members of the press.
PRESENTATION OF MINUTES :
Mayo r Swaim presented the minutes of t he regular City Co u nci l meeting of
November 2 , 2006 for approval and/o r correct ion at t he next regularly
schedu led City Co u ncil meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 19 October 2006 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alde r man Ray moved , seconded by Alderman Sansing to approve t he Regu l ar
Mont h ly Report fo r Oct ober 2006 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Lette r s
Property Mowed
Trash Letters
Trash Removal
24
12
212
56
87
18
Prope r ty Main t.
Costs
Letters 2
$4,030 .60
INSPECTIONS PREFORMED
Bui l ding I nspections 59
HVACR 38
Electrical 96
Pl u mbing 63
VEHICLES
Notice o f Noncomp l iance
Towed
CONDEMNATIONS
Structural Maint. Letters
S tructural Repairs Made
Demolitions
1
31
4
0
0
0
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2006
7 :00 P.M . - 7 :37 P.M.
Alderman Ray moved , seconded by Alderman Sansing to approve the Regular
Monthly Report for October 2006 from the Jacksonville Fire Department , which
reflect s a fire loss of $63 ,100 and a savings total of $1 79 ,400 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Al derman Sansing to approve the Regular
Month l y Report for October 2006 . Said report reflects the Total Value of
Reported Stolen Property $176 ,057 . Total Value o f Recovered Stolen Property
$1 33 ,287 and Tota l Report Sales $1 ,383 .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved , seconded by Al derman Sansing to approve the Regular
Monthly Animal Con t rol Report for October 2006. Said report ref l ects :
ADOPTION/FINES:
CONTRIBUTIONS :
TOTA L :
$1 ,925.00
$ . 00
$1 ,925 .00
ROLL CALL: Aldermen : Elliott, Smith, McCleary,
Fletcher, Stroud , Twi t ty, and Howard voted AYE .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PLANNING COMMISSION :
GENERAL : a. ORDINANCE 1297 (#30-06 )
Sansing, Ray, Rinker,
MOTION CARRIED.
AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY AT
VARIOUS LOCATIONS WIT HIN THE CITY FOR BALANCES DUE FROM SERVICES RENDERED
BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER
PURPOSES.
Al derman Stroud moved, seconded by Al derman Howard that Ordinance 1297 be
placed on FIRST READING.
Mayor Swaim rela t ed that the liens are aga i nst maintenance or demo l ition
of houses in the Ci ty of Jacksonvi lle . He explai n ed that two years ago
legislation was adopted which allows municipalities to f ile l iens
collected on ta x b i lls. He stat e d that last year the City collected over
$10,000 .00 in delinquent accounts for services rendered .
ROLL CALL : Alderman Elliott , Smith , McCleary , Sansing, Ray , Rinker,
Fletcher , Stroud, Twitty and Howa r d voted AYE . NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1297 .
2
C,l(\0.05
•.,} t._ •• • ,..,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1 6 , 2 006
7 :00 P .M. -7:37 P .M .
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1297 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Smith, Sansing,
McCleary , Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE .
NAY (0). MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1297 o n SECOND READING. ROLL CALL: Alderman Elliott,
Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud , Twitty and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the h eading of Ordinance 1297 .
Alderman Ray moved , seconded by Alderman Sansing to further suspend the
rules and place Ordinance 1297 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott , Smith , McCleary, Sansing , Ray , Rinker , Fletcher,
Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon
City Attorney Bamburg read the heading of Ordinance 1297 .
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1 297 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Ell iott, Smi th , McCleary,
Sansing, Ray, Fletcher, Rinker, Stroud, Twitty and Howard voted AYE . NAY
( 0) . MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1297 THIS 16th DAY OF NOVEMBER
2006 .
b. Approval of 2007 CDBG Strategic Action Plan
Alderman Ray moved , seconded by Alderman Sansing to accept the 2007 CDBG
Strategic Action Plan.
Alderman San sing stated t h at he was impressed by the number of comme nts
from the public t hat were included in the consolidated plan list i ng of
projects .
Mayor Swaim stated that those hearings are
attendance and participation is encouraged .
approximately $300 ,000 in limit e d funds for a
participation is very important .
At this time , MOTION CARRIED .
open to the p ublic and
He stated that the r e is
lot of projects so public
c . Discuss purchasing property n e ar Martin Street Center
Mayor Swaim explained tha t there is a piece of property that adjoins the
existing new aquatics park o n the southeast side open from Gray Street,
further explaining tha t the duplex on Gray Street burned and the owner is
receptive to sale of the p rope rty. He related ongoing efforts of
negotiation , saying that the price began at $31,000 and has now been
negotiated to $20,000 if the City i s willing to pay the c l osing cost . He
stated that Parks and Recreation Di rector George Biggs is particularl y
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16 , 2006
7 :00 P.M . - 7 :37 P .M.
interested in the property for parking needs for the center. He related
that presently the church across the street is being used for employee
parking . He stated that he is presenting the i tern as a poss i bility
regarding future expansion of the facility. He noted that if the
property is privately de veloped as residential it would not be available
to the City at this price . He further explained considerations for noise
regarding activities in the aquatics park .
City Engineer Whisker offered that purchase of the property would also
provide for the possibility of a back entrance into the aquat i cs park .
Alderman Howard moved , seconded by Alderman Twitty to authorize the Mayor
and City Clerk to purchase the property contingen t on obtaining an
adequate appraisal . MOTION CARRIED .
d . Amend the minutes of meetings September 21, 2006 First Reading and
October 5 , 2006 Second Reading of Ordinance 1293 (#26-06)
Mayor Swaim related that the request to ame n d the minut es is from City
Attorney Bamburg , explaining that the Ordinance was rendered null and
void.
Alderman Stroud moved , seconded by Alderman Smith to amend the minutes of
September 21, 2006 First reading and October 5 , 2006 Second reading of
Ordinance 1293 (#26-06). MOTION CARRIED.
e . PRESENTATION of the 2007 Preliminary Budget
Mayor Swaim noted considerations regarding employee health insurance ,
explaining that costs have increased significantly. He related that
shopping other insurance has not been successful regarding the loss
ratio . He s tat ed that the loss ratio for the City is higher than the
premium cost, add i ng that this year 126.7% is projected for the loss
ratio . He stated that the City will cost $300 ,000 more than it
contributes in premiums. He exp l ained that it would be hard to obtain a
better premium cost given the City 's loss ratio , or better coverage .
Alderman Smith stated that the premium cost would not decrease until the
City's ratio improves for at least two years .
Mayor Swaim noted that when the City had obtained ins u rance from a
different source several years ago , a rate increase half-way through the
first year was projected for the following year because the City had used
75% of its premium by Jul y. He noted t h at the Municipal League does not
consider a rate increase until th e municipality has expended 100 % of its
premium , adding that unfor t unately the City of Jacksonvil l e has far
exceeded that f or the last three years. He related that currently the
City is dealing with a $71.00 per month increase per policy , explaining
that input from the City Council would be of value, 5aying tha t the City
will either have to absorb the cost or add some share of the increase t o
the employee's cost . He stated that as much as it wou ld be regrettable
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2006
7:00 P .M. - 7 :37 P .M.
to pass any portion of the increase onto the employee he discovered that
many other cities pay a lesser percentage of the family policy. He
stated that he does not feel that the citizens would approve of absorbing
100% of the increased cost. He stated that there are two options for the
City Council to consider , which is changing the deductible by $300.00 per
person or the City could absorb some portion of the premium cost. He
noted that the City did absorb 100% of the previous premium cost. He
stated that consideration could be given to asking the emp loyee to pay
half of the $71 .00 monthly rate increase.
Alderman Smith asked that Mayor Swaim and Paul Mushrush give
consideration for the City to absorb some po r tion of the rate increase
and pass the remainder onto the employee .
Mayor Swa im related that the budget is being proposed with the consent of
the City Council that 50% of the increase would be picked up by the
employee, explaining that the City will pay for single coverage and 50%
of the increase i n the family coverage . He noted that half that cost
would be $35.50 monthly .
Alderman Ray related that his company has also had to ra ise insurance
costs to employees , adding that another benefit offered to employees is
the we llness program.
Mayor Swaim stated that the City encourages the wellness program and
offers free memberships to the Community Center to promote exercise and
health awareness .
Alderman Stroud stated that he would rather see the monthly-shared cost
increase than to have a family deductible increase, which wou l d be harder
for the family to absorb .
He related that sanitation routes have increased and the budget is
proposing to add a driver and a new truck . He then explained that the
budget is approximately $34 ,000 from in being balanced.
In response to a question posed by Alderman Ray, Mayor Swaim stated that
three firefighters will b e added , explaining that a $300,000 grant will
contribute to their salaries . He stated that t here is no proposal to add
police personnel this year, explaining tha t this is the final year for
the grant program that helped pay the salary of five police officers for
three years . He noted that the Police Department is researching other
similar grants , adding that the Police were awarded a bullet proof vest
program for this year.
He complimented the department heads who h ave found opportunities for
grants and have written those grants a nd been successful in being awarded
those grants . He stated that the public safety departments have
part i cularly been successful .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2006
7 :00 P .M. - 7 :37 P.M.
He stated that total revenues for the budget not only include grants but
also include the funds handled by the Pol ice and Fire Pension funds.
Mayor Swaim asked that the City Council members review the preliminary
budget , pointing out that the budget would be finalized for the second
meeting in December . He t h en noted that there was a redu ction in premium
costs for the buildings and content insurance.
In response to a question posed by Alderman Fletcher, Finance Director
Paul Mushrush stated that at the direction of the Mayor included in the
budget is an addi t ional $25 ,000 each year in the event that t he City
experiences an increase in its share to the Pulaski County Jail. He
stated that supposedly according to the original control the City should
be at $125 ,000 this yea r barring interim changes which occurred. He
stated that it is anticipated but not remitted unless billed for the full
amount . He stated that the current budget would reflect the $125,000
cost plus $4,4 00 for the work release program for the juve n ile court.
Mayor Swaim related that the County Judge has asked that the cities
conside r funding for a three to four month period the extra eight beds ,
adding that the City has set aside $25 ,000 for t h at consideration. He
reiterated that the City of Jacksonville is remitting its fair s h are for
the operation of the Jail. He stated that he has offered to pay per
prisoner per day for J acksonville but not all the cities want to pay on
that basis.
Alderman Fletcher asked for clarification regarding the drop in Park
admiss ion revenues .
F i nance Director Paul Mushrush stated that Parks and Recreation no longer
collects those revenues, adding that revenues are collected from the
softball, basebal l and soccer assoc iations .
Mayor Swaim expla ined that the Parks Commission dec i ded that they could
do better by not collecting those fees because the cost to pay gate
keepers did not offset collections . He stated that generally the same
amount is co llected without managing extra employees .
Alderman Stroud noted the difficu l ty in finding employees to serve as
gate keepers.
Mayor Swaim asked that City Counci l members having questions regarding
the budget to contact either himself or Finance Director Paul Mush rush .
He noted that the fina l budget wou l d have all l i n e items listed out .
APPOINTMENT(S): PLANNING COMMISSION appointment of Chad Young
Alderman Howard moved, seconded by Alderman Stroud to approve the
appointment of Chad Young to the Planning Commission for a term to begin
01/01/2007 and to expire 01/01/2010. MOTION CARRIED .
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16 , 2006
7:00 P.M . -7:37 P.M.
ANNOUNCEMENT(S): Mayor Swaim announced that City Hal l would be closed
November 23 rd & 24th in observance of Thanksgiving.
He asked that
League winter
November 20th .
12th in Little
City Council members i n tere sted i n at tending t he Municipal
conference contact his office by the deadline of Monday ,
He stated that the conference is Janua ry lOth through the
Rock.
Alderman Stroud moved , seconded by Alderman Smith , to adjourn into
Executive Session at 7:33 p.m . for the purpose of discussing personnel
issues .
Alderman Twi tty stat e d that she did not see a need to go into Executive
Session if i t is because of the l e tter t hat was received by al l Ci ty
Council memb ers . She stated that there was opportunity to speak to the
person who wrote the letter or to visit with the Mayor . She stated that
she feels the Mayo r runs City Hall very well and woul d have taken care of
any is sue s had there been any discrepancies. She s tated that since the
Mayor is aware of the situation and is satisfied, she is fine with that
and feels that everyone on the City Council should be fine with it a lso .
Alderman Sansing agreed, saying that he feels it is a dead issue, a nd is
not wor th commenting.
Alderman Stroud sta ted that the issues affect more than the Mayor and
feels it might be b etter to discuss it in close d quart ers.
Al de rman Twitty stated that it seems to her that, if t h e City Cou n cil
ad journs to Executive Session i t would only o f fer credence to the issue .
She stated that she is very comfortab le that any issues h ave been
r esolv ed and that t here was nothing as bad as i t seeme d going on to begin
with , add ing that she trust the person that was s u pposed to have been
involved and she trust the Mayor to have taken care of the matte r. She
stated that she feels it is a waste o f the Ci ty Counc il's t i me and does
not feel there i s anything left to discuss in Execut i ve S essi on .
A voice vote failed to go into Executive Session and the MOTION DIED .
Alderman Fletcher agreed that things had been blown out of proportion
from what he read in the paper, adding that h e would l i ke to go on publ ic
re cord stating that the City Clerk 's Offi ce is a ve ry well run office and
that he does not know of anyone that is more consc ientious about their
job than Susan Davit t. He stated that he is not awa r e of anyone or the
contractor s that have ever had anything bad to say, pointing out that
eve rything has always been of ult ima te confidence i n t hat office . He
stated that he would want the publi c to know t hat the office has been r un
with superior leadership a nd personnel , and t h e y have a lot to be proud
of.
Alderman Smith agreed that it is a dead issue .
7
0 '\fi:''/() _.' t) l....,.l • ... I -.J '-..I
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2006
7 :00 P .M. -7:37 P .M.
Alderman Stroud stated that he has investigated the issue and is
satisfied that there is nothing to the complaint. He added that he is
satisfied with the way the City i s being run and he is satis fied with the
job that Susan Davitt is doing for the City. He stated that he did not
want any misinterpretation that might worsen or cloud their positions or
the job they are doing for the City. He added that he feels both are
doing an outstanding job.
Mayor Swaim offered his appreci a t ion , sayi ng that he would be willing to
discuss any of the issues at any time .
Alderman Ray
Whisker who
employment.
task , adding
street .
stated that he has enjoyed working with City Engineer
is leaving City employment for a position in private
He related Jay Whisker worked diligently per forming all
that his only complaint would be that Jay did not fix his
City Engineer Whisker thanked the City Council for their support during
his tenure, saying that he is aware that not all city engineers enjoy
that same level of support from their city councils.
Mayor Swaim stated that wi th current ongoing projects regarding
subdivisions and because it wil l take time to hire a new engineer, he
would like the City Council to consider authorizing him to contract Jay 's
services through his new employer.
It was the general consensus of the City Council to allow the Mayor to
enter into contract for those services .
ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at
approximately 7 :37 p.m.
Respectfully,
8
City Council Of Jacksonville, Arkansas
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
6 . WATER DEPARTMENT:
AGENDA
Regular City Council Meeting
December 7, 2006
7:00p.m .
Regular City Council Meeting
November 16 , 2006
Regular City Council Meeting
November 2, 2006
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 :
r-6. ANNOUNCEMENTS :
ADJOURNMENT
a.
b .
C.
ORDINANCE 1298 (#31-06)
Reclassifying property on the
Northwest corner of the intersection
at Military Road and South First Street
(Mayor Swaim)
ORDINANCE 1299 (#32-06)
Amending Jacksonville Municipal Code
regarding building & zoning requirements
(Mayor Swaim)
Request to accept bid : Copier for CDBG
(Mayor Swaim)
HEALTH CARE FACILITIES BOARD
Appointment of Samuel Garland for a term to
expire 3/16/2009
Presentation of the Tourism Development
and Implementation Plan December 18th
6:30 p .m. City Council Chambers
CHRISTMAS OPEN HOUSE at City Hall
December 151h 11 :3 0 a.m. to 3:00p.m .
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7 , 2006
7 :00 P.M. -7:20 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUN I CIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met i n Regular
Session on December 7, 2006 at the regular meeting place of the Council .
Vice Mayor F letcher delivered the invocation and led a standing audience
i n the "Pledge of Al l egiance" t o the flag.
ROLL CALL: Aldermen : Elliott, Smith , McCleary , Sansing, Rinker , Stroud , and
Howard a nswered roll call . Vice Mayor Fletcher also answered RO LL CALL
declarin g a quorum. PRESEN T e i g h t (8), ABSENT (3 ). Aldermen Ray and Twitty
were absent. Mayor Swaim was out of town on City business .
Others present for the meet i ng were : City Attorne y Robert Bamburg , Deputy
Clerk Linda Dulaney , Finance Director Paul Mushrush, Battalion Chief Joe
Bratton, Police Chief Robert Baker , CDBG Director Theresa Watson , Mr s .
Addie Gibson , Mr . Lar ry Smith, interested c i t izens and members of the
press .
PRESENTATION OF MINUTES:
Vice Mayor Fletcher presented the minute s of the regula r City Council
meeting o f November 16 , 2006 for approval and/or correction at the next
regularly scheduled City Council meeting .
APPROVAL AND/OR CORRE CTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 2 November 200 6 be APPROVED. MOTION ,
CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
F IRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1298 (#31 -06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION: NORTHEAST CORNER OF THE INTERSECT I ON OF MILITARY ROAD
AND SOUTH FIRST [HIGHWAY 294 AND HIGHWAY 161]); AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE ,
ARKAN SAS; AND , FOR OTHER PURPOSES .
Alderman Stroud moved, seconded by Alderman El liott that Ordinance 1298
be placed on FIRST READING. ROLL CALL : Alderman Elliott, Sm i th,
McCleary , Sansing , Rinker , Stroud , and Howard voted AYE . NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1298 .
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7 , 2006
7 :00 P.M . -7:20 P .M.
Alderman Stroud moved , seconded by Alderman Smith that Ordinance 1298 be
APPROVED on FIRST READING . ROLL CALL : Alderman El l iott, Smith ,
McCleary , Sansing, Ri nker, Stroud, and Howard voted AYE. NAY ( 0) .
MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules
and place Or dinance 1298 on SECOND READING. ROLL CALL: Alderman
Elliott , Smith, McCleary , Sansing , Rinker , Stroud , and Howard voted AYE.
NAY ( 0) . MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the
heading of Ordi nance 1298.
Alderman Smith moved , seconded by Alderman Howard to f urther suspend the
rul es and place Ordi n ance 1298 on THIRD and FINAL READING . ROLL CALL :
Alderman Ell i ott , Smith, McClea r y , S a nsing, Rinker , Stroud , and Howard
voted AYE. NAY (0). MOTION CARRIED . Whe r eupon City Att orney Bambur g read
the heading of Ordinance 1 298.
Al derman Stroud moved , seconded by Alderman Howard that Ordinance 1 298 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Smith , McClea r y,
Sansing , Rinker , Stroud , and Howard voted AY E. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1298 THIS 7th DAY OF DECEMBER 2006 .
b. ORDINANCE 1299 (#32-06)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§ 17 .12.020,
17.12.030, 17.12.110, 17.12.120, 17.12.140, 17.16 .010, 17.16 .020,
18 .24 .040, 18.26 .040, 18 .28 .040, 18.32.040, 18.36 .040 , 18 .37 .040 ,
18 .38.040, 18 .39.040, 18.40.040 , 18.44.040, 18.48 .040, 18 .52.040,
18.56 .040, 18 .60.040, 18 .68 .040, AND 18.68 .050 REGARDING CERTAIN ZONING
AND BUILDING PROVISIONS AND REQUIREMENTS ; CREATING JMC § 18.20. 040 ;
DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES.
Alderman Strou d moved , seconded by Alderman Howard that Ordi nance 1299 be
placed on FIRST READING .
Alderman Stroud stated that the intent of the ordinance is for developers
to increase their profits on lots , adding that the justificati on was that
deeper and larger homes could be built on the lots . He explained that in
the past the Planning Commiss i on h as offered a 25 ' setback as an
incentive to bu i ld larger homes. He stated that his concern would be
that the lots would be reduced i n size and smaller homes would be used
with the 25 ' setback. He stated that he would rather see the setback
left at 35 ' to be used as an encouragement to bui l d l arger homes , adding
t hat he would vote for the chan ge i n setback if there were a stipu l at i on
for a certain size lot . He then noted that the Planning Commission
approved a 25 ' front and side setback fo r corner lots, addi ng that he is
not sure the ordinance addresses that i ss u e.
City Attorney Bamburg stated that the ordinance is drafted in accordance
with the recommendations from the Plann i ng Commission , e xp l a i n ing that
the ordinance regulates a 25 ' setback for all street fro ntag e s.
2
0 ...... , r. r; 0 4 .' iJ .._; \. J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7 :00 P.M . -7:20 P .M.
Vice Mayor Fletcher noted that most of the surrounding cities have a 25'
setback , saying that Jacksonville is one of only a few remaining cities
that have a 35 ' setback. He stated t hat housing trends are leaning
toward bigger homes , especially four -bedroom homes . He then noted that
many lots are irregular shaped which pr esents a problem with a 35'
setback , adding that the proposal for a 25 ' side yard lot is a safety
issue for ne ighborhood children. He stated t hat a 25 ' setback works well
in other citi es .
ROLL CALL : Alderman Elliott, Smith , McCleary , Sansing, Rinker , and Howard
voted AYE . Alderman Stroud voted NAY (1). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1299.
Alderman Smith moved , seconded by Alderman Sansing that Ordinance 1299 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, Smith, Sansing,
McCleary , Rinke r, and Howard voted AYE . Alderman Stroud voted NAY (1).
MOTION CARRIED.
Alderman Smith moved , seconded by Alderman Sansing to suspend the rules
and place Ordinance 1299 on SECOND READING. ROLL CALL: Alderman
Elliott , Smith, McCleary, Sansing, Rinker , and Howard voted AYE . Alderman
Howard voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1299 .
Alderman Sansing moved, seconded by Alderman Howard to further suspend
the rules a nd place Ordinance 1299 on THIRD and FINAL READING. ROLL
CALL: Alderman Elliott , Smith , McCleary , Sansing , Rinker, and Howard
voted AYE . Alderman Stroud voted NAY (1). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1299.
Alderman Sansing moved, seconded by Alderman McCleary that Ordinance 1299
be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing, Rinker , and Howard voted AYE . Alderman Stroud voted NAY (1).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing that the EMERGENCY
CLAUSE be a t tached and approved . ROLL CALL: Alderman Elliott, Smith,
McCleary , Sansing , Rinker, and Howard voted AYE. Alderman Stroud voted
NAY (1). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1299 THIS 7 th DAY OF DECEMBER 2006 .
c . Request to Accept Bid: Copier for CDBG
Alderman Stroud moved , seconded by Alderman Howard to accept the low bid
from Cabot Office Machines in the amount of $10,442.99.
Alderman Sansing questioned a noted decrease in the submission of bids
from bidders.
Finance Director Paul Mushrush stated that bids are published in a State
paper of general circulation and solicited loca l ly after publication .
3
·--
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7 , 2006
7:00 P.M . -7:20 P .M.
Alderman Sansing voiced concern that previous bidders were choosing n ot
to participate in the process.
Finan ce Director Pa ul Mushrush related that sometimes there are
disgrunt l ed bidders who may not have received a bid , adding that is
nothing unusual i n dealing with governments . He stated that sometimes
smaller contractors have compl ained of not receiving payment fast enough,
explaining that there is a 17 to 18 day turnaround for payment. He then
added that the City tries to expedite for smaller contractors who depend
on a faster turnaround.
It was n oted that funds for the copier woul d be drawn from CDBG budgeted
funds .
At this time , MOTION CARRIED .
APPOINTMENT(S): HEALTH CARE FACILITIES BOARD
Alderman Smith moved, seconded by Alderman Stroud to approve the
appointment of Samuel Garland to the Health Care Facilities Boar d for a
term to expire 03/16/2009 . MOTION CARRIED .
ANNOUNCEMENT(S): Vice Mayor Fletcher announced the presentation of the
Tour i sm Development and Implementat ion Plan December 18th, 6 :3 0 p.m. at
the City Council Chambers .
He then announced t hat the City Hall Christmas Open House would be held
December 15t h from 11 :30 a.m . to 3:00 p .m .
Alderman Sansing noted that recently the City Council had receive d
letters from Mr . Ben Rice of fe ring his assistance regarding the zoning
appeal by the City of Jacksonvil le. He stated as a matter of record that
he feels tha t assistance is not necessary , adding that he has confidence
ln City Attorne y Bamburg to represent the City.
He then added that he had also received correspondence from a Lieutenant
Colonel Ronald W. McDaniel, who had requested that he be considered as a
possibility for the four-year positions that wi ll be available in
January . He stated that since the position will be appointed all persons
interested should be give n equal consideration.
He then noted that in the November issue o f City and Town there was an
interesting art i c l e on "Planning to Succeed". He stated t hat t he article
advised city counc i l s to stop overturning their planning commissions.
Alderman Elliott c larified that the article specifically stated not to
make a habit of overturning Planni ng Commission decisions but that
sometimes it is necessary.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7:00 P.M . -7 :20 P .M.
ADJOURNMENT: Alderman Howard moved, seconded by Alderman Stroud to
adjourn the meeting at approximately 7 :20 p .m. MOTION CARRIED .
Respectfully ,
~~ MAYOR TO SWAIM
5
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
December 21, 2006
1. OPEN ING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
Animal Control
Engineering Department
Fire Department
Police Department
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION:
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
a .
7 :00p.m .
Regular City Council Meeting
December 7, 2006
Regular City Council Meeting
November 16, 2006
Regular Monthly Report/November
Public Works Director Jim Oakley
Regular Monthly Report/November
Mayor Swaim
Regular Monthly Report/November
Fire Chief John Vanderhoof
Regular Monthly Report/November
Police Chief Robert Baker
ORDINANCE 1300 (#33-06) Adopting
the fiscal budget for 2007 (Mayor Swaim)
b . ORDINANCE 1301 (#34-06) lnterlocal
agreement between Lonoke Co . Hwy. 319
Water Users Facil ities Board and North
Pulaski Waterworks Facilities Board
(Mayor Swaim)
c . Appointment to fill the position of
Alderman Robert Lewis (Mayor Swaim)
0 .1nn -:"'~ · -'\J 'Jv t
City Hall will be closed December 25th and 26th
in celebration of Christmas Holidays
ADJOURNMENT
0 '1(',0)':'10. u _. · .. 0...,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21 , 2006
7:0 0 P .M . -7 :3 1 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on December 21 , 2006 at the regular meeting place of the Co unci l .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegianceu to the flag.
ROLL CALL: Aldermen: Elliott, McCleary , Sansing, Ray, Rinker, Fletcher ,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim al so answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Aldermen Smith
was absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Linda Dulaney, Finance Director Paul Mushrush , Fire Chief John
Vanderhoof, Police Captain J.J. Martin, CDBG Director Theresa Watson,
Mrs. Judy Swaim, Mrs. Addie Gibson, Mr. Bobby Alton, Mr. Steve Fykes , Mr .
Larry Smith, Mr . Tommy Bond, and intere sted citizens .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
December 2 , 2006 for approval and/or correction at the next regul arly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Alderman Strou d that the minutes of
the Regular City Council Meeting of 16 November 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for November 2006. Said report reflects :
ADOPTION/FINES: $1,410 .00
CONTRIBUTIONS : $ . 00
TOTAL : $1,410 .00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for November 2006. Said report ref l ects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
22
5
24
25
Trash Letters
Trash Removal
Property Maint .
Costs
184
14
Letters 4
$2 ,808.44
INSPECTIONS PREFORMED
Building Inspections 49
HVACR 42
Electrical 59
Plumbing 56
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
1
37
2
0
0
0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21 , 2006
7 :00 P .M. - 7 :31 P .M.
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for November 2006 from the Jacksonville Fire Department ,
which reflects a fire loss of $203,100 and a savings total of $1,401,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Month ly Report for November 2006. Said r eport reflects the Total Value of
Reported Stolen Property $88 ,592. Total Value of Recovere d Stolen Property
$42 ,252 and Total Repor t Sa l es $1 ,006 .
ROLL CALL: Aldermen : Elliott , McCleary , Sansing , Ray , Rinker , Fletcher ,
Stroud, Twitty , and Howard voted AYE . MOTION CARRIED .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PLANNING COMMISSION :
GENERAL: a . ORDINANCE 1300 (#33-06)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2007 ; MAKING APPROPRIATIONS AND
AUTHORIZING EXP ENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY
GOVERNMENT ; FOR THE PURCHASE OF MATERIALS , SUPPLIES, EQUI PMENT , AND
SERVICES COVERING: GENERAL FUND OPERATIONS , STREET FUND , EMERGENCY
MEDICAL SERVICES FUND, AND SANITATION FUND ; DECLARI NG AN EMERGENCY ; AND ,
FOR OTHER PURPOSES .
Mayor Swaim noted that there were no major changes from the draft budget
that was provided for rev i ew .
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1300 be
placed on FIRST READING. ROLL CALL: Alderman Elliott , McCleary , Sansin g,
Ray , Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ord i nance 1300 .
Alderman S t roud moved , seconded by Alderman Ray that Ordinance 1300 be
APPROVED on FIRST READING.
In response to a request from Alderman Sansing, Finance Director Paul
Mushrush related that Alderman Sansing has as k ed that he correspond the
increase in the employee 's contribution for a family medical policy to
the salary increase . He explained that the Ci t y has bi-annua l
evaluations of current market rates for City positions, which is compared
to the current salary , adding that once compared , the employee's salary
is then moved to that prevailing market rate at the rate of 3.5 %. He
stated that if a 3 .5% increase is mo r e than the market rate, the employee
is guaranteed at least a $750 .00 annual raise . He explained that if the
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21 , 2006
7:00 P .M. -7:31 P .M.
guaranteed $750 .00 increase is equated to the em ployee premium
contr i bution cost of $17 . 00 per pay period, which is app roximately
$375 .00 annually . He stated that there are o n ly e i ght employees i n the
City of Jac ksonvill e tha t $750.00 would not make a 3 .5% increase. He
explained that the earning ne cessa ry to obtai n a 3 .5% increase e quating
to $750 .00 is approx imately $21 ,300 .00 annually, which means t h a t even
the lowest paid employee s are making over $10.00 an hour . He added tha t
even if you equate the insurance inc rease to the lowes t paid e mployees
their raise would be more tha n 3 .5% and the $3 75 .00 increase wou ld still
provide fo r a 2% rais e .
Alde rman Sans ing stated that even when the employee is picking up half
the cost of the inc r ease in pr e miums , employees at the top end of the
scale are not realizing a net gain grea te r than employees at the bottom
of the scale. He stated that the Ci ty has been very fair in trying to
equali ze raises and s u bsequently share the insurance increase cost . He
thanked Finance Director Paul Mushrush for his exp lanation .
He stated that the City us es formulas for all employee applications . He
stated that a logical rule is set and applied equally by formula.
ROLL CALL : Alde rman Ell iot t , McCle a ry , Sansing , Ray, Ri n ke r , Flet cher ,
Stroud , Twitty , and Howard vot ed AYE. NAY (0 ). MOTION CARRIED .
Alde rman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1300 on SECOND READING. ROLL CALL: Alderman Elliott ,
Mc Clea ry, Sansing, Ray , Rinker, Fl e tcher , Stroud, Twitty , and Howard
voted AYE . NAY (0). MOTION CARRIED. Whereup on City Attorney Ba mburg
read the heading of Ordinanc e 1300.
Alderman Sansing moved, seconded by Alderman Howard to furt h er suspend
the rules and place Ordinance 1300 on THIRD and FINAL READING. ROLL
CALL : Alderman Elliott, McCleary, Sansing, Ray , Ri nker , Fl etcher , St roud ,
Tw itty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon Ci ty
Attorney Bamburg read the hea ding of Ordinance 1300 .
Alderman Ray moved , seconded by Alderman Howard that Ordinance 1300 be
APPROVED AND ADOPTED. ROLL CALL: Alderman El liott , McCleary, Sansing,
Ray, Rinker, Fletcher , Stroud, Twitty , and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Stroud moved , seconded by Alderman Ray that the EMERGENCY CLAUSE
b e approved a nd adopted . ROLL CALL : Alderman Elliott, McCleary, Sansing,
Ray , Rinker, Fletcher , Stroud, Twitty, and Howard voted AYE . NAY (0).
MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1300 THIS 21 st DAY OF DECEMBER
2006 .
Alderman Elliott a nd other Aldermen thanked the Mayor a nd the department
heads for the many hours o f work put into the b udget.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21 , 2006
7 :00 P .M. - 7 :31 P.M .
In response to a question posed by Alde rma n Ray , Financ e Director Paul
Mushrush related that the Polar Bear Club i s the Police Departme nt 's fund
raising e ffo rt for t he Special Olympics .
Finan ce Director Paul Mushrush pointed out that the budget includ es extra
items in the introdu ctory sect i ons , c i ting that t he first i tem being a
graphical long-term ana lysis of the City 's major revenue streams in the
past 10 years and a lis t ing of "best prac t iced" fiscal policies that the
City implements.
b . ORDINANCE 1301 (#34-06)
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF JACKSONVILLE ,
ARKANSAS , TO ACT AS AN INTERMEDIARY IN THE TRANSFER OF ASSETS AND
LIABILITIES , PURSUANT TO AN INTERLOCAL MERGER AGREEMENT BETWEEN HIGHWAY
319 WATER USERS PUBLIC FACILITIES BOARD OF LONOKE COUNTY, ARKANSAS
(HIGHWAY 319) AND NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD (NORTH
PULASKI); AMENDING JMC §13.10.020 AND §13 .10 .080; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
Mayor Swaim expla i ned that the North Pula ski Waterworks facilities
previously adopt ed by t he City Co unc i l i s proposing to merge with a
sm al ler water departme nt.
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 130 1 be
placed on FIRST READING.
City Attorney Bamburg c la rified that t h e City of Jacksonvil l e is not
assuming any financial obligations , debt or liab ilities but is act ing as
a pass through orga n ization with appointment auth ority over t h e Board.
ROLL CALL : Alderman El liott , McCleary , Sansing , Ray , Rinker , Fletcher,
Strou d , Twitty , a nd Howard voted AYE . NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1301 .
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 13 01 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, McC l eary ,
Sansing , Ray, Rinker , F l etcher , Stroud , Twitty , and Howard voted AYE.
NAY (0). MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1301 on SECOND READING . ROLL CALL : Alderman Elliott ,
McCleary , Sansi ng , Ra y, Rinker , Fletcher , Stroud , Twitty , and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the h eadi ng of Ordinance 1 301 .
Alderman Sansing moved , seconded by Al derman Howard to fur ther suspend
the rules and place Ordi n ance 1301 on THIRD and FINAL READING. ROLL
CALL: Alderman El liott , McCleary , Sansing , Ray, Rin ker , Fletcher , Stroud,
Twitty , and Howard voted AYE . NAY (0}. MOTION CARRIED. Where upon City
Attorney Bamburg read the heading of Ordi nance 1301.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21 , 2006
7:00 P.M . -7:31 P.M.
Alderman Ray moved , seconded by Alderman Howard that Ordinance 1301 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, McCleary, Sans i ng,
Ray, Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE
be approved and adopted. ROLL CALL : Alderman Elliott, McCleary, Sansing ,
Ray, Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1301 THIS 21st DAY OF DECEMBER
2006.
c . Appointment to fill the position of Alderman Robert Lewis
Mayor Swaim noted that there are two candidates who have expressed
interest in being appointed to fill the new term of Alderman Lewis. He
offered both candidates an opportunity to address the City Counci l.
Mr . Ron McDaniel and Alderman Kevin McCleary each addressed the City
Council expressing the i r desire and willingness to serve the citizens and
participate in pr o gress for the City of Jacksonville.
Mayor Swaim commended both applicants for their interest in serving as
Alderman for the City , encouraging whomever may not be appointed to
remain interested and seek fu ture positions that become availab l e.
Mayor Swaim requested a roll call vote to approve the appointment of Mr.
Ron McDaniel to serve the four-year term of Alderman Robert Lewis :
Aldermen Elliott , Ray, Rinker , Fletcher, Stroud , Twitty and Howard voted
NAY . AYE (0). Aldermen McCleary and Sansing abstained. MOTION CARRIED.
Mayor Swaim reqriested a roll call voted to approve the appointment of
Alderman Kevin McCleary to serve the four-year term of Alderman Robert
Lewis : Alderman Elliott , Ray , Rinker, Fletcher , Stroud , Twitty and
Howard voted AYE. NAY (0). Aldermen McCleary and Sansing abstained .
MOTION CARRIED .
Mayor Swaim thanked Mr. McDaniel for his interes t in the position. He
then noted that Mr. McDaniel has been serving on the Civil Service
Commission for a number of years, encouraging h im to continue serving the
City.
APPOINTMENT (S) : City Hall will be closed December 25th and 26th i n
celebration of the Chr i stmas Holidays .
Mayor Swaim noted that condemnation regarding a piece of property for the
Library has begun, adding that he is still negotiating with the property
owner. He reaffirmed his authority with the City Council to continue
negotiations, e x pressing his hope that negotiations are moving c loser to
an agreement.
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2006
7:00 P.M . -7:31 P.M .
It was the consensus of the City Council to continue negot iations in the
hopes of reaching an agreement over condemnation .
DISCUSSION OF ADOPTED 25' SETBACK CHANGE
Alderman Fletcher expressed concerns regarding subdivisions first
approved with a 35 ' setback adding new phases at 25'. He expressed h is
desire to see a uniform setback within a subdivision .
City Attorney Bamburg clarified that the 25 ' setback would apply to any
new subdivision or phase of an existing subdivision not yet fina l platted
that is brought before the Planning Commission.
Mayor Swaim noted that the Planning Commission would h ave the authority
to review the visual change in setback and request that the developer
continue with the 35 ' setback if deemed appropriate.
Mr. Bond stated that recently the concern was addressed by the Planning
Commission regarding the new phase of Jaxon Terrace, expl a i ning that the
Planning Commission requested that the developer stair-step the setback
into a less vi sual change. He then noted that a 25 ' se t back variance was
recently approved for a lot that would lead into t he second phase of
StoneRidge to prevent an obvious visual change i n setback .
ANNOUNCEMENT ( S} :
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:29p .m . MOTION CARRIED.
Respe c tful l y ,
6