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City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
January 4, 2007
SWEARING IN CEREMONY:
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MIN UTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONS EN T AGENDA:
Engineering Department:
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIR E DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SAN ITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15 . APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
7:00p.m.
Newly Elected Officials
Officiating Justice of the Peace
Bob Johnson
Regular City Council Meeting
December 21, 2006
Regular City Council Meeting
December 7 , 2006
Regular Monthly Report/December
Mayor Swaim
Request to accept proposal for 911
PSAP & CTI telephone & mapping
system (Mayor Swaim)
PLANNING COMMISSION
Reappointment of Mike Traylor
for a term to expire 1/1/2010
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2007
7 :00 P .M. -7:20 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counc i l of the City of Jacksonville , Arkansas met i n Regu l ar
Session on January 4 , 2007 at the regular meeting place of the Council.
Mayor Swaim delivered the invocation and led a s t anding audience in the
"Pledge of Allegianceu to the flag.
SWEARING IN CEREMONY
Justice of Peace Bob Johnson administered the Oath of Office to the newly
re -elected City Officials.
ROLL CALL : Aldermen: Elliott , Smith , McClear y, Sansing , Fletcher, Stroud,
Twitty, and Howard answered roll call . Mayor Swaim also answered ROL L CALL
declaring a quorum. PRESENT nine ( 9) , ABSENT ( 1) . Aldermen Rinker was
absent. Mayor Swaim related that Alderman Rinker's mother had passed away ,
asking that she and the fami l y be remembered in prayers.
Others present for the meeting were : City Attorney Robert Bamburg , Deputy
Clerk Linda Dulaney , Finance Di rector Paul Mushrush , Public Works
Di rector Jim Oakley , Fire Chief John Va nderhoof , Battalion Chief Joe
Bratton, Police Chief Robert Baker, 911 Communications Director Brenda
Skinner , Mrs . Judy Swaim , Mrs. Edi th Smith , Mrs. Addie Gibson, Mr . Larry
Sm i th, Mr. Alfonso Nations, interested citizens and members of t he press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regul ar City Co u ncil meeting of
December 21 , 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 Howard that the minutes of the
Regular City Council Meeting of 7 December 2006 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PLANNING COMMISSION:
GENERAL : Request to accept proposal for 911 PSAP & CTI telephone &
mapping system
Mayor Swaim related that the proposal is part of an obl i gatory upgrade
for the 911 Communications Center , pointin g out that this would be the
first phase. He then re l ated that the Federal government has sold the
band the City was on to Nextel and Nextel is now responsible for funding
the changes of the next phase.
1
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2007
7 :00 P .M. -7:20 P .M.
911 Director Brenda Skinner added that the current system is outdated ,
explaining that it is no longer possible to obtain replacement parts .
She explained that Motorola would not be responsible for service
beginning the first of the year . She stated that five companies
responded to the proposal request , explaining that maintenance response
time was the most critical issue. She stated that $120 ,000 was budgeted
last year but estimates have come in close to $220,000 . She stated that
the recommended proposal is from AT&T , noting t hat AT&T holds and
maintains the database for 911. She explained that AT&T is immediate l y
aware if even one circuit malfunctions, adding that AT&T will immediately
cal l the Center. She added that if AT&T is chosen they are also offering
24-hr./7 day remote monitoring from Little Rock . She stated that if the
system is disabled due to another lightening strike , AT&T has an entire
system that can be deployed immediately.
Finance Director Paul Mushrush noted that AT&T is lowest bid . He sta t ed
that cost comparisons were added to make the bid more equitable across
the board . He e x plained that AT&T submitted a complete spectrum , which
included the 24 -hr . monitoring so the low end of all the monitoring costs
were added to all the bids to c l arify that AT&T was the lowest bid. He
stated that the monitoring costs are sl i ghtly over $8,000.00 a n nually,
explaining that years 2 through 5 will be on an annua l basis adding that
the remainder is all upfront cost . He related that AT&T is offer i ng a
discount for the warranty contract , software upgrade , on-site maintenance
and system if the cost is covered upfront . He stated that funds are
avai l able from the 911 fund to be used with the budgeted funds to pay for
the system . He noted that a transfer of those funds would requ i re a
budget amendment later in the year .
In response to a question posed by Alderman S t roud, Brenda Skinner
related that the City could be reimbursed for the mapp i ng , which is part
of the package. She explained that the mapping would enable them to
locate a 911-cell phone ca l ler. She then answered that once notified the
system can be online in two months, adding that if t he curren t system
fails before the new system is installed AT&T wil l provide a system in
the interim with a setup time of two or three hours.
Alderman Stroud moved , seconded by Alderman Sansing to approve the low
bid from AT&T in the amount of $222 ,172.00 with funds to be drawn from
budgeted funds from 2006 and the balance will be drawn from the 911 fund.
MOTION CARRIED .
APPOINTMENT(S): PLANNING COMMISSION
Alderman Elliott mo v ed, seconded by Alderman Smith to approve the
reappointment of Mike Traylor to the Planning Commission for a term to
expire 1/1/2010. MOTION CARRIED .
ANNOUNCEMENT(S): Mayor Swaim asked members interested in att endi n g the
National League of Cities meeting in March to contact his office for
reservations .
2
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2007
7 :00 P.M. -7:20 P.M .
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 7:20p .m. MOTION CARRIED.
Respectfully ,
3
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
January 18 , 2007
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES :
5. CO NSENT AGENDA:
Engineering Department:
Fire Department
Police Department
Animal Control
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10 . STR EET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13. PLANNING COMMISSION :
14 . GENERAL:
15 . APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a .
7:00p.m.
Regular City Council Meeting
January 4 , 2007
Regular City Council Meeting
December 21, 2006
Regular Monthly Report/December
Mayor Swaim
Regular Monthly Report/December
Fire Chief John Vanderhoof
Regular Monthly Report/December
Police Chief Robert Baker
Regular Monthly Report/December
Annua1Reportfor2006
Pub l ic Works Director J im Oakley
Annual Report presented by Ken Anderson
(Mayor Swaim)
Annual Report presented by Thea Hughes
(Mayor Swaim)
State of the City delivered by Mayor Swaim
b. Request to amend 2006 budget
(Mayor Swaim)
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18 , 2007
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 January 18, 2007 at the r egular mee ting 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: Aldermen: E l l iott , Smith , McCleary, Sansing , Ray , Rinker ,
Fletcher, Stroud, and Howard answered roll cal l. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Aldermen Twitty
was absent.
Others present for the meeting were : City Attorney Robert Bamburg , Deputy
Clerk Linda Dulaney, Parks and Recreation Director George Biggs , F ire
Chief John Vanderhoof, Battalion Chief Joe Bratton, Police Chief Robert
Baker , Wastewater Manager Thea Hughes , Water Superin tendent Ken Anderson,
Chamber of Commerce Director Bonita Rownd , Mrs. Judy Swaim, Mrs . Edith
Smith, Mrs . Glenda Fletcher , Mrs . Addie Gibson, Mr . Larry Smith, Mr .
Alfonso Nations , interested citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim pres ented the minutes of the regular City Council meeting of
January 4, 2007 for approval and/or correction at t he 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 Co uncil Meeting of 21 December 2006 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alderman Stroud moved , seconded by Alderman Ray to approve the Regular
Monthly Report for December 2006 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
15
9
UNSIGHTLY & UNSANITARY
Grass Letters 1
0
109
1 0
Letters 2
$ 926.33
Property Mowed
Trash Letters
Trash Removal
Property Maint .
Costs
INSPECTIONS PREFORMED
Building I nspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint . L e t ters
Structural Repai rs Made
Demolitions
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
57
50
63
66
30
0
0
0
0
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular
Monthly Report for December 2006 from the Jacksonville Fire Department ,
which reflects a fire loss of $141 ,100 and a savings total of $117 ,000 .
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18, 2007
7 :00 P .M. - 7 :25 P .M.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular
Monthly Report for December 2006. Said report reflects the Total Value of
Reported Stolen Property $101 ,835 . Total Value of Recovered Stolen Property
$17,307 and Total Report Sales $1,014 .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for December 2006 and annual 2006. Said
report reflects:
ADOPTION/FINES:
CONTRIBUTIONS :
TOTAL :
$2 ,110.00
$ . 00
$2,11 0 .00
ADOPTION/FINES:
CONTRIBUTIONS:
TOTAL:
$17,540 .00
$ 115.00
$17 ,655.00
In response to a question posed by Alderman Fletcher, Chief Baker related
that only violent offenders are kept at the County Jail. He stated that
it would be hard to determine of the number arrested in 2006 how many
were actually kept at the County Jail for any amount of time. He noted
ongoing efforts to open the Jail to all fe l ony offenders , adding that bed
capacity is at 880 and there are already 926 in the Co u nty Jail. He
stated that the current situation presents a real dilemma with no quick
answer .
ROLL CALL : Aldermen: Elliott, Smith , McCleary , Sansing , Ray, Rinker,
Fletcher , Stroud , and Howard voted AYE . MOTION CARRIED .
WATER DEPARTMENT : Annual Report presented by Ken Anderson
The following are highlights from the statement read by Mr . Ken Anderson .
~ The Utility had zero water quality vio lations in 2006 .
~ The Utility continues to work toward the goals set out in the Master
Plan, achieving in 2006 the raising of t he Paradise Water Tank by
11.5 feet .
~ The transmission main from CAW that will supply Jacksonville up to
12 million gallons of water daily, has been completed up to the
Arkansas River and will cross the I-40 Bridge this summer.
~ Bids have been let for the Wilson Plan pump stati on and I -430 Br idge
crossing totaling $12.1 million. Jacksonville's share is 3 .5
million.
~ The transmission mai n is projected to be completed by 2010 or 2011.
~ In 2006 , the Water Department installed 19,397 linear feet of pipe ,
29 fire hydrants, 77 valves , 56 upgraded water services , and 329 new
water services.
~ 2006 ended with 9 ,458 active meters .
~ Out of a work force of 33 employees , 9 are licensed by the Arkansas
Health Department .
~ July 20 th reached a high for the year at 6.9 million gallons , down
from the 2005 year high of 7.3 mil li on gallons.
~ Total production for the year was 1 . 6 billion gallons , a 2. 7%
decrease from the previous year.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18 , 2007
7 :00 P .M. -7:25 P.M.
~ Average daily flow was 4 .4 million gallons.
~ Bids were received to replace water meters wi th drive-by automated
meter reading systems at a cost of $2 .2 mi llion. Neptune Technology
Group will supply the meters and Triton Wa ter Technology wil l
perform the ins tallation. Project to begin in Feb r uary and be
completed by June 2007 .
Mr . Anderson tha nked the City Council for an opportunity to report on the
Water Department's activity for 2006 .
In response to a question posed by Alderman Stroud , Mr . Anderson
explained that computer systems would be installed in trucks t h at would
read meters as t he e mployee drives down the street versus using a
handheld meter reader .
In res p onse to a question posed by Alderman Fletcher , Mr . Anderson stated
that the water meters are due to be changed and is part of the decision
to u pgrade into the new system. He stated that the new system would allow
the meters to be read more efficiently. He further explained t hat another
reason for the change is that water loss keeps creeping up , which has
been determined to be coming from the meters which are slowing going
dead . He t hen answered that the life expectan cy of a water meter is
approximate ly 10 years .
In response to a question posed by Alderman Smith, Mr . Anderson stated
that Cabot has recently built wells and have backed off regarding the
amount of water they were purchasing from J acksonville .
Discuss ion ensued regarding manda t es to decrease the use of wel l s . Mr.
Anderson stated that the Soil , Water and Natural Resources Commission
would mandate Cabot to stop using the wells .
Alderman Ray commended the Water Department employees for their qui ck
re sponse to wate r leaks in the City .
WASTEWATER DEPARTMENT: Annual Report presented by Thea Hughes
The following are highlights from a statement read by Wastewater Manager
Thea Hughes .
~ The Wastewater Department finished its elev e nth consecutive year
with zero permit violations.
~ As required by EPA when the administrative order closed June 2004,
the Utility has continued the rehab plan .
a. Northwood Acres Subdivision has completely new sewer lines
finished in 2006 .
b. Quince Hill area is almost complete with 14 ,753 feet of new
line and 24 new manholes.
c. An a r ea east of the freeway is scheduled for re lay in 2007 .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 1 8 , 2007
7:00 P.M . - 7 :2 5 P .M.
~ Responded to 228 customer calls (main lines & s ervice lines), only 5
were due to rain -an i n dication of successful rehab . 64% of calls
were related to grease blockage -indic a ting a conti nu i ng need to
educate the publ i c about pouring grease into the drains or garbage
disposables . Costs to t he Util ity are app roxima t ely $595 per call
to respond to a grease related call . At 56 cal ls in 2006 , t h at
equates to $33 ,320 .
~ Televised 112 ,183 fe et of line fo r invest iga tive purposes .
~ Accepted 15,932 feet of new subdi vi s ion line, along wi th 7 4 new
manholes -Stoneridge Phase I , Base Meadows Pha s e II , Lost Cr eek
Phase I, Forest Oaks Phase III , Graham Settlement , Jacksonvi lle
Comme r ce , O'Reilly's Auto Parts , Worley P lace Apts .
~ Inspected 369 private service lines and property owners repaired 11
service lines
~ Successfully treated 2 ,068 ,800 ,000 gal l ons of wastewater with zero
permit v iolations .
~ 330 inspections were conducted at restaurants f or prope r grease trap
maintenance.
~ 180 oil/water separators at mechanic s h ops and garages were
inspected .
~ Received "Excellent u ratings in labo ratory certification by EPA.
~ Passed annual inspections by ADEQ i n a ll areas .
~ All industr ie s complied with their discharge permits.
~ Our laborator y ranked first out of 120 for accuracy in the EPA/DMR
sample check .
~ Licenses held by employees are:
I. Class I Wastewater 2
II. Cl ass II 1
Ill. Class III 10
IV. Cl ass IV 3
v. COL 16
V I. Solid Waste 6
V II. APIA 5
~ Operating Revenue from sewer use fees were up 11% in 2006 over 2005
due to t h e fou rth phase of the 5 -step rate i ncrease . Even with the
i ncrease , the Ut ility exper i e nced a $28 , 000 lo ss in operatin g
revenue fo r 2006 , which is much less than in past years .
Mrs . Hughes thanked the City Council for the opportunit y to report on the
Utility's activi t i es dur ing 2006 .
FIRE DE PARTMENT :
POLICE DEPARTMENT:
S TREET DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSI ON :
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18, 2007
7:00 P .M. -7:25 P.M .
GENERAL: a . STATE OF THE CITY delivered by Mayor Swaim
"I looked back over the last 20 years and recognized that we have had
some challenges and some successes; some good years and some outstanding
years . The thing I recognize most is that through thick and thin, the
City Council members and our City employees did whatever was necessary to
provide the required City services. When funds were short in the early
years requiring reduced hours and no raises, they continued to do the ir
job ."
"Many of our goals have been reached. However , we cannot sit on our
laure l s and reflect on past accomplishments . Together we must continue
to expand our efforts and seek new goals for the future."
"First and foremost , we must maintain our financial stability . To that
end , we have deve l oped a strong financial base to work from while
continuing to be conservative with yo ur tax dollars. This allows us to
expand our infrastructure and enhance existing operations to better serve
our citizens."
"Without a strong , progressive thinking City Council, and the greatest
citizens any city could possibly have , we could not have established this
strong financial base. Combine them with employees who take pride in
their work and continually improve the process and you have a formula for
success."
"There are 35 pages to this report and, as always , I encourage you to
read them completely . I do want to list some of the accomplishments from
this year . The y include:"
);> The new library
"After much time and intense negotiations, we purchased 2.7 acres of
prime downtown property . Five structures have been removed and the
archi teet's preliminary construction plans are being completed.
Because of donations for the land purchase, no bond funds were used ,
leaving $2 .5 million for construction. The projected start date is
early to mid summer."
);> Joint Education Facility
"The $5 million committed to th is project has been collected from
sales tax and reserved. Military construction funds of $9.8 million
have been secured through Congress with the help of our delegation."
);> Police and Fire Training Center
"Funds are being set aside each month from sales tax to comp le te
this project. Preliminary planning is in progress."
);> Growth
"Many new subdivisions were comp leted this year . One new
deve lopment was started on 160 acres o f newly annexed l and . New
home construction , following national trends , slowed slightly, but
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18 , 2007
7 :00 P .M. -7 :25 P .M.
was still brisk with 12 6 new home s constructed at a cost of
$13,231 ,700. Sevente en mult i -family homes were built at a cost of
$1,512,000 . New and ex isting comme rcia l costs totaled $6,342 ,442 .
Adding other construction projects we had gives a grand total of
$22 ,160 ,897 ."
"The City of Jacksonville 's Comprehensive Deve lopme nt P lan , developed
through a community-wide study in 2002 , has provided the outline for all
of the above accompli shme nt s. Our Capital Improvement Plan , approved
with the 2007 budget , provides the direction that you , our ci tizens , have
chosen as a guide for an even brighter future for Jacksonville ."
"Although I get the privi leg e of presenting the State of the City Report,
I cannot and do not take credit for these accomplishme nts . I may have
played a small part in what happened during 2 006 , but i t t akes a team to
be successful and I am pleased to be a member of the Jacksonville team .
Thank you for allowing me that privilege."
In response to a question posed by Alderman Howard , Mayor Swaim re l ated
that bids have been opened for the addition and remodeling of the fire
station, which will be presented at the next regularly scheduled City
Council meeting . He stated that six bids we r e submitted ; expressing some
disappoin tment that no loca l contractor s ubmitted a bid. He further
related that there was only $35 ,000 between the high and lowest bid.
Alderman Elliott commended the Mayor and the various Departments for
their contributions to the City.
b . Reques t to amend the 200 6 budget
Mayor Swaim stated that Finance Director Paul Mushrush has requested that
the item be removed from the agenda , noting that the request to amend t h e
budget would be presented at a later date. He noted that the amendment
comes as a result of how monies have to be re corded, reminding the City
Counci l of the changed methods involving recording of Pension fund
monies . He stated that initially Pens ion fund monies have to be recorded
as income into the Gene ral Fund , which appears to inflate the f und , but
are then withdrawn and placed into the Pension funds . He noted that the
proposed amendment is chara cteristically the same type of transaction ,
involving a change in accounting procedures .
APPOINTMENT (S) :
ANNOUNCEMENT (S) : Alderman Stroud announced that tomorrow the
certification ceremony for "Keep America Beautiful".affiliation will be
held and Jac ksonvill e wil l be a "Keep America Beautiful" city. He
encouraged everyone to attend the ceremony at the Community Center
tomor r ow at 5 :00p .m.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18 , 2007
7 :00 P.M . - 7 :25 P .M.
ADJOURNMENT: Without objection , Mayor Swaim adjourned the meeting at
approximatel y 7 :25p .m. MOTION CARRIED .
Respectfully
7
l ''' ·-I . C"" ,..... •"' r-""' . :_, L . : u v 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:
6. WATER DEPARTMENT:
Regular City Council Meeting
February 1, 2007
7:00p.m .
Regular City Council Meeting
January 18 , 2007
Regular City Council Meeting
January 4 , 2007
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTME NT :
12. PARKS & REC . DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15 . APPOINTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNMENT
a. ORDINANCE 1303 (#2-07)
Waiving Competitive Bidding for
Fire Department turnouts
(Mayor Swaim)
b . Request to Accept Bid:
Addition & renovation of
Fire Station #3 (Mayor Swaim)
DISCUSSION : Heritage Park/
Graham Settlement Drainage
(Alderman Fletcher )
(information included in packet)
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2007
7 :00 P.M . - 7 :49 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the Ci ty of Jacksonville , Arkansas met in Regular
Session on February l , 2007 at the regular meeting place of the Counci l .
Mayor Swaim delivered the invocation and Alderman Ray led a stand i ng
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott , Smith , McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum . PRESENT ten (10), ABSENT (0). Aldermen Tw itty
arrived at approximately 7 :35p .m.
Others present for the meeting wer e : City Attorney Robert Bamburg, Deputy
Clerk Linda Dulaney, Public Works Director Jim Oakley , Fire Chief John
Vanderhoof , Police Chief Robert Baker, CDBG Director Teresa Watson ,
Representing Engineer Jay Whisker , Mr . Tommy Bond, Mr. Wally Nixon,
Planning Commission Chairman Mike Traylor, Planning Commissioner Mark
Stroud , Planning Commissioner Chad Young , Mr. Charlie Bocksnick, Mrs .
Addie Gibson , Mr . Larry Smith, Mr. Alfonso Nations, interested citizens
and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
January 18, 2007 for approva l and/or correction at the next regularly
scheduled City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minute s of the
Regular City Council Meeting of 4 January 2007 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
F IRE DEPARTMENT : a. ORDINANCE 1303 (#2-07)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE ,
ARKANSAS , FOR THE PURPOSE OF PURCHASING NEW FIRE PROTECTIVE GEAR
(TURNOUTS) FOR THE JACKSONVILLE FIRE DEPARTMENT; DECLARING AN
EMERGENCY ; AND , FOR OTHER PURPOSES.
Alderman Elliott moved, seconded by Alderman Ray that Ordinance 130 3 be
placed on FIRST 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 1 303 .
Alderman Smith moved, seconded by Alderman Sansing that Ordi n ance 1303 be
APPROVED on FIRST READING. ROLL CALL : Alderman El l iott , Smith ,
McCleary , Sansing, Ray, Rinker, Fletcher , Stroud, Twitty , and Howard
voted AYE. NAY (0). MOTION CARRIED .
1
000GSO
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2007
7:00 P.M. -7:49 P .M.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1303 on SECOND READING . ROLL CALL : Alderma n 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 1303.
Alderman Stroud moved, seconded by Alderman Sansing to further suspend
the rules and place Ordinance 1303 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 1303.
Alderman Howard moved, seconded by Alderman Sansing that Ordinance 1303
be APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing , Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY
( 0) . MOTION CARRIED .
Alderman Ray moved, seconded by Alderman Stroud that the EMERGENC Y CLAUSE
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 1303 THIS 1 st DAY OF FEBRUARY 2007 .
b . Request to Accept Bid for addition & renovation of Fire Station #3
Mayor Swaim related that Fire Station #3 is located in the Taneyville
area and was built in the 70's. He stated that originally, the station
was built as a two -man station and now the Fire Code requires three
firefighters per truck. He noted that the low bidder is the same company
that constructed the addition to City Hall.
Alderman Stroud moved , seconded by Alderman Howard to accept the low bid
of $216 ,900 .00 from Morris Beck Construction with funds to be drawn from
the Capital Project Fund . MOTION CARRIED .
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION :
GENERAL : DISCUSSION Heritage Park/Graham Settlement Drainage
Alderman Fletcher related that he had been contacted regarding drainage
issues in the newly developed Graham Settlement Subdivision . He
explained that the City had cleaned out a ditch to the rear of seven
l ots , saying that the developer and the builders are concerned that the
ditch will hinder the sale of lots . He went on to say that there is the
question of whether the City should have performed any wor k there or not .
He stated his desire is to see a quick so lution, pointing out that
photographs and minutes from the Planning Commission meetings were
supplied to the City Coun cil. He stated that a ft e r reading the minutes
2
000C59
CITY OF JACKSONVILLE
REGULAR CITY COUNCI L MEETING
FEBRUARY 1 , 2007
7 :00 P .M. - 7 :49 P .M.
he is not sure there has not been a misunderstanding in the development
stages of the Subdivision.
Mr . Wally Nixon , developer of the Graham Settlement Subdivision , stated
that he would l ike his engineer , Mr. Tommy Bond , to explain the history
with the Planning Commission and why he believes the City should remedy -
before they loose opportunities among the builders who have purchased
lots to sell. He noted that one of the builders , Mr. Chad Young is
present and may want to address the City Council . He then stated that
another builder , Mr . Robert Ruetter who could not be present , had related
that while he had seven or eight buyers interested in purchasing a home,
they also had said that they did not want to purchase a home with a ditch
in the back .
Mr. Tommy Bond stated that when the deve lopment was brought before t he
Planning Commission , Representing Engineer Whisker had wanted t he
developer to pipe the drainage from the boundary line o f Heritage Park
all the way to Loop Road . He stated that in doing his job , he argued
against piping it because it would be 600 plus feet and would have been a
sizable amount o f money for the developer. He stated that ultimately
there was an agreement t o build a concrete swale that went to the low
part in the back where the water generally collects .
Representing Engi neer Whisker exp l ained that he is not sure if everyone
realizes that Heritage Park has two drainage points that meet behind the
houses where the concrete swale is located. He stated that the concrete
swale at the north end of Heritage Park is at Heritage Street and runs
back around to the top house and five houses to the south there is a pipe
that runs to the back of Graham Settlement lots.
Alderman Fletcher asked if the ditch were fi l led , where would the water
drain.
Representing Engineer Whisker stated that the water has always gone down
and headed toward the swale.
Mr. Tommy Bond stated that there was water in the area when t he project
was started, adding that he believes most of the water that is referred
to as sheet flow , ran across the ground. He related that probably t h e
constructi on of houses has obstructed the sheet flow . He went on to say
that he did not realize but added that he thought building the concrete
swale would fix the problem until he was contacted by Mr. Dave Kinman who
was const ru c ting a house on lot 17. He then stated that at sometime he
felt someone must have complained to the City and Public Works Director
Jim Oakley had the ditch dug out.
Public Works Director Jim Oakley stated that the ditch was dug out in
order to keep the water from overflowing out of the easement and into the
backyards on both sides . He went on to say that i t was a concern that
water was approach ing the back door of the house on lot 17 .
3
Cr-(\l".bn .I \•;. v V V v
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2007
7:00 P .M. -7:4 9 P.M.
In r esponse to a ques t ion po sed by Mayor Swaim, Representing Eng ineer
Whisker stated that if the ditch is filled, water will back up and
eventu all y push dirt back out as it runs its na tural course .
Mayor Swaim clarified, and Represent ing Engineer Wh is k er concurred , tha t
the drainage from Herit age Park has always drained to tha t a rea in
question. He asked Rep resenting Engine er Whisker if it would be a fair
statement, in his estimation, that the Plan ning Commission failed to
require the developer and engineer to do an adequ ate job of provi ding
p r oper drainage.
Representing Engineer Whis k er agreed that it is a f air statement, saying
that the concrete swale is connected to low point, adding t hat the water
has always flowed around those houses in Heritage Park , down their back
fence line to the point whe re the concrete swale connects .
Mayor Swaim stated that his reason for making t hat observat ion was that
during the development of the Graham Settl ement S ubdivision, both
Representing Engineer Whisker and Public Works Di rector J i m Oakley had
advised him that the propo s ed drainage wou ld not keep the lots from
flood i ng because of the natural course of wate r flow. He stated that he
also would l ike to see a solution , but r ecognize d that the problem is a
design flaw that should have been corrected when the Subdiv i sion was
constructed. He added t hat it is not the City tax payer's respons ibility
to help develop land that has water running across the property . He
surmis ed that the City could go back and fill the ditch , but added that
this should be a less on to the City for the future as to what is required
in a development that has a drainage probl em . He stated t ha t
approximately 4 million dollars has been spent d u ring his tenure as Mayo r
to address drainage probl ems that we re poorly des i gned . He stated that
Jacksonville 's wa t er prob lems could only be assis t ed when efforts t o get
the water where it is suppos e to go are addre ssed.
Mr . Wally Nixon stated that the problem preexisted the development o f
Graham Settlement , say i ng that the wate r was flowing across that way
because of the d rai nage ending at Heritage Park. He continu ed that he
supposed he coul d argue the p oint tha t the d i tch s h ould ha v e been pu t
across the lots of th e people in Heritage Park but there a re f e n ces there
and no one would want to put a ditch through the proper ty owne rs who's
property is b e ing drained. He stated that cur r ent ly there is onl y a
utili t y easeme n t, adding that they granted no permission for a dra i nage
ea s eme nt and they were not required by the Planning Commission to provide
that , so they do not feel it i s their obl igat ion t o c r eate a dra inage
ditch for the Heritage Park water tha t drains off . He added that t h ey
wou l d be willing to grant an eas ement if the City would work with them to
make something work t hat will allow t h ese lots to be made into nice ,
useabl e, salable lots fo r the builders that are purchas ing t h e m .
Alderman Stroud stated that he agrees with Mayor Swa im, noting t hat he
attended t he Plan n i ng Comm i ssion meetings when t he development was being
considered . He stated that there were t wo cont rov e rsial issues,
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
FEBRUARY 1 , 2 00 7
7:00 P.M. - 7 :49 P.M .
one being the entrance and the other being the drainage. He explained
that the development was passed with a 4 to 3 vote of the Planning
Commission. He stated that the motion to approve was contingent upon the
entrance, rezoning, and drainage issues being taken care of, adding that
specifics were never clearly stated other than the fact that a concrete
swale would be built to take care of the water. He continued that the
swale only took care of the water once it reached that loca tion ; no one
ever said what would be done to address the water once it came off
Heritage Park. He stated that he also does not feel that the cost to
co r rect the problem should be placed on the citizens . He related
visiting the site with Public Works Director Jim Oakl ey and surmising
that a swale could be put where the ditch curves to al low the water to
continue to go the way it has before. He stated that it would not fix
the problem and he does agree that the ditch is not condu cive to the sale
of the lots. He stated that he does not feel it is fa ir for the
developer to come back to the City because the City approved it because
it is private property and it should have been developed properly when
being developed.
Alderman Ray stated that he had visited the sit e and walked the ditch
line. He then related that he had spoken with a builder and noted that
if the ditch were filled , the water would run into the back yards . He
speculated that in turn buyers would call the City regarding drainage
problems. He suggested that a compromise be struck between the City and
the developer, adding that he had related to the builder that the only
way he felt the ditch could be made to look better would be to concrete
the ditch , making it a swale down to the larger swale that could catch
the water. He added that he would not like to see the ditch filled
because it would only allow the water to run into the back yards .
Mr . Nixon stated that their thinking was tha t if they had done that , they
would be here responding to the question of why did you put a ditch in
these people's back yards but we did not do that . It may have been
creating some of the problems that we were hearing about . He stated that
he is not sure what the solution is, adding that they are trying to be
reasonable about the situation and would like to avoid litigat ion over
it . He added that they fee l they were not the cause of the problem when
thi s Subdivision was pu t in, acknowledging it as a difficult problem . He
added that he does not guess there is anyway to look at the developers or
owners of the property where the water comes from.
In response to a question posed by Mayo r Swaim, Mr. Nixon stated that he
does not believe the water can go back to the south , agreeing that it
looks as if the water does have to come the way it is.
Discussion ensued regarding pos s ible directional paths for the water .
In response to a question posed by Alderman Twitty, Alderman Ray stated
that his solution would be to concrete the ditch.
5
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2 007
7 :00 P .M. -7:49 P .M.
Mr . Chad Young addressed the City Council as the builder of lots 1 4 and
15 . He stated that the problem with a concrete swale is that there is a
manhole and a sewer line running along the same area. He then noted that
a concrete swale would cause a loss of 6 to 8 fee t of the back yards ,
adding that it would then be hard to make the back yards look attractive .
He stated that he would like to see the drainage addressed underground ,
which would be better when fencing the back yards . He related that he
would like to see it piped underground to the conc re te swa le .
Mayor Sw aim stated that there would not be anyway to pu t in a pipe
wi tho ut creating a mound, expl ain ing that the ditch is not deep enough.
He then stated that the other consideration would be the volume of water
coming from Heritage Park , adding that if the volume of wate r could not
be h andled by the pipe the water would continue to run across the yards
anyway . He suggested the use of rip -wrap , noting that it might not be
the attractive solution but added that since the drainage was not dealt
with properly from the beginning it would be difficult to make any remedy
look good .
Mayor Swaim questioned both engineers, if a pipe could carry the water
and be buried without having to tear out the concrete swale and doing
what the City Engineer wanted to do when the subdivision was proposed.
Representing Engineer Whisker stated that he has not looked at the grade,
adding tha t most anything could be engineered but that it would cost a
considerabl e amount of money . He t h en stated that possibly more pipes
side by side would hav e to be used to carry the same amount of water. He
stated that honestly he is not sure if it could be piped.
Discussion ensued regarding the 90° angle behind the lots , which would
s low the water down . Other solutions were discussed and Representing
Engineer Whisker stated that the lower the pipe is eventually you will
hit road that will require going under the road with more pipe until you
get to Loop Road. It was noted that the sewer line is 4 to 6 feet deep.
Mr . Bond stated that if the wa t er were piped you would have to go all the
way to Loop Road to get the water out of the ground , which is 600 plus
feet of pipe .
Mayor Swaim pointed out tha t is what the City Engineer requested be done
when the subdi vision was being approved for development . Representing
Engineer Whisker concurred that was his recommendation in the beginning
stages of the plat.
Mr. Chad Young stated that when he purchased t h e lots in September the
lots were dry a n d there was no indication of a drainage problem . He
stated that after observing the water he noted that t here is
approximately 1 ' of distance from the natural swale before it get to
where the cut out happens . He stated t h at he would not be opposed to a
small mound that he could set the fence on and help screen the back yard
from the neighbors .
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2007
7 :00 P .M. -7 :49 P .M.
Representing Engineer Whisker stated that if a mound were created it
would trap water onto Heritage Park preventing the s heet flow, which
becomes a separate problem. He stated that it is not always good to pipe
a ditch regarding sheet flow allowance .
I t was noted that the water from Heritage Park flows towards the ditch
and in the new subdivision .
Alderman Sansing offered that in his subdivision there had been problems
with flooding until the City concreted the ditch, wh i ch helped
t remendously .
Alderman Fletcher noted that the back yards in the Graham Settlement are
small back yards , which cannot afford to loose additional ground for an
open ditch. He continued that he is sympathet ic to t he proper ty ow n ers
loosing part of their yards.
Discussion ensued regarding solutions at this stage , which might require
a smal l loss of yard.
Alderman Sansing noted that if the ditch is not concreted it would create
a silt and erosion problem down stream .
It was noted that filling the ditch would not so lve t he problem of
flooding in the subdivi sion .
Mr. Nixon sta t ed tha t he fe l t i f there is go i ng to be a swale or ditch ,
homeowner s in Heritage Par k should share in the contribution of property
to pr ovide for that .
Alderman Twitty stated that she did no t feel that the adjacent
subdivision would want to participate in those drainage issues .
Mr. Nixon stated that he is sure they probably would not, adding tha t
they have lived with t he result of the water flowi ng across the ir land
for years . He then stated tha t it is a q uest i on as to if the new houses
are contributing in someway to the water backing up mo re.
Mayor Swaim asked for clarification , stating that his understanding is
t hat Public Works did not dig a new ditch b ut cleaned out an existing
ditch.
Public Works Director Jim Oakley stated that he under cut the ditch
approximately 6 " to remove old vegetation t hat had been dumped . He
stated that it is a na tural low area where the water drains .
Mr. Nixon noted that it graduates from being very sh al l ow on the south
end until i t gets much deeper near the swale .
Alde rman F l etcher suggested that since the majority of water from
He r itage Park is coming from the pipe, a ditch could be dug straight from
there to Frankl in Street and then fill in the ditch behind the new l ots .
7
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2007
7 :00 P .M. - 7 :49P.M .
He stated that it wou ld take c are of the water behind lots 14 down 4 or 5
houses . He stated that a sl ight swale could take care of that.
Mayor Swaim stated that the only pr ob lem with that is that there is a
house directly in the way and that two separate owners would have to
grant a drainage easement .
Mayor Swaim s t ated that i t is City Attorney Bamburg's opinion tha t the
existing easement can be used as a drainage easement or a utility
easement.
City Attorney Bamburg clari fied that there is an easement behind the lots
on Graham Settlement and an easement to the rear lots of Heritage Park.
He stated that it looks as if there is a 1 0 ' easement on the Heritage
Park side and a 15' easement on the Graham Settlement side.
Discussion ensued regarding the quickest way of getting the water that
comes off Heritage Park to Franklin Street.
Mr. Young stated that the reason he did no t purchase lot 17 was that it
had a concrete swale adjacent to the lot .
Discussion ensued regarding the formation of a committee to solve the
issue and the responsibil ity of costs.
Mayor Swaim stated that he does not feel that 100 % of the cost
responsibility is with the City because in the planning stage the City
Engineer issued a warning that this would occur. He stated that he feels
there is responsibility all around and the costs must be shared.
Alderman Elliott clarified that his understanding involving the wording
of ~easementn without specificity of being drainage or utility is that it
could be used for either .
City Attorney Bamburg stated that when an easement ex is ts in this nature
and particularly one that has been used in that manner for a number of
years it would be used as a drainage easement.
Representing Engineer Whisker clarified that the easement for Heritage
Park states that it is a utility easement but the drainage flows there
and it has always been used as a drainage easement.
Former Planning Commission Chairman Mark Stroud stated that when the
subdivision was presented the ma jor concern was the water coming i n at
the corner of the Subdivision , noting that they were aware of the 12"
drainage ti le but since it did not come to the edge of the property, from
a Commission standpoint they cou l d not require the developer to connect
o nt o other developed property. He stated tha t the rise of the land
before the new h ouses were constructed aided the water in flowing down
toward the corner of Heritage Park. He reiterated that the Planning
Commission was hindered in being able to make the deve l oper go back onto
property that was not part of the new development.
8
0 ;J 0 0 8S
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2007
7:00 P .M. -7:49 P .M .
Al derman Ray suggested that the item be tabled pending further
investigation through a commi ttee.
Committee members included Representing Engineer Whisker, Mr. Tommy Bond,
Mr. Wally Nixon, Alderman Ray , Public Works Director Jim Oakley , and Mr.
Chad Young.
It was the consensus of the City Council to proceed with the committee as
suggested .
APPOINTMENT (S) :
ANNOUNCEMENT (S) : Mayor Swaim noted that a hea ri ng would be set for
February 15th to hear a petition to form a property owner's improvement
district for The Meadows Subdivision.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that the ditch on North First would be the jur isdiction of the State
Highway Department.
Public Works Director Jim Oakley noted where the drainage runs , adding
that he is not sure if there is a prescribed easement for drainage. He
added that he believes the owner rather than the Highway Department
installed the pipe .
Alderman Twitty related that she had received a complaint call regarding
pools from a resident on Welham.
Mayor Swaim stated that he was aware o f the complaint and had forwarded a
copy of the ordinance regulating the draining of pools to the resident.
Representing Engineer Whisker stated that it has been a reoccurring
problem because of the natural flow of water.
Mayor Swaim stated that the prob l em would be monitored.
In response to a question posed by Alderman Fletcher, Mayor Swaim stated
that the bill for the joint education facility has passed but the monies
have not yet been appropriated. He noted that this project along with
many others have not been funded because Congress has not actually passed
the budget. He noted that the continuing r esolution will expire February
15th and one has been passed for another extens i on. He stated that u ntil
Congress votes to appropriate the Milcon Funds, it has been approved but
the monies have not been set aside .
Mayor Swaim then relate d that there has been a recent meeting with the
eng ineer s f or the project, noting that the Base is very excited about the
possibility of receiving the funds this year.
9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2007
7:00 P.M . - 7 :49 P .M.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 7:49p.m. MOTION CARRIED.
Re spectfu l ly,
MAYOR TOMMY SWAIM
1 0
City Council Of Jacksonville, Arkansas 0 rJ 0 n r·,...,
'. \.} 'J I
AGENDA
Regular City Council Meeting
February 15 , 2007 7:00 p.m.
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Police Department
Engineering Department
Fire Department
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
,_.. 9. POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COMMISSION :
14. GENERAL: Hearing
15 . APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
a .
b .
c.
Regular City Council Meeting
February 1, 2007
Regular City Council Meeting
January 18, 2007
Regular Monthly Report/January
Police Chief Robert Baker
Regular Monthly Report/January
Mayor Swaim
Regular Monthly Report/January
Fire Chief John Vanderhoof
ORDINANCE 1304 (#3-07)
Amending JMC §5.24 requiring
electronic records by owners
of pawnshops, pawnbrokers and
dealers in second-hand goods (Mayor Swaim)
ORDINANCE 1302 (#1-07)
Establish and lay off City of Jacksonville
municipal multipurpose property owners
Improvement District No . Four (The Meadows)
(Mayor Swaim)
Review of dimensional requirements for
mobile home parks (Mayor Swaim)
(removed from agenda at meeting)
Set Public Hearing to abandon public
right-of-way for Library property (Mayor Swaim)
PLANNING COMMISSION APPOINTMENT:
Alderman Bill Howard to serve a term to expire
1/1/2010
OOQ J oS
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15 , 2007
7 :00 P .M. -7:26 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on February 15 , 2007 at the regula r meeting place of the Council .
Mayor Swaim delivered the invocation and Alderman Howard led a standing
audience in the "Pledge of Allegianceu to the flag .
ROLL CALL: Aldermen : Elliott, Smith, McCleary , Sansing, Ray, Rinker,
Stroud, Twitty , and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman
Fletcher was absent .
Others present for the meeting were: City Attorney Robert Bamburg , Deputy
Clerk Linda Dulaney, Finance Director Paul Mushrush, Public Works
Director Jim Oakley , Fire Chief John Vanderhoof, Police Chief Robert
Baker , Representing Engineer Jay Whisker, Mr . Bob Williams , Mrs. Judy
Swaim , Mrs . Edith Smith , Mrs. Addie Gibson , Mr. Brian Boroughs, Mr. Joey
Price, Mrs. Tammy Tompkins, Mr. Larry Smith , Mr. Alfonso Nations,
interested citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council mee t ing of
February 1 , 2007 fo r approval and/or correction at t he next regularly
scheduled City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved , seconded by Alderman Ray that the minutes of the
Regular Ci ty Council Meeting of 18 January 2007 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for January 2007 . Said report reflects :
PERMITS /LICENSE ISSUED
Building Permits
Business License
27
22
UNSIGHTLY & UNSANITARY
Grass Letters 0
0
281
4
Letters 9
$ 201.29
Property Mowed
Trash Letters
Trash Removal
Property Maint.
Costs
INSPECTIONS PREFORMED
Building Inspections 86
HVACR 55
Electrical 85
Plumbing 65
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
Demolitions
1
36
1
0
0
0
REGULAR MONTHLY REPORT /POLICE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15 , 2007
7:00 P.M. -7:26 P .M.
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for January 2007 . Said report reflects the Total Value of
Reported Stol en Property $63,832. Total Value of Recovered Stolen Property
$23,318 and Total Report Sales $898 .
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Ray to approve t he Regular
Monthly Report for January 2007 from the Jacksonvi lle Fire Department , which
reflects a fire loss of $0.00 and a savings total of $0 .00 .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT : ORDINANCE 1304 (#3-07)
AN ORDINANCE AMENDING JMC § 5. 24 ; REQUIRING ELECTRONIC RECORDS BY OWNERS
AND OPERATORS OF PAWNSHOPS, PAWNBROKERS, AND DEALERS IN SECOND-HAND GOODS
DOING BUSINESS IN THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER
PURPOSES.
Alderman Smith moved, seconded by Al derman Stroud that Ordinance 1 304 be
placed on FIRST READING. ROLL CALL: Alderman Elliott , Smith , McCleary ,
Sansing , Ray, Rinker , Stroud , Twitty , and Howard v oted AYE. NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read t he heading of
Ordinance 1304 .
Alderman Stroud moved , secon ded by Alderman Howard that Ordinance 1304 be
APPROVED on FIRST READING.
Chief Baker related that t he p r ogram consist of an online website cal l ed
"Leads on -lineu, adding t h a t mos t of the surrounding c i ties and counties
are partic ipating. He explained that pawnshops and second-hand stores
would ent er t he data i nto the da t abase website ins t ead of writ t en
records, wh i ch are collected weekly by the Police Department . He stated
that this provides police with an instant record of items pawned at any
of the locations. He added that it also provides police with a d atabase
for name searches regarding items pawned throughout the State and
surrounding states. He stated that the program covers over 1 , 600
agencies and 2,500 pawnshops currently.
ROLL CALL: Alderman Ellio tt , Smith ,
Stroud , Tw i tty, and Howa r d voted AYE .
McCleary,
NAY (0).
Sansing , Ray, Rinker ,
MOTION CARRIED .
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1304 on SECOND 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 the
heading of Ordinance 1304 .
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15 , 2007
7 :00 P .M. -7:26 P .M.
Alderman Stroud moved , seconded by Alderman Sansing to further suspend
the rules and place Ordinance 1304 on THIRD and FINAL READING . ROLL
CALL : Alderman Ell io tt, Smith, McCleary , Sansing , Ray, Rinker, Stroud ,
Twitty, and Howa rd voted AYE. NAY (0}. MOTION CARRIED. Whereupon City
Atto rney Bamburg read the heading of Ordinance 1304 .
Alderman Sansing moved , seconded by Alderman Ray that Ordinance 1304 be
APPROVED AND ADOPTED . ROLL CALL : Alde rman E l liott, Sm ith , McCl eary ,
Sansing , Ray, Rinker, Stroud, Tw i tty , and Ho wa rd vot ed AYE. NAY (0}.
MOTION CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1304 THIS 15th DAY OF FEBRUARY
2007.
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PLANNING COMMISSION :
GENERAL: a . Hearing regarding ORDINANCE 1302 (#1 -07)
AN ORDINANCE TO ESTABLISH AND LAY OFF THE CITY OF JACKSONVILLE MUNICIPAL
MULTIPURPOSE PROPERTY OWNERS' IMPROVEMENT DISTRICT , NO . FOUR (THE MEAD OWS
MUNICIPAL PROPERT Y OWNERS ' IMPROVEMENT DISTRICT); DECLARING AN EMERGENCY ;
AND , FOR OTHER PURPOS ES .
Mayor Swaim opened the hearing at approximately 7:07p.m .
Mr. Brian Boroughs stated that the request is being made to se t off this
parcel for an imp r ovement district because the topography of the property
will not allow it to sewer conventionally . Explaining that an alternative
gri n der pump sewer system will have to be used t ha t current ly,
Jacksonville Wastewater does not accept . He furth er explained that
Wastewater Utility will accept the sewe r from the system but adde d that
in order to fund this sewer system it would have t o be managed , operation
a nd ma int enance t h rough an improvement district. He stated tha t his
company does not own the property , explaining that the cur rent owners ,
the Price 's have made the petition to request the improvement district be
estab li shed as part of the terms of the ir agreement . He conclu ded this
as the reason for the r equest before t he Ci ty Council.
Alde rman Stroud noted that i n section one of the Ordi n ance i t n ames all
types of improvements , mentioning landscaping, adequate trenching,
excavation, grading, erosion control , roads, and streets . He then
questioned how those improvements would be paid for .
Mr . Boroughs stated t hat for the short run of the pro j ect it would be
financed conventionally , adding that bonds would be sold for the
improvement district for those imp rovements and those bonds would be
reimbursable by the proceeds from lot sales. He then added that there
would be a r ema ining balance on the bonds that wou l d be long-term carry
for the owners of the property wi thin the Subdivision , which would be
paid through their Cou nty tax bill to reimburse those improvemen t s .
3
CITY OF JACKS ONVILLE
C '; {I n ""·' 41 · . ...' L '"·' : JL
REGULAR CITY COUNCIL MEETING
FEBRUARY 15 , 2007
7 :00 P .M. - 7 :26 P .M.
Alderman Stroud expressed his misunderstanding for this type of
improvement district.
Mayor Swaim offered that normally an improvement district is established
for water or sewer , adding that he has never known of an improvement
district in the City of Jacksonville that included streets, curbs and
gutte r . He stated that i f the developer does not in cur these development
costs then the homeowner ends up with a significant situation on the
purchased lot . He stated that he would not see a problem approving an
improvement dis trict for the sewe r regarding the gr i nder pumps, but added
that he feels there is a problem approving one that includes streets,
drainage etc. He questioned if approved what would prevent every other
developer in town from es tablishing the same types of improvement
districts if everything is paid f or from the improvement district. He
stated that his fear is the City would be opening itself up for every
developer wanting to establish a n improvement district to pay for all
development improvements.
Mr . Borough s stated that the reason for the district is obviously for the
sewer improvements and that is where the long -term operation and
maintenance of the district , which is the remaining balance left . He
related that one of the reasons that they are having t o pay for some of
the other impr ovements th rough the district has to do with bank position,
explaining that an improvement district is number one when i t comes to
the financing. He stated that a bank's loan would ef fectively be second
to an improvement district in terms of status. He cont i nued saying that
if the improvement district is number one and the bank is number two , the
bank has difficulty being number two. He stated that the reason they are
having to do tha t , they have looked a t th e structure of having paid for
some improvements through the district , which is typical . He stated that
typica lly these are off-site improvements, in this case they are on-site
improvements . He added that because t h ey are on-site i mprovement s the
land , easements and right-of-ways ; begins to be a mix -up as to who has
priority on them. He continued that in order to do that they have to put
-we are pay ing for al l the improvements conventionally , but the grinder
pump stations wil l not be installed, which is the main reason for the
operations and maintenance , until the house is built and ready to be tied
onto the City system. He sta ted that this is a down stream issue , adding
that the way they handle that is to sell bonds at the end point of
construction . He stated that he could provide the City Council with
numbers, explaining that the bonds are sold at the end point to release
the bank and then the bank is in first position through the construction
phase . He stated that they sell bonds, which pays the bank off so that
there is no carry for that development and put it into the dis tri ct , and
t hen the district will act as a development loan because it is i n number
one position . He conti nued that when the lots sell there would be a lump
sum reimbursement to the district leaving the rema i ning balance that they
would have started wi th to begin with.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2007
7:00 P.M . -7:26 P.M .
Alderman Smith concurred that he has not observed this type of district
being proposed in the past, asking if City Attorney Bamburg is aware of
these types of districts.
City Attorney Bamburg stated that State Statute allows improvement
districts to pay for all of the items listed in section one of the
Ordinance. He clarified that the only improvement districts that
Jacksonville has had in the past have been limited to single purpose
sewer systems, adding that one included some improvements to common
areas. He stated that this is the first improvement district proposed
with t his broad of a scope.
In response to a question posed by Alderman Smith, Mr . Boroughs clarified
that if there were a future problem with the streets it would be the
responsibility of the improvement district .
Alderman Elliott stated that personally he does not agree with
improvement districts inside the City, recognizing there has had to be
some established for water and sewer but added that anytime residents
have problems with the streets they would come to the City for solutions.
He expressed reservation in setting precedence.
Mr. Boroughs stated that he could understand the Council's concern,
explaining that the warranty for the streets, storm drains, and utilities
is the same and applies. He stated that wou l d be the development
company's warranty to the City in order for the City to accept those
improvements. He stated that the improvement district would be the
vehicle to handle long -term maintenance and concerns . He stated that
with a typical subd i vision of this size there is nothing that stretches
beyond a 12-month period , adding that in this case there is a vehicle in
place to handle those concerns long-term . He stated that the Statute to
assign commissioners -which they would be the commissioners early on and
that the reassignment of those commissioners has to come through t h e City
Council . He stated that the vehicle is a long-term deal and the City
Council manages and oversees that.
In response to a question posed by Alderman Stroud, Mr. Boroughs
concurred that eventually i n the development process the City would
assume maintenance of the streets but would not be responsible for the
sewer system. Alderman Stroud then questioned how the proceeds from lot
sales would be proportioned toward the debt. Mr . Boroughs stated that
the structure would be addressed by the bond house as to the sale and how
the bond would be reimbursed. He then concurred with Alderman Stroud's
statement that it would be predicated on the total costs of the
infrastructure less the sewer system . He then stated that while he
understands the concept he still has concerns .
Alderman Ray stated that while the concept is understood, there are
reservations for setting precedence for this type of improvement
district, noting that other developers in the City are currently handling
their own financing for projects .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2007
7 :00 P.M. - 7 :26 P.M .
Alderman Sansing stated that the document is too broad in scope and sets
too strong a precedent , adding that the City is accustom to bond issues
f or water and sewer districts . He stated that because of the b roadness
in scope he is no t personally comfortab le with the concept.
Mr. Boroughs stated that the Ordinance was written in comp lete compliance
wi th the Statute , addi ng that Sta te law al l ows t his fully ; there i s
nothing illegal or immo ra l to this. He stated tha t wh ile he understands
the Council 's concern they have foll owed the Statu te to the letter . He
then introduced his attorney Mr . David Orsini.
Alderman Elliott stated that wh ile it is defi n itel y l egal, the City
Council does not have to accept the improvement district into the City of
Jacksonville . He added that his concern would be accepting a ll these
improvements instead of a single purpose improvement district .
Mr . David Orsini directed the City Council to clarify wi th City Attorney
Bamburg.
Ci ty At torney Bamburg reinforced that the City Council does have the
right to pass or deny the Ordinance. He stated that while the Statute
may allow for a l l the improvements listed i t does no t requ i re those
imp rove ments be included . He cont inued that the City Council maintains
the authority as a body within the scope of the law to vote pass or deny .
Mr. Or sini stated that if you read the Statute the way h e reads it, it
allows for everything the way the develope r has done . He s tated tha t i t
was made as broad as it was at the request of the bank who did not want
to have a number two priority. He stated that the bank is not willing to
l oan money and be number two . He adde d that even if the bank starts off
as number one , the. minute the bonds are issued for the improvement
di strict t hey become number two. He stated t hat if you want an
improvement district like this , you have to go with what t h e local
financial ins ti tutions r equi re . He stated that i f he un ders tands the
Statute , as long as the petit ion is in good order regard i ng its
requi r ements , there is very little discretion on the part of the
governing body and the governing body in this case happens to be this
Council to approve or d isapprove . He continued that u n less there is some
defect in the proposal he does not believe the City Council has the right
to actually turn the project down .
City At to rney Bamburg stated that h e would respectfully d isagree with
that obse rvation .
Alderman Ray moved , seconded by Alderman Stroud to table the Ordinance
pending a fuller understanding of the improvement district and its
consequences.
Alderman Twitty offered further comment and Mayor Swaim noted that at
p resent the motion to table is not debatable .
6
C I"' 0" ~) l .) :_; t ...
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2007
7 :00 P.M . -7:26 P.M .
At this time , MOTION CARRIED unan i mously .
Alderman Twitty clarified and discussion ensued as to the validity of
City Council 's authority t o approve or disapprove according to State
Statute.
Mayor Swaim offered to recogni z e the p r oper t y owners to spe ak , and Mr.
Joey Price declined to present.
Mayor Swaim noted that the item of business would return on the regular l y
scheduled City Council agenda of March 1 , 2007 .
b . Review of dimensio nal requiremen t s for mobile home parks
Mayor Swaim noted that the review regarding mobile home parks has been
requested for removal by those parties who had expressed interest .
c . Set public heari ng to abandon public right-of-way for Library
property
Mayor Swaim noted that there is an ally through the property ow ned by the
City on both sides o f the property. He asked that the City Counci l set a
public hearing for 7:15 on March 1, 2007.
Alderman Elliott moved , seconded by Alderman Ray to set a public hearing
at 7 :15p .m. on March 1 , 2007 to consider abandoni ng a public right-of-
way on property locate d at 703 West Main Street. MOTION CARRIED .
APPOINTMENT(S): PLANNING COMMISSION APPOINTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the
appointment of Alderma n Bill Howard to the Planning Commission for a term
to expire 1/1/2010. MOTION CARRIED.
ANNOUNCEMENT(S): Alderman Ray announced that the Senior Citizen's Annual
Roast would be held next Thursday at 7 :00p.m .
ADJOURNMENT : Without objection , Mayor Swaim adjourned the meeting at
approximately 7 :26p.m . MOTION CARRIED .
~.Jw~ MAYOR TO SWAIM
7
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
March 1, 2007 7:00 p.m .
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REG . DEPT:
13 . PLANNING COMMISSION :
a.
b.
Regular City Council Meeting
February 15, 2007
Regular City Council Meeting
February 1, 2007
Request to accept bid: Rugged
Tablet P.C.'s (Mayor Swaim)
ORDINANCE 1305 (#4-07)
Waiving competitive bidding to
purchase software for City's
emergency services (Mayor Swaim)
Request to accept bid: Sidewalks
handicap ramps/curb (Mayor Swaim)
14. GENERAL: Public Hearing 7 :15p.m.
-
a . ORDINANCE 1306 (#5-07)
Closing and Vacating a public right-of-way
on property addressed as 703 Main Street
(site for the new Library) (Mayor Swaim)
b. ORDINANCE 1302 (#1-07)
c.
Establish and lay off City of Jacksonville
municipal multipurpose property owners
Improvement District No. Fou r (The Meadows)
(Mayor Swaim)
RESOLUTION 600 (#1-07)
Expressing support for one time appropriation
for replacement of Pulaski County Detention
Facility roof (Mayor Swaim)
0 ,.., (\ ('I ~"'1 f' ,J !_: ·.· ! 0
City Council A G E N 0 A continued:
Ma rch 1, 2007
GENERAL c ontinued :
d .
e .
15 . APPOINTMENTS:
16 . ANNOUNCEMENTS :
ADJOURNMENT
Request to accept bid : Drainage Ditch
Hill and Braden Streets (Mayor Swaim)
UPDATE: Graham Settlement
Drainage Committee (A lde rman Ray)
BOARD OF ADJUSTMENT APPOINTMENT:
Appointment of Glen Keaton to serve a term
t o expire 2/5/2010
n "'~ 0 1""1 ,..., 7 \.' J I' . . ' ·.: i
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P .M. - 8 :24 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 March 1 , 2007 at the regular meeting place of the Council .
Mayor Swaim delivered the invocation and Alderman Ray led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen: Elliott, Smith , McCleary, Sansing , Ray, Rinker ,
Fletcher , and Howard answered roll call. Mayor Swaim also answered RO LL
CALL declaring a quorum. PRE SENT eight (8), ABSENT (2). Aldermen Twitty and
Stroud were absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Cle rk Linda Dul aney, Finance Director Paul Mushrush, Public Works
Director Jim Oa kley, Parks and Recreation Director George Biggs , F i re
Chief John Vanderhoof , Police Chief Robert Baker, CDBG Director Teresa
Watson, Mr . Tommy Bond, Mr . Joey Price, Mr . Brian Borough s, Mr . B .J.
Boroughs , Mrs . Addie Gibson , Mr . Larry Smith, Mr . Alfonso Nations ,
interested citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
February 15 , 2007 for approval and/or correction at t he 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 1 February 2007 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA:
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT : a. Request to accept bid for Rugged Tablet P .C.'s
Alderman Ray moved , seconded by Alderman Sansing to accept the low bid
from Group Mobile in the amount of $14,268 .00 with funds to be drawn from
budgeted funds . MOTION CARRIED .
b. ORDINANCE 1305 (#4-07)
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF COMPUTER
SOFTWARE FOR USE BY THE CITY'S EMERGENCY SERVICES AND FINANCE
DEPARTMENTS ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES.
Finance Director Paul Mushrush related that the purchase is for the
proprietary software that interfaces with the current billing software,
adding that it is the only mechanism available to transfer information
from the P.C . tablets to the accounting system.
1
OOC078
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P .M. - 8 :24 P.M .
Alderman Ray moved , seconded by Alderman Howard that Ordinance 1305 be
placed on FIRST READI NG . ROLL CALL: Alderman Elliott , Smith, McCleary ,
Sansing , Ray , Rinker, Fletcher , and Howard voted AYE. NAY {0). MOTION
CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance
1305 .
Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1305 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith ,
McCleary, Sansing, Ray, Rinker , Fletcher , a n d Howard v oted AYE. NAY (0).
MOTION CARRIED .
Alderman Ray moved , seconded by Al derman Sansing to suspend the rules and
place Ordinance 1305 on SECOND READING.
Finance Director Paul Mushrush related that the purchase is a module that
is part of the billing software from Ortivus Software. He stated that
this would be in addition to the modules that make up the billing
software. He then related that it would be beneficial in speeding up the
collecti on curve and increase the ability to col le ct more regarding the
billed ambulance runs . He then answered that annually there had been a
loss in collections of approximately $30,000 to $40,000. He then noted
that the fund is an enterprise fund, explaining that it is no t an
expenditure but a capital asset .
ROLL CALL : Alderman Elliott, Smith, McCleary , Sansing, Ray , Rinker,
Fletcher , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 130 5.
Alderman Howard moved , seconded by Alderman Elliott to further suspend
the rules and place Ordinance 130 5 on THIRD and FINAL READING . ROLL
CALL : Alderman Elliott , Smith, McCleary , Sansing, Ray, Rinker, Fletcher ,
and Howard vot ed AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1305.
Alderman Fletcher moved, seconded by Al derman Sansing that Ordinance 1 305
be APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith, McCleary ,
Sansing, Ray, Ri nker, Fletcher, and Howard voted AYE. NAY {0). MOTION
CARRIED .
Alderman Ray moved , seconded by Alderman Sansing that the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL : Alderman Elliott, Smith ,
McCleary , Sansing , Ray, Rinker , Fletcher, and Howard voted AYE . NAY {0).
MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1305 THIS 1 st DAY OF MARCH 2007.
POLICE DEPARTMENT :
STREET DEPARTMENT :
ramps/curb
Request to accept bid for sidewalks, handicap
2
0000~'9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P.M . - 8 :24 P .M.
Public Works Director Jim Oakley related that the project is budgeted
from the 2007 Street Funds, explaining that the project consists of piece
milling areas around Jacksonville Elementary , Jacksonville High School
and other areas around Jacksonvi l le. He then noted that there were eight
bidders who returned bids .
Mayor Swaim clarified that there would be larger sidewalk projects bid
later .
Public Works Director Jim Oakley noted that there would be a project from
Dupree Park along the railroad track and up to the Community Center.
In response to a question posed by Alderman Howard, Public Work s Director
Jim Oakley noted tha t JCI, Inc. has per f ormed satisfactory work for the
City previously .
Alderman Elliott moved, seconded by Alderman Smith to accept the low bid
from JCI, Inc. in the amount of $86 ,7 50.00 with funds to be drawn from
the budgeted Street Funds . MOTION CARRIED .
SANITATION DEPARTMENT :
PLANNING COMMISSION :
GENERAL: Public Hearing 7:15 p .m.
a. ORDINANCE 1306 (#5-07)
AN ORDINANCE ABANDONING A PUBLIC RIGHT-OF-WAY LOCATED IN THE WEST
JACKSONVILLE SUBDIVISION , NO . 1, JACKSONVILLE , ARKANSAS [GENERAL
LOCATION: TWENTY FEET (20') OF PROPERTY PERPENDICULAR TO MAIN AND WARREN
STREETS]; AND, FOR OTHER PURPOSES .
Mayor Swaim noted that it was not time to start the public hearing and
suggested moving ahead in the agenda .
DEVIATION IN AGENDA:
c. RESOLUTION 600 (#1-07)
A RESOLUTION EXPRESSING SUPPORT FOR THE ONE TIME APPROPRIATION OF STATE
CAPITAL IMPROVEMENT FUNDS FOR REPLACEMENT OF THE PULASKI REGIONAL
DETENTION FACILITY ROOF; AND, FOR OTHER PURPOSES .
Mayor Swaim related that the County Judge has asked cities to support a
one-time approp riat ion to help alleviate some of the jail funding
problems . He noted that this would allow them to do major roof repairs
that would allow them to open a s ignificant n umber of beds in the older
part of the jail to relieve part of the jail over crowding .
Alderman Elliott moved, seconded by Alderman Howard to read Resolution
600 (#1-07). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Resolution 600 (#1-07) .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P.M . - 8 :24 P .M.
Alderman Sansing stated that the Res olution supports the State government
bailing out what the citizens of the local government were unwi l ling to
pass the tax to help cover the jail. He questioned if this were an
example of "pork barrel local poli tic s" that the recent Supreme Court
ruling said that the State was not suppose to be involved in?
Mayor Swaim stated that it is different in the sense that it is no t
coming from a legisla tor . He further clarified that in the lawsuit filed ,
the l egis lator s were given a set amount of funds to appropriate at their
discretion. He stated that this appropriation would require approval by
the whole House and Senate .
City Attorney Bamburg added that the Pul aski Co unty Regional Ja i l
Facility houses prisoners from a Statewide bas is . He explained that
t he re are prisoners at the County that are supposed to be in ADC , or are
c lassified as Arkansas Depar tment of Correction prisoners but because of
the State overcrowding they are backed up onto the County. He stated
that because of such it would put into circumstance where State funds
could legiti~ately and appropriately be used , on what some might consider
to be a local project.
Alderman Sansing questioned if any local municipality o r stat e government
that was housing state prisons could look to the state to take care of
their facilities if this were a set precedent .
Mayor Swaim answered that i n his es timation that would be correct, adding
that it could be do ne but has ne v er been done before and i t is not
certain that it will be accomp l ished this time. He stated that the
Governor has already stated that he did not see how he could support it ,
but the County wou ld still l ike to try. He stated that the City i s being
asked to support the County 's e fforts .
Mayor Swaim then answered that the repairs are for the old jail, adding
that it has deteriorated because of the lack of O&M funds. He stated
that the County is having to close parts of the o l d jail, wh i ch lessens
the numb er of prisoners that can b e held .
Alderman F letcher stated that cities have no choice but to support the
County but added h i s frustration because from the outside i t appears the
County has no t done a good j ob of appropriating funds. He stated that
somehow they need to be more accountable.
Alderman Sans i ng stated that he disagrees that cities have no cho i ce ,
saying that he feels the County i s asking for support regarding poor
decisions made in the past. He stated that if h e supported the
Resolution he wou l d be supporting some of those bad past decisions.
Alderman Elliott stated that he fe el s he can support r e lief coming from
Sta te funds because i f t here were not the backup of State prisoners then
the County would n o t be as significant l y backed up .
4
OJOJ~1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7:00 P.M. -8:24 P.M .
Alderman Fletcher moved, seconded by Alderman Ray to approve Resolution
600 (#1-07) in its entirety . ROLL CALL: Alderman Elliott , Smith ,
McCleary , Ray , Rinker , Fletcher , and Howard voted AYE . Alderman Sansing
voted NAY . MOTIO~ CARRIED.
RESUME AGENDA :
Public Hearing 7 :15p.m.
a . ORDINANCE 1306 (#5-07)
AN ORDINANCE ABANDONING A PUBLIC RIGHT-OF-WAY LOCATED IN THE WEST
JACKSONVILLE SUBDIVISION, NO . 1 , JACKSONVILLE, ARKANSAS [GENERAL
LOCATION: TWENTY FEET (20 ') OF PROPERTY PERPENDICULAR TO MAIN AND WARREN
STREETS]; AND , FOR OTHER PURPOSES .
Mayor Swaim opened the public hearing at approximately 7 :16p.m .
Mayor Swaim explained that the alley existed on paper only bu t had i t
been opened , it would have r un between the Te x aco Station and the
building directly east . He stated that it was never opened as an alley,
add ing that the City now owns all adjoining properties and the pub l ic
hear ing is set to hear any support or opposition to closing the alley .
Mr . Tommy Bond stated that the alley is located down the middle of what
is being proposed for the new Library .
With no other comments , Mayor Swaim closed the public hearing at
approximately 7:19p.m .
Alderman Sm i th moved , seconded by Alderman Howard that Ordinance 1306 be
placed on FIRST READING . ROLL CALL: Alderman E lliott , Smith, McCleary,
Sansing , Ray , Rinker, Fletcher , and Howard voted AYE . NAY (0). MOTION
CARRIED. Whereupon City Attorne y Bamburg read the heading of Ordinance
1306 .
Alderman Ray moved , seconded by Alderman Sansing that Ordinance 1306 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, Smith,
McCleary , Sansing, Ray, Rinker , Fletcher, and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Fletcher moved , seconded by Alderman Ray to suspend the rules
and p lace Ordinance 1306 on SECOND READING . ROLL CALL : Alderman
Elliott , Smith, McCleary, Sansing, Ray, Rinker, Fletcher , and Howard
voted AYE . NAY (0). MO TION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1306 .
Alderman Fletcher moved , seconded by Alderman Ray to further suspend the
rules and place Ordinance 1306 on THIRD and FINAL READING . ROLL CALL:
Alderma n El l iott, Smith, McCleary, Sansing , Ray , Rin ker , Fletcher , and
Howard voted AYE. NAY (0). MOTION CARRIED. Where upon City Attorney
Bamburg read the heading of Ordinance 1306 .
5
OOC032
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1, 2007
7 :00 P .M. -8 :24 P.M.
Alderman Sansing moved, seconded by Alderman Howard that Ordinance 1306
be APPROVED AND ADOPTED . ROLL CALL: Alderman Ell io tt, Smith , McCleary,
Sansing, Ray, Rinker, Fletcher , and Howard voted AYE . NAY (0). MOTION
CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1306 THIS 1 st DAY OF MARCH 2007 .
b. ORDINANCE 1302 (#1-07) Tabled at the February 15th City Council
meeting.
AN ORDINANCE TO ESTABLISH AND LAY OFF THE CITY OF JACKSONVILLE MUNICIPAL
MULTIPURPOSE PROPERTY OWNERS' IMPROVEMENT DISTRICT, NO. FOUR (THE MEADOWS
MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT); DECLARING AN EMERGENCY ;
AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Smith to remove Ordinance 1302
from being tabled. MOTION CARRIED.
Alderman Ray moved , seconded by Alderman McCleary that Ordinance 1302 be
placed on FIRST READING.
Alderman Sansing stated that in reading the minutes of the Planning
Commission found whe re a sewer improvement district was discussed but
nothing as broad as what is being proposed in the Ordinance. He then
questioned what improvements were included in the improvement district
for the Foxwood Estates .
Mayor Swaim stated that the improvement district for Foxwood Estates has
not been proposed to the City Council as yet .
It was determined that of the three existing improvement districts in the
City none are as broad in scope as what is being proposed for The Meadows
Improvement District.
Alderman Ray stated that he would like to speak in favor of the Ordinance
as a win -win situation. He explained that his research revealed that it
is a positive for affordable housing, adding that the homeowne r would not
be a victim of the improvement district . He stated that the i mprovement
district is a government satisfying funded and watchdog . He stated that
other ci t ies carry the same type of improvement district . He stated that
he would recommend that the City Council move forward with the Ordinance .
Alderman Smith spoke favorably of Brian Boroughs and B . J . Boroughs,
adding that his only conce rn would be when the bonds are paid and the
Boroughs are no longer invo l ved in the project . He asked City Attorney
Bamburg if he perceives any problems that would place the City Council i n
jeopardy of passing the Ordinance .
City Attorney Bamburg stated that the only fut ure activity for the City
Council would be the circums tance of appointment regarding commiBBioners
when terms expire.
6
.. 0000~3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7:00 P.M . -8 :24 P.M .
Discussion ensued regarding the affordability of the houses and Mayor
Swaim clarified that the bond issue is strictly to do the improvements
and the financing would be through local lending institutions such as VA,
FHA and conventional type funding.
Alderman Sansing stated that part of the risk that developers have to
take are the improvements that are made to subdivisions prior to selling
lots, adding that this proposal seems to remove any incentive from any
developer to take any risk when develop ing a subdivision .
In response to a question from Alderman Smith , City Attorney Bamburg
clarified that the City Council as a body e ither votes to approve or
deny, but does not have any discretion beyond that point . He stated that
is the way the Statute reads .
Alderman Ray stated that this is a new idea that has not been presented
to the City Council before, a new idea regarding the financing of a
subdivision. He stated that while it may be new to Jacksonville it is
not n ew in other places around the Country.
In response to a question posed by Alderman Fletcher, Mr . Brian Boroughs
stated that the original intent was a sewer impr ovement distr i ct ,
clarifying that because the Jacksonville Wastewater Utility does not
accept this sewer system as a valid alternative, they are required to
provide long-range operation and maintenance of the sewer grinder pumps .
He stated that because of that th ey have to use the vehicle of an
improvement district to not only fund those improvements but to provide
for long-term o&m and a management structure . He cont i nued that in the
process it was previously explained that it changed because of the
process of borrowing money. He stated that an improvement district by
the Statute requires it to be in first position as far as materia l and
l ien rights. He went on to say that the financial institution that they
are dealing with is not comfortable with being in second position . He
stated that to accomplish getting the bank out of second position they
would borrow money in total and at the end point i n t ime the bonds are
sold in the amount of the improvements. He stated at that point the bank
is paid off and the improvement district would then act as a development
loan. He stated that there would be a lot release price per lot at the
point of sale. He continued that when the lo t is sold , the assessment
that is attached to that lot, of the 111 lots , reduces the overall
assessment by that amount. He stated that when th i s is done there would
be a remaining balance, which is less than 25% of the total . He
continued that the remaining 25% after the lots are sold is the amount
that the original improvement district would have borrowed . He stated
that the repayment is structured so that 25% of the balance is paid off
via the tax bill that carries a long-term o&m cost to maintain the system
and repay the bonds. He related that the reason it is worded that way is
to accomplish financing. He stated that the reason it provides a lower
cost housing is the lot can be sold at a reasonable price range because a
portion of those improvements are paid back over time , making the project
feasible . He stated that the development could be done without using
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1, 2007
7 :00 P .M. - 8 :24 P .M.
an improvement district at all if Jacksonville Wastewater would accept
their sewer system. He stated that neighboring cities accept the grinder
pump systems . He stated that the district is needed to handle the long-
term o&m .
Mr . David Orsin i stated that it would not change the way financing is
ordinarily done. He stated that the developer wo u ld borrow personally
the cost and build the entire subdivision as any subdivision is built .
He continued that the change comes in at the end when it comes time to
sell the individual lots and put in the grinder pumps , saying that
portion will end up being paid through the improvement district .
Alderman Sansing stated that he did not understand why with three other
improvement districts that the financial institutes were comfortable with
just a small part of the improvements . He stated that his purpose is to
see that whoever purchases homes are not blindsided by the fine print in
the future .
Mr. Brian Boroughs exp l ained that when the bond i ssue is made his
Corporation is bound by the Statute to repay those funds. He stated that
assuming only ten lots sold, he would be responsible for the interest on
the bonds and would have to pay that. He stated t h at the bond sells are
based on the validity or the financial backing of the developer . He
added that it might look on paper as if it could be passed off , but when
the tax bill comes in October and if the lots have not paid their
assessment then he is responsible. He stated that the savings to his
company in the short term is a better i nterest rate and flexibility , but
the reason developer s do not do t his is because they do not want to be
hamstrung to that long-term repayment . He stated that because they have
to operate and maintain the improvement district in perpetuity , there has
to be a vehicle in place where they re-assign commissioners and where
there is a management s t ructure in plac e. He related that this is no
different from a water district , adding that it has to be managed and
overseen . He noted that Jacksonville Wastewater Department would get
revenues from 111 lots but will never have to operate or maintain the
system.
In response to a question posed by Alderman Fletcher , Mr . Boroughs stated
t hat the subdivis i on wou l d be done in one phase because there is a
significant amount of dirt excavation that will be moved from what would
come out of the fi r s t phase to go into second and third phases. He then
answered that the costs of having individual grinder pumps and a
conventional gravity sewer with a pump station are much the same , adding
that mostly why individual grinder pumps were selected is because it has
to do with construction and speed from a developer's perspective. He
exp l ained that the topography of the ground is steep and that would
require deep sewer which runs up the cost and time factors. He stated
that with t he system being proposed , it is like a water line being buried
3' deep , adding that the street crossings will not be as invasive .
8
-
CJ0 2-B5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEE TING
MARCH 1 , 2007
7:0 0 P .M. - 8 :24 P .M.
In response to a question posed by Alderman Fletcher , Mr . Bond related
that he had first proposed this type of sewer system to the City of
Cabot , noting that it was first utilized in the City of Hot Springs and
is now used in many of the reti r ement communities . He then related t h at
he convi nced Cabot to accept this in their wastewater system , saying that
there are 868 now in the Graystone Subdivision . He stated that this
system reduces t h e infiltration 40% on the f ront end, plus it is used
when there i s difficult terrain . He stated that the good thing on the
development side is that typically the installation is small diameter
pipes tha t are laid li k e water pipes , which is not installed until the
house is built. He added that he had to convince the Health Department
that the eco n omi c s we r e good , saying tha t in t he end the co s ts are about
the same . He stated that the homeowner pays f or the pumping so the City
does not have any electrical costs . He stated that he feels this is the
wave of the f uture, a c knowl edging the conve n ience of repairs if needed.
In response to a question posed by Mayor Swaim, Mr . Bond stated that he
wa s not sure , but would venture to guess , that Hot Springs Village
probably used this same type of vehicle. He then added that Foxwood
Estates wou l d also use thi s type vehicle . He then stated t hat he feels
this vehicle is much better than a property owners association , because
this is a governmental agency that has regulation through the City
Council as the authority to approve appointments . He stated that one
advantage to the improvement district is that the taxes are levied and
are part of the tax bill whereas with the p r operty owners' association
bills are sent out but co l lections can be difficult .
Alderman Elliott stat ed t h a t he does not believe there would be a problem
on the front end , but questioned what might happen subsequently when
other comm i ssioners are appointed after the Boroughs have finished the
project . He stated that h i s fear would be that the homeowners would hold
the City responsible for what should be handled by the improvement
district commissioners .
Mr . Boroughs stated that the Statute makes that possible and he as a
developer is trying to follow what he has available to him .
Alderman Elliott stated that while a Statute might provide for that , the
Ci ty Council has to be concerned with the best interest for the City .
Alderman Sansing stated that his problem is with a financial institution
that asked the City to accept everything in the improvement district . He
noted that the other three times an improvement district was proposed the
developer was not forced to make the City offer them carte blanche .
Mr . Orsini stated that the other financial ins t itutions may not have
realized that they were second .
City Attorney Bamburg clarified that the previous three imp rovement
districts were done toward the end of the developments . He stated that
apparently their manner of financing was different from what i s presently
9
OJCOSS
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P .M . -8:24 P.M.
planned . He recal led that two of the three were specifically done to
address sewer purposes. He stated that all parts of the construction
loan were paid off by the time the improvement districts were formed,
which kept the bank in the position of number one.
In response to a question posed by Alderman Fletcher, City Attorney
Bamburg stated that the J a cksonville Wastewater Commission addressed the
process of grinder pumps before being prese nted to the Planning
Commission . He related that the circumstance of u sing a pump grinder
system is not acceptable by the Utility under the current policies and
procedures . He stated that the sewer system will collect the waste that
comes out of the improvement district 's system, but it would have already
gone through the pump grinder systems before going into a manhole . He
stated that Mr. Bob Williams has concurred that it is a win-win situation
as long as the waste were treated prior to going into the manhole. He
related that the Wastewater Department has no obligation to maintain or
assist in the maintenance of the system wi thin the improveme nt district.
Alderman Elliott stated that he does not feel there would be a problem
with the grinder pumps and their operation , adding that his concern would
be the additiona l improvements i ncluded in the improvement district and
citizen complaints if not managed properly later .
Mr. Boroughs stated that even when he is no longer a commissioner it
would not negate his initial financia l responsibility to the district,
adding that he has a long -term financial interest in the ma intenance of
the district even when new commissioners are appoi nted .
Mr. Orsini clarified that all improvements except the grinder pumps and
force mains would be dedicated to the City, as with any other
subdivisions. He stated that the improvements would be constructed to
City standards and then dedicated to the City .
Mayor Swaim clarified that the improvements would be accepted by the City
with the approval of the Final Plat , adding that there would be a one-
year maintenance for the streets, curbs, gutters , and utilities.
Discussion ensued regarding at least 20 items listed under section one of
the Ordinance.
Alderman Fletcher stated that there would be no progres s if everyone were
always against anything that was new or different. He stated that he did
not feel there would be a problem regarding the quality or service ,
because of the number of checks and balances built into the program. He
related that he feels more comfortable with the proposal than he did this
afternoon. He then stated for the record that he does not have a problem
with the proposed improvement district for the development.
Alderman Elliott noted that the Ordinance specifically sta t es t hat any
and all improvements will be main t ained by the improvement district .
10
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1, 2007
7 :0 0 P.M. -8:24 P.M .
Mr. Boroughs s t ated that he feels the wording was used to maint ain a
broad ranging scope so they had some flexibility .
Alderma n El l iott reitera ted h i s concer ns regardi ng t he main tenan ce of a ll
improvements within the impr ovement district .
Mr . Borough s stated that it i s no t his i ntention.
Alderman Ray called for a question to the motion . MOTION CARRIED with
Alderman Elliott voting NAY.
ROLL CALL : Alderman Elliott , Sm i th , McCleary , Sansing , Ray , Rinker ,
Fletcher, and How a rd voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Or dinance 1302 .
Alderman Elliott quest i oned if the fut u re maintenance of exactly what
improvements should be clarif i ed in writing to make it understood that
the improvement distr i ct would only maintain the sewer .
Alderman Ray left the dais at approximately 8 :05p .m .
City Attorney Bamburg clarified tha t the Ordinance presented to the City
Counc i l is the ordinance that was presented by the distr i ct 's attorney .
He stated that the circumstance is the Council authorizing or not
authorizing an improvement district , adding that any chan ge to indicate
that the district is not going to be responsible for maintaining an i tem,
would come to the City at the point of final plat approval . He clarified
that an improv ement distr i ct can e i ther be responsible for t h e
maintenance of those i terns , or they can make a contract with the
governmental entity to do it separately . He stated that he believes
Pennpointe and Base Meadows Subdivisions have contracts with the
Wastewat er Utility for the maintenance of the sewer imp rovements .
Alderman Ray returned to the dais at approximately 8 :06p .m .
City Attorney Bamburg then clarified that in this circums t ance
written , it is being indicated that the i mprovement district
maintain all improvemen ts made by the d i strict .
as is
will
Alderman Elliott stated that his contention all along has been that the
deve l oper has stated that t h e Ci ty wi ll take the improvements but the
written document does not support that claim.
Mr . David Orsini stated that the Ci ty Council has heard Mr . Boroughs say
what his intention is , adding that th i s is governed by State Statute and
one of the things that the Statute specifically says is that a district
like this can sell or give away any part of its services , and it can
merge with other districts. He then added that another one of the
things it specifically says is that an improvement district like this is
authorized to deed or grant its improvements over to any municipa l ity .
11
0]C08 2 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P.M . - 8 :24 P .M.
He continued that the Statute specifically allows this Meadows
Improvement District to do that, but it cannot do i t against the City 's
wishes. He stated that unless Jacksonville turned down the other
improvements such as streets or sidewalks then the imp r ovement district
is authorized by Statute to give it to the City. He said the whole
purpose is to give the streets to the City , saying that the reason you
give the streets and everything to the City is because the maintenance is
too expensive for home ow n ers. He stated that there would be no reason to
keep t hose improv ements .
In res ponse to a question posed by Mayor Swaim, Mr . Orsini stated that he
is not awa re if the Statute authorizes it being amended but added that he
knows Mr. Boroughs would not object to amending the wording to give the
improvements to the City .
Discussion ensued as to whether the petition would also need to b e
amended.
City Attorney Bamburg clarified that the petition is sub mi tted by the
petitioner, which wou ld have to be amended , adding that the City Counc il
has authority t o amend the Ordinance. He continued that if the
petitioner presented a statement that he will amend and then submits an
amendment that could support wh ether the Ordinance would be amended . He
then noted t hat at the time of final plat approval the district could
execute the appropriate documents to submit those i mprovements to the
City . He stated that i f the district does not do that, then this
Ordinance as presented and the petition as it exists conveys that the
district would ma i ntain t hose items .
Alderman El liott stated that he f ee ls the City n eeds that amendment ,
othe r wise he would not feel comfortable approv i ng the f inal plat .
Mr . Boroughs stated that all he is asking is for the dis t rict to have
authority t o do it, adding that even if you amend the petition it would
only be amending its a uthority. He stated that they have given the
district broad ranging au thority and that is what t hey wanted , but have
the option t hrough the Statute to amend that downs tream . He stated that
all this does i s give the district aut hority to maintain the improvements
themselves .
Mayor Swaim stated that he believes the confusion is that it a l so affects
the money, the p ay -off of the lots because t hat go es to pay for the
stree ts . He added tha t h e does not understand how it would affect Mr .
Boroughs if Alderman Elli o tt 's amendment were placed on it, pointing out
that it would eliminate the ability for the district to maintain those
improvements even if desired.
Mr . Boroughs stated that it would be semantics.
Alde rman Ellio tt noted that t he final plat h a s to be a pproved before lots
can be so l d , adding that he would not be wi lling to approve the final
plat until the improvements are in and dedica ted t o the City.
12
OJCJ29
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2007
7 :00 P .M. - 8 :24 P.M.
City Attorney Bamburg stated that a final plat cou l d not be approved
unl ess the appropriate improvements are in and pass City standards .
In response to a question posed by Alderman Sansing, Mayor Swaim noted
that the amount of bond sale to handle just the grinder pumps would not
be enough to do a bond issue.
City Attorney Bamburg clarified that there would have to be an act of
donation at the time of final plat, either through the final plat or some
other separate document. He then added that given it is an improvement
district, it would be better to have a separate document to go along with
the f inal plat.
In response to a question posed by Alderman Fletcher, City Attorney
Bamburg stated that it would be up to the City Council 's discretion ,
explaining that the Ordinance could be amended now if the petition were
amended or it could be addressed at the time of final plat. He added
that if it is not addressed and the Ordinance remains as is and the final
plat is approved with the improvement district being responsible for the
maintenan ce, then the City takes on no obligation of ma intenance or
ope ration for any of the improvements throughout the improvement
district .
Alderman Elliott noted that in theory that wou ld be great if e v erything
went well all the way through but in reali t y tha t mi g ht not happen .
It was c l arified that if the imp r ovements are donated to the Ci ty at the
time of final platting that would be Mr. Boroughs responsibility .
Further discussion ensued regarding amending now or at the final plat
stage.
Alderman Fletcher moved , seconded by Alderman Howard that Ordinance 1302
be APPROVED on FIRST READING. ROLL CALL : Alderman Elliott , Sm i th ,
McCleary , Sansing, Ray, Rinker, Fletcher , and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Smith moved, seconded by Alde r man Ray to suspend the rul es and
place Ordinance 1302 on SECOND READING . ROLL CALL: Alderman E lliott ,
Smith , McCleary, Sansing, Ray, Rinker , Fletcher, and Howard voted AYE .
NAY ( 0) MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinan ce 1302.
Alderman Fletcher moved, seconded by Alderman Ray to further s us pend the
rul es and place Ordinance 1302 on THIRD and FINAL READING.
Alderman Sansing stated that he hoped this would not set a precedence for
the future .
ROLL CALL: Alderman Elliott , Smith, McCleary , Sansing, Ray , Rinker ,
Fletcher, and Howard voted AYE. NAY (0). MO~ION CARRIED . Whereupon City
Attorney Bamburg read the heading of Ordinance 1302 .
13
O'JQC~O
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1, 2007
7:00 P.M. -8:24 P.M .
Alderman Howard moved, seconded by Alderman Ray that Ordinance 1302 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing , Ray , Rinker , Fletcher , and Howard voted AYE . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1302 THIS 1 st DAY OF MARCH 2007 .
d . Request to accept bid drainage ditch Hill and Braden Streets
Alderman Ray moved, seconded by Alderman Sansing to accept the low bid
from Building & Utility Construction in the amount of $113,800 with funds
to be drawn from the Capital Drainage Fund. MOTION CARRIED .
e. UPDATE Graham Settlement Drainage Committee
Alderman Ray stated that an agreement had been preliminarily reached,
informing the City Council that the City would be responsible for grading
the existing ditch between Graham Settlement and Heritage Park, adding
that the developer would be responsible for construct i ng 140' o f privacy
fence and individual builders would sod the yards . He stated that it is
his hope that this compromise will satisfy the City , developer , and the
homebuilders. He then answered that the proposed p l an would cost less
than $5,000.00 , adding that the City's cost would be labor and equipment ,
and the other costs would be born by the developer and builders .
Mayor Swaim stated that a fear he still has is the concern from property
owners regarding the significant amount of water that move s down the
street and pudd les in the corner , explaining that this solution is not
designed to address that issue. He noted that this would only solve the
problem o f the unsightly ditch between the two s ubdivisions . He stated
that he does not want complaints in six-months requesting that the street
be fixed and a drainage pipe installed.
APPOINTMENT(S): BOARD OF ADJUSTMENT APPOINTMENT
Alderman Smith moved, seconded by Alderman Howard to approve the
appointment of Glen Keaton to the Board of Adjustment for a term to
expire 5/05/2010. MOTION CARRIED.
ANNOUNCEMENT ( S) :
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 8 :24 p .m . MOTION CARRIED .
Respectfully ,
14
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
March 15, 2007 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
Fire Department
6 . WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
r-8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT :
10 . STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13 . PLANNING COMMISSION :
14. GENERAL: a .
b .
c .
d.
Regular City Council Meeting
March 1, 2007
Regular City Council Meeting
February 15, 2007
Regular Monthly Report/February
Police Chief Robert Baker
Regular Monthly Report/February
Mayor Swaim
Regular Monthly Report/February
Fire Chief John Vanderhoof
Set public hearing: Condemnation
proceedings for April 19, 2007
(Mayor Swaim)
Set public hearing: Abandon i ng
railroad crossing on Graham Road
for April 5 , 2007 (Mayor Swaim)
Request start-up funds for the Keep
Jacksonville Beautifu l Program
(Alderman Stroud)
Request approval of the 2006 CDBG
CAPER Report (Mayor Swaim)
CJ0 0 91
5 . APPOINTMENTS : ADVERTISING & PROMOTION COMMISSION :
16. ANNOUNCEMENTS:
ADJOURNMENT
Reappointment of Mayor Tommy Swaim and
Jim Hurley to a second four-year term to
expire 3-31-2011
OOC~92
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15 , 2007
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 , Ar k ansas met in Regular
Session on March 1 5 , 2007 at the regular meeting place of t he Counc il.
Mayor Swaim delivered the invocation and Alderman Fle tcher led a standing
audi e nce in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Ell iott, Sm ith , McCleary, Sansing , Rinker, Fletcher ,
Stroud , and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum . PRESE NT eight (8), ABSENT (2). Al dermen Tw itty and Ray
were absent.
Others present for the meeting were: City Attorney Robe r t Bamburg, Deputy
Clerk Linda Dulaney, Finance Di rector Paul Mushrush , Public Works
Director Jim Oakley, Parks and Recreation Director Geo rge Biggs , Police
Chief Robert Baker , CDBG Director Teresa Watson , Mrs. Addie Gibson , Mr .
Daniel Gray , Mr. La rry Smith, interested cit i zens and member s of the
press.
PRESENTATION OF MINUTES :
Mayor Sw a im presented the minutes of t he regu l ar City Council meeting of
March 1 , 2 0 07 for approval and/or correction at the n ext regularly
schedu l ed City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 15 February 2007 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Sansing moved , seconded by Alderman McCleary to approve t h e Regular
Mon thly Repor t for February 2007. Said report refle cts the Total Value o f
Reported Stolen Property $29 ,757 . Total Value of Recovered Stolen Property
$22 ,55 6 and Total Report Sales $832.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Sansing moved, seconded by Alderman McCleary to approve t he
Regular Month l y Report for February 2007 . Said report reflects:
PERMITS/LICENSE ISSUED
Bu i l ding Pe rmits
Business License
21
18
UNSIGHTLY & UNSANITARY
Grass Letters 0
0
15 4
20
Letters 5
$1 ,921.42
Property Mowed
Trash Letters
Trash Removal
Property Maint.
Costs
INSPECTIONS PREFORMED
Building Insp e ct i ons 67
HVACR 27
Electrical 75
Plumbing 74
VEHICLES
Notice of Noncompliance
T owed
CONDEMNATIONS
Structura l Ma int . Letters
Structu ral Repairs Made
Demolitions
1
27
3
0
0
0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
OJO G93
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15 , 2007
7:00 P.M. -7:18 P.M.
Alderman Sansing moved , seconded by Alderman McCleary to approve the Regular
Monthly Report for February 2007 from the Jacksonville Fire Department,
which reflects a fire loss of $1 ,200 and a savings total of $0 .00 .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Sansing moved , seconded by Alderman McCleary to approve the
Regular -Monthly Animal Control Report for January and February 2007. Said
report reflects :
JANUARY
ADOPTION/FINES :
CONTRIBUTIONS :
TOTAL :
$1,930.00
$ . 00
$1,9 3 0 .00
FEBRUARY
ADOPTION/FINES:
CONTRIBUTIONS:
TOTA L:
$2,480.00
$ 168.85
$2 ,648.85
ROLL CALL: Aldermen: Elliott , Smith, McCleary, Sansing, Rinker , Fletcher,
Stroud, and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT ;
PLANNING COMMISSION :
GENERAL : a. Set Public Hearing for condemnation proceedings for April
19, 2007
Mayor Swaim related that annually a list is prepared regarding houses
considered for condemnation based on their condition, explaining that
e fforts are made to help the homeowner identify Code violations to bring
the home back into Code . He stated that if efforts are unsuccessful then
the homes are moved forward in the condemnation process .
Alderman Stroud moved, seconded by Alderman Sansing to set a public
hearing April 19, 2007 at 7:10p.m . regarding condemnation proceedings .
MOTION CARRIED.
b. Set Public Hearing for abandoning railroad crossing on Center Street
near Graham Road for April 5 , 2007
Mayor Swaim related that the crossing has been closed for approximately 4
years . He added that or i ginally , the railroad took out the crossing but
he had asked the railroad to put the crossing back pending determinations
regarding emergency situations . He stated that the public hearing would
be to address the crossing only not the road right-of-way, explaining
that the City would continue to maintain the road right-of-way . He
stated that the request comes from the railroad because they are st i l l
using the arms and blowing the whistle . He added that t here have been
numerous complaints regarding the train whistle being blown when the
crossing is closed. He stated that when the crossing is abandone d the
railroad will take the arms down and stop blowing the whistle .
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15 , 2007
7:00 P.M. -7 :18 P.M .
In response to a quest ion posed by Alderman Sansing , Mayor Swaim stated
that even if the arms are taken down he is not sure if the re we re a
condition sometime in the futur e that would demonstrate t he need for a
crossing and that it was not a safety hazard. He stated that the dilemma
with the intersection was that 4 million dollars was spent building the
overpass because it was a dangerous crossing but 200 yards away t h ere was
another i ntersection that was jus t as dangerous . He sta t ed t hat the
agreemen t was that bo th int e rsecti ons would be closed.
Alderman Smith moved , seconded by Alderman Howard to set a public hearing
April 5, 2007 at 7 :10 p.m . regarding abandoning a railroad crossing on
Center Street . MOTION CARRIED.
c . Request start-up funds for the Keep Jacksonville Beautiful Program
Mayor Swaim related that the City had helped with funding to obtain the
des i gnation for Keep Jacksonvil le Beauti ful , adding that the organization
is wor king diligen t ly on pro jects to h elp Jac k sonville. He stated that
if approved, Ci t y Attorney Bamburg would prepare an agreeme nt that would
allow the City to cont ract with the Keep Jacksonville Beauti ful
organizat ion for certain events during the year .
or J acksonville Beautiful
benefits for every dollar
Cha i rman of the finance
adding t h at they are
Alderman Stroud stated that the Keep America
organ iza tion can give back seven dollars in
invested. He introduced Mr . Daniel Gray ,
committee for Keep Jacksonville Beautiful ,
request ing $2 ,500 .00 f or start-up f unding .
Alderman Smith moved, seconded by Alderman Howard to approve
appropriation of $2,500 .00 for start-up funds for the Keep Jacksonville
Beautiful Program wi t h funds to be drawn from the Contingency Fund.
MOTION CARRIED.
DEVIATION IN AGENDA :
APPOINTMENT(S): ADVERTISING & PROMOTION COMMISSION
Alderman Howard moved , seconded by Alderman Stroud to approve the
reappointments of Mayor Tommy Swaim and Jim Hurley to a second-four year
term to expire 3-21-2011 . MOTION CARRIED .
RESUME AGENDA:
d . Request approval of the 2006 CDBG CAPER Report
Mayor Swaim related that the City has received not i ce that funding for
the 2007 budget year has been approved . He stated that t he amount i s
approximately $279 ,496.00.
Alderman Stroud moved, seconded by Alderman Howard to approve the 2006
CDBG CAPER Report as submitted. MOTION CARRIED.
3
ANNOUNCEMENT { S) :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15, 2007
7 :00 P.M . -7:18 P .M.
Alderman Elliott related future difficulties for ci t ies to obtain federal
funding for CDBG , transportation, a nd the COPS programs . He stated that
funding is a major issue in Washington , D.C. right now, relat i ng that
Mike Ro ss had pointed out that approximately 12 mil lion dollars an hour
is b eing spent in I raq. He stated that other is s ues such as p redatory
lending and hidden credit ca rd fees have been identified as ma j or
problems across the Country . He identified e fforts to protect rights -of-
way and franchising fe es regarding telecommunication i ssues . He noted
that there was a lot of discussion rega rding FEMA 's lack of response to
the tornado in Dumas , Arkansas.
Mayor Swaim stated that early in the funding process, h e had l earned that
funds for CDBG were possibl y go ing t o be cut by 20 %. He stated that if
that had occurred that would have be en approximately $60,000 f rom
Jacksonville 's CDBG funding. He stated that it would down grade
Jacksonv i ll e from b eing a city that is automatically fund ed and
Jacksonv i lle would have to compete on a project-by-project basis for
funding . He stated that the sta ndard procedure for an "Entitlement City"
is $50 ,000 or more , adding that Jacksonville wa s able to obta i n tha t
status in the 70 's and has enjoyed that enti t lement status since that
time without compet ition. He stated t hat if Jackson vill e loo ses i ts
sta t us as an Entitlement City , a grant wr i ter would become n ecessary to
be able to compete . He s tated that given the salary for a grant writer
it would not be feasible . He stated that in order to continue the CDBG
p r ogram the funding needs to r e main at l e ast where i t is currently.
CDBG Director Theresa Watson re lated potentia l anticipation rega rding
possible State funding in order for cities to maintain Ent i tlement
status . She related however that there is unfavorab le opposition to the
proposal .
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 7:18p.m. MOTION CARRIED.
Respec tful l y,
4
OOOG9G City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
April 5, 2007 7:00 p.m.
1. OPENING PRAYER :
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Engineering Department
6. WATER DEPARTMENT:
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
March 15, 2007
Regular City Council Meeting
March 1, 2007
Regular Monthly Report/March
PRESENTATION: Coach of the Year
(Mayor Swaim)
PUBLIC HEARING 7:00 P.M.
ORDINANCE 1307 (#6-07)
Abandoning railroad crossing
on Center Street (Mayor Swaim)
ORDINANCE 1308 (#7 -07)
Amending JMC § 18.06.01 0, 12.04.020
And 12 .06.020 regarding the Land Use
Map (Mayor Swaim)
Set public hearing for Legacy Center
multi-purpose improvement district.
(Mayor Swaim)
JACKSONVILLE HOUSING AUTHORITY
Reappointment of Addie Gibson
to a second term to expire 3-17-2012
JACKSONVILLE SEWER COMMISSION
Reappointment of Vick Farmer
To a second term to expire 04-20-2012
Parks and Recreation Field Dedication for
Dr. Grig~s Excell Park, Field #1 . Saturday,
April141 Ceremonies w i ll begin at 8:15a.m .
Clean-up day will be held Saturday , April141h
Starting at 9:00a.m . Chamber of Commerce
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2007
7 :00 P.M . - 8 :13 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacksonville , Arkansas met in Regular
Session on April 5, 2007 at the regular meeting p lace of t h e Counci l .
Mayor Swaim delivered the invocat i on and Alderman Stroud l ed a standing
audience in the "Pledge of Al legiance" to the flag .
ROLL CALL: Aldermen: E l liott , Smith , McCleary, Sansing , Ray , Rinker ,
Fletcher , Stroud , Twitt y , and Howard answered ro ll call . Mayor Swaim also
answered ROLL CALL declaring a quorum . PRESENT t en (10), ABSENT (0).
Others present fo r the meeting were: City Attorney Robert Bamburg , Deputy
Cl erk L i nda Du l aney , Pub l ic Works Di r ector Jim Oakley , Parks and
Recreation Direc t or George Biggs , Fire Chief John Vanderhoof , Police
Chief Robert Baker , Rep res enting Engineer Jay Whisker , Mrs. Judy Swaim ,
Mrs. Helen St roud , Mr. Joey P r i ce , Mrs . Addie Gibson , Mr . Stewart, Mr .
Larry Smith, Mr. Alfonso Nations, interested citizens and members of the
press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
March 15 , 2007 for approval and/or correction at the next regularly
schedu l ed 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 1 March 2007 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Stroud to approve the
Regular Monthly Report for March 2007 . Said repo rt reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
43
20
UNSIGHTLY & UNSANITARY
Grass Lette rs 9
0
246
22
Letters 4
$2 ,163.27
Property Mowed
Trash Letters
Trash Remova l
Property Maint.
Costs
INSPECTIONS PREFORMED
Bui lding Inspections 96
HVACR 50
Electrical 80
Pl umbing 80
VEHICLES
Noti ce of Noncompl iance
Towed
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
39
0
0
0
0
ROLL CALL : Aldermen : Elliott , Smith, McCleary ,
Fletcher , Stroud , Twitty , and Howard voted AYE .
Sansing, Ray , Rinker,
MOTION CARRIED.
1
00 0098
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2007
7 :00 P .M. -8 :13 P .M.
PARKS & RECREATION: PRESENTATION for Coach of the Year awards
Parks and Recreation Director George Biggs and Parks Commission Chairman
Joey Price recognized 2006 Coach of the year award recipients as Jemima
Reilmann for Soccer Coach of the Year , Tommy Lamb for Baseball Coach of
the Year , and Jon Johnson for Softball Coach of the Year .
Recipients were congratulated by the Mayor and City Council , recognizing
their volunteerism to the youth programs.
PLANNING COMMISSION:
GENERAL: Public Heari ng 7 :00p .m .
Mayor Swaim opened the public hearing at approximately 7 :06p.m.
a. ORDINANCE 1307 (#6 -07)
AN ORDINANCE ABANDONI NG A PUBLIC EASEMENT LOCATED ON CENTER STREET ON THE
UNION PACIFIC RAILROAD TRACKS [GENERAL LOCATION APPROXIMATELY ONE HUNDRED
FEET (100') OF PROPERTY ON CENTER STREET OVER THE UNION PACIFIC RAILROAD
TRACKS]; AND, FOR OTHER PURPOSES .
Mayor Swaim offered a brie f background, saying that when the City applied
for Federal funds to build the railroad overpass, one of the agreements
with the Railroad was that both crossings would be removed. He related
that publ ic hearings were held and it was announced that both crossings
would be closed . He went on to say that the City requested that the
Center Street crossing be left open for 1 year to evaluate emergency
situations , adding that it has actually been left open for 4 years. He
noted that Union Pacific removed the crossing several years ago,
explaining that the Ordi nance is a formal i ty to abandon the easement that
the Railroad had the cross i ng on. He stated that this was a request from
the Railroad , adding that the City may be remiss in not having the
easement abandoned sooner.
Chief Vanderhoof stated that before the overpass there had alwa ys been a
barrier from one s i de of t own to the other , adding that since the
overpass it has allowed the Fire Department to freely move across the
railroad tracks. He commended having the bridge and its benefits
regarding safety factors .
Chief Baker responded that the ove r pass has allowed both the Police and
the Fire Department to respond faster to calls without having to reroute
in lengthier directions because of t rains .
2
0)009 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2007
7 :00 P.M . - 8 :1 3 P.M.
Mr. Dorsey Hamilton stated that he had been a business owner in
Jacksonville for approximately 25 years and lives on Graham Road outside
t he city limits. He related that his understanding was that the overpass
would end in a different area but has ended up next to a school , saying
that the traffic has worsened in the area . He s tated that because of the
two new traffic light s involved with t he overpass it causes vehicles to
use more gas. He stated that he does not see the justification in
clos ing a street if it causes vehicles to use more gas.
Mayor Swaim responded that often there we r e l ong lines of traffic that
sat idle at the c r ossings waiting for trains to pass , adding that whil e
it may not be statistical, the stop lights do not cause a difference in
the use of gas in vehicles . He added that the signalization is a safety
issue. He stated that he respects Mr . Hamilton 's opinion but feels that
it is safer for the children to walk on the extra-wide sidewalks provided
on the overpass than for them to run across the railroad t r acks when
walking home .
Mr. Hamilton stated that clos i ng the street is like sayi ng that they live
on the oth er s ide of the tracks .
Mayor Swa im pointed out that the reason the overpass was built was to
join the west side and east side of the tracks without i n terference from
the railroad tracks, to provide guaranteed access that did not exist
before. He stated that those who worked hard to see the overpass built
did so in an effort to stop t he perception of different sides of the
tracks.
Mr . Hamilton stated that Cabot is "running off and leaving Jacksonville"
and it is because of that r oad. He continued that the people who live
further out on Graham Road are getting jobs in Cabot and not in
Jacksonville , adding that they also shop in Cabot and the area has lost 4
or 5 businesses . He stated that in his opinion, it is hurting the
economy of Jacksonville .
Mayor Swaim stated that there are many reasons why cities grow or do not
grow, adding that the school system is the major reason Jacksonvi lle has
not grown faster .
Ms . Celeste Wil l iams a resident of South Road , stated that she is a 23 -
year military veteran who has chosen to reti re in J acksonville. She
stated that she was glad to see the ove rpass con structed but fe lt that
the railroad crossing was only temporarily closed . She then stated that
she would like an option regarding cross ing the overpass or using the
rai l road crossing . She stated that if there were an option during peak
traffic, people would choose to use the crossing rather than the
overpass . She then explained her difficulty with making the left hand
turn from South Road regarding traffic conditions , citing that it is a
safety hazard . She stated that closing the railroad crossing closes off
the community and makes them feel separated , adding that it div ides the
City in half .
3
OJ01JO
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2007
7 :00 P .M. - 8 :13 P .M.
Mr. Thomas Washington a resident of 27 Wright Circle, stated that in the
beginning he felt the overpass was a "bone ideau . He added that as far
as the gas problem, you could turn your car off if you are waiting on a
train, which he stated he does all the time. He stated that he feels
Graham Road should be an option, adding that the residents do feel l i ke
outcasts on the other side of the tracks. He stated that he feels the
Road should be opened .
Mrs. Carol Calhoun a resident at 305 Graham Roa d , related that their
business Calhoun Electric is located across from her residence. She
stated that they have lost business because of the decrease in traffic on
the Road. She related that their business has been broken into three
times since the closing and graffiti appears on several buildings
including their business. She continued saying that it is as if they do
not matter anymore because they are on the other side of the tracks . She
stated that they purchased the business 30 years ago and now they do not
get business from traff i c on the street . She cited b us inesses that have
closed in the area, saying that there is nothing in the area and that it
has become a hangout . She then stated that as far as the School, they
are walked to Oak Street where there is not a sidewalk and then the kids
are let go .
Mayor Swaim acknowledged that as a separate iss ue and a safety issue tha t
would be addressed by the City.
Ms. Jean Spivey related that her mother is a 35-year resident of 124
Cherry Street . She related the increase from 4 to 5 minutes to 10 to 15
minutes to get from her house to her mother 's house because of the
railroad closing. She stated that she feels the traffic light on Main
Street on the west side of the overpass is useless because t here is not
traffic there. She then questioned why if there were two crossings that
both had to be closed, saying that it is more con venient to go down
Graham Road and frees up the traffic for the bridge . She then added that
she does agree that the overpass was needed for safety as well as the
Fire and Police . She stated that, however it is discrimi n ation as the
wrong side of the tracks. She stated that she does not understand why
they cannot still have that access , saying that there were two before and
now the r e is only one .
Mayor Swaim explained that the crossings were a safety issue . He re l ated
that the crossings were too close together, adding that the Railroad does
not allow crossings that close together anymore.
Mrs . Sp i vey stated that there would only be one now that the overpass has
been bui lt, saying that if nothing else it is an irritation factor and
that the distance around is more like eight or nine blocks instead of two
blocks . She added that the area has lost small businesses and there is
nothing in the area now, not even a place to sell milk and bread . She
stated that it is a low-income area with a significant number of elderly
with transportation problems, adding that she does not understand why the
City could not have both . She added that the residents are not against
the overpass, but the closure is inconvenient and it cuts them off .
4
OJC10~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2007
7:00 P.M . -8:13 P.M.
Mayor Swaim explained that the r e ality is that the overpass would
never have been built if the C ity had not agreed to close both
crossings. He added tha t there is obvious inconvenience to some
residents but the difference of having the overpa ss is significant as
opposed to leaving the area as it was.
Mayor Swaim asked if anyon e else would like to speak in opposition, there
was no response from the audien ce, he then asked for those who might wish
to speak in favor.
Ms . Elia Feldman stated that she is in opposition to the abandonment of
the railroad crossing. She stated that she realizes this is an issue
the City has struggled with for a long time, but she would encourage the
Aldermen to look at how many people are being affected by the closu r e .
She asked if there were a study done regarding the closure effects of the
Graham Road neighborhood .
Mayor Swaim related that there had been a safety feasibility study
conducted regarding the two crossings.
Ms . Feldman then asked if any outside Federal or State agency had looked
at the impact that the closing would have on the neighborhood.
Mayor Swaim stated that he was not aware of any economic i mpact statement
that was made.
Ms. Feldman stated she feels that an agency needs to look at how the
people are being affecte d, noting that it is mostly low-income and
elderly people . She stated that there use to be a store where people
cou ld buy staples and gas . She stated that unfortunately we live in a
world of terrorism, questioning that if power were to e v er shut down on
that side of town, where would people go for food . S h e reiterated that
an outside agency needs to look at what is happen ing to the neighborhood,
adding she does not feel that anyone can deny that the neighborhood has
been impacted. She then agreed that the overpass is good for t he
Community but added that you cannot bring in something a nd think tha t it
is going to solve the problems completely . She stated that the ideal
situation on Graham Road would be to give the neighborhood an option.
Mayor Swaim clarified that the 7-Eleven convenien ce store had closed long
before the crossing closed.
Mr. Jerry Calhoun related that he is the owner of the electrical business
on Graham Road, stating that the 7 -Eleven store closed after the owner
found out the crossing was going to close.
Alderman Twitty posed the question if the store was mainly us ed by the
residents why would they not continue to use it.
Mrs. Calhoun responded from the audience saying that i t was used but it
began to be unsafe and the property values are going down .
5
O .... c ... f"\1 , j · _;_ :_; ·-
CITY OF J ACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2 007
7 :00 P .M . - 8 :13 P .M.
Mayor Swaim offered for anyone else to speak in favor or opposition , with
no response he closed the public hearing at approximately 7:36p.m .
Alderman McCleary stated that he was not on the City Co uncil when the
crossings were closed and the overpass was cons tructed adding that he did
not initially understand the closing or the safety issues. He stated
t hat he would like to review some of the safety factors involved , adding
that he is not sure reopening the crossing is the right answer . He
stated that he sympathizes with the area residents, since he lives in the
area. He added the he would like to look at additional options but is
not sure regarding safety co ncern s if reopening is the answer.
Alderman Sansing stated that he is an alderman of that Ward and has been
in opposition of the Graham crossing closure since its incepti on . He
re l ated that he bel ieve s if there is no train coming , people would easily
take the Graham Road option and if there is a train coming then they
could use the bridge. He continued that if there were no train coming
then it would reduce the amount of traffi c going directly by an
elementary school. He stated that the problem he foresees with the
Ordinance is that once the crossing is formally closed it would probably
never be able to be reopened. He stated that if the crossing is given
back t o the rail road then the option for future generations is taken
away. He stated that concern i ng discrimination in the eyes of the
military if someone felt you discriminated against them, then you had in
fact . He stated that in terms of wh at he learned of discrimination
r egarding the military, if the re s idents feel they have been
discriminated against, the n they have. He stated that it is incumbent on
the City Council to do whatever it can to make no section of this town
feels that way .
Alderman F letcher stated that he has been on the City Council for
app r o ximately 30 years and the t ruth of the matter is that the vast
majority o f t he money spent in this Community has gone into that Ward.
He continued that the mon ey has been spent on drainage and Community
parks, adding that it i s not a case that the City has neglected tha t
area . He stated that he would like the City to go back to the Railroad
and let them know t h ey are concerned about t he economic situation for
t hat part of town . He stated that if h e were a n entrepreneur h e would
es tablish a sma ll "mom and pop" grocery store , adding that for some
reason one has not taken off there. He stated that the City 's intentions
have been good, acting with public safety i n mind .
Alderman Sans i ng a cknowl edged t h at Alderman Fletcher 's comments were
correct, explaining that his Ward has the oldest infrastructure in t he
City. He stated that h e is talking about perception , adding that he
believes in the people having an option. He stated that the cross ing is
c lo sed temporarily and the City i s acting out of what its part of the
agreement to be. He added t hat h e believe s the City should not give up
its right f or that cross ing and the passage of this Ordinance would make
it impossible to readdress thi s is sue.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2007
7:00 P .M. - 8 :13 P .M.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1307 be
placed on FIRST READING.
Alderman Smith stated that he is aware that often citizens do not attend
public hearings , adding that as t he Mayor as already indicated there were
five public hearings and virtually no one came . He noted that it was
rep o rted i n t he newspaper at that time, adding that he did not hear much
publ i c comment at that time.
Mayor Swaim clarified that the abandonment of t he right-of-way is be ing
abandoned to the City of Jacksonv ille, the easement remains in the
possession of the City of Jacksonville . He went on to explain tha t the
Rail road has requested this action so that they can remove t he crossing
arms and stop blowing the whist l e .
Alderman Sansing related that he had spoken with City Attorney Bamburg
and while it is true that the City would still have that l and, getting
the Ra ilroad to allow the City to reopen the c r ossing would require the i r
consent as confi rmed by City Attorney Bamburg.
In respons e to a question posed by Alderman Tw itty, Mayor Swaim clarified
that the condition in receiving the 4 million dol l ars to const r u ct the
overpass was that both c r ossings be closed because of safety issues . He
r eminded the City Council tha t the Director of Metroplan had previously
testified in Council that if the City did not keep the c r oss ing closed ,
there is a strong possibil ity the City would have to repay a ll or a large
part of the 4 mil lion do l lars . He reiterated that the closures were
predicated on safety issues, explaining that Federal funds were used to
construct the overpass . He then stated that the reason the Federal
go ve rnme nt agreed to build the overpass was because it was determi ned
that it was a sa f ety factor . He re lated that one of the five public
hearings was held at the Jacks onvi l le Elderly Activity Center and was
very poorly attended, surmising that there were only approximately five
people who attended.
Alderman Fle tcher questioned if ther e is any possibi lity to revisit the
issue and ask if there could be consideration for reopen i ng the crossing.
Mayo r Swa im stated tha t the City is held by t he agreement , which followed
five public hearings. He sta ted that those who attended t he public
meetings expressed a positive attitude and wanted an overpass . He
clarified again that the closings were part of the agreement to have the
ove rpa ss because of sa fety issues .
Alderman Smith reiterated his e arl i er observat i ons regarding attendance
at the public hea r ings , a dding that he had hear d virtually no one that
was against the p r oposal .
Mayor Swaim recognized , for his second opportuni t y to address the City
Council, Mr. Do rsey Hamilton. He note d tha t the public h ea ring has been
clos ed, asking Mr . Hamilton to please keep his statement brief.
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2007
7 :00 P.M. -8:13 P.M .
Mr. Dorsey Hamilton noted that he has subscribed to the Arkansas Democrat
Gazette since moving to the a r ea of Jacksonville in 1962 , but answered
Alderman Twi tty that he does not take the local paper . He went on t o say
that he was informed by his granddaughter of tonight 's meeting as
advertised in the loca l paper. He stated that 90% o f the area residents
do not take the local paper .
Ms . Ty Stacy stated that she is a citizen and civil rights represent ative
and activist. She asked regarding public notification , how long the
citizens were given to r espond to the clo s ure and if the agreeme nt
between the City and Ra ilroad was to close the street, why was it only
temporarily closed . She added that i t sounds to her t h at the Ci ty is in
breech of contract and did not do the full closure in order to get the 4
million dollars, therefore the Mayor and the Aldermen have to give the
money back . She cont i nued that she feels l ike the City i s putting
pressure on people to oppose a decision that the Ci ty wants , so it can
have more mone y to spend for the City. She s t ated that to be an e l ected
official for any city is to speak fo r and he lp the people, adding that
the City not only has to n otify but also has to ensure that all the
ci tizens are taken care of . She stated that it is irrelevant that there
were only f our or five people a t the previous public hearings , right now
people care and that is all that matte r s. She in s t ructed the Aldermen t o
write that down and know that people care. She stated that her argument
is that the people from the other side of the tracks are being oppressed
and it is like the City Council is saying "we're glad that you guys are
up here , but we have made our decision a n d we are just going to kind of
run over your opinion a nd do what we need to do because we have already
got the money." She stated that she would like to see the actua l City
plan and the building of the bridge and exactly the pub l ic safety that is
being cited that it represents. She stated that it sounds like to her
that it is just an ag re ement to get 4 million dollar s into the City ,
especially if it is not any more safer . She stated that she rode around
and i t seems as if i t is not any more safer than it was . She stated that
she does not feel the re is enough eviden ce to prove t h at Graham Road
needs to be closed .
Alderman Stroud questioned how s he could not see how it i s safer ,
recalling three young people who lost their lives when they went around
the arms of the crossing.
Ms . Stacy stated that yes t erday she went by the train tra cks and sees it ,
as Ms. Fe l dman brought up there are people that live in t h at neighborh ood
t hat do not have vehic l es , so not everyone is not going over t h e
overpass. She stated that she knows as pedestrians if they want to get
across town they are going to cut across . She stated that she feels the
problem still exists .
Alderman Ray called for a question to the motion .
Ma yor Swa im asked for an opportunity to clarify. He t h en clarified that
the agreeme nt stated that the Railroad would leave the crossing in for
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2007
7:00 P .M. - 8 :13 P.M .
one year, explaining that t he Railroad immedi ately took the cros sing out
and he immediately made them put it back for that year . He stated that
the City has not breeched any contracts or disobeyed any agreements. He
related that the condition has existed for four years instead of one
year .
ROLL CALL: Alderman Elliott , Smith , McClea r y , Ray , Ri n ker , Fletcher,
Stroud , Twitty, and Howard voted AYE. Al derman Sansing voted NAY (1).
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1307.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1307 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith,
McCleary, Ray , Rinker, Fletcher , Stroud , Twitty, and Howard voted AYE .
Alderman Sansing voted NAY (1). MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Stroud to suspend the rules
and place Ordinance 13 0 7 on SECOND READING . ROLL CALL : Alderman
Elliott , Smith , McCleary , Ray, Rinker, Fletcher , Stroud, Twitty, and
Howard voted AYE . Alderman Sansing voted NAY ( 1) . MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1 307.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1307 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott , Smith, McCleary , Ray , Rinker , Fletcher , Stroud, Twitty ,
and Howard voted AYE . Alderman Sansing voted NAY (1). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordin ance 1307 .
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1 307 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Smith , McCleary, Ray,
Rinker , Fletcher, Stroud , Twitty , and Howard voted AYE . Alderman Sansing
voted NAY (1). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1307 THIS 5 th DAY OF APRIL 2007.
b . ORDINANCE 1308 (#7-07)
AN ORDINANCE AMENDING JMC §§ 18.06 .010 , 12.04 .020 AND 12 .06 .020 ; AND, FOR
OTHER PURPOSES .
Mayor Swaim noted that amendments to the Land Use Map include the
southeast corner of Loop Road and Military Road from Residential to
Commercial.
Representing Engineer Whisker stated that the Loop Road and Military Road
amendment was to facilitate construction of Victory Lane gas station
approximately one year ago and the corner of Loop Road and Graham Road to
from Comme r cial to Residential to accommodate construct ion of the Graham
Settlement Subdivision . He related that 200 ' either side of West Main
Street to the back of the houses on Shady Lane is being proposed as both
Commercial and Industrial . He stated that t he last amendment would be
9
' oo c_t cs
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2007
7 :00 P .M. - 8 :13 P .M.
property located on Swift Drive that currently has commercial businesses,
adding that the property would be changed from Industria l to Commercial.
Alderman Ray moved, seconded by Alderman Elliott that Ordinance 1308 be
placed on FIRST 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 1308.
Alderman Stroud moved , seconded by Alderman Sansing that Ordinance 1308
be APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Smith,
McCleary, Sansing, Ray , Rinker , F l etcher, Stroud , Twitty , and Howard
v oted AYE. NAY (0). MOTION CARRIED .
Alde r man Smith moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1308 on 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 heading of Ordinance 1308.
Alderman Howard moved, seconded by Alderman Stroud to further suspend the
rules and place Ordinance 1308 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 1308 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1308 be
APPROVED AND ADOPTED. ROLL CALL: Alderman E ll iott , Smith , McCleary,
Sansing , Ray, Rinker , Fletche r , Stroud , Twitty , and Howard voted AYE. NAY
(0 ). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1308 THIS 5 th DAY OF APRIL 2007.
c . Set public hearing for Legacy Center multi -purpose improvement
district.
It was the consensus of the City Council to set the public hearing for
7:10p .m . at the Apri l 19th regularly scheduled City Council meeting .
APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY
Alderman Elliott moved, seconded by Alderman Howard to approve the
reappointment of Addi e Gibson to the Jacksonville Housing Authority for a
term to expire 3/17/2012 . MOTION CARRIED .
JACKSONVILLE SEWER COMMISSION
Alderman Smith moved, seconded by Alderman McCleary to approve the
reappointment of Vicki Farmer to the Jacksonville Sewer Commission for a
term to expire 4/20/2012 . MOTION CARRIED .
10
n :'1 n ., (\"" UJvJ..'~' l
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2007
7:00 P .M. -8 :13 P .M.
ANNOUNCEMENT(S): Mayor Swaim announced that there would be a Parks and
Recreation field dedication to Dr. Donald Griggs Saturday, April 14 th with
the ceremony beginning at 8:15 a.m.
He then noted that the Annual Cleanup Day would also be held Saturday,
April 14 th , kick-off starting 9:00 a.m . at the Chamber of Commerce, adding
that the event is being sponsored by the Keep Jacksonvil le Beautiful
Committee. He noted that i t would be a City-wide c l eanup.
He then announced that June 13th -15th is the Municipal League summer
meeting. He asked that those interested in attending contact Michelle in
the Mayor's off ice. He related that John Woodru ff of the City and Town
magazine passed away last week after a lengthy battle with cancer, adding
that Michelle has the address for anyone wishing to contact the family.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 8 :24 p.m . MOTION CARRIED.
Respectfully ,
11
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
April 19, 2007 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
Animal Control Department
Police Department
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12 . PARKS & REC. DEPT:
13. PLANNING COMMISSION:
14 . GENERAL:
15 . APPOINTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNMENT
a .
Regular City Council Meeting
April 5, 2007
Regular City Council Meeting
March 15, 2007
Regular Monthly Report/March
Chief John Vanderhoof
Regular Monthly Report/March
Public Works Director/Jim Oakley
Regular Monthly Report/March
Chief Robert Baker
Request to accept Bid: Sidewalk from
Community Center to Dupree Park on
Redmond Road (Mayor Swaim)
PUBLIC HEARING 7:00P.M.
ORDINANCE 1309 (#8 -07)
Condemning various real properties
In the City (Mayor Swaim)
PUBLIC HEARING 7:10P.M.
b. ORDINANCE 1310 (#9 -07)
Establish and lay off City of Jacksonville
municipal multipurpose property owners
Improvement District No. Five Legacy
Center Development (Mayor Swaim)
c. RESOLUT ION 601 (#2-07)
West Main, Marshall &T.P. White
traffic signal upgrades (Mayor Swaim)
d . ORDINANCE 1311 (#10-07)
Waiving competitive bidding
Police video camera (Mayor Swaim)
000108
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2007
7 :00 P .M. - 7 :31 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Sess i on on April 19 , 2007 at the regular meeting place of the Council.
Mayor Swaim delivered the invocation a nd Alderman Stroud led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliot t , Smith , McC leary ,
Stroud , Twitty , and Howa r d answe r ed roll call .
ROLL CA LL de clar i ng a quorum. PRESENT Nine (9),
was absent.
Sansing , Ri nker , Fletcher,
Mayor Swaim also a nswered
ABSENT (1). Al derman Ray
Othe r s p resent for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Linda Dulaney , Finance Director Paul Mushrush , Public Works
Director Jim Oakley , Fi r e Chief John Vanderhoof , Captain Charlie Jenkins,
Representing Enginee r Jay Whisker , Code Enforcemen t Office r Mar t y Sanady ,
Mrs . J udy Beale , Mr. Larry Dupree, Mr. Tommy Dupree , Mrs . Gl enda
Fl etcher , Mrs . Edith Smith , Mrs . Addie Gibso n, Mr . Larry Smith, Mr . Jack
Danielson, Mr . Tommy Bond , interested citizens a nd members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regu l ar City Council meeting of
April 5 , 2007 f or approval and/or correction at the next regularly
schedu l ed City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Sansing moved, seconded by Alderman Howard that the minutes of
the Regular City Council Meeting of 15 March 2007 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman El lio t t moved , seconded by Al derman Smith to approve the Regular
Monthl y Report for March 2007 from the Jacksonville Fire Department , wh ich
reflects a fire loss of $0 .0 0 and a savings total of $0 .00 .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alde r man Elliott moved , seconded b y Alderman Sm i th to approve the Regular
Monthly Animal Control Report for March 2007. Said report reflects:
ADOPTION/FINES :
CONTRIBUTIONS:
TOTAL:
$2 ,1 85.00
$ 10 .00
$2 ,195.00
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Smith to approve the Regul ar
Monthly Report fo r March 2007 . Said report reflects the Total Val u e of
Reported Stolen Property $56 ,960 . Tota l Va l ue of Recove r ed Stol en Property
$1 5 ,753 and Total Report Sales $990 .
ROLL CALL : Aldermen : Elliott, Smith, McCleary, Sansing, Rinker, Fletcher ,
Stroud , Twitty , and Howard voted AYE . MOTION CARRIED.
1
0001 1 0
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2007
7 :00 P .M. -7 :31 P .M.
STREET DEPARTMENT : Request to Accept Bid for Sidewalk from Community
Center to Dupree Park on Redmond Road
Mayor Swa i m re l ated that the s idewalk is a gra nt project , explai ning that
Bond Engineering performed the engineering aspect. He noted that the low
bid is from Ci nergi , who has performed work for the City.
Alderman Elliott moved, seconded by Alderman Smith to approve the low bid
from Cinergi in the amount of $70,322.50 from budgeted funds . MOTION
CARRIED .
SANITATION DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL : a. Public Hearing 7 :00 p .m.
Mayor Swaim opened the public hearing at approximately 7 :05p .m.
ORDINANCE 1309 (#8-07)
AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS
NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS,
DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS ; AND, FOR OTHER PURPOSES.
Mayor Swaim invited the a u dience to a ddress any issues regard i ng t h e
condemnat ions, no member of the audience presented to speak . Mayor Swaim
announced the addresses presented for condemnat i on as 104 Cross S t reet ,
105 P i ke Ave ., 128 Cent ral Ave., 130 Join er Ave ., 1 41 North Ave., 1 84
Pike Ave ., 206 Roosevelt Road, 1 11 6 Sorre lls Drive and 1504 Keaton
Street. Again, Mayor Swaim invited anyone wi shing to address any of the
properties and no one presen ted .
Mayor Swaim closed the public hearing at approximately 7:06 p.m.
Alderman Stroud moved , seconded by Alderman Smith that Ordinan ce 1309 be
p l aced on FIRST READING. ROLL CALL : Alderman Elliott , Smith , McCleary ,
Sans i ng , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon Ci ty Attorney Bamburg read the headin g of
Or dinance 1309.
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1309
be APPROVED on FIRST READING .
In response to a ques tion posed by Alderman Fletch er , City Att orney
Bamburg reviewed the notification process .
2
0 :1011"" .J j_..._J.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2007
7 :00 P.M . -7 :31 P.M.
In response to a question posed by Alderman Smith , Mayor Swaim a n swered
that $20 ,000 .00 had been budgeted for demo liti on . He then added that if
that is not enough to cover the costs for all the houses , a request would
be brought back before the City Council. He noted that two of the houses
have been torn down and those would only involve lot cleanup costs . He
then answered that the houses in Sunnyside Addi tion would have to have an
asbestos study prior to be i ng demolished. He added t h at each homeowner
would have 60 days to perform required repairs after be i ng notified
again.
ROLL CALL : Alderman Elliott, Smith , McCleary , Sansing , Rinker, Fletcher,
Stroud , Twitty , a n d Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Howard to suspend the rules
and place Ordinance 1309 on SECOND READING . ROLL CALL : Alderman El liott ,
Smith , McCleary , Sansing , Ri nker , Fletcher , Stroud, Twitty, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1309.
Alderman Stroud moved , seconded by Alderman Howard to further suspend the
rules and place Ordinance 1309 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott, Smith, McCleary , Sansing , Rinker, Fletcher , Stroud,
Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City
Attorney Bamburg read the heading of Ordinance 1309 .
Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1309
be APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith, McCleary ,
Ray , Rinker, Fletcher, Stroud , Twitty , and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Howard moved, seconded by Alderman Fletcher that the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott , Smith,
McCleary , Ray , Rinker , Fletcher , Stroud, Twitty , a nd Howard voted AYE.
NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1309 THIS 19th DAY OF APRIL 2007 .
Alderman Fletcher requested that the property owner of the former Long
John Silver resta urant on Main Street and t h e Chicken restaurant behind
McDonalds be notified rega rding property cleanup .
b. Public Hearing 7 :10 p .m.
Mayor Swaim opened the public hearing at approximately 7 :10 p .m .
ORDINANCE 1310 (#9-07)
AN ORDINANCE TO ESTABLISH AND DESIGNATE THE JACKSONVILLE MUNICIPAL
PROPERTY OWNERS ' MULTIPURPOSE IMPROVEMENT DISTRICT NO . 5 (LEGACY CENTER
OF DUPREE FARMS); DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2007
7 :00 P.M . -7:31 P .M.
Mr. David Menz of t he law firm Williams & Anderson , stated that he had
drafted the petition and the abstractor's certificate. He related that
the purpose is to create an improvement district regarding t h e property
in the south part of Jacksonville , north of Sherwood, and west of I -67.
He stated that the Dupree family, who are present, owns the property. He
added that Mr. Tommy Bond is the project engineer. He explained t hat the
Dupree family is planni ng to develop the property, adding that
appropriate zoning would be a future consideration . He stated that the
improvement district would be created to finance the infr astructure
regarding streets, drainage, lights , water , sewer or any other municipal
infrastructure. He noted that it would be developed to City standards
and would be dedicated to the City following a year's warranty period .
Mayor Swaim noted that this improvement district is similar to the one
approved for the subdivision in south Jacksonville that was recently
adopted by the City Council .
Alderman Stroud spoke in favor of the proposed development . It was noted
that infrastructure would be constructed to City standards.
Alderman Sansing stated an enhanced understanding of this type of
improvement district, the project is appreciated.
Mayor Swaim closed the public hearing at approximately 7:14 p.m.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1310 be
placed on FIRST READ I NG . ROLL CALL : Alderman Elliott , Smith, McCleary ,
Sansing , Rinker, Fl etcher, Stroud , Twitty , and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1310.
Alderman Stroud moved, seconded by Al derman Sansing that Ordinance 1310
be APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith,
McCl eary, Sansing, Rinker , Fletcher, Stroud, Twitty, and Howard voted
AYE . NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman McCleary to suspend the rules
and place Ordinance 1310 on SECOND READING . ROLL CALL: Alderman Elliott,
Smith , McCleary , Sansing, Rinker , Fletcher, Stroud, Twitty, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1310 .
Alderman Stroud moved, seconded by Alderman Sansing to fu rther suspend
the rul es and place Ordinance 1310 on THIRD and FINAL READING .
In response to a question posed by Alderman Fletcher , Mayor Swaim related
that part of the improvement district would be to develop access to the
development. He added that there are two prime access areas ; one being a
change in Redmond Road and t he other would be off Emma Street on west
Main .
4
0 :'"\(')1 ... 1"')
:__J l) .l ; . J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2007
7:00 P .M. -7 :31 P .M.
Mr . Dupree stated that there would not be any direct access to the travel
lanes on I-67.
ROLL CALL : Alderman Elliott, Sm ith, McCleary , Sansing , Rinker , Fletcher ,
Stroud , Tw itty, and Howard voted AYE . NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1310.
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 131 0 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Sm i th , McC l eary , Ray,
Ri nker , Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0 ). MOTION
CARRIED .
Alderman Stroud moved, s econded
CLAUSE be approved and adopted .
McCleary, Ray , Rinker , Fletcher ,
NAY (0). MOTION CARRIED.
by Alderman Smith that t h e EMERGENCY
ROLL CALL: Alderman Elliott , Smith ,
Stroud , Twitty , and Howard voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1310 THIS 19th DAY OF APRIL 2007.
c . RESOLUTION 601 (#2-07)
A RESOLUTION EXPRESSING WILLINGNESS FOR THE CITY OF JACKSONVILLE TO
UTILIZE FEDERAL-AID MONIES TO REHABILITATE THE TRAFFIC SIGNALS AT THE
INTERSECTION OF HIGHWAY 67/167 AND MAIN AND MARSHALL STREETS ; AND , FOR
OTHER PURPOSES .
Mayor S waim related that the City had requested t hat the Highway
Department study the two traffic lights at Marshall Ro ad and T .P . Whit e
Drive , e xplaining that i t was agreed that t he signa l s need to be
redesigned . He stated that t h e City is r e quired to p a ss a reso l u t ion and
agree to pay a 20 % match as part of the requ irement for Fede ral funds.
He related that the estimated cost is $200,000 for the r edes ign and
construct ion . He stated that t he City would be responsible for acquiring
an y additional rights-of-way, but added that he d oes not foresee t h at
there would be any need for additional rights -of-wa y . He r elated that
Metroplan has agreed t o work the project into the TIP even though it has
been c losed to LUZA fund s .
Alderman Elliott moved, seconded by Alderman Howard to read Resolution
601 (#2-07). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Howard to approve Resolution
601 (#2-07). MOTION CARRIED.
d . ORDINANCE 1311 (#10-07)
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF IN-CAR VIDEO
SYSTEMS FOR USE BY THE JACKSONVILLE POLICE DEPARTMENT ; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2007
7:00 P .M. -7:31 P.M .
Mayor Swaim related that the Police Department has purchased some new
vehicles and the request is f or the same type camera currently being
used .
Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1311 be
placed on FIRST READING . ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing, Rinker, Fletcher, Stroud , Twitty , and Howard voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1311.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1311 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith , McC l eary,
Sansing , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman How ard to suspend the r u le s
and p l ace Or dinance 1311 on SECOND READING . ROLL CALL : Alderman Elliott,
Smith , McCleary , Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard
voted AYE. NAY (0). MOTION CARRIED . Where upon City Attorney Bamburg
read the heading of Ordinance 1311.
Alderman Stroud moved, seconded by Alderman Ho ward to fu rther suspend the
rules and place Ordi nance 1311 on THIRD and FINAL READING . ROLL CALL:
Alderman Elliott, Smith, McC l eary , Sansing , Rinker , Fletcher , Stroud ,
Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City
Attorney Bamburg read the heading of Ordinance 1311 .
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1311 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, McCleary, Ray,
Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION
CARRIED.
Alderman Stroud moved, seconded by Alderman Sansing that the EMERGENCY
CLAUSE be a pproved and adopted. ROLL CALL : Alderman Elliott , Sm i th ,
McCleary , Ray, Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1310 THIS 19th DAY OF APRIL 2007 .
At 7 :26p .m . City Attorney Bamburg was excused from the meeting.
APPOINTMENT (S) :
ANNOUNCEMENT(S): Mayor Swaim announ ced tha t Mr. Dick Jones had passed .
He related that t he funeral would be Saturday, 10:00 a .m. arrangement s
are being made by the Moore 's Jacksonville Funeral Home.
He announced that the cleanup day starts Saturday, 9:00 a.m . at t he
Chamber of Commerce.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2007
7:00 P.M. -7:31 P .M.
He then announced a field dedication at Excell Park in honor of long -time
Parks and Recreation Commissioner and Coach Dr. Donald Griggs beginning
Saturday, 8:15 a .m. on f i eld no . 1 .
The City Council joined Mayor Swaim in welcoming former City Engineer Jay
Whisker as the new Director of Admini stration .
Alderman Stroud complimented Ted Belden for his efforts on Warehouse Row,
saying that the area looks nice .
Mayor Swaim noted ongoing efforts with Mr. Belden to locate property to
place a rail spur and loading dock needed for industrial development
purposes.
Alderman Sansing announced that the Parks and Recreation held the i r
Hershey 's Track and Field meet that was a good event with had a large
turnout. It was noted that the Parks and Recreation successful ly hosted
the event singular ly , whereas in the past the event had been shared with
two other c i t i es.
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 7:31p.m. MOTION CARRIED.
Respectfully ,
~~ MAYOR TOMMY SWAIM
7
,.., 0 (\ -~ ,, ~ u :) ._, . --u City Council Of Jacksonville, Arkansas
AGENDA
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
M INUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
6. WATER DEPARTMENT:
Regular City Council Meeting
May 3, 2007 7:00 p.m.
Regular City Council Meeting
April 19 , 2007
Regular City Council Meeting
April 5, 2007
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
Request to approve change order #1
for Fire Station #3 (Mayor Swaim)
Request to Accept Bid: Brush Hog
Tractors (Mayor Swaim)
RESOLUTION 602 (#2-07)
Authorizing a cost agreement with
Pulaski County regarding the
Jacksonville Health Unit of the Pu laski
County Health Department
(Mayor Swaim)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3 , 2007
7 :00 P.M. -7:27 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jac ksonv i lle, Arkansas met i n Regular
Session on May 3 , 2007 a t the regular meeting place of the Council. Mayor
Swaim delivered the invocation and Alderman Sm i th l ed a standing audience
in the "Pledge of Allegianceu to the flag.
ROLL CALL: Aldermen: Elliott, Smith , McCleary, Sansing, Ray , Fletcher ,
Twi tty , and Howard answered roll call. Mayor Swaim also answered ROLL CAL L
declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Rinker and
Stroud were out of town.
Others present for the meeting were : City Attorney Robert Bamburg , Deputy
Clerk Linda Dulaney, Director of Administration Jay Wh i s ker , Public Works
Director Jim Oakley , Parks and Recrea t ion Director George Bi ggs , CDBG
Director Theresa Watson , F i re Chie f John Vanderhoo f , Police Chief Robert
Baker, Mrs . Judy Swaim, Mrs. Addie Gibson, Mr. Larry Smith, Mr. Alfonso
Nations, interested citizens and members of the pre ss.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the re gular Ci ty Council meeting of
April 19, 2007 for approval and/or correction at the next regularly
schedu l ed Ci ty Council meet i ng.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 5 April 2007 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT : Request to approve change order #1 for Fire Station #3
Mayor Swaim related that an addition is being built onto Fire Station #3 ,
which is located in the Taneyville area. He noted that the most
significant change was additional work regarding the addition of siding
to the e xi sting building that i s currently wood. He noted that the
change order is unde r 20 % and would normally not require being present ed
to the City Council but added that he wanted t h e City Co uncil to h a ve an
opportunity to review the orde r .
Alderman Elliott moved, seconded by Alderman Sansing to approve the
change order for Fire Station #3 with funds to be drawn from the Capital
Improvement Fund.
Mayor Swaim noted that the es timate was $150,000 , adding that with
consideration for the change order the new es timate is slightly over
$200 ,000. He noted that the project attracted a n umber of bids ,
mentioning that the architect 's bid was around $185,000.
1
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At this time, MOTION CARRIED .
POLICE DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2007
7 :00 P.M . - 7 :27 P .M.
STREET DEPARTMENT : Request to Accept Bid for Bush Hog
Public Works Director Jim Oakley stated that his recommendation and
request is to accept the second lowest bid from Springdale Tractor
Company for the purchase of a Kubota. He pointed o u t the justification
informat ion r egarding the Kubota vs . Mahindra (low bid) . He fur ther
pointed out that the City currently owns two Ku bota tractors that are 30
years old , saying that they have been good t ractors . He went on to say
that the City has never owned a Mah i ndra and he is not aware of anyone
else who does have one. He stated that he feels the City would be better
served with a known and reputable tractor, saying that he is not aware of
any statist ics regarding the Ma hindra.
Mr. Doug Meyer , owne r of Capital Equipme nt , was recognized as the l ow
bidder regarding the Mah i ndra tractor .
Mr . Meyer provided the City Council with a brochure regarding the
Mahindra tr a ctor , saying that Capi ta l Equipment and the City of
J acks onville have enjoyed a 20 year history of working together regardi ng
tractors , mowers, and construction equipment . He added that he felt
eve ryone would agre e that i t has been a positive relationship.
He explained that on February 28 , 2007 t h e City opened a bid for a
tractor , and Kubota was the l owest bid while they were the second l owest .
He added that the bid was awarded to Kubota .
He then explained that on April 7, 2007 the City opened a bid for a zero
turn mower , further e xpl aining that e mp loyees from the Ci ty came to
Capital Equipment and related to staff which mower they would prefer,
because hi s company ca rri es three different brands. He went on to say
that Capital Equipment bid the mower recommended by the City employees
and a lower bid from "Bad Boyn . He added tha t he was then contacted by
the City and told that they had t o come and pick up one of the two bids
submitted , because the City only allows one bid per dealer , regardless of
the fact that it was two different brand mowers . He stated that si n ce
the City had previously chosen the l ow bid t wo months earlier, they
d ecided , because of the employee recommendat ion , to wi thdraw the l ower
bid and left the bid for the hustler mower chosen by City employees . He
r elated that they e nded u p as second lowe st bid but would h ave been the
lowest bid with the other mower bid.
He stated that his quandary regarding the bid for a b rush hog was that he
was not sure whether he shoul d bid the New Holland tractor at a higher
cost or the Mah indra at a l ower price but sti l l a very good quality
tractor . He state d that because the Ci ty would only accept one bid, they
bid the Mahindra tractor . He related t hat Mahindra is the third l argest
tractor manufacturer in the world and have been in business for 50 years .
He pointed out that speci fications called for a one-year warran ty and the
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OJ01 19
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2007
7 :00 P .M. -7:27 P .M.
Mahindra has a three-year warranty, adding that resale value was not a
part of the bid but he does agree that resale is important . He explained
that the only way to evaluate resale value would have been to compare
those figures from back in the year 2000. He then stated that regarding
total bid they are $4,350.00 less than Springdale Tractors , adding that
he understands the City looks at not only low bid but also best bid .
He stated that part of that consideration is the dealer , noting that his
Company has worked with the City for 20 years . He stated that when the
City orders a part from Capital Equipment, 98% of the time the part is
available the next day with either Mahindra or New Holland . He
questioned from a warranty and service standpoint what would the City do
if the tractor breaks down, saying that the City would have to drive
almost 200 miles to Springdale fo r a part . He stated that if the City
sought warranty work closer , that dealership would not be enthusiastic
about taking care of the warranty needs of a customer who purchased
elsewhere.
He then stated that he would like to point out that Fiser Tractor in
No rth Little Rock and Springdale Tractor were $10 ,000 d i fference in bid
on the exact same tractor . Extrapolating that it would be hard, without
looking into a crystal ball , what the trade -in value would be down the
road . He asked that the City Council approve the bid for the Mahindra
tractor because it exceeds the specifications , reminding the City Council
that his Company has a 20-year relationship with the City, adding that he
persona lly promises to take care of the City.
Alderman Ray stated that h i s Company owns Kubota tractors , and they have
had good service with Fiser.
Mr. Meyer stated that his Company would honor the warranty regarding
tractors purchased at another location, but fee ls that a company takes
care of their purchases made at their Company first.
Alderman Fletcher voiced concerns for Mr . Meyer 's bidding experience with
the City .
Mayor Swaim questioned who would have had aut hority to pick out which
lawnmower was to be bid. He stated that his understanding of bids is
that the City does not accept alternate bids.
Mr. Meyer stated that he had a lengthy conversation with the Purchasing
Department regarding bids, adding that he had asked June Brown about
bidding a totally different brand. He stated that he could understand
the City not allowing him to bid two Ford tractors or two New Holland
tractors, but if there are two totally different lines he should be able
to submit bids for each line. He stated that June Brown had stated that
the City will absolutely not allow that, instructing him to pick up one
of his bids by 9 :45 the next morning or she would disqualify both bids.
He added that was the conversation verbatim .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3 , 2007
7 :00 P .M. -7:27 P .M.
Mayor Swaim stated that the City has had a po l icy of not taking alternate
bids and of not taking bids for a new and used product. He stated that
in fairness to all bidders the City does not accept alternate bids or
substitute bids.
Mr. Meyer addressed Alderman Ray, saying that with all due respect as
already mentioned, the City does not have the priv ilege of going and
looking at every unit so base specifications are set, offering a level
playing field for all bidders. He reiterated that Mahindra met and
exceeded every one of those specifications, adding that he fee ls strongly
that Capital Equipment should be awarded the bid.
Alderman Sansing questioned if the only reason for the recommendation is
the long-term resale value of Kubota over the Mahindra.
Public Works Director Jimmy Oak l ey answered that i t was not the only
reason , noting that as pointed out by Alderman Ray , Kubota has a good
reputation and he feels it would be a good tractor lasting a long time .
He then added that the City cur r ently has two that are 30 years old,
saying that the Kubota has a good life span besides the value of trade-
in.
Alderman Tw itty stated that she did not feel that it would be fair to
limit a bidder to one bid if they have two or three brands.
Alderman Fletcher asked if there are other cities using the Mahindra
tractor.
Mr. Meyer stated that his dealership began offering the Mahindra four
years ago and in four years they are selling almost two to one Mahindra
versus New Holland. He then answered that he is not sure of other cities
that may be using the Mahindra. He stated that last year they sold over
85 Mahindra tractors and expect s to sell over 100 this year , adding that
they have almost a half a million dollars in the parts inventory.
In response to a question posed by Mayor Swaim, Public Works Director
Jimmy Oakley stated that i t can be customary to wait for new part orders,
expla i ning that he feels New Holland is a good brand and he does not feel
he would be recommending another brand if Capital Equipment had bid a New
Holland tractor.
Mr. Meyer stated that if the part is order by 5:00 p.m. on any weekday,
they would have the part by 10:00 a.m . the following day, 98% of the
time . He added that there is a shipping charge. He stated that if it
takes 2 or 3 days then it is fre ight free. He continued that the City
may not have been aware of that, adding that may have been their fault.
Public Works Director Jimmy Oakley stated that there were instances when
the wrong part was sent and the City of Jacksonville was responsible for
a restocking fee.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2007
7 :00 P.M. - 7 :27 P.M.
Alderman Sansing requested and it was clari f ied that all bids met or
exceeded spec i fications.
Alderman Sansing moved to accept the low bid. MOTION failed due to a lack
of second.
Alderman Fletcher questioned the possibility of splitting to bid in order
for the City to be able to evaluate the difference between Kubota and
Mahindra.
Alderman Twitty asked if the item could be tabled pending further
research regarding the Mahindra brand name and possible use by other
cities.
City Attorney Bamburg clarified that the bid could not be spilt .
Alderman Ray moved to accept the bid from Springdale for the Kubota
tractor and reject the low bid from Capital Equipment regarding the
Mahindra tractor . MOTION died for lack of a second.
Alderman Twitty moved seconded by Alderman McCleary to table the item of
business until the next regularly scheduled City Council meeting pending
further review. MOTION CARRIED with Alderman Ray voting NAY.
SANITATION DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL: RESOLUTION 602 (#2-07)
A RESOLUTION AUTHORIZING AN AGREEMENT WITH PULASKI COUNTY , ARKANSAS , FOR
PAYMENT OF A PROPORTIONAL SHARE OF THE CERTAIN OPERATIONS AND BUILDING
MAINTENANCE COSTS OF THE JACKSONVILLE HEALTH UNIT OF THE PULASKI COUNTY
HEALTH DEPARTMENT ; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR SUCH; AND, PRESCRIBING OTHER MATTERS RELATING THERETO .
Mayor Swaim related that Resolution 602 is a renewal of an agreement
between t he City and Pulaski County since 1994.
Alderman Smith moved, seconded by Alderman Sansing to read Resolution 602
(#3-07) . MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Resolution 602 (#3-07) .
Alderman Ray moved, seconded by Alderman Howard to adopt Resolution 602
(#3-07) in its entirety.
Mayor Swaim related that the five -year agreement recogn ized that the City
of Jacksonville pays a proportional share based on population, adding
that this year 's fee is slightly over $2 ,000.00 . I t was clarified that
funds would be drawn from the continge ncy fund .
5
At this time , MOTION CARRIED .
APPOINTMENT(S);
ANNOUNCEMENT ( S) :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2007
7:00 P.M . -7:27 P.M.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 7 :27 p .m . MOTION CARRIED .
Respectfully ,
~,k»;m
MAiRTOMMY7 SWAIM
6
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:
Regular City Council Meeting
May 17, 2007 7:00 p.m.
Regular City Council Meeting
May 3, 2007
Regular City Council Meeting
April 19, 2007
Regular Monthly Report/Ap ril
Chief John Vanderhoof
Regular Monthly Report/April
Public Works Director Jimmy Oakley
Regular Monthly Report/April
Chief Robert Baker
Enginee ring Department: Regular Monthly Report/April
Mayor Swaim
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SAN ITATION DEPARTMENT:
12 . PARKS & REC . DEPT:
13. PLANNING COMMISSION:
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
Request to Accept Bid: Brush Hog
Tractors (Mayor Swaim)
ORDINANCE 1312 (#11-07)
Amending JMC §6.04.045
Banning Bull Terriers (Pit Bulls)
(Alderman Stroud)
PARKS & RECREATION COMMISSION
Reappointment of Jane Tallent for a term
to expire 05/09/2012
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2007
7 :00 P .M. - 8 :49 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arka n sas met in Regular
Session on May 17, 2007 at the regular meeting p l ace of the Counci l.
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL : Aldermen : Elliott, Smith, McCleary, Sansing , Ray, Rinker,
Fletcher , Stroud, Twitty, and Howard answered roll call. Mayor Swaim a l so
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, Public Works Director Jim Oakley , CDBG Directo r
Theresa Watson , Parks and Recreation Director George Biggs, F i re Ch ief
John Vanderhoof , Police Chief Robert Baker , Director of Administration
Jay Whisker , Mrs. Judy Swa i m, Mrs . Helen Stroud, Mrs . Addie Gibson , Dr .
Misak , Mr . Alfonso Nations, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim present ed the minutes of the regular City Council meeting of
May 3 , 2007 for app r oval and/or correction at the next regu larly scheduled
City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman McCleary that the minutes of
the Regular City Council Meeting of 19 April 2007 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved , seconded by Alderman Howard to approve the Regular
Monthly Report for April 2007 from t he Jacksonville Fire Department , which
reflects a fire l oss of $6 ,500.00 and a savings total of $173,500.00
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Howard to approve the Regular
Monthly Anima l Control Report for April 2007 . Said report ref lects:
ADOPTION/FINES :
CONTRIBUTIONS:
TOTAL:
$3,360.00
$ 0 .00
$3,360.00
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved , seconded by Alderman Howard to approve the Regu lar
Monthly Report for April 2007. Said report refl ects the Tot al Value o f
Reported Stolen Property $58 ,892. Total Value of Recove red Stolen Property
$27 ,361 and Total Report Sales $850.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Ray moved , seconded by Alderman Howard to approve the Regu l ar
Monthly Report for April 2007 . Said report reflects:
1
PERMITS/LICENSE ISSUED
Building Permits
Business Li c ense
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Proper t y Maint. Letters
27
14
446
30
169
7
3
Costs $3 ,855 .84
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17 , 2007
7 :00 P .M. -8 :49 P .M.
INSPECTIONS PREFORMED
Building Inspections 1 17
HVACR 63
Elect rical 155
Plumbing 96
VEHICLES
Notice of Noncompliance 13
Towed 4
CONDEMNATIONS
Structural Maint. Letters 0
S t ructural Repairs Made 0
Demolitions 0
ROLL CALL : Aldermen : Elliott , Smith, McCleary,
Fletcher, Stroud, Twitty, and Howard voted AYE .
Sansing , Ray , Rinker ,
MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT : Request to Accept Bid for Brush Hog
Alderman Smith moved, seconded by Alderman Sansing to remove the bid from
being tabled . MOTION CARRIED .
Mayo r Swaim noted that the ques tion before the City Counci l is the
purchase of three tractors for the Street Department .
Alderman Ray moved , seconded by Alderman Howard to accept the second
lowest bid from Springdale Tractors regarding Kubota tractors in the
amount of $38,999 .40 and reject the low bid from Capi t al Equipment for
Mahi ndra tractors with funds to be drawn from budgeted Street Department
funds . MOTION CARRIED .
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL : ORDINANCE 1312 (#11-07)
AN ORDINANCE AMENDING JMC §6.04 .045 PROVIDING A BAN OF THE BULL TERRIER
BREED OF DOG, COMMONLY REFERRED TO AS PIT BULLS ; DECLARING AN EMERGENCY ;
AND, FOR OTHER PURPOSES .
Alderman Stroud reassured owners of the pit bu l l dog breed that the
Ordinance conta ins a grandfather clause , but noted the need to address
safety issues for all Jacksonville citizens . He related efforts to
address safety issues one year ago with the passage of a s tricter animal
2
CITY OF JAC KSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17 , 2007
7:00 P .M. -8:49 P.M.
control ordinance, adding that Jacksonville residents continue to be
attacked, injured, and intimidated by neighbors pets. He noted the
previous ordinance's failure to prevent such acts. He recounted a story
of a Jacksonville woman attacked upon returning home from work twice in
the same evening resulting in severe scaring wounds and an emergency bill
of approximately $800.00 dollars . He continued that the owner of the dog
had promised to pay medical costs but has not done so and that it was
further discovered that the dog was not registered or vaccinated for
rabies. He questioned the responsibility for this occurring , asking if
it is the owner of the dog, or Animal Control when they did not know the
dog existed, or the City Council for not passing a stronger ordinance
previously. He noted concerns for the future of the pit bull breed from
pit bull owners during the passage of the previous ordinance, saying that
he would personally rather there not be another pit bull on eart h than
for one child to be maimed or kil l ed . He stated that this more likely to
happen as the population of pit bulls continues t o increase i n
Jacksonville .
Mr. Lynn Tanner caused a disturbance and was asked to keep his seat and
allow the discussion to continue. He was offered an opportunity to speak
at the appropriate time.
Alderman Stroud moved, seconded by Alderman Howard that Or dinance 1312 be
placed on FIRST READING .
Mayor Swaim announced the opportunity for discussion among t he Ci t y
Council members. Mr. Tanner was cautioned again fo r h i s outburs t and
refusal to remain seated. Mayor Swaim assured Mr . Tanner that he would
have an opportunity to speak then recognized Al derman Sansing to speak.
Alderman Sansing answered the earlier question of responsibility , saying
that in his opinion i t is the dog owner's fau l t .
Mr. Tanner burst from his seat, directing the television crews to f ilm
him, refusing to observe protocol he shouted a t t h e City Coun c i l and
r ushed from one end of the dais to the other. Mayor Swaim and members of
the audience urged Mr . Tanner to take h i s s e at and wait his turn to
speak. He adversely engaged members of the City Council and members of
t he audience before being coaxed back into his seat.
Alderman Sansing stated t hat h e does no t believe the entire pit bul l
breed can be depicted as vicious dogs, adding that he b e lieves the
responsibility of individual temperament belongs to t he owners. He
recalled that in the past other breeds such as the Chow and Doberman were
singled out as the number one biting dogs. He stated that t h e Cit y needs
penalizing legislation against negligent owners . He stated that a dog is
a person 's personally property and the person who owns the property holds
t he ultimate responsibility .
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2007
7:00 P.M. - 8 :49 P .M.
Alderman Stroud agreed that responsibility lies with the owner, adding
that the problem is determining who are responsible versus
irresponsible owners . He stated that the ordinance is patterned from two
nearby cities where the ordinance has proven effective to reduce the
number o f bites. He stated that he is not worried about breeds of dogs
but added that he is worried about people and it is the job of aldermen
to make sure the citizens are safe .
ROLL CALL: Alderman Elliott, Smi th , McCleary, Ray, Rinker , Fletcher,
Stroud, Twit ty , and Howard voted AYE. Alderman Sansing voted NAY (1).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1312.
Mayor Swaim offered an opportunity for citizenry input, reminding
everyone to be courteous to each speaker. He stated that each speaker
would have two minutes to address the City Council.
Mr. Tanner refused to offer the City Council his address, saying that he
lived in the Taneyville area and if anyone wrote that down , he would
break thei r neck. He stated that the ordinance was li ke taking ice cream
from young children who could not protect themselves . He stated that his
pit bull is his only companion in life and that Alderman Stroud is
threatening him because he too k the responsibility to love his dog . He
stated that if his dog were a thre at to anyone he would personally ki ll
the dog. He stated that people are his concern, adding that his dog h as
scared his neighbors. He began to relate a story regarding a neighbor
and his dog when he became upset, stating that he has already had three
heart attacks. He expla ined that the dog belongs to his daughter and had
been take n in North Little Rock by the Animal Control. He continued to
adversely engage members of the audience without attempt to clearly
convey any message to the City Counci l. He was asked to relinquish the
floor to other audience members wishing to address the City Council. He
did so reluctantly .
Mayor Swaim reiterated that if a criterion in the ordinance is met,
owners will be allowed to keep their dogs. He continued that owners
would be given 30 days to register the dogs .
Dr. Lee Misak a local veterinarian stated that he would like to offer a
perspective to the legislation in respect to veterinarians. He stated
that he feels the ordinance should define more specifically, what is
meant by mixed pit bulls , and clarify who determines a pit bull mix . He
then questioned the percentage of bite cases as human or nonhuman bites
and how the ordinance would affect the LRAFB personnel now and in the
future. He then stated that in general he is against banning any
specific breed of dog, adding that the American Humane Society, American
Animal Hospital Association , American Ve te ran Medical Association ,
National Animal Control Association, National Animal Interest Alliance ,
American Kennel Club, and the United Kennel Club do not favo r bann i ng of
any specific breed. He acknowledged that there are two fractions of pit
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2007
7 :00 P.M . -8:49 P.M.
bulls, those that make excellent pets and those that are fighte r s. He
stated that the average veterinarian would claim that 90% of the pit
bulls seen in a veterinarian office are friendly , adding that he is aware
of the other end of the scale regarding very aggressive pit bulls . He
stated that he feels that goes back to the owner and the owner is
responsible for the dog that bites. He stated that one trait that he
dislikes regarding the pit bull breed is that they can cause severe bite
damage because they have such massive jaws and that they do not like
other dogs . He related that according to his records, pit bulls are the
number one breed in Jacksonville, adding that they out number other
breeds of dogs by two or three times . He stated that the number of bi te s
is reflected by the fact the pit bull out numbers other dogs in
Jacksonville . He stated that if Animal Control is enforcing the previous
ordinance there should not be any reason to be here tonight.
It was clari fied that without an emergency clause the ordinance would not
take affect for 30 days, allowing owners 30 days to get their dogs
registered .
Dr . Misak stated that he feels that is fa i r. He then added that because
there are two fractions of pit bulls , the City is punishing the good
o wners who are responsible for their dogs. He stated that no ma t ter what
the breed there will always be some bad dogs . He stated that there needs
to be legislation to make the owner responsible . He related that he did
not feel there was enough advance notice regarding the ordinance, saying
that he feels the ordinance should be tabled unti l a later date .
Marilyn Murphy a resident on Republican Road , stated that she lived seven
years in Sunnyside prior to moving out of town .
Mayor Swaim asked if she is living outside the City .
Marilyn Murphy stated that she lives in Jacksonville, but is not in the
City limits because she recently purchased a home and moved out . S he
stated that if she chooses to move back into the City limits t his
o rdinance would affect her . She continued t h at the ordinance is directed
only to pit bulls, stating that the problem is not with the breed but
with the owners . She stated that the dogs are teased which makes t h em
aggressive , adding that by na t ure they are not aggressive towards people .
She stated that she has had pit bulls since the early SO's and has not
ever had one of her dogs bite anyone. She stated that she loves her
animals enough to protect them from people .
Terrance Nichols a resident of Kelly Drive questioned the cost of spaying
or neutering the dogs. He then questioned why the dogs have to be spayed
or neutered .
Alderman Stroud stated that is part of the concern for the safety of
citizens , noting that the dogs are less aggressive if spayed or neutered .
Terry Jordan of Oakley Estates Mobile Home Park stated his disagreement
with his dog having to b e neutered .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2007
7 :00 P .M. - 8 :49 P.M .
Sergio Converse of 717 East Martin Street stated that according to the
fourteenth amendment of the Constitution of the United State s , no state
shall deprive any person of li fe, liberty, or property without due
process of law, nor deny any person within its jurisdiction to the equa l
protection of laws .
Crystal Roulden of 500 Hill Street stated that she has owned pit bul l s
her entire life and they have been great anima l s and great protectors .
She stated that the reason the dogs are that way is because they protect
their household. She stated that any animal is aggress i ve i f it is
backed into a corner. She expressed her desire to be able to have
puppies and does not feel it is right to make people spay or neuter .
Joe Williams of 48 North Valley Drive stated that the problem i s with bad
owners and the situation needs to be address ed mo re through directing
penalties to the owners such as making them pay the medical costs when
their dog injures someone. He stated that he do es respect the City
Council for trying to help a bad situation.
Amanda Erickson of P i ne Drive questioned the increase in bi t es and
possible causes for the increase. She stated that she is concerned as a
German Shepard pet owner where the City would "draw the line".
Samantha Roberson stated that she previously lived off West Centennial
and has recently moved to North Little Rock. She then clarified that her
family has lived in Jacksonville since 1922 and before . She stated that
she plans to move back to Jacksonville . She stated that she feels t here
should be an e xception for those people who do take care of their
animals . She stated that she is currently buying her parents house in
No rth Little Rock and questioned if she is suppose to "kill" her dog
because she is moving to North Little Rock . She related that she is
trying to help the people in Jacksonville because she mi ght have to move
back.
Dawn House of 1307 School Drive stated that she owns a pit bul l ,
Rottweiler, and German Shepard . She stated that she loves her dogs about
as much as she loves her children . She stated that she feels the pit
bull breed i s worthy a nd should be allowed to procreate . She stated that
a veterinarian is capable of testing the dogs for aggressive s tra ins and
be able to tell if the dog would pass on a mean streak if it procreates .
She stated that if pit bull owners are made to microchip their dogs then
every dog in the City should have to b e micro-chipped . She stated that
she would rathe r l eave her children with a handful of pit bulls rather
than many of the miniature Poodl es she ha s seen . She added that l ittle
dogs can be vicious they just don't inflict as much damage . She
concluded saying that she fee l the owners are responsible for their dogs,
adding that she does not feel that pit bulls should be sanctioned as a
vicious breed when every other dog has the ab ility to hurt, maim, and
kill.
6
"""~ r-.• r:-n \... J '··-_ .. v ''-'
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2007
7 :00 P .M. - 8 :49 P .M.
Mr . Leroy Ackridge 1421 Southeastern stated that h e i s an American Bul l
Dog owner. He reiterated that the owners should be the responsible party
and that all the ordinances in the world will not do any good until you
get the owners to take care of their dogs. He agreed that the ordinance
should be tabled and given further consideration.
Tim Hamby of 104 Harold related that his 12 -year -o l d son had been
attacked by a neighbor's pit bull . He stated that the pit bull had been
friendly with his son . He recalled that the incident occurred while his
son was with other neighborhood children playing in the s tr eet on a
Saturday morning. He stated that the pit bull was in a fence inside
another fence and that no one provoked the attack. He went on to say
that the pit bull escaped and attacked his son in the road. He related
that the dog pinned his son down three separate times resulting in 33
stitches in his leg. He related that if it had been his daughter who is
much younger he fears it would have been much worse . He stated that
while he loves dogs, he feels children are more important than an animal .
He stated that h e feels what is being proposed is p rev ent ion, noting that
once a child is attacked you cannot turn back . He went on to relate
physiological difficulties experienced by his son since the attack .
Jerry Bryant of 4008 Rope Trail stated that he has lived peacefully a n d
se curely in his home for 35 years , adding that 4 months ago his next-door
neighbor moved because of a pit bul l next door and now hi s new neighbo r
has a pit bull. He stated that when he goes out into his back yard the
pit bull hits the fence and digs underneath , explaining t h at he has to
blo c ks the holes. He stated that he is terrified of the pit bull.
Myra Clary of 1308 McArthur Dr i ve related that 6 years ago her dog was
killed by a pit bull in her back yard at 10:30 p.m., she continued that 3
months ago another pit bul l entered her back yard when she was l etting
her dog out. She related that she managed to get her dogs into the
house. She cal l ed Animal Control who picked up the dog . She continued
that since then she has seen the same dog picked up again in t he
neighborhood by Animal Control and lastly 6 weeks ago she witnessed the
same dog attacking a neighbor holding her small dog, adding that the pit
bull had the lady pinned down and had the small dog in its mouth. She
stated that the lady had been b i t and had mu ltipl e bruises on he r arms
and back. Mrs . Clary stated that she was able to get the small do g away
from the pit bull and pulled the lady into her house . She r el a ted that
the owner arrived in her car called the dog i n t o t he car and never
stopped to see how the lady or her dog were . She related that Animal
Control got the dog from i ts home and it was quarantined because t h e dog
had never been vaccinated. She added that since being quaranti n ed and
released the same dog appeared back at her house and chased h er dog i n
the backdoor. She related that her neighbors are scared to e v en walk in
the morning or leave their homes. She clari f ied that it i s her
understanding the owner of the dog has been fined tw i ce and has not paid
e ither fine under the current ordinance . She stated that no one provoked
the animal .
7
r ·"' r. ' ,... .,
: I -.
I_ • J ··-•• <J -'-
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17 , 2007
7:00 P .M. - 8 :49 P .M.
Jacksonville Animal Control Supervisor Linda Sakiewicz clarified that the
owner of the pit bull had been cited on three separate occasions,
explaining that they are unable by law to confiscate anyone's pet with
out a court order . She stated that it was a serious bite case and as
such was taken very seriously, explaining that Animal Control has been
to the owner 's home many times trying to get them to comply and be a
responsible pet owner. She stated that the owners decided not to do so ;
therefore , steps have to be taken according to the present ordinance to
fine the.m and have the animal removed from the City as best as possible.
Patty Jones a 13-year officer of the North Little Rock Animal Control
Department re lated details of a pit bull attack i n the County 2 days ago
where the child attacked lost almost half his leg. She presented a
picture of the injury, saying that his mother had wanted to be present to
speak but was still at the hospital. She stated that she has reviewed
the ordinance being proposed, saying that when thi s ordinance was adopted
in North Little Rock it was difficult for the Aldermen. She related that
the local veterinarians were present to speak against the ordinance and
the irresponsible pit bull owners were not happy about the ordinance.
She stated that North Little Rock's ordinance has been in effect for 2
years and Lonoke passed the ordinance last week. She noted that Lonoke
did not even offer its citizens an opportunity to register pit bulls as
Jacksonville is offering. She related that when North Litt l e Rock passed
the ordinance r esponsible pit bull owners did spay and neuter their dogs ,
and have them tattooed ins tead of chipped as permanent identification for
the animal. She stated that North Little Rock had 4 ,000 pit bul ls and
only 211 responsible owners registered their dogs. She related that
Sherwood and Maumelle have passed pit bull bans a n d she believes Little
Rock will shortly follow suit . She explained that if a non-registered
pit bull is picked up in North Little Rock the owner has 3 days to claim
the animal, pay a fine , have the dog tattooed as a banned breed violator
(BBV), and it still has to be removed from the City. She informed the
City Council that the banned North Little Rock dogs are being re located
to Jacksonville, Little Rock , and lo cations in Pulaski County that do not
have a ban. She stated that without the ban the problem would only
worsen in Jacksonville. She stated that since the ordinance has been in
effect in North Little Rock , the residents feel safer because the s t reets
are safer , adding that vicious dog numbers have decreased and the bite
cases have decreased . She stated that the ban amounts to a public safety
issue . She noted that area veterinarians only see the responsible pit
bull owners, but Animal Control deals primarily with the irresponsible
pit bull owners . She addressed the aldermen saying that they shou l d
asked themselves if the City of Jacksonville is a safer community with an
increase in the pit bull population and pit bull attacks , or safer with a
population that is steady and even declining year by year. She concluded
saying that she f eels the City of Jacksonvil l e is being more than fair by
allowing current pit bull owners an opportunity to register and keep
their dogs.
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17 , 2007
7 :00 P.M. - 8 :49 P .M.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1312 be
APPROVED on FIRST READ I NG.
Alderman Sansing questioned the affect of the ordinance regarding
military personnel transferring into Little Rock Air Force Base.
Mayor Swaim related that the only jurisdiction that the City of
Jacksonville has on the Base is that which is allowed by the Air Force .
He further clarified that the ordinance would apply the same for any
military member living off Base in the City of Jacksonville .
In response to a question posed by Alderman Sansing , Dr . Misak stated
that the price to microchip an animal is $40 .00 to $50.00 and
sterilization ranges between $50 .00 to $150.00.
Alderman Sansing stated that his main problem with the ordinance is that
it discriminates against a specific breed. He continued that it is a
breed with some problems , but t h ere are other breeds with similar
problems.
Alderman Twitty noted that in 2006 Animal Control received 215 pit bulls,
105 had to be euthanized because they went unclaimed. She stated that
would signify that the dogs are not being taken care of and are running
at large.
Alderman F l etcher stated the only issue is safety for Jacksonvil l e
citizens , saying that children should be safe when playing in their yards
or in the street. He stated that it is a shame when people are more
concerned about an animal than a human being . He stated that it is a
fact that the animals are more docile when they are sterilized , adding
that he understands why there is such a heated exchange but the bottom
line is the City is trying to make pit bull owners responsible. He
stated that the best way to make people responsible is to identify them,
wh i ch is the purpose of the registration. He stated that as far as a ny
other breeds becoming a concern that would be addressed in the same
fashion.
In response to a question posed by Alderman Fletcher, Animal Control
Officer Linda Sakiewicz stated that the new ordinance has not been able
to make irresponsible owners more responsibl e. She stated that most of
the time the owners do not claim the animal and then they are euthanized,
no t to mention the vast amount of time spent i ssuing warrants.
Alderman Smith s t ated that it is the City Council's responsibility to
address public safety, noting that the City Council tried to address the
problems in the previous ord i nance wi t h out establishing a ban . He
reiterated that owners would be g i ven a 30-day opportunity to register
their dogs .
ROLL CALL : Alderman El lio t t, Smith, McCleary ,
Fletcher, Stroud , Twitty, and Howard voted AYE .
9
Sansing , Ray , Rinker,
NAY (0). MOTION CARRIED .
r.r...r.·r 0 3 ,_ . -.. 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2007
7:00 P.M. -8:49 P.M.
Alderman Stroud moved, seconded by Alderman Ray to amend Ordinance 1312
to exclude the breed of Bull Terrier on the advice of the North Little
Rock Animal Control Department . ROLL CALL: Alderman Elliott , Smith,
McCleary , Sansing , Ray , Rinker , Fletcher, Stroud , Twitty , and Howard
voted AYE. NAY (0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Smith to suspend the rules and
place Ordinance 1312 on SECOND READING as amended. ROLL CALL : Alderman
Elliott , Smith , McCleary , San sing , Ray, Rinker, Fletcher, Stroud, Twitty ,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1312.
Discussion ensued regarding postponing the third reading of the ordinance
until a late r time .
Alderman Fletcher moved to table Ordinance 1312 for third reading at the
next regularl y scheduled City Council meeting. MOTION dies for lack of a
second .
Alderman Ray moved , seconded by Alderman Howard to further suspend the
rules and place Ordinance 1312 as amended on THIRD and FINAL READING.
ROLL CALL : Alderman Elliott , Smith , McCleary, Sansing, Ray, Rinker,
Stroud , Twitty , and Howard voted AYE . Alderman Fle tche r voted NAY (1).
MOTION CARRIED. Wh e reupon City Attorney Bamburg read the heading of
Ordinance 1312.
Alderman Stroud moved, seconded by Alderman Ray t h at Ordi nance 1312 be
APPROVED AND ADOPTED as amended .
Alderman Elliott noted present diffi culties with having the same animals
back on the streets after being cited into court and the i ncreasing
number of pit bull owners that move into the City of Jacksonville .
ROLL CALL : Alderman Elliott , Smith , McCleary , Sansing , Ray, Rinker,
Fletcher , Stroud , Twitty, and Howa r d voted AYE . NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1312 THIS 17 th DAY OF MAY 2007.
APPOINTMENT(S): PARKS AND RECREATION COMMISSION
Alderman Elliott moved, seconded by Alderman Howard to approve the
reappointment of Jane Tallent for a term to expi re 5/09 /2 0 12. MOTION
CARRIED.
Mayo r Swaim noted that registra tion for the Arkansas Municipal League
meeting is complete .
ANNOUNCEMENT ( S) :
10
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17 , 2007
7:00 P.M. -8:49 P.M.
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 8:49 p .m. MOTION CARRIED.
~Jwaim MAYOR TOMMY SWAIM
1 1
C ity Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
June 7, 2007 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.
Regular City Council Meeting
May 17 , 2007
Regular City Council Meeting
May 3, 2007
Regular Monthly Report/May
Chief John Vanderhoof
Regular Monthly Report/May
Mayor Swaim
Request to Approve FINAL PLAT:
Hatcher Oaks Addition Lots 1 ,2, & 3
(Mayor Swaim)
ORDINANCE 1313 (#12-07)
Amending JMC §8 .08.030 regarding
trash and litter (Alderman Stroud)
ORDINANCE 1314 (#13-07)
Amending JMC §18.38 .030 (R-6) and
18.39.030 (R-7) Conditional Uses
(Mayor Swaim)
CIVIL SERVICE COMMISSION:
Reappointment of Donnie Farmer
for a term to expire 04/01/2012
Reappointment of Ron McDaniel
for a term to expire 04/01/2013
Appointment of Jerry Reichenbach
for a term to expire 04/01/2009
PLANNING COMMISSION:
Appointment of Susan Dollar
for a term to expire 01/01/09
n ""'· r. ·1 ° G \.: . .J ·-· -._J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2007
7 :00 P .M. -7:20 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the City of J ac ksonville , Arkansas met in Regular
Session on June 7 , 2007 at the r egu la r meet ing pl ace of the Council .
Alderman Howard delivered the invocation and Mayor Swaim l ed a standing
audience in the "Pl edge of Allegiancen to the flag.
ROLL CALL : Aldermen : Elliott, Smith, McCleary , Sansing , Ray, Ri n ker ,
Fletcher , Str oud , Twitt y , and Howard answered roll c all. Mayor Swaim al so
answered ROLL CAL L declaring a quorum. PRESENT ten (1 0), ABSENT (0).
Ot hers present for t he meeting were : City Attorney Rob ert Bamburg , Deputy
Clerk Linda Dulaney, Director of Admin istration Jay Whisker , Publ i c Works
Director Jim Oakley , Parks a n d Recreation Di rect or George Bi ggs, CDBG
Director Theresa Watson , Fire Chief John Vanderhoof, Police Chief Robert
Baker , Mrs . Judy Swaim, Mrs. Edith Smith , Mrs . Addie Gibson, inte re sted
citizens and members o f the press .
PRESENTATION OF MINUTES :
Mayo r Swaim p re sented the minut es of the r egula r Cit y Council meeting of
May 17, 2007 for approval and/or correction at the n ext r egul a r ly
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 3 May 2007 be APPROVED . MOTION CARRIED .
CONSENT AGENDA:
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ell i o t t moved, seconded by Al derman Ray t o approve the Regular
Monthly Report for May 2007 f r om the Jacksonville Fire Department , which
reflects a fire l oss o f $1 ,000.00 a nd a s a vings to ta l of $199 ,0 00 .00
REGULAR MONTHLY REPORT/ENGINEERING
Al derman Elliott moved , seconded b y Alderman Ray to approve the Regular
Monthly Report for May 2007. Said report ref l ects :
PERMITS/LICENSE ISSUED
Building P e rmi ts
Business License
UNSIGHTLY & UN SANITARY
Gr ass Lette r s
Property Mowed
Trash Letters
27
16
461
27
20
Trash Removal 4
Property Maint. Letters 6
Costs $1,363 .84
INSPECTIONS PREFORMED
Building Inspections 95
HVACR 4 3
Electrical 1 08
Plumbing 84
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Re pa i rs Made
Demolitions
1
2
0
0
0
0
0 ;(\ 'r .'·"}
·J L.'-. <..) •
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2007
7 :00 P.M . -7 :20 P .M.
ROLL CALL : Aldermen: Elliott, Smith, McCleary,
Fletcher, Stroud, Twitty , and Howard voted AYE .
Sansing , Ray , Rinker ,
MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION : FINAL PLAT Hatcher Oaks Addition Lots 1, 2, & 3
Alderman Fletcher moved, seconded by Alderman Sansing to approve the
Final Plat of the Hatcher Oaks Addition , Lots 1, 2 , & 3 . MOTION CARRIED .
GENERAL: a. ORDINANCE 1313 (#12-07)
AN ORDINANCE AMENDING JMC §8.08 .030 (DEFINITIONS) TO INCLUDE ADDITIONAL
DEFINITIONS REGARDING TRASH AND LITTER ; DECLARING AN EMERGENCY ; AND , FOR
OTHER PURPOSES .
Alderman Stroud introduced Keep Jacksonville Beautiful Director Ron
Newport.
Mr. Newport related that most of the grants for Keep Jacksonvi lle
Beaut i ful would come from Keep America Beautiful. He stated that one of
the requirements to receive grants is to review the current ordinances.
He noted that currently Keep Jacksonville Beautiful is applying for a
grant rega r ding the reduction of cigarette butts as litter . He added
that cigarette butts is regarded as the number one or number and two
litter problem in different areas of the United States. He explained
that part of the requirement is to ensure that loca l legislation properly
identifies litter and if the penal ties are adequate . He stated that
Ordinance 1313 refines those definitions.
Alderman Stroud raised concerns regarding a section of the code
addressing minimum occupancy area requirements as outlined in the
ordinance. He stated that in checking with other cities he was not able
to find a better way to address the problem of havi ng a large number of
approximately 30 people occupying one house. He invited solutions from
other City Council members.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1313 be
placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith, McCleary ,
Sansing , Ray , Rinker , Fletcher , Stroud, Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the
heading of Ordinance 1313.
2
Alderman Stroud moved , seconded by Alderman
APPROVED on FIRST READING. ROLL CALL:
McCleary, Sansing, Ray , Ri n ke r , Fletcher ,
voted AYE. NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2007
7:00 P .M. -7:20 P .M.
Smith that Ordinance 1313 be
Alderman Elliott, Smith,
Stroud, Twitty, and Howard
Alderman Smith moved, seconded by Alderman Stroud to suspend the rules
and place Ordinance 1313 on SECOND READING .
In response to a question posed by Alderman Ray, CDBG Director Theresa
Watson stated that when considering a loan, fami l y size is evaluated
regarding the number of bedrooms in the home . She went on to say that
the number of children, their ages , and sex usual ly determines if the
house is adequate for that family . Director Watson then acknowledged
that the situation Alde rman Stroud mentioned would not be an appropriate
application for the programs offered by CDBG .
Mayor Swaim stated that there is another ordinance that restricts the
number of family units that can live in one home . He noted that it would
be rare for a single family to have 30 members.
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 o f Ordinance 1313 .
Alderman Ray moved, seconded by Alderman Stroud to furthe r suspend the
rules and place Ordinance 1313 on THIRD and FINAL READING . ROLL CALL :
Alderman Ell io tt, Sm ith , McCleary, Sansing , Ray, Rinker, Fletcher,
Stroud , Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon
City Atto rney Bamburg read the heading of Ordinance 1313 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1313 be
APPROVED AND ADOPTED.
Alderman Fletcher qu est ioned if regulations in the Fire Code could
address situations of overcrowding in a single-family home and the numbe r
o f required exits in relation to the number of inhabitants .
Chief Vanderhoof offered to research the Code, but added that he was not
aware of any Code that would address that situation .
ROLL CALL : Alderman Elliott , Smith, McCleary, Sansing, Ray, Ri n ke r,
Fletcher , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED .
The emergency clause was removed from Ordinance 1313 (#12-07) .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1313 THIS 7 th DAY OF JUNE 2007.
b. ORDINANCE 1314 (#13-07)
AN ORDINANCE AMENDING AND MODIFYING THE JMC §18 .37 .030 , 18 .38.030 AND
18.39.030 TO ALLOW CONDITIONAL USE PERMITS FOR ADDITIONAL MANUFACTURED
HOUSING UNIT(S) OR MODULAR HOME(S); DECLARING AN EMERGENCY ; AND , FOR
OTHER PURPOSES .
3
0 J :: t ':": .) . \.... . U' .... )
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2007
7:0 0 P .M. -7 :20 P.M .
Alderman Smith moved , seconded by Alderman Elliott that Ordinance 1314 be
placed on FIRST READING . ROLL CALL: Alderman Elliott , Smith , McCleary,
Sansing , Ray , Rinker , Fletcher , Stroud, Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED. Whereupon Ci ty Attorney Bamburg rea d the
heading of Ordinance 1314 .
Alderman Ray moved,
APPROVED on FIRST
McCleary, Sansing,
vo ted AYE. NAY (0)
seconded by Alderman Stroud that Ordinance 1314 be
READING . ROLL CALL : Alderman Elliott, Smith ,
Ray , Rinker , Fletcher , S troud , Twitty , and Howard
. MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1314 on SECOND READING .
In response to a question posed by Alderman F l etcher , Director of
Administration and acting City Engineer Jay Whisker explained that the
ordinance would allow for the addition of a manufactured or modular home
to be added to the R-5 , R-6, and R-7 zonings . He noted a current
situation involving a family with a large amount of land that currently
has two mobile homes and they are requesting to add one more for a family
member . He stated that the provisions of this ordinance would allow for
that without subdividing the property and those requirements that
accompany subdividing .
It was noted that as a conditional use it would be approved by the
Planning Commission on a case-by-case basis.
City Attorney Bamburg explained that in the circumstances with
conditional uses each one is addressed individually, adding that there
are common factors that would apply in each circums tance . He stated that
the Planning Commission would review those factors and determine if the
request was appropriate or applicable depending on the circumstances .
Mayor Swaim noted that conditional uses are specified under each zoning
classification in the Jacksonville Municipal Code . He stated that this
would not be unusual under appropriate zoning classifications .
ROLL CALL: Alderman Elliott , Sm i th , McCleary , Sansing, Ray, Rinker ,
Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinan ce 13 14 .
Alderman Ray moved, seconded by Alderman St r oud to f u rther suspend the
rules and place Ordinance 1314 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 upon
City Attorney Bamburg read the heading of Ordinance 13 1 4.
Alderman Stroud moved , seconded by Alderman Ray that Ordi nance 131 4 be
APPROVED AND ADOPTED. ROLL CALL : Alderman E l liott, Smith , McCleary,
Sansing , Ray, Rinker, Fletcher , Stroud , Twitty, and Howa r d voted AYE . NAY
( 0) • MOTION CARRIED.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2007
7 :00 P.M. -7 :20 P.M.
Alderman Stroud moved , seconded by Alderman Ray that the EMERGENCY CLAUSE
be attached to Ordinance 1314 be APPROVED AND ADOPTED. ROLL CALL:
Alderman Elliott , Smith , McCleary , Sansing,
Stroud, Twitty , and Howard voted AYE. NAY (0).
Ray , Rinker, Fletch er ,
MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1314 THIS 7th DAY OF JUNE 2007.
APPOINTMENT(S): CIVIL SERVICE COMMISSION:
Alderman Elliott moved, seconded by Alderman Smith to approve the
reappointment of Donnie Farmer for a term to expire 4/01/2012 and to
approve the reappointment of Ron McDaniel for a term to expire 4/01/2013
and to appoint Jerry Reichenbach for a term to expire 4/01/2009. MOTION
CARRIED .
PLANNING COMMISSION:
Alderman Ray moved , seconded by Alderman Howard to approve the
appointment of Susan Dollar to the Planning Commission for a term to
expire 1/01/2009 .
ANNOUNCEMENT (S) : Mayor Swaim announced that the appeal to Mr . Mike
Wilson 's law suit had been upheld by the Supreme Court . He stated t hat
it means that the City will not receive approximate ly $200,000 from the
State Libra ry Fund. He stated that t he news should not alarm anyone,
explaining tha t the consideration of those funds was not budgeted into
the new Library construction project and wil l not deter plans . He stated
that if the Ci ty won the case , the monies would have been used for
additional amenities .
Mayor Swaim then noted that the Judge rul ed in favor of the City of
Sherwood regarding the recent annexation case .
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 7 :20p .m. MOTION CARRIED.
Respectfull ,
.~iw'4<1t1 MAYOR TO SWAIM
5
City Council Of Jacksonville, Arkansas
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Police Department:
Animal Control:
6. WATER DEPARTMENT:
AGENDA
Regular City Council Meeting
June 21, 2007 7:00p.m.
Regular City Council Meeting
June 7, 2007
Regular City Council Meeting
May 17, 2007
Regular Monthly Report/May
Chief Robert Baker
Regular Monthly Report/May
Public Works Director Jim Oakley
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13 . PLANNING COMMISSION :
14 . GENERAL:
15. APPOINTMENTS:
16 . ANNOUNCEMENTS :
ADJOURNMENT
Citizens Certificate of Merit Award
presented to Stephen Vaughn
(Mayor Swaim)
Request to approve funds from the
Capital Equipment to purchase a
generator to operate mobile command
post. (Mayor Swaim)
HEALTH CARE FACILITIES BOARD
Reappo intment of Pat O'Brien to serve
a term to expire 3/13/2012
0 '"'J n ., ~ ..,
' . .' ' / .. ~ ..... --.;. ~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2 0 07
7:00 P .M. - 7 :12 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the City of Jacksonville, Arkansas met i n Regular
Session on June 21 , 2007 at the regular meeting place of the Council .
Alderman Ray delivered the invocation and Vice Mayor Fletcher led a
standing audience in the "Pledge of Al l egiance" to the flag .
ROLL CALL : Aldermen : Elliott , Sm i th , McCleary, Sansing, Ray, Rinker, a nd
Stroud answered roll c al l . Vi ce Mayor F letcher al s o answered ROLL CALL
declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Twitty and
Howard were absent. Mayor Swaim was out of town attending the National
League of Cities Advisory Council.
Others present for the meeting were : City Attorney Robert Bamburg , Deputy
Clerk Linda Dul ane y, Finance Director Paul Mushru sh, Publ i c Works
Director Jim Oakley , CDBG Director Theresa Watson, Fire Battalion Chief
Joe Bratton, Pol i ce Capt ai n Charl e s Jenkins , Mrs . Addie Gibson, Mr . Larry
Kye, Mr . Eddie Mallett e , Mr. Larry Smith , Mr. Stephen Vaughn , intere sted
citizens and members of the press.
PRESENTATION OF MINUTES :
Vice Mayor Fletcher p resented the minutes of the regular City Council
meeting of June 7 , 2007 for approv al and/or correcti on at t he n ext
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 17 May 2007 be APPROVED . MOTION CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regu lar
Monthly Report for May 2007 . Sa i d r e port re f lects the Tota l Va l ue of
Reported Stolen Prope rty $118,809 . Total Value of Recovered Stolen
Property $33 ,750 and Total Report Sales $987.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for May 2 00 7 . Said report r e flec ts :
ADOPTION/FINES :
CONTRIBUTIONS :
TOTAL:
$2 ,595.00
$ 0 .00
$2 ,595 .00
ROLL CALL: Aldermen : Elliott , Smith , McCleary , Sansing , Ray , Rinker , and
Stroud voted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21 , 2007
7 :00 P.M . - 7 :12 P .M.
FIRE DEPARTMENT : Citizens Certificate of Merit Award presented to
Stephen Vaughn
Battalion Chief Joe Bratton related that the Certificate is being
presented to Stephen Vaughn on behalf of the citizens of the City of
Jacksonville and the Jacksonville Fire Department.
Whereas on the morning of February 28, 2007, an emergency
existed due to a person corning into contact with a live
electrical wire.
Whereas the male patient corning into contact with the wire was
in eminent danger of loss of life or limb due to t he
electrical shock and danger of falling from the roof of a
mobile horne where he was located .
Whereas Mr. Stephen Vaughn took action upon discovering the
emergency, disregarde d his own safety and ascended to the roof
of the mobile h orne and restrained the patient from the danger
of falling .
Whereas upon the arrival of emergency medical personnel, Mr .
Vaughn continued t o assist with the patient until the arrival
of additional Fire Department units.
It is therefore deemed t hat the Cit i zens Certificate of Merit
shall be bestowed upon Mr. Stephen Vaughn for his heroic and
unselfish actions in render i ng aid on alarm #07 -0366, which
contr ibut ed to the saving of a life .
In deepest gratitude , I affix my hand to this Citation on the
13t h day of June 2007 .
Battalion Chief Joe Bratton related that the certificate was
sign by Fire Chief John Vanderhoof
The City Council and a udience joined in applauding Mr. Vaughn's h eroic
action.
Vice Mayor Fletcher recognized the hono r of being able to present the
award , noting that i t is refreshing to have a citizen selflessly perform
a heroic duty when mainly the news is filled with adverse deeds. He told
Mr. Vaughn that the City of Jacksonville is proud to have him as a
citizen and that he sets the example for al l.
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
2
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2007
7:00 P.M . -7:12 P.M .
GENERAL : Request to approve funds from the Capital Equipment Fund to
purchase a generator to operate the mobile command post .
Battalion Ch i ef Joe Bratton informed the City Council that the request is
for a 6500 -watt generator to power the mobile command unit. He reminded
the City Council that the mobile command unit was relieved from the
Federal surplus post Hurricane Katrina . He related that currently the
mobile command unit is being remodeled to benefit the use as a post ,
adding that the generator would allow the unit to self-power. He noted
that the unit would probably be located to a site that would not have
power .
In response to a question posed by Alderman Elliott , Battalion Chief Joe
Bratton stated that the low bid did meet all specifications.
Alderman Elliott moved, seconded by Alderman Stroud to approve the low
bid from Cabot Outdoor s in the amount of $3889.94 . MOTION CARRIED.
APPOINTMENT(S): HEAL TH CARE FACILITIES BOARD:
Alderman Smith moved , seconded by Alderman Stroud to approve the
reappointment of Pat O'Brien for a term to expire 3/13/2012. MOTION
CARRIED .
ANNOUNCEMENT (S) : Alderman McCleary noted interest in the City to
organize cleanup efforts in the Sunnyside Addition, announcing that there
would be a meeting Thursday , June 28 th at 2:00 p.m. at City Hall .
Alderman Stroud related that Ron Newport , Executive Director of Keep
Jacksonville Beautiful has asked the City Council members to allow their
names used as "stakeholders". He noted the importance of having the City
Council participate as being stakeholders regarding when Keep
Jacksonville Beautiful applies for grants . He related that so far they
have collected $10,000.00 to begin important projects, adding that CDBG
will be collaborating with funds to produce landfill calendars. He stated
that Keep Jacksonville Beautiful plans a presence at Wing Ding and there
are plans to cleanup one -third of Sunnyside Addition this year.
Discussion ensued regarding a Resolut i on and it was the consent of City
Council members individually to lend their names to support Keep
Jacksonville Beautiful for grant application efforts .
ADJOURNMENT: Without objection, Vice Mayor Fletcher adjourned the meeting
at approx imately 7 :12p .m. MOTION CARRIED .
Respectful l y ,
~~ YOR TO SWAIM
3
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:
AGENDA
Regular City Council Meeting
July 5, 2007 7:00 p.m .
Regular City Council Meeting
June 21, 2007
Regular City Council Meeting
June 7 , 2007
Engineering Department: Regular Monthly Report/June
Mayor Swaim
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:
ADDITION TO THE AGENDA:
ADJOURNMENT
a . ORDINANCE 1315 (#14-07)
Amending JMC §18 .28.020 & 18.32 .020
Permitted zoning uses (Mayor Swaim)
b. ORDINANCE 1316 (#15-07)
Reclassifying property between
Swift Drive and General Samuels
from M-2 to C-4 (Mayor Swaim)
a.
b.
DISCUSSION: A&P Commission
recommendation to pass a 2 %
Prepared Food Tax (Alderman Smith)
Set public hearing for Health Facilities
Board July 19, 2007 7 :00 p .m .
City Council meeting (Mayor Swaim)
NORTH PULASKI WATERWORKS
PUBLIC FACILITIES BOARD : Appointment
of Bill Thompson to fill the unexpired term
term of Vestal Johnson to expire 10/02/2009
PARKS AND RECREATION COMMISSION:
Appointment of Raymond Hunter for a term
to expire 5/09/2012
Request to Accept Bid: 2007 Asphalt Overlay
Program
OJ n·· r.-. ;,_,~' --t..!. J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5, 2007
7:00 P.M. -8:1 4 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on July 5 , 2007 at the regular meeting place of the Council .
Alderman Stroud delivered the invocation and Mayor Swaim l ed a standing
audience in the "Pledge of Allegiance" t o t h e flag.
ROLL CALL : Aldermen: Elliott, Smith , Sansing , Ray , Rinker , Fletcher,
Stroud, Twitty , and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a q uorum. PRESENT nine ( 9), ABSENT ( 1) . Alderman
McCleary was absent .
Others present for the meeting were: City Attorney Robert Bamburg,
Director of Administration Jay Whisker, Public Works Director Jim Oakley,
Finance Manager Cheryl Erkel , Human Resource Director Jill Fourqu r ean,
Parks and Recreation Director George Biggs , CDBG Director Theresa Watson ,
Battalion Chief Joe Bratton , Police Chief Robert Baker , Parks and
Recreation Public Relations Manager Annabelle Davis , Mrs. Joan Zumwalt ,
Mrs. Helen Stroud, Mrs . Addie Gibson, Mr. T ommy Dupree, A&P Secretary
Nikki Wilmoth, Mr . Mike Wilson , Mr . Larry Wilson , Mr . Ray Hunter , Mr.
John Hardwick , interested citizens and members of the press.
Mayor Swaim introduced and the City Counci l welcomed new l y hired
Human Resource Director , Jill Fourqurean .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minut e s of the regular City Council meeting of
June 21 , 2007 for approval and/or correction at t he next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved , seconded by ~derman Stroud that the minutes of the
Regular City Council Meeting of 7 June 2007 be APPROVED. MOTION CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: a . ORDINANCE 1315 (#14-07)
AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§
18 .28.020 AND 18.32.020 TO ALLOW PERMITTED USE OF SINGLE-FAMILY AND TWO
FAMILY SITE BUILT DWELLINGS IN R-2 AND R-3 ZONING CLASSIFICATIONS; AND,
FOR OTHER PURPOSES.
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2007
7 :00 P.M . - 8 :14 P .M.
Alderman Elliott moved, seconded by Alderma n Stroud that Ordi nance 1315
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 the heading o f
Ordinance 1315.
Director of Administration and Act i ng City Engineer Jay Whisker explained
that currently the R-2 zon i ng does not offer an opportunity for single-
family housing even though the zoning description does mention the
inclusion of single-family housing. He noted that the ordinance would
correct that language a nd noted that the same is being proposed for the
R-3 zoning classification to allow R-2 and R-1 .
Mayor Swaim noted that the general rule has always allowed a higher
classification of residential to be built in a lower zone but not the
reverse .
In response to a quest i on posed by Alderman Fletcher , Mr. Whisker stated
that currently in the Bellevue area the developer is proposing to build
single-family and duplexes .
Alderman Stroud moved , seconded by Al derman Ray that Ordinance 1315 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Sm i th, Sansing ,
Ray, Rinker, Fletcher , Stroud , Twitty, and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1315 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 1315 .
Alderman Stroud moved , seconded by Alderman Ray to further suspend the
rules and place Ordinance 1315 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott , Smith , Sansing , Ray , Rinker , Fletcher , Stroud , Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Wh e reupon City Attorney
Bamburg read the heading of Ordinance 1315.
Alderman Stroud moved , seconded by Alderman Howa r d that Ordi nance 1315 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, Sansing, Ray,
Rinker, Fletcher , Stroud, Twitty , a n d Howard voted AYE . NAY (0). MOTION
CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1315 THIS 5 th DAY OF JULY 2007 .
b . ORDINANCE 1316 (#15-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : BETWEEN SWIFT DRIVE AND GENERAL SAMUELS ROAD);
AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY
OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES .
2
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1\'"'('1110 \..: .j ·~ ·--'1. v
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2007
7:00 P.M. - 8 :14 P.M .
Mayor Swaim noted that the zoning reclassification is a recommendation
from the Planning Commission.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1 316 be
placed on FIRST READING . ROLL CALL : Al derman Elliott, Smith, Sansing ,
Ray , Rinker , Fletcher , S t roud, Twitty , and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City At t orney Bamburg read the h eading of
Ordinance 1316 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1316 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 Howard moved, seconded by Alderman Stroud to suspend the rules
and place Ordinance 1 316 on SECOND READING . ROLL CALL: Alderman
Elliott, Smith, Sansing , Ray, Rinker, Fletch er , Stroud , Twitty , and
Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney
Bamburg read the heading of Ordinance 1316.
Alderman Stroud moved, seconded by Alde r man Ray to fur t her suspend the
rules and place Ordinance 1316 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith , Sans i ng, Ray, Ri nker , F letche r , Stroud , Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED . Whe r e upon City Attorney
Bamburg read the heading of Ordinance 1316.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1316 be
APPROVED AND ADOPTED. ROLL CALL: Al derman Elliot t, Smith, Sansing , Ray,
Rinker, Fletcher, Stroud, Twitty , and Howard voted AY E . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED , ADOPTED, AND NUMBER 1316 THIS 5 th DAY OF JULY 2007.
GENERAL: a . DISCUSSION A&P Commission recommendation to pass a 2 %
Prepared Food Tax
Alderman Smith related that the i tem of business has come as a
recommendation from the A&P Commission for discussion and to determine
the amount of interest in adopting a prepared food tax. He exp l ained
that the A&P Commission consists of two motel industry executives, two
food industry execut ives , Mayor Swaim, Alderman Stroud and himself as
Chair. He related that the A&P Commission hired a consul ting firm
regarding an effective Master Tourism Plan regarding a more significant
visitor market appeal. He stated that pa r t of the recommendation was to
adopt a "hamburger tax", adding t hat the A&P Commiss i on h a s been
reluctant, not wanting to deter from Jacksonvi l le getting a new school
district . He related that the Tourism Committee offered budgeting
information regarding the tourism needs in Jacksonville . He explained
that the recommendation was only made after many meetings and much
deliberation , fina l ly the . A&P Commission agreed to make the
3
O.Jn .. ,r.n
' \.,. -· '':! J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2007
7 :00 P .M. - 8 :14 P.M.
recommendation contingent that a larger amount be allocated to t he Parks
and Recreation Fund as well as the marketing and promotion of existing
assets in Jacksonville. He added that the Commissioners also requested
that a draft budget be prepared within the A&P Commission, which was
conducted by Finance Director Paul Mushrush through Commissioner
recommendations . He stated that finally in June it was decided that the
Commission would send forth a recommendation to the City Council to
determine interest in a prepared food t ax . He offered to review the
budget by line item and added that the Commission is committed to
measuring the effectiveness of monies spent.
Mayor Swaim offered the floor for comments both for and against.
Mr. Mike Wilson stated that he is speaki ng primarily for himself but also
as Chairman of the Chamber of Commerce Tourism Committee. He stated that
the Tourism Committee agrees with the A&P Commission that Jacksonville
should enact a prepared food tax to support its advertising and promotion
regarding existing and coming attractions. He then agreed that there
shou l d be accountability and measurements regarding results.
Mr . Jody Urqhart stated that he is representing the young families of the
Commun ity , citing the high school graduating statistics would support
that young families are not moving to Jacksonville . He stated that the
school system is the number one issue for J acksonvi lle, pointing out that
the citizens have supported two local taxes over the last five years . He
noted that the one -cent sales tax, to build three buildings, generates
approximately 3 million annually and does not have a sunset clause. He
stated that once the buildings are funded the City has 3 million dollars
being absorbed into operations , adding that he feels that tax money could
be proportionately directed toward supporting t he Museum and
i nfrastructure. He stated that with the prepared food tax, Jacksonville
might have the highest taxes on a hamburger in the Country. He then noted
that over the last five years water , electricity , gas and sewer has gone
up and at some point it needs to stop . He concluded saying that he does
not feel a hamburger tax is "just right" it is "just wrong" for the City
of Jacksonville.
Mr . John Hardwick stated that he is representing the Chamber of Commerce
Board of Directors, saying that the Board is not against the tax but
would l ike to have further input as to how the monies are allocated . He
stated that the Chamber and citizenry felt as if they had little input as
to how the money was to be spent. He requested that action be tabled
pending additional input from the citizenry regarding allocations.
Mr. Davis stated that he supported the proposed budget but his concern is
that it is a tax, adding that with the increased cost of gasoline ,
mortgages , utilities, and groceries costs are rising . He stated that his
main concern would be the future school system. He stated that there are
many families that are having trouble mak i ng ends meet . He related that
he appreciates local officials and is very proud of all the work done by
the City a nd f eels Jacksonville is o ne of the best cities in the
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2007
7 :00 P .M. -8 :14 P.M .
surrounding area . He stated that his concern regarding the tax,
explaining that he would not want it to affect the possibility of a
school millage in the future.
Mrs . Joan Zumwalt stated that she would like to endorse the tax, asking
the City Council to remember that a prepared food tax would only affect a
few businesses, while a broad sales tax affects all purchases . She
stated that she has been a resident of the community for 44 years and
loves Jacksonville . She stated that i n her experi ences , all successful
ventures for the City have needed promotion and advertisement. She
stated that the Museum is very optimi stic following the recent military
inspection that the Museum will receive a permanent loan airplane for the
grounds of the Museum. She noted that the only costs to the Museum would
be the transport, setup and maintenance. She stated that she wou l d be in
favor of the progressive act of passing a 2% prepared food tax .
Mr. Adrian Stewart stated that he is not aware o f more than two visitors
since 1989 regarding the Reed 's Bridge Battlefield and does not believe
the Museum will be able to fit an ai rcraft in the space availab l e .
Alderman Smith confirmed with Mrs . Zumwalt that there is adequate space
available at the north end of the Museum.
Mr . Mike Houchen , an A&P Commissioner , stated that in order for the City
to grow and move forward it must continue to improve Parks, adding that
the Parks are the biggest draw to Jacksonv ille . He stated that t he
prepared food tax is a separate issue from t he concern f or schools ,
adding that the current hotel/motel tax revenue of $88,000 is not enough
to grow and promote J acksonvi lle. He stated that Jacksonville needs to
do what it can today to get money for growth and advertisement , adding
that the schools will be forthcoming . He noted that cities north and
south have the tax, some higher . He stated that Jacksonville can sit
back , do nothing and maintain or grow toward the future . He s tated that
if nothing else we need t o concentrate on the Parks as the biggest draw,
addi ng that Reed's Bridge is not and could be addressed in the future .
He supported the proposed budget for the Museum 's airplane, urging that
the money be spent to advertise and promote Jacksonville . He pointed out
that there is no benefit from doing nothing .
Mr . Adrian Stewart stated that he would like to speak in favor of t he
softball fields , which historically has enjoyed an Air Force wide
reputation as good ball fields. He stated that ball tournaments fil l up
the hotels and restaurants more than anything else .
Mr . Tommy Dupree stated that Reed's Bridge is part of the Park system . He
added that he has been involved in the ball fields all his life. He
stated that i n t he 1980 's he along with the Sertoma Club rai sed $25 ,000
and worked to build up the fields themselves to continue having
tournaments. He pointed out that there are other things for people in
parks other than playing ball . He stated that the imp o r tant issue is
acquiring land while it is avai lab le for future growth, if not he stated
that it would not be available later .
5
CITY OF JACKSONVILLE
REGULAR CI TY COUNC I L MEETING
JULY 5 , 2007
7:00 P .M. - 8 :14 P .M.
Alde r man Sansing stated tha t he would be remiss if he did n ot point out
that if adopted the prepared food tax would be 11%, which wou l d be one o f
the h ighest in the State. He stated that i n today 's busy society many
mo re families are purchasing p repare d foods on a weekly basis than ever
before . He stated that he has heard discord among citizens r egarding 50 %
of the budget being proposed f or the professional promotion/marketing
campaign , when there are othe r entities in the Ci ty that coul d benefit.
He stated that i f t h e tax is abso l utely deemed to be the best thing for
the City then it should be s o ld to the citizens . He stated that right
now the only support he hea r s for the tax is from vested ind i v iduals wh o
have p roposed projects. He added that he i s n ot hea r ing a lot o f support
from the citizens.
Alderman Twitty stated that she supports the tax , noting that other
surrounding areas have a hamburger tax. She stated that wi thout
additional funds Jacksonville would go s tagnant without g rowth .
Alderman St roud stated that over the last sixtee n years he h as been
co n ce rned rega r ding t he appearance of Jacksonvil le and feels that there
has been a l ot o f progress . He stated that h e supports the hamburger tax
and feels that i t is the best cho i ce f or Jacksonville. He stated that
Jacksonville is a grea t place to live and work, addi ng that i t ca n be
made better .
Alderman Ray sta t ed that he has listened car e fu l ly and appreciates t h e
input from al l sides . He added t h at he loves Jacksonville and wa nts to
see it grow, adding that Jac k sonville is a good steward o f t he tax
dollars. He stated that t h ere are City o ffic ia ls who work hard to make
this City grow , adding that he supports the prepared food tax.
Alderma n Rinker stated that there is a perception problem with the tax ,
add ing t hat there needs t o b e furt h er e d ucation to let the citizenry know
more about how the tax wi l l help them .
Alderman Fletcher stated that in reviewing the proposed project list some
of the projects will require c o ntinued annua l funding. He stated that he
feels the primary thing needed by Jacksonville is the school district and
would support any ef f o rts to ach i eve Jacksonville having its own school
district . He stated that while all the proposed projects are good
projects for the City , he feels tha t a five-year vision plan needs to be
developed and offered to the citizens to help sel l the tax . He stated
that he would support a communi t y meeting at the Community Center to
gather add i tional c i tizen input. He stated that he would like to see a
fiv e -year v ision projection regarding each o ne o f t he proposed pro j ects.
Alderman Howard stated that over the past 60 years in Jacksonville he has
seen a lot of change and progress , noting that the 2% prepared food tax
could go along way toward doing so much for the City o f Jacksonville . He
stated that he has been a par t of t he Reed 's Bridge Battlefi eld and
agrees with Mr. Dupree t ha t if t he land is not acquired wh e n avai l able ,
later it will not be availabl e . He stated that along with anyone e ls e he
6
CITY OF J ACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2007
7 :00 P.M . - 8 :14 P .M.
does not like to have to pay higher taxes but that this is something that
is needed for Jacksonville. He stated that he feels Jacksonville wi ll
have its own school system and hopefully not too far into the future.
Alderman Elliott stated that he appreciates both sides, adding that he
believes a plan should be formulated with a clear vision regarding future
economic development . He continued saying that he believes Parks and
Recreation should be a large part of the consideration , adding t hat he
feels a large percent should be allocated to Parks and Recreation, be i ng
the biggest draw in the City. He offered that a clear vision should be
taken into consideration in the development of a solid plan.
Al derman Fletcher questioned if monies offered to Parks and Recreation
would be spent to subsidize the current programs or used to implement and
expand new programs. He stated that the proposed budget does not offer a
long-range plan and h e does not feel the public will support the p roposal
without a plan in place.
Alderman Smith stated that the thought of the Commission was to
concentrate monies the first year in a promotion/marketing campaign that
would get the word out to people not living in Jacksonville about the
Splash Zone , Museum , and other attractions.
Alderman Elliott reiterated that a comprehensive plan needs to be in
place before a tax is implemented.
Mayor Swaim noted that the monies are restrictive in nature, he explained
that the monies could not be used to address drainage, fix potholes or
housing needs etc . He clarified that th e monies are very specific and
the guidelines provide what it can or cannot be used for .
Discussion ensued as to the process of educating t he public through
public hearings, keeping in mind the narrow scope outlined in the
restrictive nature o f those funds . It was also noted that the monies
could not be applied toward avenues to achieve a separate school
district, but only towards Parks and Recreation, marketing or any en tity
that would help bring tourism into the City .
Mayor Swaim noted that projects deemed to be advantageous to the
promotion o f Jacksonville would have to be a contracted with that e ntity
through the A&P Commission in order to expend funds. He then noted that
the law is very specific to state that funds canno t be given to the
Chamber of Commerce or expended on Capital Improvements other than
convention centers or similar projects, which promote tourism . He
reminded the City Counci l that the A&P Commission spent $10,000 to have a
study performed , adding that it is imperative that the study be given due
consideration .
Mayor Swaim clarified to his understanding that there is general
sentiment to prolong the discussion period to reevaluate allocation . He
noted that he and Alderman Smith have vis i ted with other cities regarding
the allocation of funds from their tax. He no ted that the City of
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2007
7 :00 P.M . -8:14 P.M .
She rwood al l ocates the first $300,000 toward the upkeep and maintenance
of their community center . He stated that the City of Jackson vi lle
cannot continue to bui ld cap i tal improvements for Parks and expec t the
General Fund to fund those ventures . He noted that the Parks budget is
approximately two million dollars and the income is less t han five
hun dre d thousand . He exp l aine d that in capital improvement situations
employee and maintenance/operation considerat ion s are continued
increasing costs . He s tated that employee cost is the largest allocation
for the City and the two largest Departments is public safety , adding
t hat no one desires to cut employee cost in Fire or Police in order to
fund o t her Departments . He stated that he would be open to hosting a
public hearing at the Community Center or continuing d iscussion at City
Council meetings , reminding the City Council that funding allocations
must stay withi n the framework provi ded by law . He stated that i t
appears there are three options 1) a public h earing , 2 ) a joint meeting
wi t h the A&P Commission and City Council , 3) or schedu le for a vote at
the next City Council meeting.
Alderman Fletcher moved, seconded by Alderman Sansing to schedule a
public hearing.
Mayor Swaim noted that the item is not up for action, explaining tha t a
consensus from the City Council would be appropriate .
MOTION retracted.
It was the consensus of the City Council to meet with the A&P Commission
at their regular meeting July 16th @ 6 :30 p .m.
b . Set public hearing for Health Facilities Board
Mayor Swaim noted that a public hearing would be held at the July 19t h
regular City Council meeting at 7:00p.m .
APPOINTMENT(S): NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD
Alderman Smith moved, seconded by Alderman Ray to approve the appointment
of Bill Thompson to fill the unexpired term of Vestal Johnson to expire
10/02/2009. MOTION CARRIED .
PARKS AND RECREATION COMMISSION
Alderman Ray moved, seconded by Alderman Stroud to approve the
appointment of Raymond Hunter for a term to expire 5/09/2012 . MOTION
CARRIED.
ADDITION TO AGENDA : Request to Accept Bid for 2007 Asphalt Overlay
Program
Mayor Swaim related that the low bid was from Roger 's Group , who failed
to compl ete the proper paperwork and the bid was disqualified .
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5, 2007
7 :00 P .M. -8:14 P.M.
Alderman Elliott moved , seconded by Alderman Smith to place the request
to accept bid for 2007 Asphalt Overlay on the agenda . MOTION CARRIED .
Mayor Swaim then related that the recommendation is for the second lowes t
bidder Cranford Construction.
Alderman Ray moved , seconded by Alderman Sansing to accept the second
lowest bid from Cranford Construction in the amount o f $257,745 .89 with
funds to be drawn from the Street Department budgeted funds . MOTION
CARRIED .
ANNOUNCEMENT ( S) :
Director of Administration Jay Whisker announced that Northeastern would
be closed the later half of July, explaining that the Wastewater
Department would pipe burst the lines d i rectly under Northeastern. He
noted that a closure announcement would be p l aced in the local papers.
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 8 :14 p .m. MOTION CARRIED.
Respectfully ,
9
City Council Of Jacksonville , Arkansas
1. OPENING PRAYER :
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Police Department:
Animal Control:
Fire Department:
Engineering Report:
6 . WATER DEPARTMENT :
AGENDA
Regular City Council Meeting
July 19, 2007 7:00 p.m .
Regular City Council Meeting
July 5 , 2007
Regular City Council Meeting
May 17 ,2007
Regular Monthly Report/June
Chief Robert Baker
Regular Monthly Report/June
Public Works Director Ji m Oa kley
Regular Monthly Report/June
Chief John Vanderhoof
Regular Monthly Report/June
Mayor Swaim
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12 . PARKS & REC . DEPT:
13. PLANNING COMMISS IO N: a . FINAL PLAT: Bellevu e Addition PH IV
(Mayor Swaim)
b . FINAL PLAT: Porter Subdivision
(Mayor Swaim)
c . FINAL PLAT : Garrett Subd ivision
(Mayor Swaim)
14 . GENERAL: PUBLIC HEARING 7 :00 P.M .
15 . APP OI NTMENTS:
16 . ANNOUNCEMENTS :
ADJOURNM ENT
ORDINANCE 131 7 (#1 6-07)
Issuan ce of revenue bonds by
Jacksonville Health Care Facilities
Board (Mayor Swaim )
C1 n ·tr-r ·-· ·~ . ,_)...)
I\ c "\ '=' ." 0 · .. } -;) -.)
CITY OF J ACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19 , 2007
7 :00 P .M. - 7 :18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Cou ncil of t he City of Jacksonville , Arkansas met in Reg ular
Session on July 19, 2007 at the regular meeting place of the Council .
Alderman Ray delivered the invocation and Vi ce Mayo r Fletcher led a
standing audience i n the "Pledge of Allegiance" to the fla g .
ROLL CALL : Alde r me n : El l iott , Sm i t h, McC l eary , Sansing , Ray , Rinker,
Stroud, and Howard answered roll ca ll . Vice May or Fletcher a l so answered
ROLL CAL L declaring a quorum. PRES ENT eight {8), ABSENT {2). Alderman
Twitty and Mayor Swaim were absent.
Others prese nt fo r t he meet i ng were: City Attorney Robert Bamburg, Ac t ing
Deputy Clerk Nikki Wilmo th, Director of Administrat i on Ja y Whisker ,
Public Works Director Jim Oakley , Human Re source Director Jill
Fourqurean, Parks and Recreation Director George Biggs, CDBG Director
Theresa Watson, Fire Chi ef John Vanderhoof, Po lice Ch ief Robe rt Baker,
Mr s . Addie Gibson, Mr. Larry Smith , Pul aski County Clerk Pat O'Brien ,
Attorney Michael Moyer , i n t erested citizens and members of the pres s .
DEVIATION IN AGBNDA : 7 :00 Public hearing
ORDINANCE 1317 (#16-0 7 )
AN ORDINANCE APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF
JACKSONVI LLE , ARKAN SAS HEALTH CARE (DEVE LOPMENTALLY DISABLED) FACILI TIES
BOARD ; PRE S CRIBING OTHER MATTERS RELATING THERETO ; AND, FOR OTHER
PURPOSES .
Vice Mayor Fl e t c he r opened the pub l ic hearing at approximatel y 7:01 p.m.
Director of Pathfinder , Mr . Mike McCreight stated that they are proposing
to re finance the two -s t ory Pickens Building at the corner of Redmond and
Main Street along with financing a new preschool . He re l a t ed that the new
preschool would be approximately 40 ,000 squar e foot that wou ld accommodate
appro x imately 188 i ndividuals , add ing that it would replace the current
facility. He then stat ed the proposal t o include renovations to the skill
training bui lding , explaining the need t o add approx i mately 6 ,800 square
f e et of additiona l space due to growth.
I n respons e to a que stion posed by Alderma n Elliott , Mr . Mc Cre ight stated
that the new bui lding would be located to the r ear o f Coleman 's and behind
the two existing buildings towards the railroad .
In r esponse to a question posed by Alderman Smith , Mr. McC r e ight stated
that the genera l understanding is that the Bank of America will purchase
the 30 -year amort i zed bonds .
With no one else to spe ak, Vi ce Mayor Fletcher closed the public hearing
at approximate ly 7 :04 p.m.
Alderman Smith moved , seconded by Alderman McCleary that Ordi n ance 1317
be placed on FIRST READING. ROLL CALL : Alderman Elliott , Sm i th,
1
('\ '"'t ll ., r:--~
l ~ • • . -~-; •
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
JULY 19, 2007
7 :00 P.M . -7:18 P.M.
McCleary , Sansing , Ray , Rinker, Stroud, and Ho ward voted AYE. NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamb urg read the heading of
Ordinance 1317 .
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1317 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, Smith ,
McClea r y , Sansing , Ray , Rinker , Stroud , and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Ray moved, secon ded by Alderman Stroud to suspend the rules and
place Ordinance 1317 on SECOND READING.
City Attorney Bamburg c larified for the record that the issuance of
revenue bonds for the Health Care Fac i lities Board does not f inancially
obligate the City of Jacksonville. He stated that accentually this is
the same as the recent Act 9 circumstance , explaining tha t this is i n a
slightly different format .
ROLL CALL : Alderman Elliott , Smith , McCleary , Sansing, Ray, Rinker,
Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereu pon City
Attorney Bamburg read the heading of Ordinance 1317 .
Alderman Stroud moved , seconded by Alderman Sansing to further suspend
the rules and place Ordinance 1317 on THIRD and FINAL READING. ROLL
CALL: Alderman Elliott , Smith , McCleary , Sansing , Ray , Rinker, Stroud ,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whe reupon City Attorney
Bamburg read the heading of Ordinance 1317.
Alderman Stroud moved , seconded by Alderman Elliott that Ordinance 131 7
be APPROVED AND ADOPTED . ROLL CALL : Alderman Ell iott, Smith, McCleary,
S ansing, Ray , Rinke r , Stroud , and Howard voted AYE. NAY (0). MOTION
CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1317 THIS 19th DAY OF JULY 2007.
RESUME AGENDA :
PRESENTATION OF MINUTES :
Vice Mayor Fletcher presented the minutes of t h e regular City Council
meeting of June 7, 2007 for approval and/or correct ion at the next
regularly scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Stroud moved , seconded by Alderman Howard that the minutes of
the Regular City Council Meeting of 17 May 2007 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Ell iott moved, seconded by Alderman S t roud to approve the Regular
Monthly Report for June 2007. Sa i d report reflects the Total Value of
Reported Stolen Property $80 ,979 . Total Value of Recovered Stolen Propert y
$24 ,126 and Total Report Sales $980.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19, 2007
7 :00 P .M. -7 :18 P .M.
REGULAR MONTHLY REPORT /ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Stroud to
Regular Monthly Animal Control Report for June 2007 .
reflects:
ADOPTION/FINES:
CONTRIBUTIONS:
TOTAL:
$2,035.00
$ 0.00
$2,035.00
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
approve the
Said report
Alderman Elliott moved , seconded by Alderman Stroud to approve the Regular
Monthly Report for June 2007 from the Jacksonville Fire Department, which
reflects a fire loss of $13 ,410.0 0 and a savings total of $166 ,590 .00.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Stroud to approve the
Regular Monthly Report for June 2007 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
20
21
UNSIGHTLY & UNSANITARY
Grass Letters 502
22
147
3
Letters 37
$942 .10
Property Mowed
Trash Letters
Trash Removal
Property Maint.
Costs
INSPECTIONS PREFORMED
Bui l ding I nspect ions 98
HVACR 61
Electrical 128
Plumbi ng 94
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
Demolitions
39
0
0
0
0
In response to a question posed by Alderman Stroud , Director of
Administration Jay Whisker and Public Works Director Jim Oakley agreed
that a large number of the same properties are mowed continuously by the
City .
Director of Administration explained that the part of the reason the City
is mowing the same properties over again i s because of mowing competition
prices are at a low and property owners are allowing the City to mow
their property.
Alderman Stroud clarified that the City is able to broker a better mowing
price than the individual property owner is able to do for himself.
Director of Admin i stration Jay Whisker stated that if the individual were
to contact the same mowers they would probably be able to get the same
price as the City . He then agreed with Alderman Stroud that the City in
turn charges only that amount contracted for each j ob to the property
owner . He then answered that if not paid an adminis tration fee is
app l ied at the end of the year when property l iens are filed with the
County.
3
C ""'" ·• r-n :}I_: l d J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19 , 2007
7 :00 P.M . - 7 :18 P.M .
Alderman Stroud stated in his opini on that followi ng the City mowing any
property twice in the same mowing season the property owner should be
cited, adding that he feels most of the City Council would fee l that the
City should not continuously broker mowing at lower prices .
Directo r of Administration Jay Whisker noted that the Ordinance al l ows
for an administration fee and City Attorney Bamburg added that it also
allows the property owner t o be cited if necessary . He then clarified
that the Ordi nance does not specify a number of times t he property must
be found out of compliance before being cited .
Di rector of Administration Jay Whisker t h en answered that t ypically the
City issues a citation on the third offense. He then noted difficulty
with ci ting out of State property owners .
Alderman Stroud stated that most citizens in Jacksonville take care of
their property, explaining that it is not fair to those who do take care
of thei r property to facilitate property owners who do not take care of
their property . He urged that the City be more a ggr es sive in issuing
those citations .
ROLL CALL : Aldermen Elliott,
Stroud and Howard voted AYE .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION:
Smith, McCleary ,
MOTION CARRIED .
Sansing , Ray,
PLANNING COMMISSION: a. FINAL PLAT Bellevue Addition PH IV
Rinker,
Acting City Engineer Whisker related that the recently approved Ordinance
to allow single -f am ily housing to be built in R-2 zon ing would apply to
the Bellevue Subdivision . He noted that the developer is proposing to
build single -family and duplex housing . He then answered that the lots
are approximate l y 60 ' X 100 ' . It was noted that single-family or duplex
status would not be designated prior to construction of each lot .
In response to a question posed by Alderman Smith , Act ing City Engi neer
Whisker answered that all unfinished improvements have been bonded per
Ci ty ordinance .
Discussion ensued and it was clarified that the subdivision would show a n
R-2 zoning on the Zoning Map .
Alderman Ray moved, seconded by Alderman Stroud to approve the Final Plat
of the Bellevue Addition PH IV Subdivision. MOTION CARRIED.
A zon i ng correction on the plat from R-1 to R-2 was noted .
4
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
JULY 19 , 2007
7 :00 P .M. -7:18 P .M.
Acting City Engineer Whisker clarified that the subdivision would h ave
25 ' front yard setbacks.
b . FINAL PLAT Porter Subdivision
Alderman Elliott moved , seconded by Alderman Howard to approve the
Final Plat of the Porter Subdivision as presented . MOTION CARRIED.
c. FINAL PLAT Garrett Subdivision
Acting City Engineer Whisker related that the Garrett Subdivision is a
one-lot subdivision that consisted of a metes and bounds tract of land.
He added that the builder would be removing a mob ile home to build a site
built home, not i ng that the property currently has sidewalks . He then
noted that the Planning Commission waived the requirement for curb and
gutter because it would not match the surrounding areas.
Alderman Howard moved, seconded by Alderman Stroud to approve the
Final Plat of the Garret Subdivision . MOTION CARRIED .
GENERAL :
APPOINTMENT(S):
ANNOUNCEMENT(S): Vice Mayor Fletcher noted the opening of the new dog
park, commending the Parks and Recreation Department for broadening the
participation base of the Parks system.
ADJOURNMENT : Without objection, Vice Mayor Fletcher adjourned the meeting
at approximately 7 :18 p .m. MOTION CARRIED .
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:
6 . WATER DEPARTMENT:
Regular City Council Meeting
August 2, 2007 7:00p.m.
Regular City Council Meeting
July 19 , 2007
Regular City Council Meeting
July 5 , 2007
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.
Grant Award: Edward Byrne
Memorial Justice Assistance
Grant (Mayor Swaim)
ORDINANCE 1318 (#17-07)
Creating JMC §3.06.015 establishing
a prepared food tax
(Aldermen Smith, Howard , Ray,
Stroud , Twitty)
b. Request to accept bid: Library
construction (Mayor Swaim)
c . Request to accept bid: CDBG sidewalks
& handicap ramps (Mayor Swaim)
------
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2007
7:00 P .M. - 8 :13 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvi l le , Arkansas met in Regular
Session on August 2, 2007 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 ca l l. Mayor Swaim also
answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Acting
Deputy Clerk Nikki Wilmoth, Finance Director Paul Mushrush , Director of
Administration Jay Whisker, Public Works Director Jim Oakley, Human
Res ource Director Jill Fourqurean, Parks and Recreation Director George
Biggs, Parks and Recreation Marketing Director Annabelle Davis , CDBG
Director Theresa Watson , Fire Chief John Vanderhoof , Police Chief Robert
Baker, Mrs . Judy Swaim , Mrs. Edith Smith , Mrs. Joan Zumwa lt , Mrs . Addie
Gibson , Mr . Larry Smith , interested citizens and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
July 19, 2007 for approval and /or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 5 July 2007 be APPROVED . MOTION CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT : Edward Byrne Memor i al Justice Assistance Grant Award
Police Chief Robert Baker informed the City Council that the Police
Department again received award of the Edward Byrne Memorial Justice
Assistance Grant . He related that the Grant was in the amount of
$28,622 .00, explaining that the Grant does not requ ire a 10% match as i t
has in the past. He stated that the Grant would be utilized for
equipment purchases. He noted that approximately 40% would be used in
the school D.A .R.E. program with the remainder being used for
enhancements in the C .I.D. Section.
In response to a request from Mayor Swaim, Chief Baker explained that the
P .A.C .K . program was initiated and developed by the Po l ice Department in
1994 to bring Police and kids together. He stated t hat the program
offers kids a place to go in the summer . He related that the program
started at the Commun ity Center with approximately 35 kids and has now
been moved to the Boys and Girls Club with almost 200 kids that
1
OJ0183
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2007
7 :00 P.M . -8 :13 P .M.
are affiliated wi th the program . He stated tha t it ha s been a ve ry
positive program . He related t hat this year an enhancement to inc lude
the daycare c enters has been a dded to the program .
Mayor Swa im n oted that many of the pa rt icipan ts are "at ri sk" youth.
Chief Baker added that the r e h as been a l ot of positive feed back from
the kids wh o have b ene fited from the program .
In response to a question posed by Alderman Rinker , Chief Baker re lated
that the program is offered in a l l of the Jacksonville schools including
the Arnold Drive and Tol leson Elemen tary Schools.
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1318 (#17-07)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 3.06 .015 ESTABLISHING
A PREPARED FOODS TAX UPON GROSS REVENUES OF CAFES, CAFETERIAS, CARRY-OUT
RESTAURANTS , CATERERS, CONCESSION STANDS, CONVENIENCE STORES, GROCERY
STORES/FOOD COUNTERS, DRIVE-THRU RESTAURANTS, FAST FOOD RESTAURANTS , DINE-
IN RESTAURANTS, AND OTHER SUCH SIMILAR BUSINESSES WHICH PREPARE FOODS AND
BEVERAGES FOR ON OR OFF PREMISES CONSUMPTION LOCATED WITHIN JACKSONVILLE ;
AMENDING JACKSONVILLE MUNICIPAL CODE §§ 3.06.020 AND 3 .06 .030 ; CREATING
JACKSONVILLE MUNICIPAL CODE §§ 3 .06.032, 3 .06.034, 3 .06 .036 , 3 .06 .038,
3 . 06 .042, 3. 06 .044 , AND 3 . 06 .046 ; PRESCRIBING OTHER MATTERS RELATING
THERETO ; AND , FOR OTHER PURPOSES.
Alderman Smith r e lat ed t hat the A&P Commission h as hosted several public
h earings over t he past several month s . He stated that he wou l d vote
rel uctantly for the tax , noting that it is needed f or the City of
Jacksonville . He re l ated that many cities have the tax , adding that the
Ordinance may have some a mendments .
Alderman Smith moved, seconded by Alderma n Ray that Or dinance 131 8 be
placed on F I RST READING.
Alderman Fletcher s t ated that or i ginal l y he was aga inst the tax and had
requested a public hearing with the A&P Comm i ssion . He relat ed that
after hearing both sid es not only him but two proponents out of t hree who
were against the tax have c h anged their position . He stated that his
greater probl e m wi th the tax is the proposed spending of funds , adding
that he feels those issues shoul d be discussed before the tax is adopted.
He stated that for the fi r st one or two years he feels the bulk of the
money would be better spent enhancing thos e things tha t Jackson vi l le
feels it cou l d promote . He cited landscaping for Main Street as well as
problems with the lights at Excell Par k as being needed i terns o f
attention . He stated that a priori ty l ist needs to be established,
2
0 '\f'·lC:, 'J ~.i . v ~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2007
7 :00 P .M. - 8 :13 P.M .
saying that the current list seems more like a wish list . He stated that
he along with several other Aldermen have requested that a long -range
plan be formulated before final passage of the Ordinance.
Alderman Elliott stated that sect i on two of the Ordinance , "renovation ,
and/or repair of the City's general operations and capital improvements"
needs to be clarified that it is not the City's general operations and
capital improvements , adding that it is referring to the Parks and
Recreation. He suggested that if the wording of general operations was
clarified to say that the total amount of the tax levied equal to a
specified percentage collected on hotels and restaurants shall be us ed by
the A&P Commission at the direction of the Mayor and upon the approval of
the City Council for the construction , equipping , improvement ,
maintenance , operation, reconstruction and repair of Jacksonville Parks
and Recreation facilities. He added that this would probably answer some
of Alderman Fletcher's concerns regarding direction as to how the tax
would be handled.
In response to a question posed by Mayor Swaim , Alderman Elliott proposed
that the amount of 50% be dedicated to Parks and Recreation, citing that
he has heard many citizens suggest 40% to 50% as the recommended
percentage.
Alderman Sansing concurred with Alderman Fletcher that he feels a large
percentage should go to Parks & Recreation , adding that he also feels
that some should be used for the general beautification of the City. He
stated that while he is not against the tax , he does believe that the
citizens should have a right to vote on the tax . He stated that h e does
agree with 50% being offered to Parks & Recreation.
Discussion ensued and City Attorney Bamburg clarified that A&P monies
could not be used for general operations or beautification . He c l arified
that the Statutes do allow it to be used for Parks & Recreation
facilities or tourism facilities. He then explaine d that the d i fference
between alternative A and B is that alternative A provides a directive to
the A&P Commission regarding the percentage, as well as what the monies
could be spent for, and does allow for repayment of future bonds
purchased . for the construction of some type of tourism facility . He
stated that alternative B vwuld not allow for the option of bond monies ,
and directs that these funds be approved by the Mayor and City Council
through the annual City budget process .
Alderman Sansing confirmed that a bond issue could be addressed at a
later time.
Mayor Swaim noted that the funds could be used to construct a convention
center, adding that it could also be used for beautification if it were
an issue dealing with tourism promotion .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2007
7:00 P.M. -8:13 P.M .
It was clarified that while the A&P Commiss i on would control collected
funds, those monies would be approved by percentage through City Council
approval of the annual budget. It was als o clarified that a 501 (c) ( 3)
has non-profit exempt status and that tax permi ts would be handled
through the A&P Commission .
Ci ty At torney Bamb urg clarified that if enacted the tax permits created
thro ugh this tax would be much greater than is currently collected from
the Hotel/Motel tax, which is the reason for further provisions . He
exp l ained that other municipalities who adopted prepared food tax have
the permi t circumst ances in place to help with the adminis trative and
log i stics regardi ng the tax.
In response to a question posed by Alderman Sans ing, Ci ty Attorney
Bamburg clarifie d that section six under S tate law allows in the
collection process of pursuing amounts owed under the A&P t axes, for the
Commission to enact a process in which to examine , investigate or audit
businesses . It was further clarified that the issuance of a certificate
of indeb tedness fr om the A&P Commission is simi lar i n effect to the
action taken annual l y by the City Council when l ie ns are issued for
outstanding indebtedness to the City of Jacksonville . City Attorney
Bamburg stated that the only difference would be that the A&P Comm is sion
would be acting on behalf of the City regarding those coll e ctions.
Alderman Sansing presented clarifications f or general knowledge that the
ta x would apply to any foods that are prepared in any way on site ,
inc l uding i tems that could be purchased in a grocery store , de l i , or
bakery .
In response to a question posed by Alderman St roud, City Attorney Bamburg
clarified that the penalty for unpaid taxes is clas s ified as a
misdemeanor, which can be cited into Jacksonville District Court.
Alderman Stroud stated that given the nature of the misdeed he would
prefer the penalty be classified as a fe lony .
City Attorney Bamburg clarified that while some cities do make it a
felony , the Jacksonville court does not have jurisdiction over felonies .
He explained that if classified as a felony the matter would have t o go
t o circuit court .
Mayor Swaim stated that while collection is some time s not an easy matter,
he would not like to have a Jacksonvi lle bus i ness have a felony charge
against them for a smal l unpaid t ax bill, if that were the case.
Alderman Stroud stated that he was thinking generally of larger sums of
money .
City Attorney Bamburg further clarified that the Statute that enacts and
allows the Commi ssion to act does not authori ze them to p ursue on a
felo n y level.
4
" ,.... r'l . , r. ('. 'l lj . b·--~ I_ ·.: ._, ... \,1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2007
7 :00 P .M. - 8 :13 P.M .
Alderman Fletcher issued concerns for the small business owner regarding
State and Federal mandates involving taxes , saying that he does not want
to see that happen on a local level . He stated that the City needs to be
extra sensitive to the small restaurant entrepreneur . He stated that he
would be against any penalty being a felony.
It was clarified that if an audit is ordered by the A&P Commission it
would be conducted by an outside professional auditor and that the
judgment of indebtedness could remain in effect for collection for 10
years . City Attorney Bamburg added that discretion is built into the
Ordinance regarding the A&P Commission and the tax permi t as issued to
the business owner.
Mayor Swaim noted that any difficulties in col l ecting the Hotel/Motel tax
have been handled through the A&P Commission without i ncident .
Mayor Swaim recognized Ms. Murlean Magee to speak in opposition to the
prepared foods tax.
Ms . Magee stated that she did not understand why the citizens were not
given an opportunity to vote as was the case with the Library tax . She
stated that she was unaware of the importance of this matter until a few
weeks ago . She quest ioned if the h i gh school concession stands would be
included in the tax collection .
City Attorney Bamburg clarified that if they held a non-profit
classification such as a 5 01 (c) (3) they would be exempt otherwise they
would be included .
She stated her appre ciation to the City Council for not making t h e
nonpayment of tax es a felony , noting that it is sometimes dif ficult fo r
small businesses. She stated that she knows t he tax i s needed in
Jacksonvil l e but did wonder why the citizens we r e not given an
opportunity to vote on the issue .
Mayor Swaim explained that the question to vote is dec i ded by the Ci t y
Council, furthe r explaining that the issue has been befo re the A&P
Commission for almost nine months and has b een in the newspaper several
times during that period. He related that the r e has been extensive
effort to have public input on this issue .
Alderman Sansing clarified that while he would p refer t h at the c i tizens
b e given an opportunity to vote on tax issues, he is aware that State l aw
allows the City Council to pass this issue without a genera l vote from
th e citize ns . He added that it is his understandi ng that a majority of
the City Council has chosen to handle the issue of the tax in t his
manner .
Alderma n Smith noted that ma ny c i t i es have the tax and it was enacted by
their City Counci l rather than a general vote to the public .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2007
7:00 P .M. -8 :13 P .M.
Discussion returned to the need to have "concrete u formulas in place for
how the money would be distributed before asking for a public or City
Council vote.
Alderman Smith pointed that out to be part of the reasoning the matter is
being brought before the City Council to consider amendments o r
adjustments .
Mr. Charles Sigismund questioned what the City of Jacksonville has to
adver t ise . He stated that recentl y when the Community Center held an
event there was not enough places to park.
Mayo r Swaim stated that there is a gravel area for overf l ow parking that
patrons do not utilize . He went on to say that the City ha s p lans to
asphalt the overflow parking area in an effort to encourage pat rons to
use the area .
Mr . Sigismund then stated that because of freeway difficulty more diners
are eating at Chili 's in Jacksonvi lle rather than going to North Littl e
Rock , adding that if it were easier to get a l cohol permits that would
only increase. He suggested that the tax have a 5 -year sunset clause,
which could be renewed if the tax is successful . He stated that he could
not say h e is for or against the tax , but can p res ent questions for both
sides .
Mr . Walt Jones stated that he does not generally vote in favor of taxes ,
but did vote for the Library tax . He sta ted that h e was dismayed t o find
out that the Library had to be scaled back becaus e the bids came in too
high . He then questioned if enough money had been col l ect ed to earn
interest regarding the Lib rary tax .
Mayor Swa im assured Mr. Jones that the City is collecting int erest,
explaining that questions regarding the Library bid is the next item on
the agenda and wil l be answered . He then stated that al l cities that
border Jacksonville have already enacted the same tax.
With no one el se from the audience requesting to spe ak, Mayor Swaim
stated that the question before the City Council is Ordinance 1318 un-
amended. He asked if the City Council wanted to amend before the vote.
Alderman Smith noted that there was interest in amending the Ordinance in
favor of alternative B, including the 50% to b e designated to Parks &
Recreation . He cited reasons that advertising and promotion was proposed
to be higher, noting that a logo would have to be developed a nd approved
by various entities, saying that not all designated monies were proposed
to go to an advertising agency .
Alderman Smith moved to incorporate alternative B into Ordinance 1318 as
an amendment .
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2007
7:00 P .M. - 8 :13 P .M.
Di scussion ensued regardi ng City Council input into where the monies are
to be spent and the need to have visible and tangibl e eviden ce of how the
monies are being applied regar d ing imp rovemen ts for tourism.
Alderman Ray called for a question to the motion .
Mayor Swaim acknowl edged the c a l l for question , not i ng that the re i s no
second to the motion .
Alderman Ray seconded the motion to incorporate alternative B into
Ordinance 1318.
Mayo r Swa im then clarified that monies collected for Parks & Recreation
would not go to the Parks & Recreation Commiss ion but would go t o the
General Fund and would be designated for use in Parks , noting this would
al l ow the City Council the opportunity to decide how monies are spent.
Alderman Stroud pointed out that if in two years the City Council deems
the tax is not fulfilling its p urpos e i t could be cancelled. He then
noted that the A&P Commission is ve ry diligent with its duty regarding
the appropriation of funds.
It was clarified and concurred that the monies could be used to address
i ssues at the ballfiel ds regarding bleachers and concession stands.
MOTION CARRIED regarding the call for question to the motion .
ROLL CALL regarding amendment of al terna ti ve B to Ordinance 1318 :
Alderman E l liott , Smith , McC leary , Sansing, Ray , Rinker, F l etcher ,
Stroud , Twitty and Howard voted AYE. NA Y (0). MOTION CARRIED.
ROLL CALL to place Ordinance 1318 as amended on First Reading: Alderman
Elliott, Smi th, McCleary , Sansing , Ray , Rinker , Fletcher , Stroud , Twitty
a nd Howard voted AYE . NAY (0). MOTION CARRIED. Whereupo n City Attorney
Bamburg read the heading of Ordinance 1318 .
Alderman Stroud move d , seconded by Al derman Ray that Ordinance 13 1 8 be
APPROVED on FIRST READING. ROLL CALL: Alderman El liott , Smith ,
McC lea ry , Ray, Rinker , Fletcher, Stroud, Twitty and Howard voted AYE.
Alderman Sansing vot ed NAY (1). MOTION CARRIED .
Alderman Stroud moved , seconded by Al derman Smith to suspend the rules
and place Ordinance 1318 on SECOND READING. ROLL CALL : Alderman
El li o tt , Smith , Ray, Rinker , F l etche r, Stroud , Twi tty and Howa rd voted
AYE. Alderman McCleary and Sansing voted NAY (2) MOTION CARRIED .
Whereupon City Att orney Bamburg read the heading of Ordinance 1 3 1 8 .
Alderman Stroud moved , seconded by Alderman Sans i ng to f urther suspend
the rules a n d place Or dinance 1318 on THIRD and FINAL READING .
7
CITY OF JACKSONVILLE
0 'j"" n ·I r • n
• 1_. 1.. . v
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2007
7:00 P .M . - 8 :13 P.M .
Alderman Sansing stated that while he believes the tax would probably be
beneficial to the citizens of Jacksonville, he is concerned for the
possible burden it may place on citizens that eat at fast food
restaurants. He asked that everyone understand that his no vote on the
Ordinance represents his belief that citizens should be a l lowed to vote
on tax issues .
ROLL CALL : Alderman Elliott , Smith , Ray , Rinker, Fletcher, Stroud, Twitty
and Howard voted AYE. Alderman McCleary and Sansing voted NAY (2) .
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1318.
Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1318
be APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith , Ray,
Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . Alderman McCleary
and Sansing voted NAY (2). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1318 THIS 2 nd DAY OF AUGUST 2007.
Alderman Smith informed the audience that the A&P Commission meets the
third Monday of every month at 6:30 p.m. He stated that he is Chairman
of the Commission , adding that Alderman Stroud and Mayor Swaim serve on
the Commission , saying that matters before the Commission will always be
handled in a prudent manner.
Alderman Elliott thanked the A&P Commission for the ir diligence and hard
work . He commended the Parks & Recreation Department, saying that they
do an excellent job and this will offer them an opportunity to improve
and e xpand areas of infrastructure.
Alderman McCleary stated that his "no" vote on the Ordinance was not
meant to s l ight the A&P Commission and their efforts , saying that he felt
the tax would be good for the City, but he does have concerns for further
taxes .
Mayor Swaim stated that collections would not begin until October ,
explaining that it would be the following October before whatever annual
funds t he re is are collected , explaining that there would not be any
immediate seen progress until monies are distributed.
b. Request to accept bid for Library construction
Mayor Swaim offered a brief background , reviewing that the citizens of
Jacksonville did vote for a 2 .5 million dollar tax for t he Library . He
then explained that the accepted design concept was more than what 2 .5
million dollars could buy, adding that the City was fortunate to get
approximately $900,000 in donations to purchase the land. He stated that
the 2 .5 mil l ion plus interest was reserved to pay for the construction of
the building , adding tha t the low bid came in at $3,765 ,000 . He stated
that to his knowledge within the City, he has never seen a project come
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2007
7 :00 P .M. -8:13 P .M.
in at the money allotted . He stated that an extensiv e amo unt of t ime was
spent during t he process tryi ng to ensure that the citizens got what they
requested. He stated that his proposa l wo u ld be tha t the building the
citizens e xpe ct b e bui lt, providi ng the same footprint, par k atmosphere ,
and pavilion as expected. He stated that Mr. Roberts and the Centra l
Arkansas Library Board h ave been generous enough to he l p by providing
$300 ,000 for the project. He t hen stated that his proposal would be to
accept the l ow bid of $3 ,76 5,000 and us e the future income off t he sa l es
tax to f und the difference. He e xpl ained that the money for the
Education Fa cility has been collected and efforts will continue to work
with t he Congres s ional Delegation to obtain the Fede ral share for that
project . He then explained that p resen tly funds are being collected to
fund the Pol i ce and Fire Trai ning Academy , explaining t hat as those funds
are co llected in the next 12 months the City would b e able t o collect the
difference of $400 ,000 from the s al es tax. He noted that a ll t he money
is not needed up fr o nt but will be needed toward the project 's end. He
proposed the City ob l igate $400,000 from the Ci ty sales tax that was
passed to fund the pool , education al facility and t h e Po l ice and Fire
Tr ainin g Academy .
Alderman Elliott moved , seconded by Alderman Howard to accept the low bid
of $3 ,765,000 from Wilki ns Construction with $400 ,000 to be appropriated
from future City sales tax collections to cover the difference.
Mayor Swaim not ed that t he bids ranged from 5 million to a low bid of
$3, 76 5 , 000 dollars. He r el ated t hat Mr. Roberts has spo k en with t h e
architect and feels the contr acto r is competent to per f orm the job .
At this time, MOT I ON CARRIED .
c . Request to accept bid for CDBG sidewalks & han dicap ramps
Mayor Swaim noted that the bid is to addres s sidewal ks and handicap ramps
in t h e Sunnyside Addition .
Alderman Fletcher moved , seconded by Alderman Ray to approve the low bid
of $57,7 58 .00 from T .I.M . Construction .
Mayo r Swa im noted that five o f the bids were rejected because the bidders
did not comp ly wi th bid spec i fications.
Alderman Elliott stated that part of the problem f or the contr actor is
getting cos ts from the ir subcontractors.
Al derman Sansing noted that while they submitted their bids , they did not
complete the paperwork .
Public Works Di re ctor Jim Oakley sta ted that the Terms o f Agreement
paperwork was not s i gned , adding that he is not sure of t he rea son .
At this time , MOTION CARRIED.
9
APPOINTMENT (S) :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2007
7 :00 P .M. - 8 :13 P .M.
ANNOUNCEMENT(S): Mayor Swaim announced that the Military Museum pa ssed
their certification with the Military and has obtained the necessary
status to obtain an C-1 30 airplane for display.
Alderman Stroud sta te d that i n researching circumstances regarding yard
mowing by the City he feels that an administrative charge needs to be
assessed, noting that a $20 .00 charge i s not enough of a deterrent for
residents t o keep their property cleaned and mowed .
Mayor Swaim stated that if the City Council is in agreement a $35 .00
admin i strative fee can be attached to the maintenance charge .
Alderman Howard asked that Aldermen review their wards and report code
violations to Code Enforcement , ac k n owledging that currently Code
Enforcement is short one emp loyee and wou l d appreciate the he l p.
Parks & Recreation Dire c tor Ge orge Biggs stated that the Pa rks &
Recreation Commission would host their annual planning session September
11 th at Foxwood Country Club at 7 : 0 0 p .m . He encouraged City Counci 1
members to attend.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at
approximately 8:13 p.m. MOTION CARRIED.
10
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
August 16, 2007 7:00p.m.
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Engineering Department
Animal Control
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. ST REET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12 . PARKS & REG. DEPT:
13 . PLANNING COMMISSION:
14. GENERAL:
15 . APPOINTMENTS :
16 . ANNOUNCEMENTS:
ADJOURNMENT
a.
b.
C.
d.
Regular City Council Meeting
August2 ,2007
Regular City Council Meeting
July 19, 2007
Regular Monthly Report/July
Mayor Swaim
Regular Monthly Report/July
Public Works Director Jim Oakley
FINAL PLAT: Jacksonville Commerce
Subdivision Lots 1 & 2 (Mayor Swaim)
FINAL PLAT : Wendi 's Corner
(Mayor Swaim)
FINAL PLAT: Northlake PH X-C
(Mayor Swaim)
FINAL PLAT : Jaxon Terrace Subdivision
PH VII (Mayor Swaim)
PRESENTATION: 2006 CAFR and
Annual Audit (Mayor Swaim)
--
O'·J n ·1 ~~, ' :,) ...:.. t J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2007
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 August 16 , 2007 at the regular meeting place of the Council .
Alderman Stroud delivered the invocation and Acting Mayor Howard led a
standing audience in the "Pledge of Allegiancen to the flag .
ROLL CALL : Aldermen : Smith , McCleary , Rinker , Stroud , and Twitty answered
roll call. Acting Mayor Howard also answered ROLL CALL declaring a quorum.
PRESENT six (6), ABSENT (3). Mayor Swaim was out of town attending
Municipal League meetings .
Others present for the meeting were : City Attorney Robert Bamburg , Acting
Deputy Clerk Carol Vaughn, Finance Director Paul Mushrush , Public Works
Di r ector Jim Oa kle y , Human Resource Director Jill Fourqurean, Parks and
Recreation Director George Biggs, CDBG Director Theresa Watson, Fire
Chief John Vanderhoof, Police Captain Charles Jenk ins, Planning
Commission Chairman Mi ke Traylor, Mr . Al fonso Nations, Mrs. Addie Gibson,
Mr. Larry Smith , Mr. Gerald Clark , interested citizens and members of the
press.
PRESENTATION OF MINUTES :
Act ing Mayor Howard presented the minutes of the regular City Counci l
meeting o f August 2 , 2007 for approval and/or correct ion 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 19 July 2007 be APPROVED . MOTION CARRIED
with Acting Mayor Howard voting AYE.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alderman Stroud moved, seconded by Alderman McCleary to approve the
Regular Monthly Report for July 2007. Sa i d report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
29
13
Grass Letters 581
Property Mowed 49
Trash Letters 76
Trash Removal 6
Property Maint . Lett ers 38
Cost for February $1,135 .00
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Ma i n t . Letters
Structural Repairs Made
Demolitions
1
7 0
50
7 7
105
8
0
0
0
0
0 "" 01Yl n . .J ~-1 ...
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2007
7:00 P .M. - 7 :25 P.M.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Stroud moved, seconded by Alderman
Regular Monthly Animal Control Report for
reflects:
McCleary to approve the
Ju l y 2007 . Said report
ADOPTION/FINES :
CONTRIBUT I ONS :
TOTAL:
$2 ,007 .50
$ 21.25
$2,028.75
In response to a question posed by Alde rman Stroud , Publ ic Works Direct or
Jim Oakley informed the Council that approx imately f i fteen c i tations have
been issued to Pit Bu ll owners in violation of the Ordinance . He stat ed
that n eig hbors are calling in reports of Pit Bulls in violation . He stated
that he fe lt there could be as many as 300 more Pit Bul l s i n the City. He
noted that 125 Pit Bull owners did register their d ogs .
ROLL CALL : Aldermen: Smith, McCleary, Rinker, Stroud, and Twitty voted
AYE. MOTION CARRIED with Acting Mayor Howard voting AYE.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION : a. FINAL PLAT Jacksonville Commerce Subdivision
Lots 1 & 2
Act i ng Mayor Howard stated that four final plats have been forwarded
from the Planning Commission for approval , adding that h e had spoken
with Mr . Whisker who recommende d approva l .
b. FINAL PLAT Wendi's Corner
c. FINAL PLAT Northlake PH X -C
d . FINAL PLAT Jaxon Terrace Subdivision
Alderman Smith moved, seconded by Alderman Rinker to approve the Final
Plats of the Jacksonville Commerce Subdivision Lots 1 & 2, Wendi ' s
Corner , Northlake PH X-C, and the Jaxon Terrace Subdivision. MOTION
CARRIED with Acting Mayor Howard voting AYE .
GENERAL: Presentation of the 2006 CAFR and Annual Audit
Mr . Gerald Clark , CPA with McAlister & Associates , expressed a ppreci ation
on behalf of his firm regarding the opportunity to p erform the audit for
the City . He reviewed high li ghts from the financial report presentation
2
O.l n ·'In~ . ·~} ·-·....:.. ~ J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16 , 2007
7:00 P .M. -7:25 P .M.
letter, adding that additionally the City Council received a copy of the
audit management letter . He stated that the Comprehensive Annual
Financial Report contains an abundance of information that can be utilized
to evaluate the City's f inancia l condition and its operational and fiscal
accountability . The CAFR provides a comprehensive summary of the City's
finances and other relevant information for t he audit year, including
economic o ve rviews, financia l analyses , financial statements , note
disclosures , budgetary and other compliance schedules , statistical data
and single audit information.
He related that there are three main sections in the report ; the
introductory section that includes a transmittal letter written by the
Ci ty 's management, a financial section that contains the ir audit opinion ,
and a statistical section including a ten -year history of f inancial and
non-f inan ci al data that offers a context to understand the City 's
financial statements .
He stated that the report consist of management's representat i ons
concerning the finances of the City of Jacksonville . Consequently,
management assumes full responsibility for the completeness and
reliability of all of the information p re sen t ed in the report . He stated
that the goal of the audit was to provide reasonable assurance that the
financial statements for the year e nding December 2006 are free of
material misstatement . The audit involved examining, on a test basis ,
evidence supporting the amounts and disclosures in the financial
statements , adding that they assessed the accounting principals used and
significant estimates made by management and evaluated the overall
f inan cial statement presentation . He stated tha t based on the i r
procedures they have concluded that there was a reasonable basis for
rendering an unqualified opinion that the City's fin a ncial statements are
fairly presented in conformi ty with generally accepted accounting
principles. He then stated that the audit disclosed no material
deficiencies or material weaknesses in relation to the City 's internal
control over financial report ing or compliance with the requirements of
laws , regulations , contracts and grants, inc luding those applicable to
Federal award programs .
He stated that they have issued a formal management lette r, incl uded with
the annual r eport , which is a customa ry and by-product of the audit
process and is intended to provi de management with suggestions and
guidance in the ongoing effort to improve internal controls . He stated
that the items noted in the le tter did not involve material f inancial
issues , but management did agree that improve d cont rols are warranted and
has set about to impl ement the recommendations .
He then reported that between the fiscal years 2006 and 2005 , on a City
wide basis that includes Wastewater and Waterworks utili t ies, total
revenues for 2006 were 32 .8 million compared to 2005 3 1 .9 million . He
a dded that expenditures totaled 27 .0 million in 2006 and 25.0 mi llion in
2005. He noted additional financial highlights , saying that net assets ,
wh ich serves ove r time as a useful indicator of a government's financial
3
1"'\'"',"11"/t' t_:·._,·._. ;:j
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2007
7:00 P .M. -7:25 P .M.
position , total assets of the City exceeded total liabilities at the close
of 20 06 by $51 ,261 ,137. He stated that the majority of that amount is
made up by the City's investment in infrastructure and equi pment, adding
that $14 ,428 ,218 is considered unrestricted net assets and may be used to
meet the City 's ongoing obligation to its citizens and creditors in
accordance with the City's fund designation and policy .
He related that growth in net assets is a key measure to the overall
fiscal health of a city, adding that the City's total net assets increased
by $8 ,318,105 in 2006. He stated that the net assets of the governmental
activit ie s increased by $8 ,3 92 ,549 in 2006, which i s a 19 % increase over
2005 ending net assets.
He stated that one of the more widely used litmus test for measuring
financial conditions is the "change in fund balance" or more commonly
referred to in the private sector as "net income". At the close of 2006 ,
the City 's governmental funds reported a combined ending fund balance of
$23 ,162 ,0 08 , which was a positive change in fund balance of $5,861 ,976
from the prior year. He related that the unreserved portion of the fund
balances is $7,590,711 , which represents 33% of the tota l and is available
for spending at the City's discretion.
He stated that like most , the City has to save for a "rainy day", saying
that means building the fund balance of the General Fund . He added that
at the end of 2006, the total fund balance of the General Fund was
$3 ,168,768 compared to $2 ,984 ,901 at the end of 2005 , an increase of
$183,867 . He stated tha t the City 's min imum target at the end of a fiscal
year for the General Fund b alance is 60 days or approximately 17% of
budgeted General Fund expenditures fo r the u pcoming fiscal year. At the
end of 2006, the balance on hand equated to 72 days or approximately 20 .3 %
of the 2007 budgeted expenditures.
He then related that the City's bond indebtedness increased by $2,500,000
during 2006, adding that it is the first time in a long time that there
have been any long-term bonds payable on the ba lance sheet. The increase
is attributable to the issuance of 2006 Libra ry Construction and
Improvement bonds.
He stated that the City 's component units , namely the Water, Wastewater
u ti li ties and A&P Commission , reported net assets of $45 ,399 ,851 as of
December 31, 2006 which was an increase of $2,136,395 from 2005 .
He stated that in summary , these are all positive trends that provide
evidence that the City 's financial condition was strengthened in 2006 . He
concluded saying while other cities have experienced f i nancial constraints
and budgetary crisis , the City of Jacksonville r emains financially strong
and has achieved new highs in several revenue accounts, wh ile working hard
to maintain low overhead costs and expenditures . He r elated that h e feels
the City Counci l, Mayor, and Dire ctors are to be commended for that
accomplishment. He added that the preparation of this report would not
have been possible without the effi cient and committed services of key
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2007
7 :00 P.M. - 7 :25 P .M.
staff in the City 's Finance Department under the leadership of Finance
Director Paul Mushrush and Financial Manager Cheryl Erkel. He expressed
his appreciation to all City staff whose dedicated efforts resulted in a
timely and successful completion of this year 's report.
He stated that the Mayor and City Council have continued
commitment to a llocate the resources needed to ensure
account, report , monitor , and control the financial
transactions of the City of Jacksonville in a responsible
manner.
to demonstrate a
the abil ity to
operations and
and progressive
He reiterated his appreciation to the Ci t y and the Council for allowing
McAlis te r & Associates the opportunity to serve as the City auditors .
He noted that three-year revenue charts were included in the report for
review .
Discussion ensued regarding a contract for repairs to the Community Center
poo l that was completed prior to waiving competitive bidding.
Alderman Smith c ommended the audit, saying that he is proud the report
conveys that the City continues to exer cise prudent management . He
thanked Mr. Clark for his work on the report .
Mr. Mushrush related that the Finance Dep artment implemented GASB
Statement 34 one year earlier than requir e d , adding that one item in the
management l etter does i ndicate the need to purchase fixed asset software.
He stated that he was aware of the need to purchase new software. He noted
that the CAFR has been sent for review by the GFOA for another certificate
of Excellence in F inance Reporting, making 10 consecut i ve awards for the
City of Jacksonville .
APPOINTMENT(S):
ANNOUNCEMENT ( S) :
ADJOURNMENT: Without objection , Acting Mayor Howard adjourned the meeting
at approximately 7:25p.m. MOTION CARRIED .
Respectfully ,
MAYOR TO SWAIM
5
City Council Of Jacksonville , Arkansas
AGENDA
Regu lar City Council Meeting
September 6 , 2007 7:00p.m.
1. OPENING PRAYER:
2 . ROLL CALL :
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
Enginee ring Department:
Fire Department
6 . WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT :
12 . PARKS & REC . DEPT:
13 . PLANNING COMMISSION:
14 . GENERAL:
15 . APPOINTMENTS :
16 . ANNOUN C EMENTS :
A DJO URNMENT
a .
Regular C ity Counc i l Meeting
August16 , 2007
Regular City Council Meeting
Augu st 2 , 2007
Regular Monthly Report/August
(Mayor Swaim)
Regular Monthly Report/ July
(Fire Chief John Vanderhoof)
ORDINANC E 1319 (#18-07)
Waiving Competitive Bidding for the
Installation of an Electric Ventilation System
Request to accept bid : T ractor
w/boom loader (M ayor Swaim)
b . RESOLUTION 603 (#4-07)
Expressing willingness of the City
to uti lize federal aid mon ies
b . RESOLU T ION 604 (#5-07)
Certifying and endors i ng the participation
of AGL Corporation in th e Tax Back
Program (Mayor Swaim)
Pa rk & Rec reation Annual Planning Meeting
September 11 1h, 6 :3 0p.m . at Foxwood Country
C lub
Dedication of the Overpass in honor of Robert Lewis
will be held September 6 , 2007 6 :00 p.m . at the Overpass
Library ground brea king ce re mony September 1 i h at 10 :00 a .m .
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2007
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 me t in Regular
Session on September 6, 2007 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayo r Swaim led a standin g
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL : Aldermen : Elliott , Smith , McCle a ry, Ray, Rinker, Fletcher ,
Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CAL L
declaring a quorum . PRESENT eight (8), ABSEN T (2). Aldermen Sansing and
Twitty were absent .
Others present fo r the meeting were: City Attorney Robert Bamburg, Acting
Deputy Clerk Carol Vaughn, Public Works Director Jim Oakley, Human
Resource Director Jill Fourqurean , Finance Manager Cheryl Erkel , Parks
and Recreat i on Director George Biggs, CDBG Director Theresa Watson, Fire
Chief John Vanderhoof, Police Chief Robert Baker, Mrs. Judy Swaim , Mr .
Alfonso Nations , Mrs . Addie Gibson, Mr. Larry Smith , interested c i t izens
and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regula r City Council meeting of
August 16 , 200 7 for approval and/or correction a t the next regu lar l y
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 2 August 2007 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report fo r August 2007 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
29
10
Grass Letters 368
Property Mowed 43
T rash Letters 41
Trash Removal 3
Property Maint . L etters 36
Cost for February $1 ,305.92
INSPECTIONS PREFORMED
Building Inspections 81
HVACR 53
Electrical 102
Plumbing 109
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
1
8
2
0
0
0
OJC l ~.O
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2007
7:00 P .M. -7:24 P.M.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved , second ed by Alderman Ray to approve t h e Regular
Monthly Report for July 2007 from t he Jack sonvi lle Fire Department , which
reflects a fire loss of $13 ,000.00 a n d a savings total of $217 ,000 .00 .
ROLL CALL: Aldermen: Elliott,
Stroud, and Howard voted AYE .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT :
Smith , McCleary,
MOTION CARRIED .
Ray , Rinker , Fletcher,
PARKS & RECREATION : ORDINANCE 1319 (#18-07)
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE INSTALLATION OF AN
ELECTRIC VENTILATION SYSTEM FOR THE JACKSONVILLE COMMUNITY CENTER;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES .
Mayor Swaim noted that last yea r t here was a significant amount of work
in the pool area regarding a condensation problem, explaining t hat there
are additional issues that have not been addressed that a r e now causing
problems . He stated that the same contractor and engineers have
evaluated those issues and have proposed changes. He continued saying
that because of the familiarity with the construction and issues
regarding other contractor 's failure to bid in the past because of
technical difficulties with the project , t h e project is being proposed on
waivin g competitive bidding. He stated that the project would consist of
placing additional ventilation equipment in the building to address the
remaining condensation problems .
Alderman Smith moved , seconded by Al derman Ray that Ordinance 1 319 be
placed on FIRST READING. ROLL CALL: Alderman Elliott , Smith, McCleary ,
Ray , Rinke r, Fletcher , Stroud , and Howard voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the headin g of Ordinance
1319 .
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1319 be
APPROVED on FIRST READING .
In response to a qu e stion posed by Alderman Fletcher , Acting City
Engineer Whisker stated that the project engineer, noting that because
t he building is attached at the rafters the condensation is now appearing
on the basketball courts, has analyzed airflow a n d unique construction of
the building recommend ing that t his system would solve the condensation
prob l ems .
ROLL CALL: Alderman El l iott ,
Stroud, and Howard voted AYE.
Smith , McCleary , Ray, Rinker ,
NAY (0). MOTION CARRIED.
2
Fletcher ,
n'"' n ., 8.., -.j v --...l.
CITY OF JACKS ONV I LLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2007
7 :00 P .M. - 7 :24 P .M.
Alderman Fletcher moved , seconded by Alderman Ray to suspend the rul es
and place Ordinance 1319 on SECOND READING . ROLL CALL: Alderman Elliott,
Smith, McCleary, Ray , Rinker , Fletcher, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1319.
Alderman Stroud moved, seconded by Alderman Howa rd to further suspend the
rules and pla c e Ordinance 1319 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott, Smith, McCleary , Ray , Rinker, Fletcher, Stroud, and
Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney
Bamburg read the heading of Ordinance 1319.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1319 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, McCleary , Ray,
Rinker, Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Fletcher moved , seconded by Alderman Ray to attach the EME RGENCY
CLAUSE to Ordinance 1319. ROLL CALL: Alderman E ll iott, Smith, McCleary,
Ray, Rinker , Fle t cher, Stroud, and Howard voted AYE . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1319 THIS 6 th DAY OF SEPTEMBER
2007.
PLANNING COMMISSION:
GENERAL: a . Request to accept bid for Tractor with boom loader
Public Works Director Jim Oak ley explained that the low bid did not meet
specifications , noting that the tractor weighed 1,350 lbs. less than was
specified in bid . He stat ed that it becomes crucial because of the 20 '
extension boom , explaining that the weight is crucial whe n the boom is
extended and the counter weight is important . He stated that the low
bidder is aware that their bid did not meet specifications . He then adde d
that one other item regarding the low bidder that did not meet
specifications, explaining that there is a safety switch to stop the mowe r
in 4 seconds, which wa s not featured on the low bid tracto r . He then
related t h at the mower was budgeted in the 2007 Street Fund, addi ng that
the accepted mower came in $2,000 .00 less than budgeted.
Alderman Ray moved , seconded by Alderman McCleary to reject the low bid
for failure to meet specifications and accept the b i d from Little Rock
Equipment in the amount of $51 ,000.00 with funds to be drawn from the
Street Fund . MOTION CARRIED.
b. RESOLUTION 603 (#4-07)
A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE
FEDERAL AID MONIES ; AND , PRESCRIBING OTHER MATTERS RELATING THERETO.
Pa rks and Recreation Di rector George Biggs r elated tha t the City has
applied for the grant in t he past, adding that the purpose is t o establish
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2007
7:00 P.M . - 7 :24 P .M.
a walking trail at Stonewall Park . He explained that a resolution along
with the application is neces sary to qualify for fundi n g.
Mayor Swa i m noted that there is a 20% match , e i ther in kind or in funds ,
explaining that the grant is for $24 ,000 .00 so it would be a small match .
Alderman Howard moved , seconded by Alderman Stroud to read Resolution 603 .
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Resolution 603 .
Alderman Smith moved, seconded by Alderman McCleary t o approve Resolution
603 in its entirety. MOTION CARRIED .
c . RESOLUTION 604 (#5-07)
A RESOLUTION CERTIFYING AND ENDORSING THE PARTICIPATION OF AGL CORPORATION
IN THE TAX BACK PROGRAM BY THE CITY OF JACKSONVILLE AS AUTHORIZED BY ACA §
15-4-2706 (Department) OF THE CONSOLIDATED INCENTIVE ACT OF 2003 ; AND ,
PRESCRIBING OTHER MATTERS RELATING THERETO .
Mayor Swaim explained that Resolution 604 is a certification endorsement
for AGL Corporation to participate in a tax back program . He then
explained that Stat e legislation allows for industries expanding their
operation and services to qualify for a tax rebate . He stated that the
application is for $30 ,000.00 and legislation a l lows not only for the
State to waive their sales tax monies but also for the City to waive their
collection regarding sales tax. He stated that the maximum loss of sales
tax to the City would be $900.00, adding that the probable cost is
$600 .00 . He stated that AGL is proposing to spend approximately $5 ,000.00
for additional equipment and $25,000 .00 for training. He stated that given
AGL will probably not be purchasing that type of equipment i n the City of
Jacksonville , the City would not loose any tax dollars but AGL cannot
qualify for the State rebate without the City waiving its sales tax .
Alderman Stroud mov ed, seconded by Alderman Howard to r e ad Resolution 604.
MOTION CARRIED . Where upon City Attor ney Bamburg read Resolution 6 0 4.
Alderman Smith moved , sec onded by Alderman Ray to approve Resolution 604
in its entirety . MOT I ON CARRIED.
APPOINTMENT(S):
ANNOUNCEMENT(S): Parks and Recreation Annua l Planning Mee t ing September
ll"fi , 6:30 p .m. at Foxwood Country Club .
Mayor Swaim reviewed the list of public hearings sch eduled for the
Community Development Department regard i ng Community Development Block
Grant projects for the year 2008:
4
000183
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2007
7:00 P .M . -7:24 P.M.
September 11, 2007 6 :3 0 p .m. 201 Mart in Street
Mart in Street Recreation Cent er
September 17 , 2 007 6:30 p.m. 10 1 North Elm
Evangelistic Ministries Church
September 20, 2007 2:30 p.m . 203 Hosp ita l Drive
Worley 's Place
September 20, 2007 3 :30 p .m. 200 Hospital Drive
Jac ks onvi lle Towers
September 20, 2007 6:30 p.m. 109 Sou th Second Street
Community Development Office
September 24 , 2007 6 :30 p .m . 1212 Ray Road
Church of J es us Christ
September 25 , 2007 6:30 p.m. #5 Municipa l Drive
Jacksonville Comm un ity Center
Mayor Swaim stressed the importance of commun ity participation and input,
noting that funds are limited; pointing out that the City received
$279 ,000 .00 las t year . He related that there are ongoing prog rams b ut
the re are fu nds availab l e to be used in commu nity p r o j ects and the City
would like to have community input on those projects . He recognized that
some times t he amount of f unds does not allow the City to complete a large
project , but added that i t could be d one in smaller increments such as
ongo i ng p ro jects and efforts in the Sunnyside Addition .
Alderman McCleary announced tha t the re would be a c lean-up at Gal loway
Park Saturday beginning at 7 :00a .m., addi ng that l un ch would be p r ovided
by CDBG at 12:00 p .m.
Mayor Swaim announced that the ground breaking for t he new Nixon L i brary
is scheduled for 10 :00 a.m. on Septembe r 12, 2007.
Mayor Swa i m then announced that Arkansas cities and counties received
additional monies from State Turnback , expla ining that it is probably a
one -time event. He n oted that the City of Jacksonville received
$205 ,000.00 , adding that he would like to have input on how the money is
spent regarding a one -time non-re occurring expenditure . He s t ated that
there are a number of wort hy projects in the Community, mentioning that
there is a parking problem at the Cour ts . He continued that there is a
ne e d to purchase additional property for the development of a parking
lot . He noted that there has also been interest regarding the improvement
of landscaping in the central area of downtown Jacksonvil l e, and in
completin g t he trai l in Dupree Park to Bayou Meto Creek. He added that
there has also been interest in securing a location for the deve lopment
5
ooolets4.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2007
7 :00 P.M. -7:24 P .M .
of a farmers market. He asked the Ci ty Council to give the matter some
thought regarding a one -time expenditure for the funds .
Mayor Swaim updated the City Council regarding Mr. Mushrush's recent
hea lth issues regarding heart stints to address blockage. He stated that
he is re cove ring fine and will return to work when released by his
doctor .
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 7 :24p.m. MOTION CARRIED .
Respectfully,
~~ MAYOR TOMMY WAIM
6
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
September 20 , 2007 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
Animal Control
Police Department
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12 . PARKS & REC . DEPT:
13 . PLANNING COMMISSION:
14 . GENERAL:
15. APPOINTMENTS :
16. ANNOUNCEMENTS:
ADJOURNMENT
a.
Regular City Council Meeting
September 6, 2007
Regular City Council Meeting
August16,2007
Regular Monthly Report/August
(Fire Chief John Vanderhoof)
Regular Monthly Report/August
(Public Works Director Jim Oakley)
Regular Monthly Report/July
Regular Monthly Report/ August
(Police Chief Robert Baker)
Request to Accept Bid : Asbestos
Removal & Demolition
(Mayor Swaim)
b. PRESENTATION : Reuse Park
(Mayor Swaim)
c . ORDINANCE 1320 (#19-07)
Reclassifying property formally
known as the Hallelujah Trailer
Park (Mayor Swaim)
0 0 018 :3
0001~6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7 :00 P.M. -7 :30 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on September 20, 2007 at the regular meeting place of the
Council. Alderman Fletcher del i vered 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, Twitty , Stroud, 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 , Acting
Deputy Clerk Carol Vaughn, Di rector of Administration Jay Whisker , Public
Works Director Jim Oakley , Human Resource Director Jill Fourqurean ,
Finance Manager Cheryl Erkel , Parks and Recreation Director George Biggs,
CDBG Director Theresa Watson , Fire Chief John Vanderhoof , Police Chief
Robert Baker , Mrs. Judy Swaim , Mrs . Edith Smith, Mr. Alfonso Nations ,
Mrs. Ad d ie Gibso n, interes t ed cit i z e ns and members o f the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regu l ar City Counci l meeting of
September 6 , 2007 for approval and/or correction at t he next regularly
schedu l ed Ci ty Council me e t i ng.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 16 August 2007 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman El l iott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for August 2007 from the Jacksonville Fire Department, which
reflects a fire loss of $1 ,200.00 and a savings tota l of $48 ,800.00 .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Smith to approve the Regular
Monthly Animal Control Report for August 2007. Said report reflects:
ADOPTION/FINES:
CONTRIBUTIONS :
TOTAL:
$3 ,167.50
$ 0.00
$3 ,167.50
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliot t moved , seconded by Alderman Smith to approve the Regular
Monthly Report for July and August 2007 . July report reflects the Total
Value of Reported Stolen Property $81 ,186 . Total Value of Recovered Stolen
Property $33 ,984 and Total Report Sales $1,342. Au gust report reflects the
Total Value of Reported St olen Property $79,190. Total Value of Recovered
Stolen Property $26 ,243 and Total Report Sa l es $1,034 .
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:
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION:
O.J0187
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20 , 2007
7 :00 P .M. -7 :30 P.M .
GENERAL : a. Request to Accept bid for Asbestos Removal & Demolition
Mayor Swaim noted that the item was b i d twice , noting that the low bid was
$46 ,000.00 , which was more than budgeted. He continued that it was rebid
and the City was able to secure a contractor that was used previously by
the City in the amount of $25 ,600 .00.
Alderman Elliott moved, seconded by Alderman Stroud to accept the low bid
from Wards Asbestos in the amount of $25 ,600 .00 with funds to be drawn
from budgeted funds. MOTION CARRIED.
b . PRESENTATION Reuse Park (Recycling Education Park)
Mayo r Swaim noted that an area near the Recycling Center has been
designated for a Recycle Park. He related that he had asked Mr. Newport
to address the Ci ty Council regardi ng a proposal .
Mr. Newport re l ated that the Arkansas Department of Environmental Quality
is partnering with Keep Jacksonvi lle Beautiful along with the Arkansas
Coalit i on for Recycling , Pulaski County Solid Waste Management District,
and Keep Arkans as Beautiful regarding the development of the Park. He
noted that he had offered the park for aw a rds and is consistently applying
for grants . He then explained that he plans to have the park included in
the tourism brochure as a tourist destination for Jacksonville, once it is
comp l eted .
He stated that as part of the plan for the Park, he is proposing the
exhibition of "found art sculpture", explaining that Arkansas happens to
be home to some of t he best sculptors of found ar t . He related that he
would be meeting with Mr. Gene Hatfield , one of Arkansas 's found art
sculptors. He went on to review magazine articles feat u ri n g found ar t
projects and of f ered the City Council p h otographs of exhibits of found
art. He explained that his proposal to locate the recycling park to the
north side of the entrance of the Recycling Center and have t he two acres
on the other s i de of the entrance have found art exhibits. He stated that
h i s plan wou l d be to offer space solely to Arkansas artists , adding that
later that could be expanded to other artists . He stated that i t wou l d
develop into a scul pture park , adding that he discovered online a growing
number of these parks in the United States. He noted that the average
price of the larger sculptures is approximately $60 ,000 .00 . He added that
his contact at the Tourism Bureau was enchanted with the idea. He
explained that some parks offer the art for sal e while others cycle in and
out various artist works. He stated that he believes the City could
accomplish creating the park with a fairly small amount of money . He
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7 :00 P.M. -7 :30 P.M .
added that the key would be the architectural landscaping, adding that he
has not been able to find anyone willing to do the landscap i ng probono .
Mayor Swaim stated that he is familiar with th i s type of art and feels
that it would be an added asset for the City . He added that he feels
there is a good possibility t hat significan t funding cou l d be secured
through donations or bartering. He stated t hat he wa n ted to offer t h e
City Counci l an opportunity to become familiar , addi ng that plans are to
begin soon with the pavilion to start t he park . He noted that the
landscaping would take some time.
Mr. Newport related that the landscaping would have to wait until the
construction is completed.
Mayor Swaim noted that the sculptor in Conway lS a retired college
professor from UCA and does very significant work.
Mr. Newport invited the City Council to join a luncheon with the artists
and tour the area p l anned for the park.
c . ORDINANCE 1320 (#19-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : PROPERT Y FORMERLY KNOWN AS THE HALLELUJAH TRAILER
PARK, VALENTINE ROAD); AMENDING ORDI NANCE NUMBERS 2 1 3 AND 238 AND THE
LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND , FOR OTHER
PURPOSES .
Mayor Swaim noted that the property being reclassified was formally a
trailer park to single-family . He explained that the trailer park was a
significant code enforcement issue , adding that the rezoning is a plus
for the City.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1320 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 At t orney Bamburg read the
heading of Ordinance 1320 .
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1320 be
APPROVED on FIRST READ I NG . ROLL CALL : Alderman Elliott, Sm i th, McC l eary ,
Sansing, Ray, Rinker , Fletcher, Stroud, Twitty , and Howard voted AYE .
NAY (0). MOTION CARRIED .
Alderman Howard moved , seconded by Alderman Stroud to suspend the rules
and place Ordinance 1320 on SECOND READING . ROLL CALL : Al derman E l liot t ,
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 1320.
3
000189
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7 :00 P.M. - 7 :30 P.M .
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and p lace Ordinance 1320 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 1320.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1320 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith , McClea r y,
Sansing, Ray, Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1320 THIS 20th DAY OF SEPTEMBER
2007 .
APPOINTMENT(S):
ANNOUNCEMENT(S): Annex ation Action with Sherwood
City Attorney Bamburg reviewed that in May the City had appea l ed an award
of annexation from the County court, adding that the order from Judge
Kilgore against the City of J acksonville has been finally been issued as
of September 11 , 2007 . He explained that the City of Jacksonville has 30
days in which to provide a notice of appeal if that is the acti on the
City Council wishes to take . He stated that because of the extensive
nature of the annexed area and the effect to the City of Jacksonville, he
urged the City Council to give the matter thought regarding the appeal.
He stated that the City of Jacksonvi l le has until October 10th to decide
if the City wants to appeal .
In response to a question posed by Alderman Smith , City Attorney Bamburg
stated that he did feel that in this c ircumstance the City of
Jacksonville did present sufficient evidence to support blocking the
annexation and showing that the parties had not met the requirements of
the statutes. He clarif i ed that the statue is very specific as to the
things that have to be presented in order to do an annexation of that
nature. He related that part of the problem was technicality and some
was the manner in which they proceeded or proposed regard ing property
development, which is not in accordance with what was presented or
authorized by State statute. He explained that there is a State statute
that authorizes only the City of Jacksonville to address exclusive
jurisdiction for the AICUZ zone . He added that Sherwood is not in a
position accordi ng to the statutes to implement such an ordinance or
r equ irements . He stated that Jacksonville 's jurisdicti on for that
territory still exists and parties will have to address it. He stated
that this was one of the sta tute s that he brought to the Court's
attention, but did not feel that i t was given due concern and influence.
He concluded saying that he believes the decision has merit for appeal.
Mayor Swaim noted that while he agrees with the consensus to appeal, the
property in question does not take in a significant amount of the total
property .
4
OJ0190
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7:00 P .M. - 7 :30 P.M.
Director of Administration Jay Whisker clarified that the AICUZ portion
of the property consists of the top half of Tracts 2 and 3 and a small
corner of Tract 1 .
Discussion ensued regarding the total acreage represented by the AICUZ
zone . City Attorney Bamburg clarified that the total acreage annexed was
approximately 2, 000 acres and the amount of property the City of
Jac ksonvil le focused on was approximately 1 ,100 acres. He stated that he
believes of that portion approx i mately 500 acres are AICUZ . He stated
that in using the common boundary of Bayou Meto and following Hwy 107
going up is the main area that was used to determine the main focus ,
adding that a part of the AICUZ is in this area . He stated that there
are limitations under the ordinance that prohibits certain developments
or the density, which is the big factor under the AICUZ ordinance. He
stated that presentations by the property owners were not in accordance
with what the AICUZ ordinance allows .
Discussion ensued regarding the status of appeal regarding State statute
and the authority of the AICUZ zone . It was noted that this ca se would
be appealed to the State Supreme Court .
Alderman Fletcher move d, seconded by Alderman Stroud to suspend the rules
and place the item o f business concerning the appeal i ng of the annex ation
court case on the agenda . MOTION CARRIED .
Alderman Fletcher mo v ed, seconded by A l derman Strou d to authorize City
Attorney Bamburg to appeal the ruling in the recent annexation case with
Sherwood and to expend documentation funds as necessary . MOTION CARRIED.
Alderman Ray stated for the record that he would like East Valentine Road
to be annexed up to Interstate 40 .
Mayor Swaim announced that Northeastern Avenue will continue to be closed
until September 28 due to complications with pipe burst i ng work being
performed by the Wastewater Department.
ADJOURNMEN T : Without objection, Mayor Swaim adj o u r ned the meeting at
approximately 7 :24p .m. MOTION CARRIED.
Respectfully,
5
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
October 4, 2007 7 :00 p.m.
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
Engineering Department
6. WATER DEPARTMENT:
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
September 20, 2007
Regular City Council Meeting
September 6, 2007
Regular Monthly Report/September
(Mayor Swaim)
FINAL PLAT : Tract 2 , Jacksonville
Shopping Center (Mayor Swaim)
a. ORDINANCE 1321 (#20 -07)
Reclassifying property between Loop
Road, Foxwood Drive and Northeastern
Avenue (Mayor Swaim)
b . RESOLUTION 605 (#6-07)
Authorizing destruction of specific
City Department records
(Mayor Swaim)
n '"'n ·• n .., ._, .) 'J .:'_ ~ .l.
OJG l 92 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2007
7:00 P.M . -7:24 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvi l le , Arkansas me t in Regular
Session on October 4 , 2007 at the regular meeting place of the Council .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audien ce 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. Mayo r Swaim a l so
answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Acting
Deputy Clerk Carol Va ughn , Director of Administration Jay Whisker , Public
Works Director Jim Oakley , Human Resource Director Jill Fourqurean ,
Finance Manager Cheryl Erkel, Parks and Recreation Director George Bi ggs ,
CDBG Director Theresa Watson , Fire Ch ief John Vanderhoof, Police Chief
Robert Baker, Mr . Tommy Bond, Mr. Jack Wilson , interested citizens and
members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular Ci ty Council meeting of
September 20, 2007 for approval and/or correct ion at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman McCleary that the minutes of
the Regular City Council Meeting of 6 September 2007 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman E l liott moved , seconded by Alderman Ray to approve the Regular
Monthly Report fo r September 2007. Said report r e flects:
PERMITS/LICENSE ISSUED
Bu i lding Permits
Business License
UNSIGHTLY & UNSANITARY
19
10
Grass Letters 322
Property Mowed 21
Trash Lette r s 100
Trash Removal 0
Property Maint. Letters 35
Cost f or February $1,050.00
Demolitions 0
INSPECTIONS PREFORMED
Bu ilding Inspectio n s
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncomp l iance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
1
92
43
90
86
25
4
0
0
--
CITY OF JACKSONVILLE
O.J01.93
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2007
7:00 P .M. -7:24 P .M.
ROLL CALL : Aldermen : Elliott, Smith, McCleary ,
Fletcher , Stroud , Twitty , and Howard voted AYE .
Sansing, Ray ,
MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARK S & RECREATION :
Rinker,
PLANNING COMMISSION : FINAL PLAT Tract 2, Jacksonville Shopping Center
Director of Administration Jay Whisker expl ained that the Jacksonville
Shopping Center is currently o ne larg e tra ct that the owners are
propos i ng to split off a tract that is located between the new Wendy 's
Res t aurant a nd Mike Wilson 's law office. He stated that the depth of the
tract matches the t ract split for Wendy 's. He stated that the property
has avai l able water and sewer and a bond has been posted for sidewalk
construction . He then a n swered that ther e is a 30 ' easement along the
east side of the property for drive access. He t h en answe r ed that he is
not aware of any d e velopmen t plans for the property.
Alder man Smith moved , seconded b y Alderman Stroud to appr ove the Final
Plat of Tract 2 , Jacksonville Shopping Center . MOTION CARRIED.
GENERAL : a. ORDINANCE 13 2 1 (#20-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : PROPERTY BETWEEN LOOP ROAD, FOXWOOD DRIVE , AND
NORTHEASTERN AVENUE); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND
USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES .
Alderman Stroud moved , seconded by Alderman Howard that Ordin a n ce 1321 be
placed on FIRST READING .
Alderman Stroud commended the developer for providing a much -n eeded type
of housing for the City of Jacksonville , adding that he also appr eciates
the developer's willingness to satisfy exi sting area residents regarding
the Subdivision amenities .
Alderman Sm i th stated that he i s aware that Mr . Wilson b u i l ds a qua l ity
subdiv i sion and feels it will be a great asset to the City of
Jacksonville.
Alderman St rou d acknowledged Director of Administration Jay Whisker 's
efforts in work i ng wi t h t he res i dents to provide information t hat would
let them know that this development as a borde r would do more to protect
their property value s.
2
0 0 01.94
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2007
7:00 P.M. -7:24 P.M .
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
1321.
Alderman Stroud moved , seconded by Alderman Smith that Ordinance 1321 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith, McCleary,
Sans i ng, Ray, Rinker , Fletcher , Str oud, Twitty , and Howard voted AYE .
NAY (0). MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Fletcher to suspend the rules
and place Ordinance 1321 o n SECOND READING. ROLL CALL: Alderman Ell i ott ,
Smith, McCleary , Sansing , Ray , Rinker , Fletche r , Stroud, Twitty, and
Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1321.
Alderman Fletcher moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1321 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 1321.
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1321
be APPROVED AND ADOPTED . ROLL CALL: Alderman El l iott, Smith, McCleary,
Sansing, Ray , Rinker, Fletcher , Stroud , Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1321 THIS 4 th DAY OF OCTOBER 2007.
b . RESOLUTION 605 (#6-07)
A RESOLUTION AUTHORIZING THE CITY CLERK TO DESTROY SPECIFIED CITY
DEPARTMENTS RECORDS ; AND, FOR OTHER PURPOSES.
Alderman Smith moved , seconded by Alderman Sansing to read Resolution
605. MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Resolution 605 .
Alderman Fletcher moved, seconded by Alderman Stroud to approve
Resolution 605 in its entirety . MOTION CARRIED.
APPOINTMENT(S):
ANNOUNCEMENT (S) : Mayor Swaim
Mushrush is recovering well and
soon .
reported t h at Finance Director Paul
anticipating his return to work very
He then announced that Wi ng Ding would be held this coming Saturday ,
addi ng that the SK Fun Run wi l l begin at 7 :30 a .m. Mayor Swaim
encouraged eve ryone to attend, commenting that the Wing Ding Festival
showcases the City of Jacksonville.
3
000195
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2007
7 :00 P.M . -7:24 P .M.
Discussion ensued regarding the one-time expenditure of additional State
Turnback Funds.
Alderman Fletcher offered the importance of small neighborhood parks and
the absence of those parks in the west portion of Jacksonville. He noted
the new growth in west Jacksonville and the Plan n i ng Commission's efforts
along with the Parks and Recreation Commission to establish new
neighborhood parks . He related that this also provides a good selling
point for the City of Jacksonville , adding that Parks and Recreation
Dire ctor George Biggs has designated areas of interest for parks. He
proposed a developmental plan be created to review park needs, asking the
City Council to consider funds for small neighborhood parks. He
mentioned joint Planning Commission and City Council meeting efforts as
proposed by Alderman Stroud.
Mayor Swaim noted t h at 30 acres in StoneRidge i s being proposed for park
development , explaining that Director of Administration Jay Whisker and
himself have begun working on that concept. He then noted that Northlake
has one of the larger better parks on the west side of Jack sonville. He
reminded everyone that the A&P Commission had dedicated 50% of the
prepared food tax to Parks and Recreation, explaining that parks is one
of the allowable capi tal improvements that could be funded through those
monies. He noted that would be approximately $250 ,000 annually .
Mayor Swaim then answered that when improvements are made to the Park
system, it is incumbent on t he General Fund to maintain those
improvements on a n annual reoccurring basis. He stated that capital
outlay is the first expense , but the ongoing expense has to be considered
as well. He stated that those annual funds would be used for ongoing
expenses as well as capital outlay .
In r esponse to a question posed by Mayor Swaim, Parks and Recreation
Director George Biggs answered that currently there are eleven City parks
including the sports complex. He th en answered that in west Jacksonville
there are two existing parks with a third and fourth proposed , including
the 30 -acre park in StoneRidge.
Alderman Elliott noted ongoing efforts t hrough the Parks and Recreation
Commission to address parks throughout the City.
Alderman Stroud offered that feedback from Jacksonville ci tizens in CDBG
public hearings has been particularly in favor of a farmer's market . He
suggested that each City Council member submit a list of three items to
develop a priority list to determine how far the money may extend into
accomplishing that list .
Mayor Swaim stated that he would not be opposed to using those funds to
create parks, adding that joint use parks is one i tern that has been
discussed . He e xpl ained that Tolleson Elementary School has need of
4
0001 96 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2007
7 :00 P.M . - 7 :24 P .M.
better playground park equipment , adding that the City could join with
the School District in improving that School park . He noted that the
tennis courts at the High School is another joint venture along with
some of the baseball fields . He noted that with discussions for a new
school all equipment would need t o be installed in such a manner that it
could be removed if necessary.
Alderman Smith offered that he had received comments regarding $20 ,000.00
for the purchase of land for Reed's Bridge.
Mayor Swaim related that he is meeting with representatives Monday
regarding the purchase of lots for Reed's Bridge.
Alderman Fletcher complimented Rebsamen Hospital and staff , explaining
that his father was recent ly in the Hospital and the care and service was
exceptional . He noted that because the Hospital is close to Little Rock
there is a benefit of having available specialists.
Mayor Swaim noted that the Hospital Board is currently working on a
public relations promotion program to provide positive Hospital health
care i nformat i on to the public .
Alderman Fletcher requested an update regarding solutions for the County
Detention Center jail space issue . He noted an instance where copper was
stolen two nights consecutively from the same new house construction
site .
Mayor Swaim related ongoing efforts through committees , and noted that
there have been two ballot issues to raise funds. He explained that
constitutionally it is the County 's responsibility to provide a jail ,
addi n g that the cities have been paying into that effort for years . He
stated that presently the City of Little Rock is con sidering a lawsuit
against the County for not providing jail space . He stated that there
needs to be a funding mechanism that is equa l across the County . He
stated that whi l e there have been numerous conversations ; there has been
no apparent solution . He stated that he reviews Jacksonvil l e a r rest
records daily and is aware o f the burglaries and other crimes that occur .
He stated that the first solution would be jail space and secondly, some
type of intervention that would help prevent criminal behavior from
developing either at the school level or possibly with the at risk youth
level . He noted through his observations that property crimes have been
on the increase .
Discussion ensued and it was noted that previous prison er work programs
had been discontinued regarding a lack o f funding . Mayor Swaim noted that
the County Quorum Court is trying to secure funds to reopen that program.
Mayor Swaim related that the Pulaski County Jail is still being monitored
by court order, regarding doub l e bunki ng and over bunking . He explained
that the court determines what can or cannot be done with prisoners.
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2007
7:00 P .M. - 7 :24 P .M.
In response to a question posed by Alderman Smith, Ma yor Swaim stated
that there are no funds for the Vandenburg redesign , adding that the
approval order specifical ly states , "wh en funds become available ."
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 7 :24p.m . MOTION CARRIED.
Respectfully ,
6
000198
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
October 18 , 2007 7:00 p .m.
1. OPENING PRAYER: PAGE
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:
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
October 4 , 2007
Regular City Council Meeting
September 20, 2007
Regular Monthly Report/September
(Fire Chief John Vanderhoof)
Regular Monthly Report/September
(Public Works Director Jim Oakley)
Regular Monthly Report/September
(Police Chief Robert Baker)
ORDINANCE 1322 (#21-07)
Modifying JMC § 16.20.0 20
Landscaping requirements
(Alderman Stroud)
b. ORDINANCE 1323 (#22-07)
Creating § 2 .04.050 providing
an annual joint meeting of the
City Council & Planning Commission
(Alderman Stroud)
c . ORDINANCE 1324 (#23-07)
Millage Collection for 2008
(Mayor Swaim)
--CITY COUNCIL A G E N D A continued:
Jctober 18 , 2007
GENERAL continued :
15 . APPOINTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNMENT
d . DISCUSSION : Proposed projects
for State turnback funds
(Mayor Swaim)
e . Authorization to complete transactions
purchase of lots for Reed 's Bridge
(Mayor Swaim )
O:J0 1 99
OJ02 0 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18 , 2007
7:00 P .M. -8:13 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Co uncil of the City of Jacksonville, Arkansas met in Regul a r
Session on October 18 , 2007 at the regular meeting place of the Co u ncil.
Alderman Fletch e r d e livered the invoca tion and Mayo r Swaim led a standing
a udience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen : Elliott , Smith, McCleary , Sansing , Ray , Rinker ,
Fletcher , S t roud , and Howard answered roll call . Mayor Swaim also answered
ROLL CALL declaring a quorum. P RESENT ni ne (9}, ABSENT (1) .
Othe r s present for the mee ting were: City At torn ey Robert Bamburg , Deputy
Clerk Kathryn Jezwinski , Director of Adminis t ration Jay Whisker , Nick
Whisker, Jack Whisker , Public Wor ks Dire ctor J i m Oakley , Human Resource
Director Ji l l Fourqurean, Finance Manager Cheryl Erkel , Par k s and
Recreation Director George Biggs, CDBG Director Th eresa Watson , Fire
Battalion Chi e f Kendell Snyder , Police Chief Robert Baker , Mrs . J udy
Swaim , Mrs. Edith Smith , Mr. Tommy Du p re e, Mr . Jack Danielson , interested
citi z ens and membe rs of th e press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minut es of t he regular City Counci l meet ing of
October 4, 2007 for approval and/or correction a t t h e next re gular ly
scheduled Ci t y 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 20 September 2007 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA :
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alde rma n El liott moved, seconded by Al de rman Sm i th to a p prove the Regu lar
Monthly Report for September 2007 from the Jacksonvi lle Fire Department ,
which refle c ts a fire loss of $15 ,000 .00 and a savings total of $35 ,000.00.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , s e conded by Alderman Smi t h to approve the Regular
Monthly Animal Cont rol Re p o rt fo r September 2007 . Said report reflects :
ADOPTION/FINES: $2 ,135 .00
CONTRIBUTIONS : $ 2 00 .0 0
TOTAL: $2 ,235.00
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Al derman Elliott moved, seconded by Alderman Smith to approve the Regu lar
Monthly Report fo r S eptember 2007 . Report reflects the Total Value o f
Reported Stolen Property $140 ,853 . Total Value o f Recovered Stolen
Property $103 ,382 and Total Report Sales $1,1 55 .
--
'·-
ROLL CALL: Aldermen : Elliott, Smith ,
Fletcher , Stroud, and Howard voted AYE .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION :
GENERAL: a. ORDINANCE 1322 (#21-07)
CITY OF JACKSONVILLE OJ0201
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2007
7:00 P.M . -8:13 P .M.
McCleary, Sansi ng,
MOTION CARRIED .
Ray , Rinker,
AN ORDINANCE MODIFYING JMC §16.20 .020; AND , FOR OTHER PURPOSES .
Alderman Stroud stated that a recent commercial renovation of 1 million
dollars was proposed but did not fall under the requirements for
l andscaping , add i ng that this ordinance is an amendment to capture more
commercial remodels in the City .
Alderman St r oud moved, seconded by Alderman Howard that Ordinance 1322 be
placed on FIRST READING .
Alderman Ray stated that he supports the current percentage of 50% and
does not support it being l owe r ed to 25%.
Acting City Engineer Wh i sker e xplained that currently a b ui l ding permit
for new commercial construction would require a 6 ' landscaping strip
around the perimeter with internal landscaping islands if there is more
than 20 parki n g spaces and a 4 ' buffer between the building and the
parking lot . He noted that a tree is required every 40' and a shrub
every 10 ' with grass or ivy inside the i slands. He noted that Dollar
General on James Street is a good examp l e of new commercial construction
complying with the landscaping ordinance . He then explained tha t i f an
e xi sting commercial buildi ng were worth 1 million dol l ars and the owner
proposed to do $400,000 in improvements, they wou ld not be obligated
under the present ordinance to comply with the landscaping requirements .
He stated that under the present ordinance proposed improvements have to
be at least 50% of the total value of the building before the landscaping
ordinance comes into effect .
He then explained that recently there was a situation where t h e bu i lding
was valued at 1 .3 million dollars and the owners were proposing
improvements valued at $800,000 , which would require the owner to comply
wi th t h e landscaping ordinance . He went on to explain that even t hough
the owner was only proposing improvements to ~ of the total space of the
building , it would have required the owner to put in $240 ,000 .00 i n
landscape improvements . He re l ated that in this particular instance the
owner was granted a waiver by the Planning Commiss i on, which was
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2007
7:00 P .M. - 8 :13 P .M.
equivalent to approximately 10% of the value of proposed construction .
He then explained that Ordinance 1322 specifically lowe r s the percentage
for which the landscaping ordinance is required. He noted that instead
of $500 ,000 worth of improvements on a mill i on dollar building to br i ng
the l andscaping ordinance into play , it would fac t or in at only $250,000
even if they were only proposing one area of a building that was divided
among two or more businesses.
Mayor Swaim commended the Planning Commission for their forward thinking
and action in granting a variance from full compliance with the
landscaping ordinance, which allowed a new national chain business an
opportunity to move to Jacksonville . He noted that the amendment would
trigger the landscaping ordinance at a lower percentage , wh i ch makes
compliance more stringent.
Acting City Engineer Whisker noted at the 25% amendment , most shopping
centers would be affected regardi ng renovation for a new tenant. He
stated that if a shopping center has one or two new tenants it would
trigger the landscaping ordinance for the entire parking lot, which would
not be cost effective for the owner .
Alderman Sansing stated that if the percentage is dropped to 25 % instead
of the current 50% it would discourage business owners from renovating
their business because it would not be cost effect for them. He stated
that the City in turn suffers from a lack of renovations regardi ng
commercial businesses.
Alderman Elliott stated that he feels it would be reasonable to consider
a maximum percentage if a commercial business is proposing a renovation .
He stated that if a shopping center is proposing a renovation to one
space they should not have to landscape the entire parking lot . He
suggested 7% as a reasonable cap . He stated that he could support the
25 % trigger point if there is a percentage cap on landscaping
requirements .
Mayor Swaim clarif i ed that even i f a projected were t r iggered with t he
lower 25%, a percentage cap would limit the amount of funds required to
complete the landscaping portion of the proposed project . He noted that
it would not keep businesses from having to perform landscaping regarding
their renovation projects .
Mr. Ron Newport , Director of Keep Jacksonville Beautiful noted that other
businesses who did not do any renovations have moved into shopping center
space and did not perform any landscaping. He related that he feels the
City Council should address businesses that move into a new space, saying
that landscaping should be required without renovation . He proposed that
the City Council abolish the grandfather clause and require any business
that purchases a building permit or a business license to comply wi t h all
sections of Jacksonville Municipal Code Chapter 16 . 20, the landscap i ng
requirements.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1 8, 2007
7 :00 P .M. - 8 :13 P .M.
Mayor Swaim voiced concern regarding attempts to make all existing
businesses comply with full landscaping requirements, adding that he
feels such a stringent move would force businesses to move from
Jacksonville. He noted that in many cas es when a business mo ve s across
town, the requirement of full landscaping would simply be more than the
business could actually afford to perform. He stated that while he
supports landscaping; full compliance would hinder his and the City's
Industrial Recruiter 's efforts to have businesses come to Jacksonville.
He noted that as with an automobile dealership they try to have as many
vehicles on display as possible, if space were used for interior island
landscaping it would take out 25 to 30 spots for vehicles. He urged that
common sense be used in determining landscaping requirements , noting that
while new commercial construction i s aware of landscaping requirements,
not all existing bus i nesses are aware of those issues if they choose to
renovate.
In response to a question posed by Mr. Jack Danielson , Mayor Swaim
related that maintenance of commercial landscaping is the respon sibility
of the owners. He noted the enormous expense for existing businesses
that have to incorporate a sprinkler system into the parking lot to
maintain landscaping islands .
Alderman Stroud then offered that it is the responsibility of Code
En fo rcement to c ite businesses that do not maintain their landscaping.
Alderman Fletcher stated that he feels the commercial property owners who
rent space should want to renovate and landscape in order to make the
property attractive for potential businesses.
Alderman Stroud stated that he would be in agreement to an amendment that
triggered landscaping requirements at 25% or 250 ,000, noting t hat cities
all over Arkansas are getting heavily involved in beautifying their
citi es.
Mayor Swaim reiterat ed that he wou l d not be opposed to amending the
percentage to 25% but he could not support requiring a business moving to
another location to comply wi th landscaping requirements . He noted that
the Jacksonville Shopping Center has a new owner and the City has been
trying to help existing businesses relocate , adding that some businesses
have already decided to move from Jacksonville because of higher rent
situations. He stated that if this were complicated with landscaping
requirements it would keep these businesses from being able to remain in
Jacksonville. He voiced support for a percentage cap.
Alderman Sansing
address va r iance
v a lue , what would
would that create
questioned if the Planning
issues at the current rate
be the repercussions at 2 5%,
for local businesses .
4
Commission is having to
of 50% o f the building's
and what k ind of hardship
0 00 2 04 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2007
7:00 P .M. - 8 :13 P .M.
Alderman E lliott stated that a p ercentage cap would e levate that
hardship .
Alderman Howard stated that the Plann ing Commission suppo rt s lowering the
percentage r ate to 2 5% and has collective ly ag re ed to hear those cas e s
where a var ian ce ma y be in order.
Acting City Engineer Whisker n o ted tha t a 5 to 10 % cap was d i scussed in
the Planning Commission mee ting, allowing the City Counc il t o formulate a
reasonable percentage i f deemed necessary.
City Attorne y Bamb urg stated that the Comm issi o n had also felt that
u n less i t became a f re que nt i s sue , they wou ld be wi ll ing to address th is
on a c as e -by -case basis.
Alderman Elliott stated that an amendment to 25% wi th a cap would be mo r e
bus iness friend l y than leaving t he o rdinance as is.
Alderman Stro u d stated that i f a re novation is more than $200 ,000 then a
plan should be s ubmitted to the Eng inee ri ng Department and a perce ntage
c ap c an be implemented.
Acting City Engi neer Whisker recommended a 7% cap as a minimum .
Alderman Smith moved , seconded by Alderman Stroud to amend the previous
motion to include that a 7 % monetary cap regarding improvement costs be
incorporated into Ordinance 1322 and made a part of the original
amendment to lower the percentage trigger from 50 % to 25 %. ROLL CALL:
Alderman Ell iott, Smith , McCleary, Sans ing , Ray , Rinker, Fletcher ,
St roud , and How ard voted AYE. NAY (0). MOTION CARRIED .
ROLL CALL : Alde rma n Elliott , Smith , McCleary , Sansing, Ray, Rinker ,
Fletcher , Stroud, a n d Howard voted AYE. NAY ( 0) . MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1322 a s
amended .
Alderman S troud moved, seconded by Alderman Ho wa r d that Ordinance 1322 be
APPROVED on FIRST READING . ROLL CALL: Alderman Ell io tt, Smith , McC leary ,
Sansing, Ray, Rin ker , Flet cher , Stroud, and Ho ward voted AYE. NAY (0 ).
MOTION CARRIED .
Alderman Ray moved , seco nded by Alderman Smith to suspend the rules and
place Ordinance 1322 on SECOND READING AS AMENDED . ROLL CALL : Alderman
Elliot t , Smith , McCleary , Sansing, Ray , Rinker, Fletcher, Stroud, and
Howard voted AYE. NAY (0) . MOTION CARRIED. Whereupon City Attorney
Bamburg r ead the h eading of Ordinance 1322 as amended.
Alderman McClea r y moved, seconded by Alderman Stroud to furt her suspend
the rules and place Ordinance 1322 on THIRD and FINAL READING AS AMENDED .
5
O.J0205
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18 , 2007
7:00 P .M. - 8 :13 P .M.
ROLL CALL : Alderman Elliott , Smi t h, McCleary, Sansing , Ray,
F letcher , Stroud , and Howa rd voted AYE. NAY (0). MOTION
Whereupon City Attorney Bamburg read the heading of Ordinance
amended.
Rinker ,
CARRIED.
1322 as
Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1322
be APPROVED AND ADOPTED AS AMENDED. ROLL CALL : Alderman Elliott , Smith ,
McCleary,
NAY (0).
Sansing, Ray, Rinker,
MOTION CARRIED .
Fletcher , Stroud , and Howard voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1322 THIS 18 th DAY OF OCTOBER
2007 .
b . ORDINANCE 1323 (#22-07)
AN ORDINANCE CREATING JMC §2 . 04.050 TO PROVIDE FOR AN ANNUAL JOINT
PLANNING COMMISSION MEETING OF THE MAYOR , CITY COUNCIL , PLANNING
COMMISSION, AND KEY CITY PERSONNEL; AND , FOR OTHER PURPOSES .
Alderman Stroud r elated the importan ce of long -range planning for the
City , noting the accomplishments of Mayor Swaim regarding those effo r ts
and the Planning Commission 's role and authority in that pursuit . He
then explained the purpose of Ordinance 1323 to have a mandatory meeting
of the Planning Commission, City Council, Mayor, City Enginee r and other
outside entities such as the Jacksonville Chamber of Commerce and Keep
Jacksonvi lle Beautiful regarding input i nto de ve l oping a long-range plan
that se ts intermediate goals to reach an objective.
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1323 be
placed on FIRST READING .
Alderma n Rinker supported the concept of long-range planning that would
offer a clear direction. She then questioned if by mandatory it is meant
that attendance is mandatory o r that the holding of s uch a meeting is
mandatory.
Alderman Stroud stated that the meeting would be mandatory.
Discussion ensued regarding the necessity of making an annual meeting of
certain entities mandatory , it was the consensus of the City Council that
an annual meeting would be of great benefit to the City and good practice
for those involved.
Alderman Fletcher stated that to achieve any real goals or solutions it
would take more than j ust the time derived from one meeting.
I'~ Mayor Swaim added that to aid in production he would prop os e that an
outside facilitator be hired to conduct the meeting or seminar and
encourage input. He noted that a facilitator could help set realistic
goals to reach ob jectives and funding.
6
()()()2 0 6 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1 8 , 2007
7:00 P .M. -8:13 P.M .
Alderman Stroud n oted t h at pa rt of the prop osal o f Ordinance 1323 is to
direct the City to hire an outs ide f acilitator .
Discussion returned to the issue of adopting an ordinance to make the
meeting mandatory, Alderman Stroud offered that i t would standardize the
time for the meeting each February .
Alderman Ray called for a question to the motion to vote on Ordinance
1323 on first read i ng . ROLL CALL : Alderman Elliott, Smith , McCleary ,
Rinker , Fletcher , S t roud and Howard voted AYE . Alderme n Sansing and Ray
vote d NAY (2). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1323 .
Alderman Stroud moved, seconded by Alderman How ard t hat Ordinance 1323 be
APPROVED o n FIRST READING . ROLL CALL : Alderman Elliott , Smith, McCleary,
Rin k er, Fletcher , Stroud and Howard v ot ed AYE. Aldermen Sansin g and Ray
voted NAY (2). MOTION CARRIED .
Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rules
and place Ordinance 1323 on SECOND READING. ROLL CALL: Alderman Elliott ,
Smith, McCleary , Rinker , Fletcher , Stroud and Howard voted AYE. Aldermen
Sans i ng and Ray voted NAY (2). MOTION CARRIED. Wh e reupon City Attorney
Bamburg read the heading of Ordinance 1323 .
Alderman Stroud moved , seconded by Alderman Howard to further suspend the
rules and place Ordinance 1323 on TH I RD and FINAL READI NG. ROLL CALL:
Alderman Elliott , Smith , McCleary, Rinker, Fletcher , Stroud and Howard
voted AYE. Aldermen Sansing and Ray voted NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg r ead the heading of Ord i nance 1323 .
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1323 be
APPROVED AND ADOPTE D. ROLL CALL : Alderman Elliott, Smith , McCleary ,
Rin k er , Fletcher , St roud and Howard voted AYE . Aldermen Sansing a n d Ray
voted NAY (0). MOTI ON CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 132 2 THIS 18th DAY OF OCTOBER
2007.
ORDINANCE 1 324 (#24-07)
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE {1) MI LL , ONE (1) MILL , AND
ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF JACKSONV ILLE , ARKANSAS ; FOR THE PURPOSE OF LEVYING ONE ( 1)
MILL, ONE (1) MILL , AND ONE (1) MILL AGAINST ALL REAL PRO PERT Y WIT HIN THE
CORPORATE LIM I TS OF THE CITY OF JACKSONVILLE , ARKANSAS ; FOR THE PURPOSE
OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF
TOWNHOUSE THE TAX LEVIED ; AND , FOR OTHER PURPOSES. MODIFYING JMC
§16.20 .020 ; AND , FOR OTHER PURPOSE S.
7
0 1nr"\J">) . • .. 1_/ t-I {
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2007
7 :00 P .M. - 8 :13 P .M.
Alderman Smith moved , seconded by Alderman Ray that Ordinance 1324 be
placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith , McC leary,
Sansing , Ray , Rinker , Fletcher, Stroud and Howard voted AYE . NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1324 .
Alderman Ray moved , seconded by Alderman Sansing that Ordinance 1324 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott , Smith, McCleary,
Sansing , Ray , Rinker, Fletcher , Stroud, Twitty , and Howard voted AYE .
NAY (0). MOTION CARRIED.
Alderman Ray moved , seconded by Alderman Stroud to suspend the rules and
p la ce Ordinance 1324 on SECOND READING . ROLL CALL: Alderman Elliott,
Smith , McCleary, Sansing, Ray , Rinker , Fletcher , Stroud and Howard voted
AY E . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1324 .
Alderman Smith moved , seconded by Alderman Ray to further suspend the
rules and place Ordinance 1324 on THIRD and FINAL READING . ROLL CALL:
Alderman Elliott , Smith , McCleary , Sansing , Ray, Rinker, Fletcher, Stroud
and Howard voted AYE. NAY {0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1324 .
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1324 be
APPROVED AND ADOPTED. ROLL CALL: Alderman El lio tt, Smith, McCleary,
Sansing , Ray , Rinker , Fletcher, Stroud 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 El liot t , Smith, McC l eary,
Sansing , Ray , Rinker , Fletcher , Stroud and Howard voted AYE . NAY { 0) .
MOTION CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1321 THIS 4 th DAY OF OCTOBER 2007.
d . DISCUSSION regarding proposed projects for State turnback funds
DEVIATION IN AGENDA:
It was the consensus o f the City Council to deviate and address i terns
before discussion regarding proposed projects for State turnback funds.
e. Authorization to complete transactions to purchase of lots for Reed 's
Bridge
Mayor Swaim related that in some years past the Ci ty entered into a
--practice of assisting the Reed 's Bridge Foundation i n acquiring property
for the Reed 's Bridge Battlefield , saying that there have been lands
purchased by Reed 's Bridge on its own when it was feasib l e . He stated
that of the lots purchased , two were kept from being put int o the City 's
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2007
7 :00 P .M. - 8 :13 P.M .
name because they were being used as rental property to generate fu nds
for the Reed's Bri dge Foundation . He noted that a deed was prepa re d to
transfer the property to the City but there was never any funds invo lved
in that transaction, adding that this is a reques t of Reed 's Bridge to
help p ay for the two lots. He noted that the r ental situation has ceased
to ex i st and the City can now be made ow ner of the property .
Mr. Dupree stated that this request i s essentially the s ame as in the
past , with the property be ing sold to the Ci ty and added to Reed 's Bridge
Battlefield. He noted t hat the property is adjacent to the Wastewater
Utility on the east side , adding that the property a t the end of
Lakeshore Avenue has al r eady been transfe r r ed to the Ci ty . He e xpla ined
that there are two pieces of property between that property and the
proposed property th a t would still need t o be acqu i re d a t some time in
t h e future . He related t hat originally the y p u r chased the property for
approximately $30, 000 . 00 and sold the doubl ewide trailer lo cated on t he
propert y f o r $5 ,000 .00 . He then added that the land alone had appra i s ed
for $30,000 .00.
Mayo r Swaim clarified that the request is that fu nds from the Sta te
turnback be u sed to purchase t he lots. He then answered that t he
purcha se price is $20,000.00 less taxes due .
Mr . Dupree then answered that there is a map in the preservation study,
regarding the property to be acquired.
Alderman Ray
less taxes,
purchase of
Battlefield .
moved, seconded by Alderman Smith to appropriate $20,000.00
to be funded from State turnback funds to pay for the
property for the Historical Foundation for Reed's Bridge
MOTION CARRIED .
RESUME AGENDA :
d . DISCUSSION regarding proposed projects for State turnback funds
Mayor Swaim noted that there have been s eve ral r e quests regarding
expenditure of the turnba ck fu n ds, mentioning a request from Mr . Ron
Newport that $5 , 000 . 00 be approved t o construct a pavilion fo r t he new
recycling education p ark . He t he n noted p roposals from Alderman S t ro ud
to fund a f armer's market and to approve match ing landscaping funds for
the downt own area to encourage bus inesses to l ands cape.
In response to a question posed by Alde rm an Ray, Mayo r Swaim re l a ted that
location and costs of property for the farmer 's ma r ket has not b e en
determined ye t , so if chos en for funding othe r projects would have to be
held until costs were pro j ected. He noted t hat would incl ude provisions
for a covered a r ea for vendors.
Mayor Swaim reviewed Alderman Fletcher 's proposa l to invest in d evelopi ng
neighborhood parks main l y in the western part o f Jacksonville .
9
CITY OF JACKSONVILLE
0002 09
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2007
7:00 P .M. -8:13 P .M.
Al d erman Fletcher read from his request, "Parks appear to be a priority
in the scheme of developing residential subdivisions so much that
developers are being asked to set as i de land for such projects by the
Planning Commission . It is difficult to count on General Operating Funds
in the Department 's yearly budget to do thi s when there is l i ttle to no
excess money to venture out with new projects and if there is, it's very
limited . This being one time money , I feel this would be a great area to
spend it so that future generations would receive the benefit from now on
as well as build on the image of Jacksonville as it continues to attract
young families .u
He added that his second proposal wou l d be to purchase one storm siren,
as well as r elocating e x isting sirens as deemed necessary by a Study to
maximize effectiveness . He related that in speaking with Fire Chief
Vanderhoof he learned t h at the Stu dy i s almost complete . He concurred
with Mayor Swaim that it cost approximately $6 , 000.00 to relocate and
$15 ,000.00 to purchase a siren .
Mayor Swaim noted that the existing civil defense sirens from the 40's
are as good as can be p u rchased based on t he Study . He explained that
they a r e of good quali t y and have only required minor electrical work .
He stated that he felt this is a worthwhile expenditure, adding that he
feels it can be included in the 2008 budge t and can be funded from
Capital Improvements .
Discussion ensued regarding est i mates for the farmer 's market and
developing a priorities list for remaining projects .
Alderman Howard noted that one of the items for the list was additional
parking for the Cou r ts, Mayo r Swaim concurred , saying that there is
inadequate parking and clientele are using parking spaces that belong to
other establishments .
Mayor Swaim asked the City Council to focus on a priorities list that
could be brought b ack with funding amount s for discussion.
In response to a question posed by Alderman Sansing , Mayor Swaim related
that regarding the circumstance of earning interest, all mon i es are kept
in a sweep account. He asked the City Council to develop a priori ties
list to formulate a direction .
Alderman Fletcher suggested that an existing location such as the senior
citizen tower be used rather than purchasing land .
Alderman Elliott moved , seconded by Alderman Howard to appropriate
$5 ,000 .00 to fund construction of a pavilion in the recycling education
park as requested by Mr . Ron Newport . MOTION CARRIED .
10
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18 , 2007
7 :00 P .M. -8:13 P .M.
In response to a question posed by Alderman Ray, Alderman Stroud stated
t ha t he estimates approximately $40,000.00 fo r matching f unds for
downtown improvements to business facades .
Mayor Swaim then answered that there have been discussions regarding
purchasing the building between the Mexican restaurant and Alexande r 's
office for extra parking. He stated t hat the owners have indicated that
they are planning to do repairs and make the building usable.
Mr . Jack Danielson suggested that the pavilion be used to house the
farmers market. He then noted that 50% of the new A& P monies are to be
used for the Parks Department.
APPOINTMENT (S) :
ANNOUNCEMENT ( S) :
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 8:13p .m . MOTION CARRIED .
Respectfully ,
11
r---.
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:
6 . WATER DEPARTMENT:
Regular City Council Meeting
November 1, 2007
7 :00p.m.
Regular City Council Meeting
October 18, 2007
Regular C ity Council Meeting
October 4 , 2007
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9 . POLICE DEPARTMENT: PRESENTATION : Identity Theft
Protection (Mayor Swaim)
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13. PLANNING COMMISSION :
14 . GENERAL: a . RESOLUTION 606 (#7-07)
Supporting Coach Joyner's
character standards program
(Mayor Swaim)
b. Request to renew Bui lding and
Contents Insu rance
(Mayor Swaim)
15 . APPOINTMENTS :
16 . ANNOUNCEMENTS : City Hall wi ll be closed November 1 ih
in observance of Veteran 's Day
ADJOURNMENT
PAGE
00 0 21 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2007
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 Regular
Session on November 1, 2007 at the regular meeting place of the Council .
Alderman Stroud delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen: Elliott, Smith, McCleary , Sansing, Ray , Rinker,
Stroud, and Twitty answered roll call. Mayor Swaim also answered ROL L CALL
declaring a quorum. PRESENT e i ght (8), ABSENT (2). Aldermen Fletcher and
Howard were absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Kathryn Jezwinski , Director of Administration Jay Whisker, Public
Works Director Jim Oakley , Human Resource Direct or Jill Fourqurean,
Finance Manager Cheryl Erkel , Parks and Recreation Director George Biggs,
CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Police Chief
Robert Baker, interested citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regu lar City Council meeting o f
October 18, 2007 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 Alde rman Sansing that the minutes of
the Regular City Council Meeting of 4 October 2007 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT : PRESENTATION Identity Theft Protection
Mayor Swaim stated that regarding da i ly revi ew of the police reports h e
has noticed that credi t card and identity theft has become increasingly
more prevalent. He related that he had asked Chief Baker to prepare
information t o help educate the public regardi ng self-protection .
Ch ie f Baker related that a majority of the collected information was
provided by the Fede ral Trade Commission, presenting the City Council
with an outline of that information.
He expla ined that in the past five years there have been 2 7 million cases
reported in the United States, adding tha t la s t year there were 10
million cases alone. He stated that statistics prove that ide nti ty t heft
i s one o f the fastest growing crimes in America today. He no t ed that the
Federal Trade Commission has Arkansas r anked 3 2nd with a report ed 4 7 . 5
victims per every 10 0 ,000 State residents .
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2007
7 :00 P .M. -7:16 P.M.
He reviewed the statistics fo r Ja cksonvill e January 07 ' through October
07 ' , say ing that Credit Ca rd The ft /Fraudulent Use & Theft o f
Ch ecks/Forgeries there were 63 reported cas es , 29 ca se s were cleared and
6 cases are current ly ongoing. He related that 142 cases were opened
regarding Counterfeit Cu rrency /Checks /Mone y Orders , 90 of those were
cleared and 15 are still open . He s t ated that Fraud Th eft by
Deception/Closed Accoun ts , 7 case s were opened , 1 case cleared. He
stated that Internet Transactions is one of the latest types of identity
theft , noting that there have b een 14 cases opened . He then added that
the Jacksonville Police Department is un abl e to work the Internet cases
because many originate from Nigeria , Canada , and even Las Vegas .
He rela t ed that 50 % of identity t he fts are victims o f Credit Card fr aud ,
he stated that credit card holders should make s ure they have the
identifying numbers and a number to r ep ort lost or stolen cards . He then
stated that bank debit ca rds are easily used by a thief . He noted that
in 26% of cases the v i ctim knew the thief , adding that i n 9% of reported
cases it turns out to be a f am i ly member a nd 6% of victims said the thief
wa s someone who worked with t h em.
He recommended that once credit car d statements have been verified, the
statements should be destroyed preferably by being shred . He con tinued
saying tha t it is becoming more common for thieves who break and enter to
steal checks . He then cautioned Internet users to be careful about
posting personal informatio n on unfamiliar sites . He stated that if
anyone has an issue they can contact the federa l Trade Commission at
their toll fr ee n umber 1 -877 -ID THEFT (438-4338) or go to their website
at www.consumer.government/idtheft . He t hen recommended t hat people
contact one of the three agencies that can provide a credit report .
Credit reports can be ordered through www .AnnualCreditReport.com .
Telephone numbers for t he three credit agencies are Equifa x 888 -766 -0008,
Exp erian 888-397 -3742 , and TransUnion 800-916-8800 . He recommended
photocopying docum ent s that you carry in yo ur purs e o r wa l let so you c an
give those numbers to the Police Department and contact your credit card
companies .
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL: a. RESOLUTION 606 (#7-07)
A RESOLUTION SUPPORTING COACH JOYNER'S CHARACTER STANDARDS PROGRAM FOR
JACKSONVILLE HIGH SCHOOL BASKETBALL ATHLETICS ; AND , FOR OTHER PURPOSES.
Mayor Swaim noted that Alderman Howard is the sponsor for the i tern of
busin ess but is not present to add ress . He asked Alderman Stroud to
address the purpose of Reso l ut i on 606 on beha l f of Alderman Howard .
2
0 00 :L14.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2007
7:00 P.M . - 7 :16 P.M .
Alderman Stroud commended Alderman Howard for his recognition of Coach
Joyner 's Character Standards Program at Jacksonville High School. He
stated his support of the program , explainin g that most teachers feel
that discipline is the n umbe r one problem in schools. He then noted that
on TV several o f Coach Joyner 's basketball players have spoken in suppor t
of the program , adding that he feels Coach Joyner deserves the support of
the City Council.
Alderman Smith added that Coach Jerry Wilson has spoken i n support o f t he
program, explaining that wh en players are off the field they should
exhibit good character and perform s cholastically.
Alderman Ray moved , seconded by Alderman Stroud to read Resolution 606.
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Resolution 606.
Alderman Ray moved, seconded by Alderman Stroud to approve Resolution 606
in its entirety . MOTION CARRIED .
b . Request to renew Building and Contents Insurance
Finance Director Paul Mushrush re lated that the building and contents
insurance for the City of Jacksonville would expire next week, adding
that he i s requesting he be allowed to renew that coverage . He explained
that currently the City has coverage through Hanove r, complimenting the
Comp any and saying that h e re ceived the quotes th r o ugh Gallagher to
create a comp etitive environment for coverage . He stated that the City
would carry $30 ,569 ,000 in buildings and contents coverage . He sta t ed
that the l ow quote is from Hanover in the amount of $32 ,086 .00, which is
a renewable policy. He then noted tha t this quote i s approx i mately
$4 ,000 less than last year , explaining the reason as being a close
management of risk and the l oses of buildi ngs and materials. He t hen
added that rat e s have become very competitive .
Alderman Smith moved , seconded by Alderman Stroud to approve the renewal
of the buildings and contents insurance policy as requested. MOTION
CARRIED.
Mayor Swaim noted that i t is a budgeted item .
Rescheduling of the next regularly scheduled City Council meeting.
Mayor Swaim exp l ai ned tha t given t he recent time away from work regarding
medical issues experienced by Finance Director
Mus h rush is requesting t h at t he City Counc il
regularly scheduled Ci ty Counci l meeting to a l low
Paul Mushrush , Mr .
reschedule the next
him a sli ght e xtension
to complete the 200 8 budget for presentat i on .
3
CITY OF JACKSONVILLE
nJn0 1 r-u: U ,<, ;:)
REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2007
7 :00 P .M. - 7 :16 P .M.
Alderman Stroud moved, seconded by Alderman Ray to reschedule the
regularly sch eduled City Council meeting from November 15t h to Novembe r
29th at the same appointed time and meeting place . MOTION CARRIED .
APPOINTMENT ( S) :
ANNOUNCEMENT ( S) :
ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at
approximately 7 :16p .m . MOTION CARRIED .
Respect fully ,
~
~=&~~ MAYOR T ~ SWAIM~
4
CJOl1 6
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
November 29, 2007 7:00 p.m .
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Eng inee ring 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 . PLANN ING COMMISSION :
14. GENERAL: a.
Regular City Council Meeting
November 1, 2007
Regular City Council Meeting
October 20 , 2007
Regular Monthly Report/October
Mayor Swaim
Regular Monthly Report/October
Fire Chief John Vanderhoof
Regular Monthly Report/October
Police Chief Robert Baker
Regular Monthly Report/October
Public Works Director Jim Oakley
RESOLUTION 607 (#8-07) Authorizing
a contract of obligation with Arkansas
Department of Environmental Quality.
(Mayor Swaim)
b. PRESENTATION of President's Circle
Awa rd to the Keep Jacksonville Beautiful
affiliate. (Alderman Stroud)
c . DISCUSSION : Mr. Jon Raud regarding
Northbelt Freeway & Northlake Subdivision
(Alderman Stroud)
d. Set public hearing regarding Pathfinder
PAGE
bond issue for December 6, 2007 at 7:00p.m.
(Mayor Swaim)
-sity Council A G E N D A continued :
~ovember 29 , 2007
GENERAL continued :
e.
f .
g.
h .
i.
15 . APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
ORDINANCE 1325 (24-07) Creating &
certifying annual tax liens for 2007
(Mayor Swaim)
Approval of the CDBG Citizen 's Participation
Plan (Mayor Swaim) (included in packet)
() ·0 0 " -· '17 U , !-., .:. I
Approval of CDBG updated HUD policy and
procedure (Mayor Swaim) (included in packet)
ORDINANCE 1326 (#25-07) Question to
annex certain contiguous territory in Pulaski
County (full City Council sponsorship)
PRESENTATION : 2008 draft budget
(Mayor Swaim) (available at meeting)
JACKSONVILLE WATER COMMISSION
Appointment of Dr. James Bolden to serve
the unexpired term of Gordon Koops for a
term to expire 4/20/2009
Ql0~1 B
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 29 , 2007
7 :00 P .M. - 7 :26 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 29 , 2007 at the regular meeting place of t he Council.
Alderman Stroud delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott , Smith , McCleary, 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
Sansing was out of town .
Others present for the meeting were: City Attorney Robert Bamburg , Deputy
Clerk Kathryn Jezwinski, Director of Administration Jay Whisker , Pub l ic
Works Director Jim Oakley, Human Resource Di rector Jil l Fourqurean ,
Finance Director Paul Mushrush , Parks and Recreation Director Geo rge
Biggs , CDBG Direct or Theresa Watson, Fire Ch ief John Vanderhoof , Pol i ce
Chief Robert Baker, interested citizens, and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Council meeting of
November 1 , 2007 for approval and/or correction at the next regular ly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 20 October 2007 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Stroud to approve the
Regular Monthly Repo r t fo r October 2007. Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
30
14
435
22
153
0
Property Maint . Letters 54
Cost for February $ 933 .00
Demolitions 0
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
78
42
84
54
30
7
0
0
CITY OF JACKSONVILLE 000219
REGULAR CITY COUNCIL MEETING
NOVEMBER 29, 2007
7 :00 P.M . - 7 :26 P .M.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Stroud to approve the Regu l ar
Monthly Report for October 2007 f rom the Jacksonville Fire Department ,
which reflects a fire loss of $1 ,600 and a savings total of $28 ,400.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular
Monthly Report for October 2007 . Report reflects the Total Value of
Reported Stolen Property $88 ,371. Total Value of Recovered Stolen Property
$25 ,366 and Total Report Sal es $1 ,046.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Stroud to
Regular Monthly Animal Control Report for October 2007.
reflects:
ADOPTION/FINES :
CONTRIBU T IONS:
TOTAL:
$2,112.50
$ 0.00
$2,112.50
approve the
Said report
ROLL CALL : Aldermen: Elliott, Smith,
Stroud , Twitty , and Howard voted AYE .
McCleary, Ray,
MOTION CARRIED .
Rinker, Fletcher ,
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL : a . RESOLUTION 607 (#8-08)
A RESOLUTION AUTHORIZING THE CITY OF JACKSONVILLE TO ENTER INTO A
CONTRACT OF OBLIGATION WITH THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL
QUALITY ; AND , FOR OTHER PURPOSES .
Mayor Swaim explained that Resolution 607 i nvolves a contract of
obl igation with the Arkansas Department of Environmental Quality
regarding the c los u re of the mulching o peration, adding that a b ond or
set-aside funds are required. He noted that if the closure is not
pe rformed properly then the ADEQ would withhold funds from the State
tu rnback .
Alderman Ray moved, seconded by Alderman Howard to read Resolution 607
(#8-07). MOTION CARRIED .
Alderman Ray moved , seconded by Alderman Stroud to approve Resolution 607
(#8-07) in its entirety . MOTION CARRIED.
2
OJ0220
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 29, 2007
7 :00 P .M. - 7 :26P.M.
b. PRESENTATION of Pre sident's Circle Awarded to the Keep Jacksonville
Beautiful affiliate
Alderman Stroud related that it took approximately two years to have the
Keep Jacksonville Beautiful affiliate operational , recognizing the
efforts of Mr . Ron Newport and Public Works Director Jim Oakley. He
recognized the accomplishments of the Committee and i ntroduced Mr . Bob
Phelps, representative of the Keep Arkansas Beautiful and Keep America
Beautiful organizations .
Mr . Phelps related the significance of the Keep Jacksonville Beautiful
Committee, explaining that Keep America Beautiful is the Nat ion 's
preeminent community imp rovement organization for over 53 years , addi n g
that they have been helping communities through grass -root o rganizat i ons .
He stated that a group of Jacksonville citizens recognized that through a
cleaner more beautiful environment the City would prosper. He related
that he has watched the progress of Keep Jac k sonville Beautiful from t h e
beginning and is very excited about the development and accomplishments
of the affiliate .
He presented Mayor Swaim and Mr. Ron Newport with the President 's Circle
Award on behalf of Keep America Beautiful.
He then explained that Keep America Beautiful has approximately 55 0
affiliates across the Nation. He added that the top percentage of those
are the ones that reach the President 's Circle , meaning that the
community has complied with every criteria t hat Keep America Beautiful
requires.
Mr . Phelps recognized Mayor Swaim's vital support i n making Keep
Jacksonville Be autiful a reality along with the positive efforts of Mr.
Newport and the Committee .
Mayor Swaim reco gnized efforts of the Committee and volunteers who have
given of their time and money to ensure the success o f Keep Jacksonville
Beautiful.
c. Discussion of Northbelt Freeway & Northlake Subdivision
Alderman Stroud introduced Mr. Jon Raub, a resident of the Northl a ke
Subdivision requesting to address the City Council with concerns
regarding the chosen route for the Northbelt Freeway .
Mr. Raub informed the City Council that he had 215 r esidents of the
Northlake Subdivision sign a petition against the Northbelt Freeway . He
read the heading of the petition , "We oppose the construction of any
interstate through Northlake Subdivision of Jacksonville, Arkansas .
Construction of intersection through Northlake would destroy critical
watersheds and wildlife habitat that sustain wilderness areas. Extremely
high cos ts of such a highway would not result i n economical benefits,
3
0.]02 .21
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 29, 2007
7 :0 0 P.M . - 7 :26 P.M .
contrary , it would displace Northlake residents and/or ruin the quality
of the tranquil life, which many Northlake residents choose to retire to.
I was informed the tax r eve nue from Northlake lakefront property homes
are comparable to lake front property homes north of North Little Rock ,
the expansion of Northlake property waterfront homes is currentl y under
construction. The Northbelt Freeway was to be put through the Nor thla ke
Subdivision, it is possible that the lakefront property taxes being
lost ."
He surmised that a highway through Northlake would reduce the potential
tax revenue or be lost. He added that it would create more traffic
accidents because of the increase of vehicles in certain areas . He
s tated that he has viewed the proposed deve l opment plans for the
lakefront homes , saying that there are not too many lakefront properties
available anymore.
In response to a question posed by Alderman Stroud, Mr. Raub stated that
he would propose that the i nterstate be rerouted from Highway 89 through
Camp Robinson. He explained that it is a longer route but feels it would
be better than the shortcut , which would create more traffic problems.
He r elated that he had written a letter to the Was h ington D.C. National
Transportation Department offer ing an alternate route using the existing
Highway 89 coming between 0-Pull It auto parts for Cabot and surrounding
areas to alleviate the traffic pr oblem. He stated that the alternative
route would cost more but is a long-term solution to the traffic problem.
In response to a question posed by Alderman Smith , Mr. Raub stated that
Mr. Dupree, deve l oper of the Northlake Subdivision, did not like the
current proposal. He stated that i n his opinion if the Freeway goes in ,
Mr. Dupree might not be able to sell his property and that would result
in lost taxes rega rding lake fro nt property . He then a ns wered that the
current route would come within a few blocks of his residence. He stated
that Sherwood hire d an attorney t o have the route pushed toward
Jacksonville, adding that he had heard that in years past the money to
put the Highway through Sherwood was spent and now the Highway Department
is proposing to make Jacksonville take a financial loss .
Mayor Swaim noted that Mr. Dup ree , as developer of the Legacy Development
would like the Freeway to go through the area , only slightly further to
the south. He noted that Mr. Dupree has been before the City Council to
request passage of a Resolution encouraging the constructi o n of the
Freeway . He stated that this was a topic in a recent meeting with the
Highway Commissioners , explaining that the request has been to move the
Freeway as far from Northlake as possible, ideally in-between Northlake
and Indianhead Lake. He added that the Hi ghway Commission has said they
would do their best to comply with that request. He then clarified t hat
the curre nt route does not demolish any area homes , noting that the City
of Jacksonville does not assess a real estate tax for City opera t ions , so
it would not generate income for City operations regarding new
construction .
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 29, 2007
7 :00 P.M . -7:26 P.M.
Discussion ensued and Mayor Swaim stated that it is his understanding
that Mr. Dupree may not agree with the exact route but does not want the
Freeway moved to Highway 89.
Alderman Stroud stated that he had spoken with Mr. Dupree yesterday ,
saying that Mr. Dupree wants the route moved a little further to the
south and west but definitely wants the Freeway in the proposed general
area because it will improve his property in the long run .
Alderman Fletcher stated that funding would be the final determining
factor, noting that the Hi ghway Department had proposed a tol l road to
help with fun ding . He added that he did not feel the Highway Department
would ignore funding issues.
Mayor Swaim reported that there has never been appropriated f u nding for
the portion from Highway 67 to Crysta l Hill, adding that secured fun ding
cannot be appropriated unti l the specific route is designated.
d . Set public hearing regarding Pathfinder Bond Issue
Alderman Elliott moved, seconded by Alderman Ray to set a public hearing
at the regularly scheduled City Council meeting of December 6, 2007 at
7 :00 p.m. MOTION CARRIED .
e. ORDINANCE 1325 (#24-07)
AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT
VARIOUS LOCATION WITHIN THE CITY OF JACKSONVILLE , ARKANSAS FOR BALANCE
DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY ; AND , FOR
OTHER PURPOSES .
Mayor Swaim related that the liens involve cleanup and other services
performed by the Ci ty , adding that Ordi nance 1325 wil l allow for those
liens to be added to property taxes.
Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1325
be placed on FIRST READING . ROLL CALL: Alderman Elliott , Smith,
McCleary, Ray , Rin k e r, Fletcher , Stroud , Twitty , and Howard voted AYE.
NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1 325.
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1325 be
APPROVED on FIRST READING. ROLL CALL: Alde r man Elliott , Sm i th , McCleary ,
Ray , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alde r man Smith moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1325 on SECOND READING. ROLL CALL: Al derman E l liott,
Smith , McCleary , Ray , Rinker , Fletcher , Stroud, Tw i tty , and Howard voted
AY E . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading o f Ordinance 1325 .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 29 , 2007
7 :00 P .M. - 7 :26 P .M.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1325 o n THIRD and FINAL READING . ROLL CALL:
Alderman Elliott , Smith , McCleary , Ray , Rinker , F letcher , Stroud , Twi t ty ,
and Howard voted AY E . NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordi nance 1325 .
Alderman Stroud moved, seconded by Alderman Howa rd that Ordina n ce 1325 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith, McCleary , Ray ,
Rinker , Flet cher , S tr oud , Tw itty , and Howard voted AYE . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1325 THIS 29th DAY OF NOVEMBER
2007 .
f . Approval of the CDBG Citizen's Parti cipation Plan
Alderman Ray commend e d t he report and the photography.
Alderman Ray moved , seconded by Alderman McCleary to approve the CDBG
Citizen's Participation Plan . MOTION CARRIED .
g. Approval of the CDBG updated HUD policy and procedures
Alderman Smi th complimen t ed the thorough deta il of the report.
Alderman Smith moved, seconded by Alderman Stroud to approve the CDBG
updated HUD policy and procedures . MOTION CARRIED.
h. ORDINANCE 1326 (#25-07)
AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE,
ARKANSAS , AND OTHER AFFECTED PERSONS, THE QUESTION OF ANNEXATION TO THE
CITY OF JACKSONVILLE , ARKANSAS, CERTAIN CONTIGUOUS TERRITORY ; DECLARING
AN EMERGENC Y; AND, FOR OTHER PURPOSES.
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1326 be
placed on FIRST READING . ROLL CALL : Alderman Ell i ott , Smith , McCleary ,
Ray , Rinker, Fletcher, Stroud , Twitty , and Howard voted AYE. NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1 326 .
Alderman Fletcher moved , seconded by Alderman McCleary that Ordinance
1326 be APPROVED on FIRST READING. ROLL CALL : Alderman Elliott , Smith ,
McCleary ,
NAY (0 ) .
Ray, Rinker , Fletcher,
MOTION CARRIED.
Stroud , Twi tty , and Howard voted AY E.
Alderman Stroud moved , s econded by Alderman Howard to suspend the rules
a nd place Ordinance 1326 on SECOND READING . ROLL CALL : Alde r man Ell iott ,
Sm i th , McCleary , Ray, Rinker, Fletcher , Stroud, Tw i tty , and Howa r d voted
AY E . NAY (0). MOTION CARRIED. Wher e upon City Attorney Bamburg read the
headi ng of Ordinanc e 1326.
6
CQC2 24
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 29 , 2007
7 :00 P .M. - 7 :26 P .M.
Alderman Stroud moved , se c onded by Alderman Howard to f u rther suspend the
r ules and place Ordinance 132 6 on THIRD and FINAL READING . RO LL CALL :
Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletche r , Stroud , Twitty ,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whe r eup on Ci t y Attorney
Bamburg read the h eading of Ordi nance 1326 .
Alderman Sm i th moved, seco nded by Alderman McC l e ary that Ordinance 132 6
be APPROVED AND ADOPT ED . ROLL CALL : Alderman E lliott , Smith, McCleary,
Ray, Ri nker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY ( 0) .
MOTION CARRIED .
Alderman Fletcher moved , seconded by Alderman Ray that the EMERGENCY
CLAUSE be APPROVED AND ADOPTED . ROLL CALL : Al derman El liott, Smith ,
McCleary ,
NAY {0).
Ray , Rinker, Fletcher,
MOTION CARRIED .
Stroud, Twi t ty, and Howard voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1326 THIS 2 9 th DAY OF NOVEMBER
2 007 .
i . PRESENTATION 2008 draft budget
Mayor Swaim asked the City Council t o review the draft budget and be
prepared for discussion a t the regula rly schedu le d Ci ty Council meeting
of December 22 , 2007 .
APPOINTMENT(S}: JACK SONVILLE WATER COMMISSION/Or . James Bolden
Alderman Smith moved , seconded by Al derman Str oud to approv e the
appointment of Dr . James Bolden to serv e the unexpi red term of Gordon
Koops for a term to expire 4/20/2009. MOTION CARRIED .
ANNOUNCEMENT ( S} :
Mayor Swaim reminded the City Co u nc i l that the 14th o f De cember i s the
deadline for early registration f or the Arka nsas Municipal League Wi nter
Confere nc e held in Little Rock.
He announced that t h e annual Christmas Parade would be held Sa t urday,
December 1st a t 1 :00 p .m.
He then announce d the dedication o f marke rs regardi n g the Civ i l War Trail
that will begi n a t 11 :00 a.m. December 1st.
ADJOURNMENT: Without o bjection, Mayor Swaim adjourned the meeting at
approximately 7 :26p .m . MOTION CARRIED .
Re spectfully ,
7
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
December 6, 2007 7:00 p.m.
1. OPENING PRAYER :
2 . ROLL CALL :
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
Engineering Department:
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC. DEPT :
13 . PLANNING COMMISSION:
14. GENERAL: PUBLIC HEARING
7:00p.m.
15 . APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
a .
Regular City Council Meeting
November 29, 2007
Regular City Council Meeting
November 1, 2007
Regular Monthly Report/November
Mayor Swaim
ORDINANCE 1328 (#27-07)
Waiving Competitive Bidding/Fire
protective gear (turnouts) (Mayor Swaim)
b . ORDINANCE 1327 (#28-07) Creating
JMC § 8 .18 providing restrictions
a.
for novelty lighters (Mayor Swaim)
ORDINANCE 1329 (#28-07)
Reclassifying property in the 400 block
of North First Street (Mayor Swaim)
b . ORDINANCE 1330 (#29 -07)
Reclassifying property at the intersection
of South Oak and South First Streets
(Mayor Swaim)
ORDINANCE 1331 (#30-07) Approving
issuance of revenue bonds for Health
Care Facilities Board (Mayor Swaim)
PAGE
Recommendation to reappoint Mark Wilson
CALS Board of Trustees expiring 12/31/2010
City Hall Christmas Open House
Dece mb e r 14th from 11 :30 a.m. to 2 :00p.m.
--------·---
C.J !".'"' ,..! G . ·~· (_ . ~) CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2007
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 Decembe r 6, 2007 a t the re g ular meeting place of t he Counci l .
Alderman Ray delivered the invoca tion and Vice Mayor Fle t c h er led a
standing audience in the "Pledge o f Al legi ance" to t h e f l a g .
ROLL CALL : Aldermen: Elliott , Smith , McCleary , Ra y , Ri n ker, St rou d , and
Howa r d answered roll call . Vice Mayor Fle t cher a l so answe red ROL L CALL
declaring a quorum . PRE SENT seven (7), ABSENT (3). Aldermen Sansing,
Twitty and Mayor Sw aim were out o f town.
Others present for the meeting were: Ci ty Att orney Robert Bamburg , Deputy
Cler k Kathryn Jezwinski , Director of Administrat i o n Jay Wh i sker, Public
Works Direct or Jim Oakley , Finance Direct or Pau l Mushrush , Finance
Manager Cheryl Erkel , CD BG Di rector Theresa Watson, Fi re Chief John
Vande rhoo f, Battalion Chi e f Kendall Snyder , Police Chief Robert Baker ,
Tomm y Dupree , Pa t O'Brien, interested citi ze n s and members of the p r ess .
PRESENTATION OF MINUT ES :
Vi ce Mayor Fletcher presented the minutes of the regu l ar Ci t y Co u nci l
meeting of November 29 , 2007 for a pp roval and /or correction at the next
regularly scheduled City Council meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 1 November 2007 be APPROVED . MOTION
CARRIED .
7:00 Public Hearing
ORDINANCE 1331 (#30-0 7)
AN ORDINANCE AMENDING JAC KSONVILLE ORDINANCE NO . 1317 (#16-07) APPROVING
THE ISSUANCE OF REVENUE BONDS BY THE CITY OF JACKSONVILLE , ARKANSAS
HEALTH CARE (DEVELOPMENTALLY DISABLED) FACILITIES BOARD ; DECLARING AN
EMERGENCY ; AND , PRESCRIBING OTHER MATTERS RELATING THERETO.
Vice Mayor Fletcher o pened the public hearing at approximately 7:00 p .m.
Ci ty Attorney Bamburg related that Path fi nders has i ncorpo r ated revi sions
to their expansion plan regarding the new building and the existing
bui lding. He explained that b ecause of modifications to t he plan, the
Ci t y Council would need to ado pt a revised ordinance on behalf of
Pa thfi nde rs. He clarified that only one bond i ssue is b e i ng proposed
regarding the project.
Pathfi nde r's Director Mr . Mike McCreight exp l a i ned that orig inally t hey
had proposed to add a second f l oor to the skil ls train i ng b u ilding but
a r chite cts determined that i t would be more cost ef fi c i ent to add an
annex to the building . He explained that t h e annex would be the same
p r oposed square footage and utilized for the same intended purpose .
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2007
7 :00 P.M. -7:25 P .M.
Vice Mayor Fletcher closed the public hearing at approximately 7:04 p.m .
Alderman Smith moved , secon ded by Alderman Stroud that Ordinance 1331 be
placed on FIRST READING. ROLL CALL: Alderman Elliott , Smith , McCleary ,
Ray , Rinker , Stroud, and Howard voted AYE. NAY ( 0) . MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1331 .
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1331 be
APPROVED on FIRST READING . ROLL CALL : Al d erman Elliott , Smith , McCleary ,
Ray, Rinker , Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED .
Alderman Ray moved , seconded by Alderman McC l eary to suspend the rules
and place Ordinance 1331 on SECOND READING . ROLL CALL : Al derman Elliott ,
Smith , McCleary, Ray , Rinker, Stroud , and Howard voted AYE . NAY ( 0) .
MOTION CARRIED . Whereupon City Atto r ney Bamburg read the heading of
Ordinance 1331 .
Alderman Ray moved , secon ded by Alderman McCleary to furt h er suspend the
rules and place Or d inance 1331 on THIRD and FINAL READING . ROLL CALL :
Al derman Elliott , Smith , McCleary , Ray, Rinker , Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1331 .
Alderman Ray moved , secon ded by Alderman McCleary that Ordinance 1331 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott , Smith , McCleary , Ray ,
Rinker , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Ray that the EMERGENCY
CLAUSE b e approved a nd adopted. ROLL CALL: Alderman Elliott , Sm ith ,
McCleary , Ray , Rinker, Stroud, and Howard voted AYE. NAY ( 0) . MOTION
CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1331 THIS 6 t h DAY OF DECEMBER
2007.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alde rman Smith mo ved , seconded by Alderman McCleary to approve the
Regular Monthly Report for November 2007. Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
27
8
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
2
71
30
75
56
UNSIGHTLY & UNSANITARY
Grass Letters
Prope rty Mowed
Trash Letters
Trash Removal
11
51
185
3
Property Maint. Letters 15
Cost for February $2 ,411 .72
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M . - 7 :25 P .M.
VEHICLES
Not i ce of Noncompliance
Towed
CONDEMNAT I ONS
Structural Maint. Letters
Structural Repairs Made
17
2
0
0
ROLL CALL: Aldermen: Elliott , Smith , McCleary , Ray , Rinker , Stroud , and
Howard voted AYE . MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT : a. ORDINANCE 1328 (#27-0 7 )
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS FOR THE PURPOSE OF PURCHASING NEW FIRE PROTECTIVE GEAR
(TURNOUTS) FOR THE JACKSONVILLE FIRE DEPARTMENT; DECLARING AN EMERGENCY ;
AND , FOR OTHER PURPOSES.
Chief Vanderhoof related that several years ago the Fire Department
determi ne d a fter continuous research that Casco Indus t ries, Inc . is the
best and so le source. He r elated that Casco is located in Little Rock
and is the only supplier withou t going out of State . He explained t h e
expenditure fo r new turnouts would exceed the ten thousan d dollar
r e quirement for Ci ty Council approva l , adding t hat the Fire De partment is
requesting waiving of b i d to purchase the new equipment .
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1328 be
placed on FIRST READ I NG. ROLL CALL : Alderman Ell iott , Smith , McCleary ,
Ray , Rinker, S tr oud, and Howar d voted AYE . NAY ( 0) . MOTION CARRIED .
Whereupon City Attorney Bamburg re a d the hea ding of Ordinance 1328 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1328 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Smith , McC leary ,
Ray, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Or dinance 1328 on SECOND READING . ROLL CALL: Al de rman Elliott,
Smith, McCleary , Ray , Rinker, Stroud, and Howard vo ted AYE . NAY ( 0) .
MOTION CARRIED . Whereupon City Attorney Bambu rg read the heading of
Ordinance 1328 .
Alderman Ray moved, seconded by Alderman McCleary to f urther suspend t he
rules and place Ordinance 1328 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott, Smi t h , McCleary , Ray , Rinker, S t roud, and Howard voted
AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamb u rg read the
h eading of Ordinance 1328.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2007
7 :00 P .M. - 7 :25 P .M.
Alderman Ray moved , seconded by Alderman Str o ud that Ordinance 1 328 be
APPROVED AND ADOPTED. ROLL CALL : Al derman Elliott, Smi t h, McCleary, Ray ,
Rinker , Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED.
Alderman Smith moved , seconded by Alde r ma n Ray t hat the EMERGENCY CLAUSE
be approved and adopted. ROLL CALL : Alderman Elliot t, Smith, Mc Cl e ary ,
Ray , Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1328 THIS 6 th DAY OF DECEMBER
2007 .
b . ORDINANCE 1327 (#26-07)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §8 .18 PROVIDING
RESTRICTIONS FOR NOVELTY LIGHTERS; DECLARING AN EMERGENCY ; AND FOR OTHER
PURPOSES.
Alderman Howard stated that the ordinance is being proposed as a result
of potential deaths to small children, noting that even the State o f
Arkansas has exper ien ced this tragedy. He added that many of the
surrounding communities have already adopted r es tr i ctions regarding the
sale of novelty l ighters.
Fire Chief Vander h oof expla ined that a fire prevention division was
created at the beginning of the year , consisting o f Battali on Chief
Snyder, Fire Marsha ll Mike Wi l liams , and Rober t Walls as the fire
prevention educator. He introduced Firefighter Robert Walls for the
presentation.
Firefighter Robe r t Walls passed examples of no v e l ty lighters to the City
Council , explaining that two Russ e ll vil l e toddlers lost their lives in
September as a result of playing with a novelty lighter. He noted that
No r t h Li t tle Rock was the third city in the Coun t ry and the first in the
State to adopt a ban on the sale of novelty lighters , adding that
Sherwood , Searcy , Benton , Bryant , Pine Blu ff , Harrison and Te x ar k a n a have
fo l lowed suit . He read the defin iti on of a novelty lighter "as being a
l ighte r that has enterta ining audio , visual effect s or that depicts
logo 's , decals , artwork , or res emb les in a ny physical fo rm or function
articles commonly recognized as appea l i n g to or intended for use by
chi ldr en , 10 years of age or younger. This includes but is not limited
to lighters that depict or resemble cartoon c h aracters , toys, g uns ,
watches , mus i cal instruments , vehic l es , toy animals , food, beverages or
that play musical notes , have flashing l ights or have other entertaining
featu r es ." He explained that a novelty lighter may operate on any fuel,
includ ing butane or l i quid fuel. He stated that in his research he has
l ea r ned that eve r y tobacco store in the City is current l y s e lling novelty
light ers ; a lot o f the gas stations , as wel l as Wal-Mart and Fred 's
Discount Store sell novelty lighters . He explained that it i s difficult
to discern that these lighters are not chi l dren 's toys , adding that the
novelty lighters seem to attract the atte n tio n of c h i l d r en .
4
OJ0230
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2007
7 :00 P .M. - 7 :25 P.M .
Alderman smith moved , seconded by Alderman McCleary that Ordinance 1327
be placed on FIRST READING . ROLL CALL: Alderman Elliott, Smith,
McCleary, Ray, Rinker, Stroud , and Howard voted AYE . NA Y (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1327 .
Alderman Ray moved , seconded by Alderman McCleary that Ordinance 1327 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Smith, McCleary,
Ray , Rinker , Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved , seconded by Alderman McCleary to suspend the rules
and place Or dinance 1327 on SECOND READING. ROLL CALL : Alderman Elliott,
Smith, McCleary , Ray, Rinker, Stroud , and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1327 .
Alderman Ray moved , seconded by Alderman McCleary to further suspend the
rules and place Ordinance 1327 on THIRD and FINAL READING . ROLL CALL:
Alderman Elliott , Smith , McCleary, Ray , Ri nker , Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1327.
Alderman Elliott moved , seconded by Alderman McCleary that Ordi nance 1327
be APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith , McCleary ,
Ray , Ri nker , Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED .
Alderman Elliott moved , seconded by Alderman Ray t hat the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL: Alderman El lio t t , Smith ,
McC l eary, Ray, Rinker , Stroud , and Howard voted AYE. NAY ( 0) . MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1327 THIS 6 th DAY OF DECEMBER
2007.
POLICE DEPARTMENT:
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION : a . ORDINANCE 1329 (#28-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY LOCATED IN THE FOUR HUNDRED BLOCK OF NORTH
FIRST STREET) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE
MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES .
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1329 be
placed on FIRST READING. ROLL CALL: Al derman Elliott, Sm ith , McCleary,
Ray , Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1 329.
5
CITY OF JACKSONVILLE
n l ·O ~" 4 \..' ·-. ~-· J ..l.
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. -7:25 P.M .
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1329 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith, McCleary ,
Ray , Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Ray moved , seconded by Alderman McCleary to suspend the rules
and place Ordinance 1 329 on SECOND READING . ROLL CALL: Alderman Elliott,
Smith, McCleary , Ray , Rinker, Stroud , and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinan ce 1329.
Alderman Ray moved , seconded by Alderman McCleary to further suspend the
rules and place Ordinance 1329 on THIRD and FINAL READING .
Discussion ensued regarding State Statute and Robe rt's Rules of Order
regarding the reading of ordinances.
ROLL CALL: Alderman Elliott,
Howard voted AYE. NAY ( 0) .
Smith , McC l eary ,
MOTION CARRIED.
Bamburg read the heading of Ordinance 1329.
Ray , Rinker , Stroud, and
Whereupon City Attorney
Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1329 be
APPROVED AND ADOPTED. ROLL CALL: Alde rman Elliott , Smith, McC leary, Ray ,
Rinker , Stroud, and Howard voted AYE. NAY (0 ). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1329 THIS 6 th DAY OF DECEMBER
2007.
b . ORDINANCE 1330 (#29-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY AT THE INTERSECTION OF SOUTH OAK STREET AND
SOUTH FIRST STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND
USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS; AND , FOR OTHER PURPOSES .
Alderman Ray moved , seconded by Alderman Stroud that Ordinance 1330 be
placed on FIRST READING . ROLL CALL: Alderman El liott, Smith, McCleary ,
Ray, Rinker, Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1330.
Alderman Ray moved , seconded by Alderman Smith that Ordinan ce 1330 be
APPROVED on FIRST READING.
Acting City Engineer Whisker answered that the property is being
requested to be rezoned f rom single-family to C-3 with a strip to the
rear on the east end of the property being rezoned to R-2. He noted that
the R-2 zoning is being offered as a buffer zone to the commercial
property.
Alderman Howard noted that Raney Street would be developed through to
South Oak as depicted by the Master Street Plan.
6
OJ (\f"\r:·'""
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2007
7 :00 P .M. - 7 :25 P.M.
ROLL CALL : Alderman Elliott , Smith, McCleary, Ray, Rinker, Stroud, and
Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1330 on SECOND READING . ROLL CALL : Alderman Elliott ,
Smith , McCleary, Ray, Rinker, Stroud , and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read t h e heading of
Ordinance 1330 .
Alderman Stroud moved , seconded by Alderman McC le ary to further suspend
the rules and place Ordinance 1330 on THIRD and FINAL READING . ROLL
CALL : Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard
voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read
the heading of Ordinance 1330 .
Alderman Howard moved , seconded by Alderman Ray that Ordinance 1330 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith, McCleary, Ray ,
Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1330 THIS 6th DAY OF DECEMBER
2 007.
GENERAL :
APPOINTMENT(S): CENTRAL ARKANSAS LIBRARY BOARD OF TRUSTEES
Alderman Smith moved , seconded by Alderman Elliott to approve the
reappointment of Mark Wilson to t he Central Arkansas Library Board of
Trustees for a term t o expire 12/31/2010. MOTION CARRIED.
ANNOUNCEMENT(S): Vice Mayor Fletcher en couraged everyone to attend the
December 14 t h City Hall Christmas Open House from 11 :30 a .m . to 2 :00 p .m .
ADJOURNMENT : Without objection , Ma y or Swaim adjourned t he meeting at
approx i mate l y 7:2 5p .m . MOTION CARRIED.
Respectfully ,
.. j::Ks
7
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
December 20 , 2007 7:00 p.m.
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA :
Police Department:
Animal Control :
Fire Department:
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
,........_ 9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT :
11. SANITATION DEPARTMENT:
12. PARKS & REC . DEPT:
13 . PLANNING COMMISSION:
14 . GENERAL:
15 . APPOINTMENTS :
16. ANNOUNCEMENTS :
Regular City Council Meeting
December 6, 2007
a.
Regular City Council Meeting
November 29, 2007
Regular Monthly Report/November
Police Chief Robert Baker
Regular Monthly Report/November
Public Works Director Jim Oakley
Regular Monthly Report/November
Fire Chief John Vanderhoof
Request to Accept Bid : Janitorial
Services (Mayor Swaim)
b. ORDINANCE 1332 (#31-07) Waiving
Competitive Bidding fo r the purchase
of computer software for Animal Shelter
(Mayor Swaim)
c . ORDINANCE 1333 (#32-07) Adopting
fiscal 2008 City budget (Mayor Swaim)
Informational meeting regarding Gravel
Ridge annexation January y!h 6 :30p.m.
First Baptist Church of Gravel Ridge
f")ln ,...,'='·1 •. . ' ...... v
City Hall w ill be closed December 24th and 251h
for Christmas and January 1st for New Year's Day
ADJOURNMENT
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 2 0, 2007
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 December 20 , 2007 at the regular meeting place of the Council .
Alderman Howard delivered the invocation and Mayor Swaim led a s t anding
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smith , McCleary , Sansing, Ray , Rinker,
Fletcher, Stroud , and Howard answered roll call . Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT ten (10), ABSEN T (0). Alderman
Tw itty arrived at approximately 7 :03 p.m.
Others present for the meeting were: City Attorney Robert Bamburg , Depu ty
Clerk Kathryn Jezwinski, Director of Administration Jay Whisker , Public
Works Director Jim Oakley , Finance Director Paul Mush r ush , Human Resource
Director Jill Fourqurean , Parks and Recreation Director George Biggs ,
CDBG Director Theresa Watson, Fire Chief John Vanderhoof , Pol i ce Chief
Robert Baker , 911 Director Brenda Skinner, Judy Swaim , Edith Smith, Jack
Danielson , Alfonso Nations, Larry Smith, Mi ke Lehman, Tommy Dupree,
interested c itizens and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the regular City Counci l meeting of
December 6, 2007 for approval and/or correction at the next regu l arly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith mo v ed, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 29 November 2007 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA :
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for November 2007. Report reflects the Total Value of
Reported Stolen Property $83,141 . Total Value of Recovered Stolen Property
-$7,879 and Total Report Sales $1,001.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for November 2007. Said report reflects:
ADOPTION/FINES: $1,800.00
CONTRIBUTIONS : $ 0 . 00
TOTAL: $1 ,800.00
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for November 2007 from the J ackson ville Fire Department ,
wh ich reflects a fire loss of $29 ,750 and a savings total of $373 ,2 5 0 .
1
ROLL CALL : Aldermen : Elliott, Smith,
Fletcher , Stroud , and Howard voted AYE .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT :
SANITATION DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION :
Cl n "r.-
CITY OF JACKSONVILLE ·~ ,J !--0 J
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2007
7:00 P .M. - 7 :14 P.M .
McCleary , Sansing ,
MOTION CARRIED .
Ray, Rinker ,
GENERAL : a . Request to Accept Bid for Janitorial Services
Mayor Swa i m n oted that it i s more economi cal to hire a jan i torial service
than to hire an emp l oyee , recommending that the bid meeting
specifications be accepted .
Alderman Stroud moved, seconded by Alderman Ray to reject bids not
meeting specifications and accept the bid from Bio Tech Services in the
amount of $4,284.45 . MOTION CARRIED.
b. ORDINANCE 1332 (#31-07)
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF COMPUTER
SOFTWARE SYSTEM FOR THE JACKSONVILLE ANIMAL SHELTER ; DECLARING AN
EMERGENCY ; AND , FOR OTHER PURPOSES .
Alderman Stroud moved , seconded by Alderman Sansing tha t Ordinance 1332
be placed on FIRST READING.
Pub lic Works Director Jim Oakley related that currently Microsoft Office
is being used , e xp l aining the need for a more specified software
application regarding Animal Control operat i ons . He related that other
animal control departments in the metropolitan area were researched
re g ardi ng spec i fic applications being used in operations for tracking
fines and managing data , adding that this software was the sole source to
address current operational needs .
ROLL CALL: Alderman Elliott, Sm i th , McCleary , Sansing , Ray , Rinker,
Fletcher , Stroud , Tw i tty , and Howard voted AYE . NAY ( 0) . MOTION
CARRIED . Whereupon Ci t y Attorney Bamburg r ead the heading of Ordi nance
1332 .
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1332 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Smith , McCleary ,
Sansing , Ray , Ri nker, Fletcher, Stroud , Twitty , and Howard voted AYE .
NAY (0). MOTION CARRIED.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 2 0 , 2007
7:00 P .M. -7:14 P .M.
Alderman Smith moved , seconded by Alderman Sansing to suspend the rules
and p la ce Ordinance 1332 on SECOND READING . ROLL CALL : Alde rman El liott ,
Smith , McCleary ,· Sansing , Ra y , Rinker , Fletcher , Stroud , Twitty, and
Howard voted AYE . NAY ( 0) . MOTION CARRIED . Wh ereupon City Attorney
Bamburg read the heading of Ordina nce 1332 .
Alderman Stroud moved, seconded by Alderman Ray to further suspend t h e
rules and place Ordinance 1 332 on THIRD and FINAL READING. ROLL CALL:
Alderma n Elliott , Smith , McCleary, Sansing , Ray , Rinker , Fletcher ,
Stroud , Twitty , and Howard voted AYE. NAY (0). MO T ION CARRIED . Whereupon
Ci t y Attorne y Bamb u rg read t he heading of Ordi nance 1 332 .
Alderman Stroud moved , seconded by Al de rman Howard t hat Ordinance 1332 be
APPROVED AND ADOPTED . ROLL CALL : Alderman E lliott , Smith, McC l eary ,
Sansing , Ray , Ri nker , Fletcher , Stroud, Twitty , and Howard voted AYE . NAY
(0) . MOTION CARRIED .
Alderman Smith moved, seconded by Alde r man Ray that the EMERGENCY CLAUSE
be approved and a dopted. ROLL CALL : Alderman Elliott , Smith , McCleary ,
Sansing , Ray , Rinker , Fletcher , Stroud, Tw itty, and Howard voted AYE . NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1332 THIS 20th DAY OF DECEMBER
2007.
c . ORDINANCE 1333 (#32-07)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2008 ; MAKING APPROPRIATIONS AND
AUTHORIZED EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY
GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND
SERVICES COVERING: GENERAL FUND OPERATIONS , STREET FUND , EMERGENCY
MEDICAL SERVICES FUND , AND SANITATION FUND ; DECLARING AN EMERGENCY ; AND,
FOR OTHER PURPOSES .
Mayor Swaim noted t h at t h ere were o nly mi n or changes from the draft
budget, pointing out that a supplement regarding the Capi tal Improvement
Plan has been provided.
Al derman Stroud moved, seconded by Al derman McCleary that Ordinance 1 333
be placed on FIRST READING . ROLL CALL : Alderman Ell i ott , Smith ,
McCleary , Sans ing, Ray, Rinker, Fletcher , Stroud , Twitty , and Howard
voted AYE. NAY ( 0) . MOTION CARRIED . Whe r eupon City Attor ney Bamburg
read the heading of Ordinance 1333.
Alderman Str oud moved , seconded by Alderman Howard that Ordinance 1333 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith , McCleary ,
Sansing , Ray, Rinker, Fletcher, Stroud , Twi tty , and Ho wa rd voted AYE .
NAY (0). MOTION CARRIED .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20 , 2 007
7 :00 P .M. - 7 :14 P .M.
Alderman Smith moved, seconded by Alderman McCleary to suspend the rules
and place Ordinance 1333 on SECOND READING. ROLL CALL: Alderman Ellio tt ,
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 1333.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1333 on THIRD and FINAL READING . ROLL CALL :
Alderman Elliott, Smith , McCleary, Sansing, Ray, Rinker , F l etcher ,
Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon
City Attorney Bamburg read the heading of Ord inance 1333.
Alderman Stroud moved, seconded by Alderman McC l eary that Ordinance 1333
be APPROVED AND ADOPTED . 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 t hat the EMERGENCY
CLAUSE be approved and adopted . ROLL CALL : Alderman El l iott, Smith,
McClea r y , Sansing , Ray, Rinker, F l etcher , Stroud , Twitty , and Howard
voted AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1333 THIS 20 th DAY OF DECEMBER
2007 .
APPOINTMENT(S):
ANNOUNCEMENT(S): Mayor Swaim e ncouraged attendance for the informational
meeting regarding Gravel Ridge annexation January 7th 6:30 p.m. at the
First Bapt ist Church of Gravel Ridge. He added that a second meeting is
being planned in Jacksonville to help d i sseminate information regarding
annexation issues .
ADJOURNMENT : Without objection , Mayor Swaim adjourned the meeting at
approximately 7:14p .m. MOTION CARRIED.
Respectfully ,
MAYOR TOMMY SWAIM
4