92 APR 16.docCITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
REGULAR CITY COUNCIL MEETING – CITY HALL - #1 INDUSTRIAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular Session on April 16, 1992 at the regular meeting place of the Council. Alderman Marshall Smith delivered the invocation
after which Mayor Swaim led the standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL:
Aldermen: Knight, Smith, Lewis, Ray, Wilson, and Williamson were present. Alderman Twitty came in at approximately 7:10 p.m. PRESENT, SEVEN (7), ABSENT, (3). Mayor Swaim also answered
ROLL CALL and declared a quorum and expressed appreciation for those in attendance.
Others present for the meeting were: City Attorney Robert E. Bamburg, City Engineer Duane Reel, Fire Chief Rick Ezell, Finance Director Paul Mushrush, Code Enforcement Officer
Wayne Cox, Sanitation Supervisor Billy Gilmore, Deputy City Clerk Susan Goings, other city employees, interested citizens, members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of April 2, 1992, for study and action at the next Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Wilson moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of March 19, 1992 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: FIRE DEPARTMENT: Regular Monthly Report/March 1992
Alderman Smith moved, seconded by Alderman Wilson that the regular monthly report for March 1992 from the Jacksonville Fire Department be APPROVED. Said report reflects an estimated
fire
loss of $3,650.00. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, and Williamson, voted AYE. NAY (0). Motion received six (6) affirmative votes, (0) negative votes. MOTION
CARRIED.
ANIMAL CONTROL DEPT: Regular Monthly Report/March 1992
Alderman Smith moved, seconded by Alderman Wilson that the regular monthly report for March 1992 from the Jacksonville Animal Control Department be APPROVED. Said report reflects Contributions
of $40.00, Adoptions/Fines, $952.00 and Security Deposits $300.00 for a total of $1,292.00. ROLL CALL: Alder
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
men: Knight, Smith, Lewis, Ray, Wilson, and Williamson, voted AYE. NAY (0). Motion received six (6) affirmative votes, (0) negative votes. MOTION CARRIED.
MUNICIPAL COURT (Probation Officer)
Alderman Smith moved, seconded by Alderman Wilson that the monthly report for March 1992 from Probation Officer Mike Mahone be APPROVED. Said report reflects cases for the month ending
February 28, 1992 - 149, Cases added in Month of March 1992 - 9, Probations completed, Month ending March 31, 1992 - 24, for a TOTAL CASES AS OF MARCH 31, 1992 of 134. Number of Juveniles
on Probation - 5. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, and Williamson, voted AYE. NAY 0. Motion received six (6) affirmative votes, (0) negative votes. MOTION
CARRIED.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT
POLICE DEPARTMENT:
STREET DEPARTMENT: INFORMATION ITEM: 1992 PROPOSED
OVERLAY PROGRAM
Mayor Swaim related that all but twenty thousand dollars of money budgeted for the overlay program for 1992 will be spent on the projects listed below. He recognized City Engineer Duane
Reel who addressed the Council regarding the 1992 Street Overlay Program.
He related that the program being used covers a period of five years with a few streets that are less than five years old which need repair and some that are older which have been
dropped from the list which do not need to be repaired.
Alderman Knight moved, seconded by Alderman Lewis that the pro-posed Overlay Program for 1992 be approved. MOTION CARRIED.
PROPOSED OVERLAY PROGRAM 1992
STREET FROM TO LENGTH WIDTH TONS
Spencer Trickey Military 443 18 82
John Hancock All 950 23 225
Oak Hwy 161 Main 2965 20 609
Elm Main Victory Cir. 352 23 83
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
South Road Jaxon Oak 800 23 189
Wells Fargo All 638 23 151
Winchester All 795 23 188
Overland Tr All 1600 23 378
Santa Fe Tr All 637 23 151
Trickey Lane Hwy 161 Railroad 1545 23 365
Greenway Ct. All 450 23 106
Southeastern Graham Ray Rd. 2640 21 570
Southern All 853 23 202
Captain St. All 560 23 132
Captain Cv All 300 23 71
Rainey Place All 655 23 155
Craft All 1112 23 263
Charlotte Cir. So. End 220 23 52
Lonsdale Cir. All 2055 23 486
Vine Gray Jeff Davis 2429 23 574
Crestview Main Garland 812 24 200
Neal Bailey Gary 599 23 142
Warren Main Division 707 23 167
Silver fox Cv. All 1072 23 253
Hamilton All 1493 23 353
Madden Road TP White Linda Lane 1061 40 436
Loop Road Jr. Food 230'E G. Acre 974 22 220
Cambridge All 302 23 71
Devon Lane Martin A11 565 23 134
Dales All 813 23 192
North First Gregory Loop 1281 22 290
Stonewall Dr. No. First E. Martin 2900 33 984
Turkey Trot Oneida Northlake 468 23 111
Quail Ct. All 511 23 121
Oneida Northlake Bucky Beaver 360 34 126
Redwing Ct. All 300 23 71
Carmen All 400 23 95
Smithwick All 397 23 94
White Oak Cv. All 270 23 64
Red Oak Cv. All 241 23 57
Shall Ct. All 250 23 59
Thompson All 664 23 157
Hill Road All 593 23 140
Oneida Turkey Tr. South End 981 34 343
Redmond Road Park Railroad Tr. 2316 22 524
Foxdell Cir. North End House #124 1072 23 253
Linda Lane #1921 #1913 328 23 78
Linda Lane #2013 #2301 400 23 95
Ray Road South Rd. East 250' 250 20 51
Reedie Street All 350 12 43
Noble All 330 12 41
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
PARKS AND RECREATION DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION: a. ORDINANCE 968 (#7-92) Petitioner: Kevin and Deborah Conroy request that the following parcel be rezoned form R-0 and R-4 to C-3.
ON ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION: 3032 SOUTH HIGHWAY NO. 161 AND 3026 SOUTH HIGHWAY N0. 161, ALSO KNOWN AS MOSS ROCK NURSERY);
AMEND- ING ORDINANCES NUMBERS 213 AND 236 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Williamson, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty voted
AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert E. Hamburg.
It was pointed out by Mayor Swaim that all the rezoning requests before the Council are relative to the Land Use Map recently adopted by the Planning Commission and the City Council.
Alderman Knight moved, seconded by Alderman Wilson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty voted
AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING.
Alderman Smith moved, seconded by Alderman Ray, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson,
and Twitty voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for
the SECOND TIME.
Alderman Lewis moved, seconded by Alderman Knight, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray,
Wilson, Williamson, and Twitty voted AYE. NAY 0. Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read
the Ordinance for the THIRD AND FINAL TIME.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
Alderman Wilson moved, seconded by Alderman Lewis, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty
voted AYE. NAY 0. Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 968 THIS 16th DAY OF APRIL .1992.
_________________________________________________________________
b. ORDINANCE 969 (#8 92) Petitioner: Marlon and Angelita Polston request that a parcel located at 2519 Coffelt Rd. be rezoned form R-0 to C-3.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION; 2519 COFFELT ROAD, ALSO KNOWN AS POLSTON USED CARS; AMENDING ORDINANCES NUMBERS 213 AND
238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Ray, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty voted AYE.
NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg.
Alderman Ray moved, seconded by Alderman Wilson to suspend the rules and dispense with reading Ordinance 969 in its entirety. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty voted
AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING.
Alderman Knight moved, seconded by Alderman Wilson, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson,
and Twitty voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED: Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the
SECOND TIME.
Ald. Knight pointed out that the rezonings are in line with the Proposed Land Use Map adopted by the Council and that classification changes in the properties is a matter of housekeeping.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
Alderman Ray moved, seconded by Alderman Lewis, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray,
Wilson, Williamson, and Twitty voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read
the Ordinance for the THIRD AND FINAL TIME.
Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty
voted AYE. NAY 0. Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 969 THIS 16th DAY OF APRIL 1992.
_____________________________________________________________________
c. ORDINANCE 970 (#9-92) Petitioner: Marie H. Hackett, 524 North First St., James H. Hudson, 512 North First St., John and Opal Mallett, 412 thru 424 North First St., Robert A. Mallett
404 North First St., and Edwin Harpole Lot 1, Block 3 request rezoning from R-0 and R-1 to C-1
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 404, 412-424, 500, 512, AND 524 NORTH FIRST STREET AND 100 BRADEN STREET, FROM VINE STREET
TO BRADEN STREET); AMENDING ORDINANCES NUMBERS 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Lewis, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, and Twitty voted AYE.
NAY (0). Motion received five (5) affirmative votes, (2)
negative votes and one abstention. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg.
Mr. Harley Jackson addressed the Council in regard to the rezoning. He stated that he felt he and his neighbors were not given adequate time to prepare a petition in opposition to the
rezoning. He also related that Lot 1, Block 4 was not included in the rezoning request although the owner related that a rezoning sign was placed on her property. Mr. Jackson voiced
that he felt rules governing posting and advertising have been changed and he asked the Council to give more time for residents who oppose the requests to organize, giving them an opportunity
to let the general public express their views to the Council.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
He contended that there is enough commercial property vacant at this time, that to rezone property to commercial is not necessary. He also suggested that if rezoning is done, that it
be the entire block over to Gray Street.
Mayor Swaim informed Mr. Jackson that state law was not violated in the posting and advertising process, which Mr. Wayne Cox who posted the property, verified. He also related that
there has been no change in the procedure of the way ordinances of this nature come before the City Council from the Planning Commission.
City Engineer Reel addressed the matter of setbacks voicing that such requirements are handled by the Engineering Department when building requests are made.
He said that ingress and egress as well as parking lot requirements are addressed when building permit approval is requested. He explained that residential driveways do not generate
much traffic and that C-1 zoned areas with quiet businesses generate a small amount of traffic during the day which constitutes a different situation than a residential neighborhood.
He said that he will probably request that the Planning Commission to do away with some of the drives so that the access could be controlled between Vine and Brewer Streets. .
Planning Commission Chairman voiced that the Planning Commission addressed the requests that were brought before them. He pointed out that the decision to rezone all the properties
before the Council was presented by the property owners. He said that the vote to rezone the properties listed in Ordinance 970 was unanimous except for one abstention by Commissioner
Bart Gray Jr. who had removed himself as a commissioner to represent the petitioners.
Mr. Wayne Cox voiced that he posted the signs April 1, 1992 and that the advertisement had appeared in the paper within the time frame required.
Mr. Elliott related that he, as Chairman of the Planning Commission, announced that the City Council would consider the requests for rezoning at their next Regular Meeting, Thursday
April 16, 1992, during the Planning Commission Meeting of April 13, 1992.
Ald. Knight said that she would give more consideration to the rezoning if the time for the widening of North First Street were closer, and that due to the fact there is negative response
from residents in the area, her vote would be a negative one.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
Mr. Bart Gray Jr. represented the property owners. He addressed the Council with positive statements regarding the rezoning requests. He pointed out that the property is within the
bounds of suggested commercial zoning indicated on the Land Use Map recently adopted by the Planning Commission and the City Council: (ref: Ordinance 967). He related that Mr. Jay
Hudson plans in the near future to open a quiet business on lots 11a and 11b. He pointed out that the houses on the remaining lots, with exception of two vacant lots, are now used as
residential dwellings. He pointed out that the office of Dr. Tom Bush is a good example of what can be done with residential properties in a commercial zoned situation.
He explained that all houses on the lots requested to be rezoned face Hwy 161 pointing out that the lot up for rezoning that is 137 ft. deep, faces Hwy 161 adding that a residence.
which faces Brewer St. also sits on the lot.
He related those properties between Poplar St. and Vine St. are already zoned commercial and those properties from the vacant lot on Brewer St. to Martin St. are commercially zoned.
He pointed out that if commercial activity is already increasing in the area, the requests need to be given consideration noting that new construction activity would be advantageous
to the City of Jacksonville and would lend development for the existing houses to be rehabilitated.
He related that the owner of Lot 1 was thought to be out of state when the rezoning requests were brought together and that she had not participated in rezoning efforts in the past.
He contended that the quiet business zoning requested would be good neighbors to the residential area as he requested that the Council look favorably on the rezoning.
Alderman Ray moved, seconded by Alderman Wilson , that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Lewis, Ray, Wilson, Williamson, and Twitty voted AYE. Aldermen Knight
and Smith NAY (0). Motion received five (5) affirmative votes, (2) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING.
Alderman Wilson moved, seconded by Alderman Ray , to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Ray, Lewis, Wilson, Williamson, and Twitty
voted AYE. Aldermen Smith and Knight voted NAY (0). Motion received five (5) affirmative votes, two (2) negative votes. MOTION FAILED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL. 16, 1992
7:00 P.M. - 8:35 P.M.
Mayor Swaim pointed out that the ordinance will be on the May 7, 1992 Regular City Council Meeting Agenda for the second reading.
GENERAL: a. DISCUSSION: ANNEXATION OF EAST VALENTINE RD.
Alderman Ray related that there are 105 homes in the area east of the city approximately two miles down Valentine Rd. requested to be annexed and that annexation of the area has been
requested in the past pointing out that the residents shop and spend their money in the city.
He related that the Jacksonville Fire Department and Ambulance Departments service the area. He also pointed out that the area is in the flood plain, that it is serviced by a federally
approved water system, a natural gas system and a park. He said that approximately $100,000.00 in grant money has been spent in the community and a grant from AIDC is anticipated
to service the homes with the Jacksonville Wastewater System.
Alderman Knight questioned whether or not the annexation would hinder the community receiving the AIDC funds.
Alderman Ray said that it would not, that the location and condition of the area is the qualifying factor.
Mayor Swaim said that Jacksonville has not been allowed to apply for grants in that it is an entitlement city. He related that the matter should be clarified before the annexation
request is final.
Alderman Wilson suggested that a map of the area showing the population, what type of area (farm land etc.), square mileage of the area requested to be annexed and that the residents
need to be made aware of building codes, rezonings, flood plains etc. He said that there are pros and cons that need to be viewed by the residents and the city.
Alderman Knight voiced that an overview of the costs to the city should be prepared and given consideration as annexing the area is considered.
b. DISCUSSION: NOISE ORDINANCE
Mayor Swaim noted that Alderman Sansing and Alderman Ray request-ed the discussion.
Alderman Ray voiced that contact has been made with officials in Texas and Florida regarding their efforts in noise control. He
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
related that equipment was used to measure the noise level and a fine of $100.00 was set for the first offense.
He expressed concerns regarding the welfare of the citizens of Jacksonville and pointed out that passage of a noise ordinance could help to bring the problem under control.
A discussion ensued with regard to the cost of equipment to monitor noise levels, situations where radios and musical bands are a nuisance to neighbors, fines and teeth enough in an
ordi nance to give the law enforcement officers the ability to arrest the offenders.
Mr. David France related problems he had experienced at his residence in the Stonewall Addition die to noise from cars in the neighbor’s yard. He suggested that a curfew be set from
10:00 p.m. to 6:00 a.m.
City Attorney Bamburg voiced that he would take the ordinance presented in the packet and rework it taking into consideration the suggestions of the Council.
Other suggestions regarding formation of the ordinance was to make the time of offense twenty-four hours a day.
Mayor Swaim stated that the Noise Ordinance would be on the next Council Agenda, May 7, 1992.
c. UPDATE / 105 DENNIS LANE
Mayor Swaim related that at the last City Council Meeting, the possibility of Mrs. Head placing a mobile home on her property at 105 Dennis Lane was discussed. He said that to his
knowledge, a request for a variance has not been presented to the Board of Adjustment regarding the matter. He said that the grass has been cut.
Mrs. Head related she has not been able to get a mobile home and that she is hopeful that HUD will get involved in repairing her home.
Mayor Swaim voiced that HUD has denied funds in that their as-assessment of the property is that it is beyond repair.
It was stated by Mrs. Head that HUD has not stated such to her.
Mayor Swaim said that he would contact HUD again about the mat-ter.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
Alderman Reedie Ray suggested that Mrs. Head reconsider relocating either in the Max Howell Addition or the Jacksonville Towers.
Mrs. Head contended that she is not going to move, that she might put a trailer on the property and use the house for storage.
Mayor Swaim related that Mrs. Head's house along with five other houses have been condemned by the city.
Alderman Wilson voiced again that the building is unsightly and unsafe not; worth repairing and will need to be removed if a mobile home is placed on the property.
Mayor Swaim stated to Mrs. Head that the fee will be paid by members of the City Council if she requests a waiver from the Board of Adjustment for placement of a mobile home on
her property. He assured her that it is not the desire of the Council to hurt her.
Mayor Swaim voiced that the city will work with Mrs. Head suggesting that she get with the City Attorney to discuss the mat-ter.
APPOINTMENTS: SEWER COMMISSION/ Reappointment of Dr. James
Weber for a five (5) year term to expire on 4/20/1997.
Alderman Smith moved, seconded by Alderman Wilson that Dr. James Weber is reappointed to the Sewer Commission for a five year term to expire 4/20/1997. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim stated that strong efforts are being made to conform with guidelines handed down by ADPC&E and EPA. He recognized Mr. Billy Gilmore who displayed metal which caused damage
to the tub grinder resulting in repairs of approximately $2,000.00. He related that advertising is planned with efforts to inform each household about the changes in pick-up procedures.
He requested cooperation of the general public in meeting the requirements.
A display of the advertisement being prepared was brought before the Council.
Mayor Swaim voiced that metal must not be included with yard waste.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 16, 1992
7:00 P.M. - 8:35 P.M.
ADJOURNMENT
Mayor Swaim adjourned the meeting at approximately 8:35 p.m.
Respectfully,
__________________________ ___________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer