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92 MAY 7.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7:00 P.M. - 8:15 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 May 7, 1992 at the regular meeting place of the Council. Alderman Robert Lewis delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Sansing, Ray, Wilson, Williamson, Keaton and Twitty were present. PRESENT, ten (9), ABSENT, (1). Alderman Gary Fletcher arrived at approximately 7:05p.m. Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg Personnel Director and Mayoral Aide Michael Beeman, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Code Enforcement Officer Wayne Cox, Police Chief Don Tate, Park & Rec. Director Annabelle Davis, Street Superintendent, Bob Martin, Mr. Robert Stroud, Chairman of the Parks & Recreation Commission, other city employees and interested citizens and members of the press. DEVIATION IN THE AGENDA: PRESENTATION BY JAN BOLLEN An original water color by Mr. Mark Fonville was presented to Mayor Swaim by Mrs. Bollen to be displayed in the foyer at City Hall. The print displays the theme for City Fest, Mums, Music, and Muscadines. RESUME AGENDA: PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of April 16, 1992 for study and action at the next Regu-lar City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Reedie Ray that the minutes of the Regular City Council Meeting of April 2, 1992 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL DEPT.: Alderman Sensing moved, seconded by Alderman Wilson that the Regular Monthly Report for April 1992 of the Jacksonville Animal Control Dept. which revealed no contributions, Adoptions/Fines of $1,091.00, Security Deposits of $125.00 for a total receipts of $1,216.00. ROLL CALL: Aldermen: Knight, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CAR-RIED CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7:00 P.M. - 8:15 P.M. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: REQUEST TO ACCEPT BIDS: ASPHALT AND TRACTOR Mayor Swaim pointed out that City Engineer Reel feels that either company, which submitted a bid, E. C. Rowlett or Freshour will do a good job for the city. (Bid included in these minutes) Alderman Wilson moved, seconded by Alderman Ray that the bid of E. C. Rowlett received and opened April 21, 1992, with a quote of $23.00 for 4000-over tons HMAC, be accepted. MOTION CARRIED. Mayor Swaim pointed out that the low bid did not meet the speci-fications in the bid process. Mr. Robert Martin related to the Council that there were three or four things, mentioning the alternator, battery etc. did not comply with the specs and that his recommendation is the Ford Tractor from Capital Ford. Alderman Wilson moved, seconded by Alderman Ray that the bid from Capital Ford, opened April 17, 1992, totaling $8,997.69, be accepted. MOTION CARRIED. PARKS AND RECREATION DEPARTMENT: REQUEST FOR FUNDING OF PARK IM- PROVEMENTS Mayor Swaim introduced Park & Rec Commission Chairman Robert Stroud who in turn introduced the members the Commission who were present for the meeting. He thanked the Mayor and the Council for their cooperation with the commission in their efforts to make the quality of life better for the citizens of Jacksonville. He said that fifteen teams have been added to the already full roster adding that six (6) teams have been turned away. He said that 1035 young people participate in the program offered by the Recreation Department. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7:00 P.M. - 8:15 P.M. He said that the project cannot be completed with the funds now in hand in the department, that the proposal before the Council will allow the project to become operational. He said that money taken in during the year will help the department to pay back the $165,000.00 requested loan from the city in three to five years. Alderman Fletcher suggested a hamburger tax to help fund projects which would upgrade the community. Mr. Stroud said that plans are now underway by the Park & Rec Commission with regard to a multi-purpose facility for the city, adding that a proposal to the Council is forthcoming. Alderman Williamson moved, seconded by Alderman Sansing & Knight that $165,000.00, to be taken from the Capital Improvement Fund, be loaned to the Park & Recreation Department; amount to be paid back at $30,000.00 per year until paid in full, with the first payment due in 1993. MOTION CARRIED. Mayor Swaim related that he has asked that a committee be formed to work with the Park & Rec Department in the planning of the multi-purpose facility for the city. He said that the Council will be involved and that he has asked that two members and two citizens at large be included on the committee. He suggested that Alderman Williamson and Alderman Knight serve from the Council with the two citizens at large to be chosen later. SANITATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE 970 (#9-92) SECOND READING AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION: 404, 412424, 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. a. Petitioner: Marie H. Hackett requests that the following parcel be rezoned from R-1 to C-1. (Gen. Loc. 524 No. First St.) b. Petitioner: James H. Hudson requests that the following, parcel be rezoned from R-2 to C-1. (Gen. Loc. 512 No. First St.) c. Petitioner: John and Opal Mallett requests that their prop-erty addressed as 412 thru 424 North First be rezoned from R-1 to C-1. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7:00 P.M. - 8:15 P.M. d. Petitioner: Robert A. Mallett requests that a Parcel be rezoned from F-1 to C-1. (Gen. Loc. 404 North First St.) e. Petitioner: Edwin Harpole requests that Lot 1, Block 3, N E and Harry Harpole Addition, Jacksonville, Pulaski County, Arkan-sas be rezoned from R-0 to C-1. ORDINANCE 970 (#9-92) Alderman Ray moved, seconded by Alderman Wilson , that Ordinance be placed on SECOND READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. Alderman Knight voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CAR-RIED. Ordinance read SECOND TIME by City Attorney Robert E. Bamburg. Mrs. Lee Betts spoke to the Council as a representative from the community and presented a petition containing ninety signatures in opposition to the rezoning. She related that the history of objections to the rezoning of the properties aforementioned to rezoned is on file at City Hall. She pointed out vacant commercial businesses in the area, relat-ing the desire of tile petitioners that rte current zoning be re-tained. She voiced that she felt there should be a buffer bet-ween commercial and residential areas. Alderman Fletcher pointed out the fact that a Land Use Plan was recently adopted by the Planning Commission and the City Council relating to the growth of the city and the expansion of North First into a four-lane thoroughfare. City Engineer Reel related that in the acquisition of right of ways a maximum of ten (10) ft. will be requested of landowners in relation to the widening of North First Street. Alderman Knight voiced appreciation for the land use map but contended that she would oppose the rezoning until there is more development in the four-laning of North First. She expressed concern for the residents and pointed out the possibility of traffic congestion in the particular area. Mr. Bart Gray Jr. represented the petitioners requesting the rezoning along North First. He noted that one lot is vacant, that the petitioners desire is not to hurt the neighbors but that CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7 00 P.M. - 8:15 P.M. the owners may have an opportunity to further enhance their properties by remodeling or building quiet businesses pointing out that C-1 zoning is used as a buffer in residential areas. There were comments by Alderman Wilson regarding commercial highway frontage and that he would not oppose this rezoning request. Planning Commission Chairman Kenny Elliott related is the Land Use Map is updated every few years through the efforts of the City Engineer, the Planning Commission and Metro Plan. He relat-ed that after the map was completed, it was passed to the City Council who held a public hearing and gave final approval. Mayor Swaim pointed out that it had been ten years since the land use map had been updated. City Engineer Ree1 said that the design process has already started for the four-laning of HWY 161 from Graham Rd. to Loop with construction to start within three years. He related that traffic studies are already done and completion dependent on money availability. Alderman Wilson moved: seconded by Alderman Ray, to APPROVE Ordinance 9 7 0 on SECOND READING. ROLL CALL: Aldermen: Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Knight voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Knight voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Sansing moved, seconded by Alderman Ray that Ordinance he APPROVED AND ADOPTED. ROLL CALL: Aldermen: Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Knight voted NAY. Motion received eight (8) affirmative votes, (a) negative vote. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 970 THIS 7th DAY OF MAY 1992. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7 00 P.M. - 8:15 P.M. GENERAL: DISCUSSION: ANNEXATION OF EAST VALENTINE RD. Mayor Swaim related to data included in the agenda packet as additional information requested at the last City Council Meet-ing. Alderman Ray related that the boundaries were set up by mapping out the farm land from the populated areas in the year 1987. He said that a request was then made to be annexed into the city and that there is approximately 350 people in the area. He said that city services are desired adding that the residents are aware that all will not be immediately available. Alderman Wilson commented that he is pleased that the request has been made relating that data is needed with regard to the cost of police, fire, garbage, sanitation, sewer services etc. Mayor Swaim related that the Fire Department covers the area at present. (inclusive in the Outside the City Fire Protection Program) Mayor Swaim said that state turnback funds would not increase if the annexation materializes and that money received from real estate tax receipts would be approximately $10,000.00 annually. He related that a special census is not feasible in that the entire county would have to be included therein. Ald. Ray noted that he would like to bring information to the Council with regard to AIDC funding. Mayor Swaim let discussion of the item at future meetings of the Council to the discretion of Alderman Ray. Alderman Keaton voiced that information regarding street and drainage conditions should be given consideration as the annexa-tion is discussed. Alderman Wilson asked that the fire rating in the area be veri- fied. Mayor Swaim asked that garbage fee costs be clarified also. DISCUSSION: NOISE ORDINANCE Mayor Swaim voiced that City Attorney Bamburg and Police Chef Tate are working on examples from other cities and looking into available equipment used as measuring devices. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7:00 P.M. - 8:15 P.M. City Attorney Bamburg voiced that control of noise on a twenty-four hour basis would be easier to control and defend. Alderman Sansinq related that all calls regarding the noise ordinance are requesting immediate passage with twenty-four hour control with a $100.00 fine after one warning. Alderman Ray stated that he also had received a lot of calls requesting twenty-four hour noise control adding that he may be able to bring a measuring device from his employer for the city to try as they search for an instrument to measure noise. Mayor Swaim voiced that he had suggested at the last meeting that a warning be issued first and then a fine invoked. There was a short discussion regarding an objective measurement of noise and existing noise problems. DEVIATION IN AGENDA: LAWSUITS/MORGAN AND MAHONE Mayor Swaim expressed the need for an additional 2,000.00 dol-lars for help from the Municipal League to cover attorney fees in conjunction with the lawsuits involving former police officer Janet Morgan and the present probation officer Mike Mahone. Mayor Swaim further expressed that he felt the appropriate way to handle this would be to take 4,000.00 dollars from the Contin-gency Fund and leave the 2,000.00 dollar budgeted item so that in an emergency situation, it doesn't have to be brought before the council. Alderman Wilson moved, seconded by Alderman Ray to place the item regarding Morgan/Mahone lawsuits on the agenda. MOTION CARRIED. Mayor Swaim related the need to conclude this item of business expressing that as soon as the check is written tire Municipal League will be taking over the defense along: with the assistance of City Attorney Bamburg. Alderman Wilson moved, seconded by Alderman Knight to pay the Municipal League $4,000.00, taken from the Contingency Fund,. to represent the City of Jacksonville in the Janet Morgan and Mike Mahone lawsuits. MOTION CARRIED. APPOINTMENTS: PARK & RECREATION COMMISSION Reappointment of Mr. A. L. Riddle for a term to expire 5/9/1997 and Dr. Donnie Griggs for a term to expire 5/9/1997. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 7, 1992 7:00 P.M. - 8:15 P.M. Alderman Fletcher moved, seconded by Alderman Wilson that Mr. A. W. Riddle and Mr. Donnie Griggs be reappointed on Park & Recrea-tion Commission with terms expiring 5/9/1992,. MOTION CARRIED. ANNOUNCEMENTS: MUNICIPAL LEAGUE CONVENTI13N Mayor Swaim announced that the location for this years convention is in Little Rock at the Excelsior Hotel June 24-26. He asked that anyone wishing to attend should contact his secretary, Bertha Tipton. UPDATE: EDITH HEAD / CONDEMNATION OF PROPERTY Attorney Bamburg informed the Council that he had set a time for Ms. Head to meet with him relating that she did not keep the appointment. He said that he had mailed a letter directing her to the Board of Adjustment with a thirty day time limit for action to be taken. He said that the matter would be brought back to the Council if the hearing before the Board of Adjustment does not materialize. MAIN STREET REVITALIZATION Alderman Fletcher expressed concern that the downtown area needs to be revitalized. Mayor Swaim related that Mr. Butch Daugherty, Chairman of the Trade Development Committee of the Chamber of Commerce is working on the matter and suggested that those interested in the project should contact him. TAXI SERVICE It was pointed out that there is not a Taxi Service in the city at this time. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:15 p.m. MOTION CARRIED. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer