97 OCT 02.DOC
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on October 2, 1997 at the regular meeting place of
the Council. Alderman Lewis delivered the invocation after which
Mayor Swaim led the standing audience in the "Pledge of
Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Williamson, Fletcher, Keaton, and Howard answered ROLL
CALL. PRESENT TEN (10), ABSENT (0). Mayor Swaim answered ROLL
CALL and declared a quorum.
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel,
Public Works Director Murice Green, Finance Director Paul
Mushrush, Police Chief Larry Hibbs, OECD Director Phil Sullivan,
Mr. Steven Ward, intern from Mayor Swaim's office, other City
employees, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of September 18, 1997 for study and action at the next
Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Ray moved, seconded by Alderman Howard that the minutes
of the Regular City Council Meeting of September 4, 1997 be
APPROVED. MOTION CARRIED.
CONSENT AGENDA: OECD AGENCY:
Alderman Wilson moved, seconded by Alderman Smith that the Regular
Monthly Report for September 1997 of the Economic and Community
Development Department be approved. Said report reflects:
Public Works:
a. Bids Received.........................................1
b. Interim Inspections...................................2
c. Project Close-out.....................................0
d. Pre-construction Conference...........................1
Hag:
Applications Processed...................................1
Grants Approved..........................................1
Approval Pending.........................................1
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
Rehab:
a. Letters to prospective applicants.....................3
b. Applications received.................................3
c. Work write-ups & estimates............................2
d. Bids Advertised.......................................5
e. Pre-construction conferences..........................4
f. Appraisals & Environmental reviews....................0
g. Interim inspections...................................13
h. Final Inspections.....................................0
i. Emergency Inspection..................................0
j. Partial payments......................................0
k. Project Closeout......................................1
l. Warranty Repairs......................................1
m. Contracts signed......................................4
n. Rehab mortgages released..............................0
Meetings:
Informational Meetings(ED)...............................4
Informational Meetings(CD)...............................1
Public Meeting (OECD)....................................0
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Williamson, Keaton and Howard voted AYE, NAY
(0). MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: DISCUSSION: Drainage/Hassen Subdivision
Alderman Wilson explained that Mr. Hassen and other neighbors were
seeking the advice of Council regarding a drainage dispute on
private property.
City Attorney Bamburg related that the City has no redress
regarding drainage solely contained on private property without a
public easement.
Mayor Swaim stated the Council members were briefed and have had
an opportunity to view the situation, adding that he has also
spoken with Mr. Lloyd Friedman. He related that as advised
through several entities the position of the City must be one of
no involvement in private citizen disputes. He further stated
that without written permission and a dedicated easement, his
interpretation is that the City cannot perform drainage work on
private property. Mayor Swaim related that almost three million
dollars has been spent on significant drainage problems in the
City of Jacksonville, he cautioned that involvement in this matter
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
would jeopardize the City's position in any number of private
citizen drainage matters. He related his understanding of what he
viewed as a difficult situation for all parties involved, but
stressed legal liability concerns from any involvement by the
City.
In response to a question posed by Alderman Ray, Mayor Swaim
related that City maintained ditches along Northeastern are open.
Alderman Wilson related that information from Mr. Hassen indicated
someone in the office of the Attorney General stated that the city
has the authority to intervene in the matter.
City Attorney Bamburg related that he has not been contacted by
anyone from the Attorney Generals Office and that his concern is
that the City would make improvements with public funds on private
property in that there are no easements related to the property
for which it is responsible.
Mayor Swaim pointed out that the liability of the City is great in
such matters, noting a meeting, which he attended recently
relating to similar situations.
Alderman Wilson suggested that City Attorney Bamburg meet with Mr.
Hassen and try to clarify information received from the office of
the Attorney General.
Mr. E. Ray Smith, 3213 T.P. White Drive, related that
approximately two years ago Mr. Hassen dug a ditch approximately
sixteen inches deep between property owned by Mr. Lloyd Friedman
and himself. He said this action rerouted the water putting it
underneath the house. He said mowing of his yard was hindered due
to a swell approximately two feet high. He said that he altered
the ditch such that he could mow his yard. He said that a ditch,
in place for about seven or eight years, was filled in on the west
side of the Smith property. He related that now there is a levy
about 18 inches tall on the property of Mr. Hassen and Mr. Price.
Mr. Thomas Hassen, 3100 Northeastern, stated that he has lived at
the particular address since 1958 and on the Hassen property since
1946. He related that the drainage ditch Mr. Smith mentioned has
been in place since 1948. He said that when the Smith home and
the Friedman home was built the ditch went out to the freeway. He
said that the ditch is not at present and never has been on
property owned by Mr. Smith. He said that Mr. Friedman requested
the opening of the smaller ditch noting that a tree has grown
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causing a mound of dirt that hindered water flow. He said that he
and a neighbor cleaned the ditch to the highway giving place for
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
the water to flow. He said that Mr. Smith, by stopping the ditch,
has affected eight property owners in rerouting the water. He
said that the Prosecuting Attorney and the office of the Attorney
General related to him that one cannot stop up a ditch which has
been in place that long. He said that he has contacted a private
attorney and was informed that the property owners could file suit
in the matter.
Mayor Swaim pointed out that it is evident that a problem exists
between property owners and should be handled in civil court.
City Attorney Bamburg related that a prescriptive easement, which
is obtained over a number of years through usage or circumstances,
has to be declared by a court in order for it to actually exist.
He pointed out that changes in development could alter water flow
and that the courts would look at all aspects. He said his
concept of the matter is that it is a private circumstance that
needs to be addressed adding that unless the City has an easement,
improvements don't need to be made on property.
Alderman Gary Fletcher questioned whether or not any of the
property has been surrendered for an easement.
Mayor Swaim related that he is unaware of any such offer from
either of the parties involved. He explained that the Council is
a legislative body and that he is administrative which prevents
any action by either.
PARKS & REC DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION: Request to set Public Hearing Ref: Closing
of Crestview Drive between T.P. White & Vine Street
Mayor Swaim proposed that the request be the first item of
business on the November 6, 1997 City Council Agenda at 7:00 p.m.
Alderman Ray moved, seconded by Alderman Wilson to set a public
hearing for 7:00 p.m. at the Regular City Council Meeting of
November 6, 1997 regarding a request to close Crestview Drive
between T.P. White and Vine Street. MOTION CARRIED.
GENERAL:
a. ORDINANCE 1087 (#15-97) AN ORDINANCE FOR THE PURPOSE OF LEVYING
ONE (1) MILL AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN
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THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR
THE PURPOSE OF LEVYING ONE MILL AND ONE MILL AGAINST ALL REAL
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE;
FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF
PULASKI COUNTY OF THE TAX LEVIED AND OTHER PRESCRIBED MATTERS
PERTAINING THERETO; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Williamson to place
the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Ray moved, seconded by Alderman Sansing to dispense with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. Motion received ten (10)
affirmative votes, (0) negative vote. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis to ACCEPT the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED. Whereupon City Attorney Bamburg read the Ordinance for
the Second Time.
Alderman Lewis, moved, seconded by Alderman Ray, that Ordinance be
placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Howard,
Keaton, Williamson, Fletcher, Wilson, Ray, Sansing, Lewis, Smith,
and Elliott AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD
AND FINAL TIME by City Attorney Robert Bamburg.
Alderman Sansing moved, seconded by Alderman Ray, that Ordinance
1087 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Wilson,
Fletcher, Williamson, Keaton, Howard, Ray, Sansing, Lewis, Smith,
and Elliott AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED.
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ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1087 THIS THE 2nd DAY
OF OCTOBER, 1997.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
b. RENEWAL of Bldg. & Contents Insurance
Mayor Swaim recognized Mr. Paul Mushrush of the Finance Department
to address the item of business.
He related that the request is made annually with regard to
building and content insurance. He said that in 1996 the bid was
awarded to Gallagher & Co., which included a two-year extension on
agreement. He said that service from the company had been
excellent and recommended that their contract with the City be
renewed. He said that the total bid includes the 9-1-1 building
and the new radio system. (The bid sheet is included in these
minutes as exhibit "a".)
Alderman Wilson moved, seconded by Alderman Williamson to renew
the contract with Gallagher & Co. for building and contents
insurance for the year 1998. MOTION CARRIED. (TOTAL BID:
$19,970.43 paid from the Insurance Fund subsidized through all the
affected departments)
ANNOUNCEMENTS:
Mayor Swaim pointed out that information regarding new criteria
for the Inspection Department being proposed under ISO was
included in the Aldermen's packet for their perusal.
AUCTION:
He announced that Annual City Auction scheduled for October 11,
1997 at 9:00 a.m.
MUMS, MUSIC, & MUSCADINE FESTIVAL:
Mayor Swaim announced that the annual festival is scheduled for
October 4th and 5th, 1997.
Mayor Swaim announced that Mr. Beeman has chosen to work for a
larger city and would be leaving the City of Jacksonville.
It was requested by Alderman Wilson that a letter of appreciation
be sent to Mr. Michael Beeman for his efforts with the City.
ANNUAL CHRISTMAS PARADE
Alderman Fletcher expressed concern about the theme of the Annual
Christmas Parade, "Rock N' Roll Christmas". He said that as a
representative of the people, he felt he should bring the matter
to the attention of the Council.
Alderman Smith voiced that he was not present at the meeting of
the Chamber when selection was made but had been contacted about
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it.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 1997
7:00 P.M. - 7:38 P.M.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:38 p.m.
Respectfully,
___________________________ ____________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer
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