00 JAN 06.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 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 6, 2000 at the regular meeting place of
the Council. Alderman Ray delivered the invocation after which
Mayor Swaim led the standing audience in the "Pledge of Allegiance"
to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson,
Fletcher, Williamson, Twitty and Howard answered ROLL CALL. Mayor
Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9),
ABSENT (1).
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Melanie Green, Director of
Administration Murice Green, Human Resource Director Dennis Foor,
Finance Director Paul Mushrush, City Engineer Duane Reel, OECD
Director Frank Rowland, Purchasing Agent C.J. Brown, Parks and
Recreation Director George Biggs, Police Chief Hibbs, Fire Chief
Vanderhoof, Chamber of Commerce Director Bonita Round, Mrs. Judy
Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mrs. Addie Gibson, Leader
Reporter Rick Kron, and interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of December 16, 1999 for approval and/or correction at the
next Regular 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 2 December 1999 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved, seconded by Alderman Gentry to APPROVE the
monthly Animal Control Report for December 1999.
Report reflects the following:
REVENUES……………………………………………..$ 564.00
CONTRIBUTIONS………………………………….$ .00
ADOPTIONS/FINES…………………………….$ 564.00
TOTAL……………………………………………………..$ 564.00
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson,
Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION
CARRIED.
WATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid for Tub Grinder Parts
Alderman Smith moved, seconded by Alderman Ray to accept the low
bid from Plan A in the amount of $13,548.00. MOTION CARRIED.
PARKS & RECREATION DEPARTMENT:
PLANNING COMMISSION: ORDINANCE 1129 (#1-2000)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: STANPHILL ROAD AND LEMAC DRIVE,
JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND
THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR
OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Wilson that Ordinance
1129 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED. Whereupon, City Attorney
Bamburg read the Ordinance.
Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the
reading of Ordinance 1129 in its entirety. ROLL CALL: Aldermen
Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson to ACCEPT Ordinance
1129 on FIRST READING.
Mayor Swaim responded that the request came from the owner with no
objection during the public hearing process, adding that the
rezoning request is in uniform with surrounding property that has
been developed for mobile homes.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher,
Williamson, Twitty and Howard voted AYE. NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Ray to suspend the
rules and place Ordinance 1129 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Gentry to further
suspend the rules and place Ordinance 1129 on THIRD AND FINAL
READING. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson,
Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0).
Motion received nine (9) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Wilson to APPROVE AND
ADOPT Ordinance 1129. ROLL CALL: Aldermen Elliott, Smith, Gentry,
Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE.
NAY (0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBERED 1129 THIS THE 6 DAY OF
JANUARY 2000.
Discussion ensued and it was requested that the Engineering
Department furnish a general area site map regarding rezoning
request forwarded to the City Council.
GENERAL: a. RESOLUTION 525 (#1-2000)
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE
TO UTILIZE FEDERAL AID MONIES FOR THE HIGHWAY 161 SIDEWALK PROJECT;
AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Williamson that
Resolution 525 be read. MOTION CARRIED. Whereupon City Attorney
Bamburg read the Resolution.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the
reading of the Resolution 525 in its entirety. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Gentry that Resolution 525
be APPROVED.
Mayor Swaim related that Resolution 525 is a sidewalk project from
Trickey Lane to School Drive regarding regulations from the Highway
Department and matching funds.
Director of Administration Murice Green related the Resolution is a
follow up to a prior resolution approved by the Council regarding
the use of Federal Funds. He pointed out that the Resolution
specifies percentages for Federal Share and City Match for the west
side of Highway 161 and that the projected completion date is in
the year 2000.
Mayor Swaim related that sidewalks along a State Highway presents
different regulatory situations, pointing out requirements for
construction of a cover extending four to six feet under the
railroad overpass for safety purposes. It was noted that business
located near by would not present a problem regarding room for
sidewalk placement which will be raised and provide access control.
At this time MOTION CARRIED.
b. ORDINANCE 1130 (#2-2000)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 12.24, 17.24,
18.26, AND 18.38; AND CREATING JACKSONVILLE MUNICIPAL CODE 12.06;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Gentry that Ordinance
1130 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED. Whereupon, City Attorney
Bamburg read the Ordinance.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
Alderman Ray moved, seconded by Alderman Gentry to DISPENSE with
the reading of Ordinance 1130 in its entirety. ROLL CALL:
Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Williamson to ACCEPT
Ordinance 1129 on FIRST READING.
In response to a question from Alderman Wilson, Mayor Swaim related
that in an oversight there are currently no requirements for
sidewalks, adding that in 1986 requirements for sidewalks in
residential areas were removed.
Director of Administration Murice Green related that codes
pertaining to sidewalks were located under at least three different
titles in the Jacksonville Municipal Code, adding that this brings
all code requirements together under the Master Sidewalk Plan. He
stated that there is a turn toward sidewalks in the community and
pointed out that federal funding requires a Master Sidewalk Plan be
in place. He related that the Master Sidewalk Plan would also
restore code requirements in residential areas. He further related
that changes from the Planning Commission included five foot
sidewalks in residential areas be reduced to four foot residential
and the four foot buffer zone requirement was changed to be
determined by the amount of right-of-way or other obstacles. He
related that the Plan provides for width, slop and construction
specifications of sidewalks regarding ADA requirements. He pointed
out that several cities in Arkansas are currently being sued for
non-compliance, adding that anytime a sidewalk is constructed it
can fall under heavy scrutiny regarding ADA compliance. He related
that efforts have been concentrated in areas around schools,
business and residential areas, which is represented in the Master
Sidewalk Plan.
Discussion ensued and it was determined that width for commercial
sidewalks was unintentionally left out in Section Two, paragraph E
of the street classifications but was intended to reflect a
specification for five foot sidewalks. It was noted that zoning
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dictates the classification of streets. Other questions arose
regarding if placement of sidewalks in a culdesac should be
determined by number of houses. Mr. Green read from the last
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
paragraph page three of the ordinance “Where conditions warrant,
the Jacksonville Planning Commission may grant variances to the
terms and conditions required in this Ordinance. It shall be the
responsibility of the City Engineer to consider variances in
construction standards when requested and to make a determination
to allow or disallow where conditions warrant.” He then stated that
he is not sure if it should be left unspecified. Discussion ensued
as to standards in place by other cities.
Alderman Fletcher questioned the construction recently of sidewalks
in culdesacs, adding that he felt sidewalks in a culdesac are an
undue burden.
Mayor Swaim cautioned exclusion of culdesacs without a limit
because of the possibility regarding long culdesacs. He pointed
out that the definition of local street on page eighteen could be
amended to additionally exclude culdesacs with less than twenty to
thirty lots or specifically state “no sidewalk is required in
culdesacs with less than twenty lots.”
Alderman Wilson concurred and cited examples such as Burgundy Court
with six houses which features a culdesac that he feels is very
functional. He stated that if sidewalks are excluded it pushes
children in those area to the street. He suggested passage of the
first reading regarding the Ordinance with additional input for the
next regularly scheduled City Council meeting. He warned of the
need to change the ordinance later if not carefully considered at
this time.
Alderman Fletcher raised questions regarding construction of
sidewalks by developers and at what stage of construction that is
to occur.
Director of Administration Murice Green related that there are
several different ways to accomplish the completion of sidewalks in
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subdivisions, adding that the intent is that the owner/developer
will construct the sidewalk. Discussion ensued and it was related
that other than the developer being responsible for the placement
of sidewalks, issues of escrow have not been addressed.
It was requested that Mr. Green/Engineering research and address
options for sidewalk placement.
Mr. Green related that to his knowledge sidewalks are constructed
during the development and that if they become damaged from heavy
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
equipment during the development, the contractor is responsible for
repairs. Mayor Swaim concurred, adding that there were attempts to
let contractors construct sidewalks in front of the house being
constructed which resulted in non-uniform and varied sidewalk
appearance.
ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher,
Williamson, Twitty and Howard voted AYE. NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
It was the consensus of the City Council to postpone complete
passage until the next regularly scheduled City Council meeting.
APPOINTMENTS:
BOARD OF ADJUSTMENT
Alderman Elliott moved, seconded by Alderman Wilson to approve the
appointment of Mr. Mark Perry to fill the unexpired term of Mr.
B.J. Boroughs to expire 2/5/2002. MOTION CARRIED.
PLANNING COMMISSION
Alderman Smith moved, seconded by Alderman Gentry to approve the
appointment of Dean Wilburn to the Planning Commission for a term
to expire 01/01/2004 and the re-appointment of Mr. Bobby Lester to
his first full term and Mr. Bill Corroum to a second term to expire
01/01/2004. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim reminded Council members that anyone planning to attend
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the NLC meeting of March 10 2000, please confirm with Bertha
Tipton.
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WATER RATES
Mayor Swaim related that the Little Rock Water Commission and the
Little Rock Board have rescinded the Water Rate Increase Ordinance
and have agreed to lower from 1.7 million to Three Hundred Thousand
the estimated increase to North Little Rock. He added, however,
that it is not a permanent agreement and pointed out that in the
original proposal there was a two-stage rate increase of 38% in the
first year with an additional percentage raise in the second year.
He stated that the agreement so far is to delay implementation of
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
the 1.7 million dollar increase for one-year, adding that it
will be nine Hundred Thousand for that year. He stated that if
agreement is not reached in the twelve month period, then the
Little Rock Water Commission will recommend again that it go to
the 1.7 million plus the planned percentage increase for the
second phase. He related that the proposal is at the discussion
stage for 12 months, providing a time frame to work out
arguments on both sides.
He stated that Jacksonville has worked closely with North Little
Rock who has a 22% increase unrelated to the proposed increase
from Little Rock. He said that the North Little Rock Water
Commission has not made any recommendation yet regarding what
they feel will be the rate increase for Jacksonville. He
projected February or March before Jacksonville will know all
the details of how much it will cost local residents. He
related that Jacksonville has requested consideration regarding
the 50% mark up and the North Little Rock Mayor has committed to
at least a lessor rate to be approved by their Water Commission
and City Council.
He stated that water rates are a major issue and pointed out
that Jacksonville has comparably low water rates Statewide. He
spoke regarding the study to set aside land at Camp Robinson to
build a reservior and treatment plant that can provide water for
all facilities north of the river including as far as BeeBe if
they choose to participate. He related that such a project
would be very expensive and long term, but is being discussed as
a possibility.
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He stated that meanwhile efforts are continued and Mr. Harvey
of the Little Rock Water Department has been very responsive to
questions from Jacksonville. He pointed out that Jacksonville
has not been excluded, although it is does not hold the primary
fiduciary relationship with Little Rock regarding the direct
purchase of water. He stated that Jacksonville’s fiduciary
relationship is with North Little Rock since we buy water
directly from them. He added that in turn Jacksonville sells
that water to the City of Cabot and two water users
associations. He stated that future growth in Central Arkansas
depends on a substantial 50-year water supply as soon as
possible.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 6, 2000
7:00 P.M. - 7:43 P.M.
WAL-MART OPENING
Mayor Swaim related that the City is addressing the caution
lights near the school and has checked with Temple regarding
progress on the video camera system scheduled for completion by
the grand opening.
ADJOURNMENT:
Mayor Swaim, without objection, adjourned the meeting at
approximately 7:43 p.m.
Respectfully,
___________________________ ____________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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