01 OCT 18.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 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 18, 2001 at the regular meeting place of the Council.
Alderman Lewis delivered the invocation and Cub Scouts Cody Dixon, Eric
Carter, Brad Mcmoran, Seth Reed, and Dejuan Crutchfield led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Stroud
Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum. Alderman Fletcher arrived at approximately 7:07 p.m.
PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert E. Bamburg,
Deputy City Clerk Teresa Carter, Director of Administration Murice Green,
City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Finance
Director Paul Mushrush, Parks and Recreation Director George Biggs, Parks
and Recreation Assistant Patty Walker, P&R Chairman Greg Bollen, and
Commissioners John Fortenbury, Curtis Green, Donnie Griggs, Marsha
Dornblaser, Mike Annabelle Davis, Larry Brand, Kathy Brand, Police Chief
Hibbs, Fire Chief Vanderhoof, Police Captain Baker, Mrs. Judy Swaim, Mrs.
Edith Smith, Mrs. Helen Stroud, Mrs. DeDe Hibbs, Mrs. Addie Gibson,
interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
October 4, 2001 for approval and/or correction at the next Regular 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 20 September 2001 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith that the Regular Monthly
Report for September be APPROVED. Report reflects; Total Value of Reported
Stolen Property $57,712.00, Total value of Recovered Stolen Property
$23,382.00, Total Report Sales $256.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for September, which reflects a fire loss of $44,500.00, and
a Savings Total of $.00.
REGULARLY MONTHLY REPORT/CODE ENFORCEMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for September 2001.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
PERMITS/LICENSE ISSUED UNSIGHTLY & UNSANITARY
Building Permits 20 Grass Letters 198
Business License 7 Property Mowed 18
Trash Letters 89
Trash Removal 9
INSPECTIONS PERFORMED CONDEMNATIONS
Bldg. Inspections 34 Maint. Letters 11
HVACR 24 Repairs Made 3
Electrical 48 Demolitions 2
Plumbing 57
Cost for September $2,825.79
PROPERTY ADDRESS ACTION TAKEN %COMPLETE
312 E. Main Street DEMOLISHED 100
6016 S. Hwy 161 Demolition 90
8000 S. Hwy 161 Remodel 100
10,000 S. Hwy 161 Property in Bankruptcy Court
118 W. Valentine Lot 11 Remodel 100
317 W. Valentine DEMOLISHED 100
4016 S. Hwy 161 DEMOLISHED 100
107 Central Ave. DEMOLISHED 100
108 Pulaski Dr. Remodel 100
105 West Ave. 30-Day Notice of Condemnation 20
117 Joiner Ave. 30-Day Notice of Condemnation 0
103 Faulkner Remodel 70
137 North Ave. DEMOLISHED 100
510 Ray Rd. DEMOLISHED 100
1224 Church St. DEMOLISHED 100
1004 Casey Structural Maint. Letters
212 E. Main St. Structural Maint. Letters
193 Roosevelt Structural Maint. Letters
400 Elm St. Structural Maint. Letters
130 Joiner Ave. Structural Maint. Letters
204 Roosevelt Rd. Structural Maint. Letters
212 Pine St. Structural Maint. Letters
107 Roosevelt Circle Structural Maint. Letters
149 Pike Ave. Structural Maint. Letters
103 Cross St. Structural Maint. Letters
122 Pulaski Dr. Structural Maint. Letters
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
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STREET DEPARTMENT:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
PARKS & RECREATION: DEDICATION of Dupree Park Baseball Field
Mayor Swaim and Parks Director George Biggs related that the dedication of
ball field #5 in honor of Mr. Shireman is a great pleasure.
Director Biggs read the following from the plaque “In honor of your
dedication and love for baseball and your personal contribution to its
success in Jacksonville, Arkansas; Dupree Park Field #5 will forever be
known as the Paul Shireman Baseball Field designated in your honor October
2001 by the Jacksonville Parks and Recreation Commission and City Council.”
Mr. Shireman stated that he was surprised and overwhelmed. He related a
long love for Baseball, relating that he began with the Parks Department
22-years ago. He thanked everyone saying that he feels very honored.
Mayor Swaim recognized the Park and Recreation Commissioners present and
expressed to Mr. Shireman that the City of Jacksonville appreciates his
work with Jacksonville’s youth.
PLANNING COMMISSION: a. FINAL PLAT 109 DENNIS LANE
City Engineer Whisker related that the property is platted regarding street
rights-of-way requirements. He related that the property was platted when
the owners requested a commercial building permit.
Alderman Stroud moved, seconded by Alderman Wilson to approve the Final
Plat of 109 Dennis Lane. MOTION CARRIED.
b. ORDINANCE 1166 (#20-01)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY ADJOINING THE EAST SIDE OF CHAPEL RIDGE
APARTMENTS, STANPHIL ROAD, 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 Elliott to place Ordinance 1166
on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED
whereupon City Attorney Bamburg read the ordinance heading.
City Attorney Bamburg clarified a change in the general location
description and Mayor Swaim related that the property is adjacent to the
Chapel Ridge Apartment Complex off Military Road.
Alderman Elliott moved, seconded by Alderman Howard to APPROVE Ordinance
1166 on FIRST READING.
City Engineer Whisker presented the City Council with a vicinity map and
related that the rezoning would bring the portion of property zoned R-1
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into zoning with the surrounding R-3 property. In response to a question
from Alderman Wilson, City Engineer Whisker related that the proposed
zoning change would go south to Stanphil in the Liberty Subdivision.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
Mayor Swaim pointed out that the street providing access to Military Road
runs through the Liberty Subdivision and will continue into the rezoned
property.
City Engineer Whisker related that the property provides several options
regarding access, saying that one possible connection is Nathan Hale onto
Military. He stated that he is not aware of the developer’s access plans.
Alderman Wilson expressed concerns regarding the intersection at Stanphil
and Military Road. He mentioned the possibility of purchasing the house at
the top of the hill to move the road.
Mayor Swaim related previous efforts to purchase the home, adding that the
property may have to be condemned. He stated that it has been the City’s
goal to move the intersection to the top of the hill. He added that as a
State Highway it would require the Highway Department’s permission before
being altered. He related that options regarding cutting the hill were not
feasible for the area residents.
Mayor Swaim stated that additional considerations would be sought regarding
a resolution to the safety issues of the intersection.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that in speaking with the developer he had indicated that the plan is to
provide access through the existing subdivision.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Elliott to suspend the rules and
place Ordinance 1166 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE.
NAY (0). Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED whereupon City Attorney Bamburg read the ordinance heading.
Alderman Stroud moved, seconded by Alderman Elliott to further suspend the
rules and place Ordinance 1166 on THIRD AND FINAL READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg
read the Ordinance heading.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE AND ADOPT
Ordinance 1166. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion
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received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBERED 1166 THIS THE 18 DAY OF
OCTOBER 2001.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
GENERAL: a. ORDINANCE 1165 (#19-01)
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL
AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL AGAINST ALL
REAL 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.
Mayor Swaim clarified that Ordinance 1165 does not levy any new tax or
change existing taxes, but reassess the one mill for Police and one mill
for Fire approved by election. He stated that the Ordinance is provided to
the County annually for assessment collections.
Alderman Fletcher moved, seconded by Alderman Wilson to place Ordinance
1165 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
Motion received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED whereupon City Attorney Bamburg read the Ordinance heading.
Alderman Stroud moved, seconded by Alderman Lewis to APPROVE Ordinance 1165
on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud, Twitty 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 Ordinance 1165 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE.
NAY (0). Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED whereupon City Attorney Bamburg read the Ordinance heading.
Alderman Sansing moved, seconded by Alderman Stroud to further suspend the
rules and place Ordinance 1165 on THIRD AND FINAL READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg
read the Ordinance heading.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE AND ADOPT
Ordinance 1165. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud Twitty and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBERED 1165 THIS THE 18 DAY OF
OCTOBER 2001.
In response to a question posed by Alderman Wilson, Mayor Swaim related
that two-years after the City stop levying for real property assessment,
the City of Sherwood followed suite. It was noted that Little Rock, and
North Little Rock do assess for real property tax. He stated that five
years ago the City dropped collection of five-mills regarding property tax.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
b. REQUEST TO ACCEPT BID for Animal Control Slab Construction
Mayor Swaim related that the low bidder has performed a considerable amount
of work for the City in the past, adding that the project was bid three
times because of complications regarding the slab construction.
Alderman Stroud moved, seconded by Alderman Ray to accept the low bid from
Lyles Construction in the amount of $36,214.00 to be drawn from the Capital
Improvement Fund. MOTION CARRIED.
c. REQUEST TO ACCEPT BID/Electrical Service for Recycling Center
Mayor Swaim stated that the low bidder is the recommended bid.
Alderman Elliott moved, seconded by Alderman Sansing to accept the low bid
from Conrade Electric in the amount of $22,834.00 to be drawn from the
Capital Improvement Fund. MOTION CARRIED.
UPDATE ON PROPERTY AT THE INTERSECTION OF SCHOOL DRIVE AND HWY 161
City Attorney Bamburg related that he is waiting to receive a property
appraisal before proceeding.
In response to a question posed by Alderman Wilson, City Attorney Bamburg
related that he is attempting to resolve the issue regarding Mr. Mathews
permission to allow public use of the property versus condemning the
property.
Mayor Swaim related that Mr. Mathews has indicated that as owner of the
land he feels he should be paid. He stated that if the City chooses to
condemn the property an appraisal would still be necessary regarding an
escrow until the court action is settled.
City Attorney Bamburg stated that if the City condemns the property the
appraisal amount would be filed with the registry of the court and the City
would ask for an order of immediate possession.
Alderman Wilson questioned if the fact that the property has been used for
forty-years as a public thoroughfare would figure into the appraisal.
City Attorney Bamburg stated that is part of the City’s argument, but was
unsure as to its affect on the appraisal.
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Discussion ensued regarding the requirement of any payment from the City
for what has been used as a public access, and Mayor Swaim stated that the
Municipal League attorneys have stated that the property cannot be taken
without court action. In addition, the City will have to prove that the
property has been used as a public access.
OVERPASS CONSTRUCTION
Mayor Swaim related that many of the streets approaching the overpass have
been blocked with the except of North First Street, adding that it has
caused some concern from merchants in the area regarding traffic to their
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
business. He explained that the detour sign reads “closed to thru
traffic”, adding that this has confused area traffic and pointed out that
the sign does not mean traffic can not go through to the Methodist Church,
Library or other establishments in that area. He then related the similar
situation for the other end of the street regarding access to the school,
pointing out that at the present time traffic can still move around the
first barricade but not through the second regarding the children needing
to get to Jacksonville Elementary. He related that it would be an
inconvenient process lasting 18 to 24 months, pointing out that anytime
there is construction there is confusion and difficulties in moving around.
He stated that the City is working on methods to safeguard the children who
walk to school, noting that there are two crossing guards that work the
intersection on the north and west side and school guards.
Discussion ensued regarding that better detour signage be considered in an
effort to work with area businesses, indicating traffic to local business
could proceed through.
Alderman Fletcher requested signage regarding illegal discharge of firearms
in the wooded areas inside the City limits, mentioning the dangers
associated with the discharge of firearms in local wooded areas near
residential housing.
Mayor Swaim related that it is a noted problem during hunting season,
adding that the Police do patrol the areas. He asked Captain Baker to work
with the sign shop regarding areas where signs would be most effective.
JAMES STREET BRIDGE
In response to comments from Alderman Twitty, Mayor Swaim related that City
Engineer Whisker has worked on a proposal regarding changes to the James
Street Bridge. He stated that the Highway Department has stated that in
order to make changes they would like to turn both access roads into one-
way traffic patterns.
City Engineer Whisker concurred, saying that the Highway Department
proposed that it will be one-way from the Sherwood area to Jacksonville in
a couple of years.
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Mayor Swaim stated that the Highway Department rejected a proposal from the
City to add an extra lane at the James Street Bridge in the past, but
stated that the City could return and ask for some relieve to the traffic
problem.
Discussion ensued regarding City Council attendance to the Annual Highway
Commission Dinner to express to the Commissioners the needs of Jacksonville
regarding traffic concerns at the James Street Bridge.
City Engineer Whisker offered to have area traffic counts before the next
regularly scheduled City Council meeting.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7:00 P.M. – 7:40 P.M.
WING DING FESTIVAL
Alderman Wilson stated that the City enjoyed one of the best Wing Ding
Festivals it has hosted, adding that even the weather cooperated. He
commended the City in an outstanding job working with the Chamber, saying
that everyone from the Mayor to the Police, Fire, Street, and Parks
Department did a great job.
PROPERTY ADJACENT TO JOHNSON PARK ON CHURCH STREET
Mayor Swaim related efforts by the City to purchase a lot on Church Street
that backs up to Johnson Park that could be used as Park access. He
related that he was able to get a verbal agreement on the property and City
Attorney Bamburg is working on the written agreement. He stated that he
would need authority to move forward with the purchase.
Alderman Elliott moved, seconded by Alderman Wilson to place an item of
business on the agenda regarding the purchase of a lot on Church Street
adjoining Johnson Park on the agenda. MOTION CARRIED.
Mayor Swaim related that the appraised value of the property is $7,500, and
requested authorization to purchase the property for that amount plus
closing cost.
Alderman Smith moved, seconded by Alderman Stroud to authorize the Mayor to
purchase the property at $7,500 plus closing cost with funds to be drawn
from Capital Improvement. MOTION CARRIED.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:40
p.m.
Respectfully,
________________________ ____________________________
Susan L. Davitt MAYOR TOMMY SWAIM
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City Clerk-Treasurer
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