01 SEP 06.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 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 September 6, 2001 at the regular meeting place
of the Council. Alderman Lewis delivered the invocation and Eagle
Scout Alex Stevens led a standing audience in the “Pledge of
Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson,
Fletcher, Stroud, 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, City Engineer Jay Whisker, Finance
Director Paul Mushrush, Purchasing Agent C.J. Brown, CDBG Director
Theresa Watson, Police Chief Hibbs, Fire Chief Vanderhoof, Parks
and Recreation Director George Biggs, Parks Assistant Administrator
Patty Walker, Engineering Secretary Vicki Williams, Code
Enforcement Officers Vern Howell and Marty Sanady, Water Commission
Chairman Thad Gray, Water Superintendent Ken Anderson, Mrs. Judy
Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mrs. Lindy Lewis,
interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of August 16, 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 Lewis that the minutes
of the Regular City Council Meeting of 02 August 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Lewis to APPROVE the
monthly Animal Control Report for March 2001. Report reflects the
following:
REVENUES……………………………………………$ 384.00
CONTRIBUTIONS………………………………$ 0.00
ADOPTIONS/FINES…………………………$ 384.00
TOTAL……………………………………………………$ 384.00
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
ROLL CALL: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION
CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT: Request to Accept Bid for Bailer & Pit
Conveyor
Mayor Swaim related that the low bid is the recommended bid.
Alderman Wilson moved, seconded by Alderman Elliott to accept the
low bid from Cram-A-Lot in the amount of $45,625.00. MOTION
CARRIED.
Mayor Swaim related that the City has received a 100% grant from
the Pulaski County Solid Waste District, adding that the purchase
of a second bailer would allow for configuration of plastic and
newspaper, which will increase the price received for the sale of
those products.
STREET DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. CONDEMNATION BRIEFING
Alderman Smith related that the City works with the owners of
dilapidated homes to bring them back to good repair, adding that
there are homes too far dilapidated that must be condemned. He
related that Mr. Glen Davidson had requested the opportunity to
address Council, but is not present in the audience. He related
that Mr. Davidson has four homes that are scheduled to be
condemned. He related that three of the homes on the list were
scheduled for condemnation in 1996, pointing out documentation
supporting the City’s efforts to work with the owner.
City Engineer Whisker presented a power point presentation
depicting the dilapidated condition of homes owned by Mr. Davidson.
The photos documented advanced dilapidation making them suitable
for demolition. He related that clean-up letters have been sent to
Mr. Davidson regarding six of his properties located at 109 Union,
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115 East Blvd., 130 Joiner, 103 Roosevelt, 117 Joiner, 105 West
Avenue.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
He reviewed conditions regarding each home to include unsafe
construction methods regarding an addition, disrepair and
dilapidation to all of the homes regarding exterior conditions.
The Council viewed slides of the homes featuring sagging roofs,
wood rote to the exterior and structural damage. The common theme
of overgrown grass and underbrush was noted. City Engineer Whisker
then related that letters regarding structurally unsafe conditions
were written for 117 Joiner Street and 105 West Avenue. He stated
that the owner had indicated that he would like to begin repair
work at 105 West Avenue before starting 117 Joiner because of
financial restraints. City Engineer Whisker stated that the roof
was taken off the residence at 105 West Avenue and dumped on the
lawn, which spilled over onto the sidewalk. He presented photos of
an addition to the rear, explaining that the construction is
structurally unsound. He related that Mr. Davidson was asked to
get a building permit because the construction methods were not
sound. He reviewed photos depicting appliances discarded in the
back yard. He related that efforts to work with Mr. Davison began
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May 7, starting the process of either bringing the house back to
code or demolish. He related that the first letter provided 30
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days, and the 2 letter gave him until the following Council
meeting. He then related that Mr. Davidson then provided a
schedule for repairs but did not keep that schedule. He went on to
say that Mr. Davidson was contacted again by mail and still has not
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met the schedule to finish the project by Aug 22. He provided
copies of several letters sent for various violations. He stated
that previously an ordinance was passed to condemn the house at 117
Joiner Street, 193 Roosevelt and 130 Joiner Street, adding that Mr.
Davidson repaired the homes just enough to keep them from being
demolished. He pointed out that 117 Joiner has now once again
received a structural letter violation. He stated that the City
had demolished two houses in 1994 at 105 Victory Circle and 200
Roosevelt. He related that the pictures being presented are recent
and comparable to the ones taken in 1996. It was noted that two of
the properties are being condemned, adding that no one is living in
any of the properties proposed for condemnation.
Discussion ensued regarding conditions on Casey Street and City
Engineer Whisker related that grass letters have been sent and the
City has had to mow the grass at the church, stating that the
building will have to be condemned.
Mayor Swaim pointed out that the properties presented are not the
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only houses that are in need of repair in the City and that this is
not a case of a single individual being pointed out but added that
Mr. Davidson had requested the opportunity to discuss his
properties with the Council. He then related that other property
owners are either preparing to fix their properties or the City is
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
preparing to demolish them. He related that the unfortunate aspect
is that the taxpayers are actually subsidizing the demolition when
the City is forced to pay up to six thousand dollars per house
regarding demolition, asbestos removal and hauling. He offered
that while the City files property liens, it cannot recoup expenses
if the property does not sell. He related that the City received a
letter recently regarding a property condemned in the mid 90’s,
which is now for sale regarding back taxes.
Alderman Stroud related that once a house reaches that condition it
becomes too costly to restore and then other area houses seem to
take the same direction because of general neighborhood moral when
property is not kept up. He stated that those conditions is what
is meant by a “blight on the community”, adding that the Council
has voted to take action regarding those situations. He then
questioned the normal time frame regarding condemnation, pointing
out that one property was actually started in 1996.
City Engineer Whisker related that it depends on the individual
property owner, adding that some work harder than others to keep
their property from being demolished. He stated that the first
letter gives 30-days, and if the property owner will call and work
out a repair schedule the City will try and work with them. He
pointed out that one property owner who got a letter in May is
presently rebuilding a house from the walls up and is ¾ finished.
Discussion ensued regarding a measure for visible progress.
In response to a question from Alderman Stroud, City Engineer
Whisker stated that his question to Council would be what is the
point in time, given reasonable time limits when the City ceases to
work with a property owner not repairing the property.
Mayor Swaim stated that if progress is not shown or some effort
made within 30-days, in the past the condemnation process has begun
including action from the City Attorney.
City Attorney Bamburg stated that after the 30-day letter has been
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issued with no response then it is forwarded to his office and a 2
letter is issued informing the property owner that the City Council
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will consider condemnation proceedings at the next regularly
scheduled meeting. He then related that if again the property
owner does not respond and provide a repair schedule an additional
30-days is provided after Council addresses the condemnation before
any action can be taken to demolish and then at that point it
becomes a matter of scheduling with bid. He pointed out that in
the past the City has tried to bid more than one house to make it
as economical as possible.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Mayor Swaim related that the legal bidding process takes a minimum
of two weeks to 30-days, which very easily brings the total process
to ninety-days before action can be taken. He then stated that
difficulty regarding notification creates a further delay.
Discussion ensued and it was felt that it would be helpful to the
Council to have a properties status report included as part of the
consent agenda regarding quick action if necessary.
Mayor Swaim pointed out that a recent amendment to the State
Statutes allows cities to repair the property then charge the
owner, adding that he is not sure the Council would want to
consider the option.
Alderman Fletcher stated that it was upsetting to realize that most
of the property in question belongs to out of town landlords who
choose not to take care of their property. He stated that he feels
the Council needs to deal with landlords who refuse to take care of
rental properties. He related that in recent committee meetings it
was discussed having landlords register rental property and have
the City perform inspections. He suggested that landlords could be
required to be permitted in order to rent their property. He cited
a situation regarding an occupied rental house where not just the
shingles are missing but the decking is missing. He stated that
landlords need to be held accountable to the strictest measure the
City can possibly and legally enforce. He concluded saying that
if landlords cannot afford to fix their property, they should not
be in the rental business, adding that it should not be the City’s
responsibility.
Alderman Smith noted a house condemned that had a dirt floor,
adding that if progress is not shown the City should proceed with
condemnation.
Alderman Stroud suggested that the posting of condemnation signs
might help in notifying out of town owners, offering that neighbors
might contact the owner. He related that some people have admitted
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after being cited that they had been slow to repair property but
are now repairing the homes.
Mayor Swaim introduced Code Enforcement Officer Marty Sanady.
b. ORDINANCE 1163 (#17-01)
AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, AND 546; PROVIDING
RENEWAL OF A FRANCHISE AGREEMENT FOR CABLE COMMUNICATIONS SERVICES;
PROVIDING FOR COMPENSATION THROUGH A FRANCHISE FEE TO THE CITY;
AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Mayor Swaim noted that a representative from Comcast Cable was not
present and asked Council to place the Ordinance on first reading
only so to allow a representative to be present at a later meeting
to address any questions.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance
1163 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, 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 Wilson moved, seconded by Alderman Smith to dispense with
the reading of Ordinance 1163 in its entirety. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Mrs. Noralee Perkins a resident of 606 InnsBrooke Cove related that
when the Pennpointe Subdivision was developed, the cable lines was
not buried but in many case were just placed underneath the sod.
She stated that when her cable line had to be repaired after being
accidentally cut during an addition to her home, Comcast left the
cable line hanging on the fence. She stated that after the cable
line was cut a second time by a neighbor mowing grass she requested
that Comcast bury the cable. She related that there is cable line
lying on the ground and that her main concern is safety, describing
an elderly neighbor that has tripped on the exposed line. She
further described it as being unsightly in a neighborhood that
takes a lot of pride in its aesthetics. She stated that in her
opinion any company that provides a service in the community should
be held to task and provide a quality service, which she feels is
not the case regarding Comcast Cable. She stated that all other
utility lines in the subdivision are underground. She stated that
all lines should be buried in a timely manner and that she does not
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feel five-years of having the cable above the grass is considered
timely. She stated that presently she has no cable service in her
home and that Comcast does not automatically credit the bill
without her having to call the cable company numerous times and
request the credit. She related that she has been in contact with
Comcast on several occasions regarding the concrete being poured
for the home addition to request they bury the cable line. She
then related that thus far the cable line is still lying on the
ground, so she called the normal channels and was assured they
would take care of it, which they have not. She added that she
then went one step further and requested to talk to management,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
saying that a customer should not have to keep calling to get
service. She stated that when she contacted the general manager’s
assistant, she told them that if they could not take care of the
problem, she no longer needed their service. She related that she
was then contacted by a customer service representative who
extended his apologies, and asked what he could do to keep her as a
good customer. She described the event as extreme and said that
she did not feel a consumer should have to go through that. She
stated that management assured her they would take care of the
situation, but added that it remains to be seen. She stated that
if the situation is not corrected she would not continue cable
service.
In response to a question from Alderman Smith, Mrs. Perkins
related that the cable has been above ground for approximately five
years.
Discussion ensued regarding other subdivisions that may have
experienced similar problems, and Mayor Swaim related that when he
had received complaint calls of this nature he had talked with Mike
Wilson from Comcast and the problems was addressed. He agreed that
Mrs. Perkins’s situation is not the normal process anyone should
have to go through. He related that in constructing a ditch in the
Stonewall Subdivision the City had to handle problems with a
multitude of cable lines located in a ditch.
Mrs. Perkins stated that in talking with various contractors she
was told that placing the cable line directly underneath the sod is
pretty much the norm for Comcast Cable.
In response to comment from Alderman Wilson, Mayor Swaim stated
that he would look into the matter.
Mrs. Perkins related that in dealing with Comcast she has requested
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that anything less than all cable lines buried in the subdivision
would be unacceptable.
Alderman Sansing related that he had cable removed from his home
20-years ago and has not missed it.
Alderman Elliott asked that Comcast be available at the next
regularly scheduled meeting to address concerns, adding he recently
had a similar experience when he had to make two calls before
ending up later calling Mike Wilson to have a cable problem solved.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Fletcher related that his church’s property on James
Street is going to be demolished and in his attempts to have the
utilities disconnected he has been frustrated in efforts to try and
get Comcast to disconnect the cable that runs across James Street.
He related that in phone conversations with Comcast he was unable
to make the representative understand that if he disconnected the
cable from the building it would be in danger of coming back into
James Street and possibly wrapping around a passing car. The
representative instructed him to cut the cable at both ends and he
again tried to make her understand that the other end of the cable
was attached at the top of a telephone pole. He explained his
efforts to make her understand that he could not cut the cable from
the top of a telephone pole and eventually just ended the
conversation. He stated that the conversation had occurred two
weeks previous and that Comcast has done nothing to address the
situation, he stated liability concerns regarding possible damage
from his cutting the cable line at one end. He related that when
utility companies move their offices from the city, the citizens
quality of service suffers.
Mayor Swaim related that Comcast has an office in Jacksonville, but
does not have a local telephone number, adding that his office
receives Comcast calls. He then related that when he began serving
as Mayor in 1987 there were unsuccessful efforts to solicit other
companies to provide area cable service. He related that Comcast
did not have a signed franchise agreement for over five-years,
because competition was being encouraged, but no one else would
come and compete with them. He stated that the Federal Government
passed a law prohibiting cities from regulating local rates. He
stated that cities as a governmental entity do not have control
over the prices charged by cable companies, which he stated that is
why it is so important to demand proper service for the customers
in the City. He related that the proposed agreement is a non-
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exclusive franchise agreement, which means at a later date another
company could come in and compete to provide cable service.
Alderman Stroud commended Mrs. Perkins, saying that most citizens
do not complain to their governmental bodies but should. He stated
that in view of the complaints he would venture to say that Comcast
Cable is a big company who has not been a good corporate neighbor
in Jacksonville.
In response to a question from Alderman Wilson, Mayor Swaim related
that the major change proposed is to limit the contract time from
fifteen to ten years.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Stroud moved, seconded by Alderman Smith to amend the
contract from 15 years to ten years. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Smith to approve
Ordinance 1163 on FIRST READING as AMENDED. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson suggested that Mayor Swaim negotiate with Comcast
regarding some degree of dedicated service to Jacksonville
stipulating a local phone number, and a customer service
representative that has knowledge of Jacksonville to provide the
service customers expect and deserve.
Mayor Swaim related that in speaking to Comcast regarding a local
phone service for the local office he was informed that that it is
not productive and slows down the process. He stated that he does
not agree with that, pointing out the number of complaint calls
received by his office at billing time before asking Comcast to
take the telephone number off the bill as the franchise agent.
c. ORDINANCE 1161 (#15-01)
AN ORDINANCE MODIFYING §3.08.030 OF THE CITY OF JACKSONVILLE
PURCHASING MANUAL; ADOPTING MODIFICATIONS TO BIDDING PROCEDURES AND
AN INCREASE IN LIMITS UNDER ACTS 921 AND 1051 OF THE 2001
LEGISLATURE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim related that this is proposed regarding a change in
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State Law from the last legislative session.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance
1161 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, 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 Smith moved, seconded by Alderman Lewis to dispense with
the reading of Ordinance 1161 in its entirety. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Smith moved, seconded by Alderman Howard to approve
Ordinance 1161 on FIRST READING.
Mayor Swaim related that the major change proposed is that the
maximum limit will increase from ten thousand to twenty thousand
regarding sealed bids. He stated that the policy for quotes and
telephone bids are still regulated and that it provides for a 25%
deviation in the appropriated project costs.
City Attorney Bamburg concurred with the two major changes, adding
that it also includes that any bid over seventy-five thousand
dollars has language in the bidding document regarding
participation of small minority and women business enterprises.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson,
Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion
received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Wilson moved, seconded by Alderman Stroud to suspend the
rules and place Ordinance 1161 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud,
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 further
suspend the rules and place Ordinance 1161 on THIRD AND FINAL
READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
Motion received nine (9) affirmative votes, (0) negative votes.
MOTION CARRIED.
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Alderman Elliott moved, seconded by Alderman Stroud to APPROVE AND
ADOPT Ordinance 1161. ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis that the
EMERGENCY CLAUSE be APPROVED AND ADOPTED to Ordinance 1161. ROLL
CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine
(9) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
TH
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1161 THIS THE 6 DAY OF
SEPTEMBER 2001.
d. ORDINANCE 1159 (#13-01)
AN ORDINANCE AMENDING JMC §13.16.010; MODIFYING OUTSIDE THE CITY
BULK RATE WATER USAGE RATES; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance
1159 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, 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 Smith moved, seconded by Alderman Wilson to dispense with
the reading of Ordinance 1159 in its entirety. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Stroud to approve
Ordinance 1159 on FIRST READING.
Water Commission Chairman Mr. Thad Gray addressed the City Council
relating that the proposal is based on an event that occurred two
years prior with the ripple rate increase effect. He related that
the City of North Little Rock did not raise the full effect, but
began a roll back. He pointed out that previously Little Rock and
North Little Rock charged 150%, while Jacksonville charges 125% to
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its bulk rate outside City users. He stated that the bulk rate
users are Furlow, Bayou II, City of Cabot. He then related that
the City of Cabot uses approximately 21% water volume, Furlow is
4%, Bayou II is 4% of Jacksonville’s water systems. He stated that
the Commission would like to have the option to negotiate a bulk
rate contract with its bulk rate users. He stated that the
Commission has asked these parties to partner regarding a future
transmission line that would tie into Central Arkansas Water. He
related that Little Rock and North Little Rock are now merged
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effective July 1 2001, Central Arkansas Water is undergoing a rate
study, and have conducted a preliminary rate study which will be
voted on in the coming month. He stated that the Commission would
like the opportunity to negotiate rates with partners to roll back
the rate. He stated that it is only an option and does not
guarantee that it would be done but would be in the best interest
of the City. He related that the City of Cabot has started its own
water wells but are limited to 3 million gallons. He stated that
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
City of Jacksonville Water Utility will supplement a minimum amount
of 25,000 gallons per day in order to keep the line clean between
Cabot and Jacksonville. He stated it is nominal amount compared
to their peak usage of 250,000 gallons. He stated that Furlow and
Bayou II have been consistent in their water use.
Mayor Swaim clarified that this would not change the existing
policy provided to inside or outside the City retail customers on a
single line. He stated that it would be advantageous to the City
of Jacksonville to have partners share in the costs of constructing
a large transmission line
In response to a question posed by Alderman Sansing, Mr. Gray
related that currently all contracts including the contract
Jacksonville is on with Central Arkansas Water allow for future
events that might effect the rate charged.
Mayor Swaim pointed out that any rate increases would be addressed
before the City Council.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson,
Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion
received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Fletcher moved, seconded by Alderman Wilson to suspend the
rules and place Ordinance 1159 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud,
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Twitty and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Wilson to further
suspend the rules and place Ordinance 1159 on THIRD AND FINAL
READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
Motion received nine (9) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Wilson to APPROVE AND
ADOPT Ordinance 1159. ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Elliott moved, seconded by Alderman Smith that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
TH
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1159 THIS THE 6 DAY OF
SEPTEMBER 2001.
Alderman Wilson expressed a debt of gratitude to the Water
Commission and its staff regarding their efforts to ensure water
for many years for the Jacksonville community.
e. DISCUSSION regarding SOLICITATION BAN
Alderman Stroud related attempts to level the playing field between
itinerate merchants and local merchants. He stated that it has not
been successful thus far and has been informed by the City Attorney
that the City cannot charge itinerate merchants more for a
privilege tax than a local businesses. He stated that after much
discussion the Committee is proposing to place an outright ban on
all itinerate merchants.
City Attorney Bamburg related that the Committee had discussed an
outright ban applied solely to those that are located outside the
City regarding their business license, adding that unfortunately
the law does not grant that authority to cities. He then related
that the law would allow the City Council to consider an outright
ban on door-to-door solicitation excluding religious organizations
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because it is a constitutional privilege. He stated that the City
can limit the hours regarding solicitation of religious materials
given reasonable time frames. He stated that the ban would have to
apply to any other company or business local or national. He
related that Alderman Stroud had spoken about the possibility of
allowing nonprofits to solicit on a door-to-door basis, which would
allow for the Girl Scouts or schools to raise funds, along with
some of the local sports. He related that this is a gray area that
he is trying to get a clearer definition on, adding that there may
be some problems in even allowing that. He requested guidance from
the Council regarding the aforementioned guidelines.
Alderman Fletcher questioned the possibility of using terminology
to define traveling merchants as opposed to an established merchant
that operates a business 365 days a year regarding the fee charged.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
City Attorney Bamburg stated that it would be a violation of the
Commerce Clause to make distinctive difference between those that
are established businesses and those that may come in for a short
period. He related that the classification can not be designated
on period basis. He related that there are certain classifications
that can be upheld, pointing out that the City would have to
identify and factor those differently than what is being indicated.
Discussion ensued regarding an outright ban with the exception of
nonprofit groups and the distinction between nonprofits and
charitable organizations.
Alderman Smith suggested that it be brought back to the Council
when the gray area is more clearly defined regarding a package that
would only allow religious and nonprofit can go door-to-door.
City Attorney Bamburg clarified the inclusion of nonprofits to be
allowed to go door-to-door.
Alderman Stroud commented on the safety, nuisance and security
issues involved door-to-door solicitation, adding that provision
for the farmers market is in place with an established area. He
stated that if considerations are made for charitable and religious
organizations it would satisfy the Committee’s objectives.
Further discussion ensued and it was determined that nonprofits or
religious organizations would not be required to register with the
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City.
City Engineer Whisker addressed enforcement of nonprofits, saying
that it is going to be difficult because of the volume of magazine
companies that want to sell for different reasons.
City Attorney Bamburg clarified that there is no distinction
between charitable and nonprofit.
Mayor Swaim related that he and Alderman Stroud have spoken to Mark
Hays regarding guidance and Mr. Hays stated that wants to discuss
the issue with City Attorney Bamburg regarding the legal issue.
Discussion ensued regarding specific legislation to address
specific undesirable situations.
Alderman Fletcher stated that as times have changed, residents no
longer want to be solicited at their front door. He then remarked
that nonprofit organizations should consider an on location type
fund raisers rather than door to door solicitation. that.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
f. ORDINANCE 1162 (#16-01)
AN ORDINANCE CREATING JMC §2.04.011; DECLARING A REGULAR PRACTICE
FOR CITY COUNCIL MEETINGS AS TO THE READING OF ALL ORDINANCES AND
RESOLUTIONS DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Stroud that Ordinance
1162 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, 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 Wilson moved, seconded by Alderman Stroud to dispense with
the reading of Ordinance 1162 in its entirety. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, 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
Ordinance 1162 on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Howard to suspend the
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rules and place Ordinance 1162 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Wilson to further
suspend the rules and place Ordinance 1162 on THIRD AND FINAL
READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
Motion received nine (9) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to APPROVE AND
ADOPT Ordinance 1162. ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Wilson that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen
Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
TH
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1162 THIS THE 6 DAY OF
SEPTEMBER 2001.
g. DISCUSSION REGARDING DISPOSITION OF A PORTION OF PROPERTY AT
HWY 161 AND SCHOOL DRIVE
Mayor Swaim related the long time (30-years) paved cut across
regarding the area of School Drive and Hwy 161 for the “Y” type
intersection, adding that the adjoining property owner has fenced
the area off. He stated that the City has written letters to no
avail and is now bring the item for discussion and to let the City
Attorney explain what the options are for moving forward.
City Attorney Bamburg stated that given the adjacent property owner
has fenced the property and ignored letters from the City regarding
the removal of the obstacles to allow the area to return to public
use, some form of litigation is necessary to force the
circumstances. He stated that the City Council can either choose
to condemn, or since it has been used as a restrictive easement for
approximately 30-years the City can choose to go to the court and
ask for a declaratory judgment. He related that the Court could
16
order that the obstacles be removed, adding that failure to do so
at that point would be a contempt the Court Order and the person
would be subject to the fines, penalties and/or incarceration if
the Judge so decreed.
Mayor Swaim noted that the condemnation process would be more
lengthy.
City Attorney Bamburg stated that along with the request for a
declaratory judgment the City could request injunctive relief and
ask the court to issue that order fairly quickly.
Alderman Wilson moved, seconded by Alderman Stroud to proceed with
the declaratory order. MOTION CARRIED.
h. Request to Accept Bid for HDPE Pipe
Mayor Swaim related that the pipe is proposed for a drainage ditch
and the estimated cost exceed the $10,000.00 limited.
Alderman Wilson moved, seconded by Alderman Stroud to accept the
low bid for $12,025.30 with funds to be drawn from the Drainage
Fund. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
i. Request for Matching Funds for Police Grant.
Mayor Swaim related the opportunity to apply for a grant through
the Legal Law Enforcement Block Gant in the amount of $45,845.00,
adding that City’s matching amount would be $4,585.00. He related
that this is a much needed improvement for the Police Department,
pointing out that at the present time Crime statistics are entered
and gathered on antiquated software and hardware. He stated that
the grant will allow the Police Department to improve that process.
He explained that this is an upfront grant meaning that the City
will receive the funds in advance instead of applying for a
reimbursement, adding that it is required that if any interest is
drawn on the funds it is to be spent and should be included as part
of the motion.
Alderman Wilson moved, seconded by Alderman Elliott to approve
$4,585.00 plus interest in matching funds regarding the LLEBG
grant. MOTION CARRIED.
APOINTMENTS:
Alderman Wilson moved, seconded by Alderman Fletcher to approve the
appointment of Tammy Green to the Planning Commission for a term to
expire 01/01/2003. MOTION CARRIED.
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Alderman Elliott moved, seconded by Alderman Wilson to approve the
appointment of William Montgomery Tammy Green to the Planning
Commission for a term to expire 01/01/2003. MOTION CARRIED.
ANNOUNCEMENTS: Elderly Activity Center Carnival will be Saturday
September 8, 2001 from 9:00 a.m. to 1:00 with a pancake breakfast
being served at 7:00 P.M.
City Clerk Susan Davitt announced that Deputy Clerk Melanie Green
would be moving to Georgia with her husband within the week, making
this her last City Council meeting.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at
approximately 8:25 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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