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02 FEB 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2002 7:00 P.M. – 7:30 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 February 7, 2002 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Alderman Ray and Alderman Lewis were absent for medical reasons. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Director of Public Works Jimmy Oakley, Purchasing Agent C.J. Brown, CDBG Director Theresa Watson, Interim Chief Ken Bouillon, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Parks Assistant Administrator Patty Walker, Mrs. Judy Swaim, Mrs. Edith Smith, Mr. Willie Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of January 17, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 3 January 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Mr. Green pointed out that the adoption rate has risen from 5% to 29% in 2001 and increased to 52% for the month of January 2002. Mayor Swaim stated that change in staffing along with assistance from the Pet Angel volunteers has promoted a better working Animal Shelter. Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for the month of January 2002. Said Report reflects: REVENUES: 388.50 CONTRIBUTIONS: 0.00 ADOPTION/FINES: 388.50 TOTAL: 388.50 ROLL CALL: Alderman Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. Motion received (8) AYE. (0) NAY. MOTION CARRIED. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2002 7:00 P.M. – 7:30 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PLANNING COMMISSION: ORDINANCE 1172 (#2-02) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY ADJACENT TO #19 GRAHAM ROAD, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim related that the property is located near the intersection of Graham and Loop Road. City Engineer Whisker stated that the lot is adjacent to the rear of the homes located on Waller Circle and side yard of Kelley Drive, which is zoned for mobile homes. He pointed out that while Waller Circle is zoned R-1, the area features some mobile homes. He related that the owner, Mr. Sam Langdon proposes to place a mobile home on the property for his daughter. He then related that the vote of the Planning Commission was unanimous, adding that there was no opposition to the rezoning request. Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1172 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Wilson moved, seconded by Alderman Elliott that Ordinance 1172 be accepted on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1172 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Sansing moved, seconded by Alderman Wilson to further suspend the rules and place Ordinance 1172 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Wilson moved, seconded by Alderman Elliott that Ordinance 1172 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. TH ORDINANCE APPROVED, ADOPTED AND NUMBERED 1172 THIS 7 DAY OF FEBRUARY 2 2002. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2002 7:00 P.M. – 7:30 P.M. GENERAL: a. RESOLUTION 557 (#2-02) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL-AID ENHANCEMENT MONIES FOR THE JACKSONVILLE REDMOND ROAD PEDESTRIAN TRAIL PROJECT; AND, FOR OTHER PURPOSES. Mayor Swaim related that Resolution 557 deals with funding to be released from the Arkansas Highway Department. He related that the Resolution states that the City of Jacksonville agrees to pay 20% of funding to qualify for federal aid. He pointed out that the funds are to construct a sidewalk on the northeast side of Redmond Road from Dupree Park to James Street. He stated that this project would tie into the sidewalk project planned for the Community Center to Dupree Park. Alderman Wilson moved, seconded by Alderman Elliott to read Resolution 557. MOTION CARRIED. Whereupon City Attorney Bamburg read the title of Resolution 557. Alderman Stroud moved, seconded by Alderman Smith to approve Resolution 557. It was noted that the 20% match would come from the Capital Improvement Sales Tax Fund. At this time, MOTION CARRIED. Mayor Swaim related that this would be the fourth significant grant to be obtained through various types of Federal or State Highway funds for sidewalk projects. b. RESOLUTION 558 (#03-02) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF VARIOUS REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSONVILLE COMMONLY KNOWN AS THE SOUTH ANNEXATION; AND, FOR OTHER PURPOSES. Mayor Swaim related that public hearings were held regarding the property, pointing out that the proposed annexed property begins at the Memorial Cemetery on Hwy. 161 to Wooten Road and across Wooten Road to St. Luke’s Baptist Church. He added that the proposed annexation would take in the Wooten Road/Hwy. 161 Intersection. He stated that the City has obtained enough signatures to annex by ordinance as opposed to having an election. It was pointed out that only three property owners did not sign the annexation order from a total of fifteen area property owners. Alderman Elliott moved, seconded by Alderman Smith to read Resolution 558. MOTION CARRIED. Whereupon City Attorney Bamburg read the title of Resolution 558. 3 City Attorney Bamburg explained that after passage of Resolution 558, a joint petition from the City, and the area property owners would be filed with the County Court. He stated that Judge Villains would then set a public hearing, and notice of said hearing will be published. He then CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2002 7:00 P.M. – 7:30 P.M. stated that all property owners affected would be notified of the public hearing. He went on to explain that anyone to address the annexation pro or con would be heard before Judge Villains makes his determination. He related that Judge Villains would then inquire of the Quorum Court regarding release of the property to the City. After being approved, an Ordinance will be brought back to the City Council for acceptance of the property into the City of Jacksonville. In response to a question posed by Alderman Fletcher, Mayor Swaim explained that under annexation the only item the City has to address is utilities. He stated that the Water Department has a proposal to go into that area in the near future and the Wastewater Department is working on a sewer project that could include the annexed area. He went on to say that the City of Jacksonville would offer Fire and Police protection, but would not committee to curb and gutter. He added that the City of Jacksonville would also provide animal control and sanitation services. He stated that the property consists of one 80-acre tract and six single- family residences, adding that the cemetery consists of approximately 40- acres totaling over a hundred acres. Alderman Wilson commended the Mayor, City Attorney Bamburg and City Engineer Whisker for their efforts, benefiting the community long-term. Alderman Smith moved, seconded by Alderman Wilson to approve Resolution 558. MOTION CARRIED. Mayor Swaim related that consideration for a west annexation is being worked, adding that currently there is not the level of cooperation desired. He stated that one or two property owners are needed before efforts can proceed. He related that efforts to annex without an election would be the most desirable situation. c. REQUEST TO ACCEPT BID for Animal Shelter Masonry Work Public Works Director Jim Oakley related that four invitations to bid were sent out but only one was returned. He stated that O’Roark Masons is a reputable company that has performed work for the City in the past. He then related that Project Coordinator Phillip Keaton had evaluated the bid and determined that it was a reasonable quote within 10% regarding some extra rebar that was required for the project. Alderman Smith moved, seconded by Alderman Sansing to accept the bid from O’Roark Masons Inc. in the amount of $33,904.00 with funds to be drawn from the Capital Improvement Fund. MOTION CARRIED. 4 d. Revisions to the Community Development Policy and Operating Manual CDBG Director Theresa Watson explained that of the two housing programs offered by their Department, the CDBG program is funded through HUD and the home program is funded through the Arkansas Development Finance CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7, 2002 7:00 P.M. – 7:30 P.M. Authority (ADFA). She then related that ADFA program funds must be competed for, explaining that each year ADFA updates their policy guidelines. She stated that the rehabilitation portion of the program is a forgivable loan up to $25,000., additional loan monies could be reused by the City for additional projects, adding that with new policy changes all loans required for repayment go back to ADFA. She related that also the CDBG program notified them in December that starting in the 2002 program, a fund balance of more than 1.5% of grant funds would be penalized with probation and further funding could be lost for consecutive years over balance. Alderman Wilson moved, seconded by Alderman Howard to approve revisions to the CDBG Policy and Operating Manual. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim related that Council Committee appointments will remain the same and that Alderman Howard will serve as Vice Mayor for the 2002 calendar year. City Hall will be closed February 18, 2002 in observance of President’s Day. Mayor Swaim complimented the City Street Crews, pointing out that the Street crew was out early during the snow to make the roads ready for morning traffic. UPDATE PROPERTY NEAR WHIT DAVIS City Attorney Bamburg updated that the appraiser was furnished additional information and the appraisal should be finished within a week. He stated that an appropriate offer would be made before considering condemnation. Mayor Swaim related that the City is working on the new Itinerate Merchant Ordinance, pointing out that Alderman Stroud has ask City Attorney Bamburg to provide written guidance regarding the interpretation. Compliments were offered regarding the new Ward maps. Alderman Howard announced the Senior Citizens Center Annual Roast will be th held February 28; adding that Alderman Ray is the man of honor this year. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:30 5 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 6