03 MAY 01.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
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 May 1, 2003 at the regular meeting place of the Council. Alderman Smith delivered the invocation and
Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT
nine (9), ABSENT (1). Alderman Lewis was absent.
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance
Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Police Chief Ruthven,
Fire Chief Vanderhoof, Mrs. Helen Stroud, Mrs. Judy Swaim, Mr. Larry Smith, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council meeting of April 17, 2003 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 Sansing that the minutes of the Regular City Council Meeting of 3 April 2003 and the minutes of the Joint City Council and Planning Commission
meeting of 3 March 2003 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for March 2003. Said report reflects:
ADOPTION/FINES: $605.00
CONTRIBUTIONS: $ 0.00
TOTAL: $605.00
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
STREET DEPARTMENT:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
PARKS & RECREATION: Request to Accept Playground Equipment/Stonewall Park
Parks and Recreation Director George Biggs related that the Playground Equipment is a budgeted item. He stated that the old equipment has been removed from the park and is being replaced
with a play system for ages 5 to 12. He added that ADA, CPSC, ASTM requirements have been met, and responded that the unit size is 25 X 29 X 11. He stated that his recommendation would
be for Pacheco Outdoor Equipment.
Alderman Elliott moved, seconded by Alderman Smith to accept the low bid from Pacheco Outdoor Equipment in the amount of $14,545.20 with funds to be drawn from Budgeted Equipment Items.
MOTION CARRIED.
In response to a question from Alderman Wilson, Parks and Recreation Director George Biggs responded that installation would take a few weeks.
PLANNING COMMISSION:
GENERAL: UPDATE: Landscaping Ordinance Committee
Alderman Stroud reviewed that the Planning Commission has requested a landscaping standard regarding development in the City, adding that there had been a large amount of discussion
in the Joint Meeting, which mostly centered on requirements for residential construction. He stated that following the Joint meeting; City Engineer Whisker conducted a survey with the
Planning Commission and City Council members. He related that that the survey revealed that most responses were in favor of a landscaping ordinance, adding that there were a considerable
number of members on the Planning Commission that wanted a reinstitution of residential landscaping requirements. He stated that Planning Commission has returned the project to the
Landscaping Ordinance Committee and that Mr. Tommy Bond has proposed a percentage sliding scale based on construction costs, which will be presented to the committee at the next scheduled
meeting. He concluding saying that the committee and Planning Commission should have a formal recommendation for the City Council very soon.
In response to a question posed by Alderman Wilson, Alderman Stroud related that the percentage scale has not been decided if it would included both residential and commercial. He added
that specifically it was discussed that lighter requirements would be considered for residential.
In response to a question posed by Mayor Swaim, Alderman Fletcher stated that VA loans do not have requirements regarding landscaping.
UPDATE: Advertising and Promotions Commission
Alderman Smith stated that the newly formed A&P Commission conducted its organizational meeting and is now planning to meet May 19th to review tax I.D. filing status and discuss the
philosophy regarding fund allocations and types of activities the Board would want to support. He stated that the Commission is still in the organizational mode.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
UPDATE: Sign Ordinance Committee
Alderman Smith related that meetings for the Committee have been quite lengthy, mentioning that the Committee has formed recommendations regarding stiffer fines for signs in rights-of-way,
adding that first a warning letter or call to the owner is made offering an opportunity to remove the sign before a citation is issued. He related issues regarding converting portable
signs into permanent signs, saying that a recommendation that as a minimum converted portable signs must be pole mounted and framed in a professional manner to be approved by the City
Engineer. He stated that political residential signs were recommended to be no larger than 24” X 25” and 4’ X 8’ for commercial and industrial areas. He stated that a sign permit would
be issued removing the verbiage regarding a sign decal. He related that banners and directional signage were discussed at great length, mentioning Committee concerns regarding the sizes,
manner of display, and maintenance. He stated that there were no formal recommendations regarding banners and that future discussion would continue with considerations for informational
signs. He added that the Committee would address regulations regarding pole signs for shopping centers.
In response to a question posed by Alderman Fletcher regarding small yard signs used by churches, Mayor Swaim stated that the largest concern regarding advertisement for churches is
that many of the signs are placed in rights-of-way. Mayor Swaim noted that the restriction regarding the number of times annually an organization is allowed to advertise. He stated
that the Sign Committee would address issues regarding those signs.
Alderman Fletcher offered that banners could be commissioned from one company to provide more conformity of signage.
Alderman Smith noted Committee concerns regarding banners centered mainly on maintenance issues.
Mayor Swaim noted that banners are ban from being hung across a City street, adding that the City set up an area for banner display at the end of the Fire Stone building on Main Street.
Alderman Smith noted that some Cities have ban banners.
DISCUSSION: City Taxicab Service
Mayor Swaim noted that the City has struggled to have an adequate taxi service for residents. He related that he has received complaints regarding the present taxi service in the City.
He stated that he felt stronger regulations for taxi service is necessary to ensure better service for the citizens. He pointed out that there has been dissension among the three taxi
services presently operating in the City, adding that unless the companies can come together and provide adequate service for the citizens, the City may have to reconsider granting taxi-service
franchises. He stated that there might not be a demand for as many as three services.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
It was the consensus to have City Attorney Bamburg review the current ordinance and make recommendation at the next regularly scheduled City Council meeting.
Mayor Swaim noted that the largest user of the taxi-service is the elderly, adding that some type of service is needed.
APPOINTMENT(S):
HOUSING AUTHORITY APPOINTMENT
Alderman Smith moved, seconded by Alderman Sansing to approve the appointment of Mrs. Pat Green to the Housing Authority Board for a term to expire 03/17/2007. MOTION CARRIED.
PARK AND RECREATION COMMISSION APPOINTMENT
Alderman Stroud moved, seconded by Alderman Howard to approve the appointment of Mr. Bobby Castile to the Parks and Recreation Commission for a term to expire 05/09/2007. MOTION CARRIED.
Chief Ruthven addressed the City Council explaining information provided to each workstation, he noted the Jacksonville Police Department has been awarded a Federal in Schools Policing
Grant for a total of $229,000 to allow for the hiring of two additional police officers for school resource purposes. He stated that the grant is three years of funding which the City
will match in the four year. He stated that experienced officers would be used in the schools and new officers would be hired to join the Department. He related that included is a
bulletin from the CJI (Criminal Justice Institute) featuring a positive article regarding the Police Department’s Community Orientated Policing programs. He stated that he has also
provided a copy of his certificate from Arkansas Commission on Law Enforcement Standards and Training certifying him as a Law Enforcement Officer.
Mayor Swaim noted that the Chief Ruthven has more than adequate proper training but lacked his certification.
Alderman Wilson suggested that the Municipal League be contacted regarding any taxicab research they may have conducted for other cities.
Alderman Smith commented on a letter provided that complimented the staff, saying that it is refreshing to have a positive written expression of appreciation from local developers of
a new church.
Mayor Swaim stated that the pastor of Grace Baptist Church related that the staff was very instrumental during the construction stage.
He then referred to a letter provided by Union Pacific Railroad, which he noted confirms the Railroad’s commitment to have the Graham Road crossing closed at the completion of the Main
Street Overpass. He related that the Metroplan Organization clearly stated that if the Railroad had not required the closing regarding the funding mechanism then Metroplan would have
had to require the closing.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
He stated that the closing is an issue of commitment made by the City as requested. He stated that there have been calls from citizens and that he had explained the circumstance to
help the public better understand the City’s position. He stated that it is his policy to live up to the commitment the City entered into. He stated that he has been disappointed regarding
some articles that have appeared in the media, which depict that he has not been forthright regarding the circumstance surrounding the request to close the crossing. He stated that
such statements are false, adding that he has been forthright and truthful which can be verified. He stated that the closing is a safety issue.
Alderman Sansing stated that he and many citizens are not happy with the closing, adding that it is an inconvenience. He stated that he is aware of the agreement, saying that he personally
feels the agreement was made under duress due to the Railroad stalling progress regarding the Overpass. He then stated that the Railroad is refusing to acknowledge the agreement in
writing. He stated that it leaves him wondering about the validity of the agreement.
Mayor Swaim stated that he made a commitment with the Railroad, saying that his statement is his bond and has never lied to any Council member or constituent. He stated that the agreement
was made to facilitate the building of the Overpass, saying that the agreement was to totally remove the crossing or at the least block the crossing. He stated that the Council could
renegotiate with the Railroad, but that he is not willing to go back on his word.
Alderman Ray related that he has informed constituents that he has spoken to that the Overpass was built to protect citizens and the Graham Road closing was closed regarding safety issues.
He stated that there had been some misinformation and it was believed that the City was going to close Trickey Lane. He stated that the Overpass is not a huge inconvenience, pointing
out that it takes approximately three minutes to travel through the Overpass. He stated that it is his hope regarding safety factors that the Graham Road Crossing will remain closed.
Alderman Smith stated that he had view three cars crossing the Loop Road Railroad Crossing when the arms blocking traffic were down. He stated obvious safety concerns and related that
he can understand the closing of the Graham Road Crossing.
Alderman Fletcher reminded everyone that the Main Street Railroad Crossing was a safety issue as much as twenty-nine years ago when he became a Council member. He stated his surprise
that the issue has been tainted rather than being a positive aspect for the Community. He reminded everyone that the Overpass is a major contribution to the Community and the positive
effects for economic development that the Overpass and the widening of Graham can bring to the Community.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
Alderman Wilson stated that the City has expended a large sum to open the east side of town safely, adding that if everyone would resolve to allow the Council time to widen Graham Road
and provide better access, in time it will be viewed as a positive move for the Community. He stated that while it may be a slight traveling inconvenience, everyone should focus on
the tragic death and the derailment at the Graham Road crossing in the 70’s and the accident at the Main Street Crossing involving the deaths of four young people. He stated that the
five million dollars was expended to ensure the safety of motorist traveling over the Railroad.
Alderman Sansing agreed that the opening of the Overpass has been a positive for the Community, adding that there is a large number of people who consider themselves disenfranchised
by the Graham Road cross closing. He related that he had received a large number of phone calls from such citizens and that residents living in Ward 2 wanted the Council to be aware
of their feelings. He stated that he agrees with the constituents that the crossing should not be closed.
Mayor Swaim stated that he has listened and responded to every call he received, but clarified that the statement that citizens are being disenfranchised is not correct. He related
that the citizens demanded the Overpass for many years. He noted that in the past there have been several attempts to move the project forward, however there was not enough money.
He stated that for anyone to feel disenfranchised is the opposite of the intent of the Overpass, which is open up the south and east side of town. He stated that the Railroad track
is no longer a barrier, and cannot be considered a separating device in the Community. He stated that the fact that the Graham Road crossing was going to be closed was discussed at
several public hearings held during the process. He said now that the City has made a commitment and moved on with that commitment there are some residents who are unhappy, adding that
he acknowledges their concerns, has listened and understands. He stated that while it seems to be unpopular, safety for the citizens is the first concern and is the main reason the
City received funding for the project. He reiterated that it opens up a portion of the Community to the rest of the town and that safety is the basis that has been worked for many years
to see the project to fruition. He stated that all citizens have a right and obligation to make their feelings known, but added that safety is the main issue.
Alderman Stroud stated that while he has mixed emotions, his sympathy is more for the business owners in the area than for the residents that may experience a small amount of travel
inconvenience. He noted that the Leader Newspaper has experienced some problems having delivery from large trucks, adding that the City can address issues to elevate that problem. He
stated that most of the citizens he has received calls from have expressed that they feel inconvenienced, but stated that he was glad to have the Overpass and feels that it is a great
asset to the City.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
Mayor Swaim stated that provision are being made to correct any problems, saying that the Public Works Department is looking at solutions to accommodate the turning radius problem.
He added that the problem would be resolved. He noted that there are three businesses in the area, but that most of the customer base is located on the east side of the Overpass regarding
any visibility change.
Alderman Elliott stated that it was his understanding from the initial meetings that the Railroad wanted the Graham Road Crossing closed. He stated that no one ever voiced opposition
in the public hearings.
Alderman Twitty stated that while she has received some complaints, she has received more positive comments. She related that many citizens understand that the crossing is not necessary
with the Overpass, noting that the crossing is dangerous. She stated that she felt people would become accustom to the change. She stated her support of the crossing being closed.
Alderman Howard noted that he grew up in the Sunnyside area and that the Overpass has been a topic of discussion since the 40’s. He stated that he is pleased to have the Overpass and
believes that the majority of the residents on the east side are glad to have the Overpass, adding that for safety reasons he feels is necessary to close the crossing.
Mayor Swaim noted that he has traveled the Overpass and without speeding has been able to move from Graham Road to North First Street in 1 minute and 20 seconds. He then noted other
traffic areas near Vandenburg, which are much more cumbersome.
Alderman Sansing questions any plans for a left turn signal at the light on North First.
Mayor Swaim responded that at this time there are no plans, adding that there has been discussion regarding revision of the area but plans have not been submitted to the Highway Department.
He noted that any plans would have to be approved by the State Highway Department. He stated that unless traffic were to become a backup issue at Second Street there would be no justification.
Alderman Twitty noted hazardous traffic conditions regarding cars making improper right turns onto the access road from the James Street Bridge. She suggested that the side of the road
be blocked from cars being able to maneuver an improper turn.
Mayor Swaim responded that the City has petitioned the Highway Department to rework both the intersections regarding milling, adding that an additional lane for the bridge was requested
in the past but has been refused.
Alderman Ray noted that Channel 11 aired a positive report regarding the Vertac Property Redevelopment project.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. – 7:40 P.M.
ANNOUNCEMENT(S): Annual Municipal League Conference June 18th to 20th 2003
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:40 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer