03 MAY 01.doc
CITY 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:
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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
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organizational meeting and is now planning to meet May 19 to review tax
I.D. filing status and discuss the philosophy regarding fund allocations
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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
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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
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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.
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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.
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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.
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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.
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ANNOUNCEMENT(S): Annual Municipal League Conference June 18 to 20 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
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