07 SEP 20.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
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 September 20, 2007 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation
and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum.
PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Acting Deputy Clerk Carol Vaughn, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource
Director Jill Fourqurean, Finance Manager Cheryl Erkel, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Police Chief Robert Baker,
Mrs. Judy Swaim, Mrs. Edith Smith, Mr. Alfonso Nations, Mrs. Addie Gibson, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of September 6, 2007 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 16 August 2007 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for August 2007 from the Jacksonville Fire Department, which reflects a fire loss of $1,200.00
and a savings total of $48,800.00.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for August 2007. Said report reflects:
ADOPTION/FINES: $3,167.50
CONTRIBUTIONS: $ 0.00
TOTAL: $3,167.50
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for July and August 2007. July report reflects the Total Value of Reported Stolen Property
$81,186. Total Value of Recovered Stolen Property $33,984 and Total Report Sales $1,342. August report reflects the Total Value of Reported Stolen Property $79,190. Total Value of
Recovered Stolen Property $26,243 and Total Report Sales $1,034.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7:00 P.M. – 7:30 P.M.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. Request to Accept bid for Asbestos Removal & Demolition
Mayor Swaim noted that the item was bid twice, noting that the low bid was $46,000.00, which was more than budgeted. He continued that it was rebid and the City was able to secure a
contractor that was used previously by the City in the amount of $25,600.00.
Alderman Elliott moved, seconded by Alderman Stroud to accept the low bid from Wards Asbestos in the amount of $25,600.00 with funds to be drawn from budgeted funds. MOTION CARRIED.
b. PRESENTATION Reuse Park (Recycling Education Park)
Mayor Swaim noted that an area near the Recycling Center has been designated for a Recycle Park. He related that he had asked Mr. Newport to address the City Council regarding a proposal.
Mr. Newport related that the Arkansas Department of Environmental Quality is partnering with Keep Jacksonville Beautiful along with the Arkansas Coalition for Recycling, Pulaski County
Solid Waste Management District, and Keep Arkansas Beautiful regarding the development of the Park. He noted that he had offered the park for awards and is consistently applying for
grants. He then explained that he plans to have the park included in the tourism brochure as a tourist destination for Jacksonville, once it is completed.
He stated that as part of the plan for the Park, he is proposing the exhibition of “found art sculpture”, explaining that Arkansas happens to be home to some of the best sculptors of
found art. He related that he would be meeting with Mr. Gene Hatfield, one of Arkansas’s found art sculptors. He went on to review magazine articles featuring found art projects and
offered the City Council photographs of exhibits of found art. He explained that his proposal to locate the recycling park to the north side of the entrance of the Recycling Center
and have the two acres on the other side of the entrance have found art exhibits. He stated that his plan would be to offer space solely to Arkansas artists, adding that later that
could be expanded to other artists. He stated that it would develop into a sculpture park, adding that he discovered online a growing number of these parks in the United States. He
noted that the average price of the larger sculptures is approximately $60,000.00. He added that his contact at the Tourism Bureau was enchanted with the idea. He explained that some
parks offer the art for sale while others cycle in and out various artist works. He stated that he believes the City could accomplish creating the park with a fairly small amount of
money. He
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7:00 P.M. – 7:30 P.M.
added that the key would be the architectural landscaping, adding that he has not been able to find anyone willing to do the landscaping probono.
Mayor Swaim stated that he is familiar with this type of art and feels that it would be an added asset for the City. He added that he feels there is a good possibility that significant
funding could be secured through donations or bartering. He stated that he wanted to offer the City Council an opportunity to become familiar, adding that plans are to begin soon with
the pavilion to start the park. He noted that the landscaping would take some time.
Mr. Newport related that the landscaping would have to wait until the construction is completed.
Mayor Swaim noted that the sculptor in Conway is a retired college professor from UCA and does very significant work.
Mr. Newport invited the City Council to join a luncheon with the artists and tour the area planned for the park.
c. ORDINANCE 1320 (#19-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY FORMERLY KNOWN AS THE HALLELUJAH TRAILER PARK, VALENTINE ROAD); AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Mayor Swaim noted that the property being reclassified was formally a trailer park to single-family. He explained that the trailer park was a significant code enforcement issue, adding
that the rezoning is a plus for the City.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1320 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1320.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1320 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Howard moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1320 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1320.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7:00 P.M. – 7:30 P.M.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1320 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1320.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1320 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1320 THIS 20th DAY OF SEPTEMBER 2007.
APPOINTMENT(S):
ANNOUNCEMENT(S): Annexation Action with Sherwood
City Attorney Bamburg reviewed that in May the City had appealed an award of annexation from the County court, adding that the order from Judge Kilgore against the City of Jacksonville
has been finally been issued as of September 11, 2007. He explained that the City of Jacksonville has 30 days in which to provide a notice of appeal if that is the action the City Council
wishes to take. He stated that because of the extensive nature of the annexed area and the effect to the City of Jacksonville, he urged the City Council to give the matter thought regarding
the appeal. He stated that the City of Jacksonville has until October 10th to decide if the City wants to appeal.
In response to a question posed by Alderman Smith, City Attorney Bamburg stated that he did feel that in this circumstance the City of Jacksonville did present sufficient evidence to
support blocking the annexation and showing that the parties had not met the requirements of the statutes. He clarified that the statue is very specific as to the things that have to
be presented in order to do an annexation of that nature. He related that part of the problem was technicality and some was the manner in which they proceeded or proposed regarding
property development, which is not in accordance with what was presented or authorized by State statute. He explained that there is a State statute that authorizes only the City of
Jacksonville to address exclusive jurisdiction for the AICUZ zone. He added that Sherwood is not in a position according to the statutes to implement such an ordinance or requirements.
He stated that Jacksonville’s jurisdiction for that territory still exists and parties will have to address it. He stated that this was one of the statutes that he brought to the Court’s
attention, but did not feel that it was given due concern and influence. He concluded saying that he believes the decision has merit for appeal.
Mayor Swaim noted that while he agrees with the consensus to appeal, the property in question does not take in a significant amount of the total property.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2007
7:00 P.M. – 7:30 P.M.
Director of Administration Jay Whisker clarified that the AICUZ portion of the property consists of the top half of Tracts 2 and 3 and a small corner of Tract 1.
Discussion ensued regarding the total acreage represented by the AICUZ zone. City Attorney Bamburg clarified that the total acreage annexed was approximately 2,000 acres and the amount
of property the City of Jacksonville focused on was approximately 1,100 acres. He stated that he believes of that portion approximately 500 acres are AICUZ. He stated that in using
the common boundary of Bayou Meto and following Hwy 107 going up is the main area that was used to determine the main focus, adding that a part of the AICUZ is in this area. He stated
that there are limitations under the ordinance that prohibits certain developments or the density, which is the big factor under the AICUZ ordinance. He stated that presentations by
the property owners were not in accordance with what the AICUZ ordinance allows.
Discussion ensued regarding the status of appeal regarding State statute and the authority of the AICUZ zone. It was noted that this case would be appealed to the State Supreme Court.
Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rules and place the item of business concerning the appeal of the annexation court case on the agenda. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Stroud to authorize City Attorney Bamburg to appeal the ruling in the recent annexation case with Sherwood and to expend documentation funds
as necessary. MOTION CARRIED.
Alderman Ray stated for the record that he would like East Valentine Road to be annexed up to Interstate 40.
Mayor Swaim announced that Northeastern Avenue will continue to be closed until September 28 due to complications with pipe bursting work being performed by the Wastewater Department.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:24 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer