07 SEP 20.doc
CITY 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.
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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
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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,
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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.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1320 THIS 20 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.
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He stated that the City of Jacksonville has until October 10 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
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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,
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________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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