94 APR 21.docCITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular Session on April 21, 1994 at the regular meeting place of the Council. Alderman Smith delivered the invocation
after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag.
Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Finance Director
Paul Mushrush, Parks and Recreation Director Annabelle Davis, Economic Development Director Phil Sullivan, Industrial Specialist Jerry Halsell, Fire Chief Rick Ezell, Police Chief Larry
Hibbs, other city employees, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of April 7, 1994 for study and action at the next Regular City Council Meeting.
ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL. Alderman Lewis arrived at approximately 7:06 p.m. PRESENT TEN (10),
ABSENT (0).
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of March 17, 1994 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
POLICE DEPARTMENT: REGULAR MONTHLY REPORT/MARCH 1994
Alderman Knight moved, seconded by Alderman Wilson that the Regular
Monthly Report of the Jacksonville Police Department be approved. Said report reflects: Computer Collections, $57,519.96, Miscellaneous Payments $ 307.50, Report Copies $517.50
for a total
Collections of $58,344.96. ROLL CALL: Aldermen: Knight, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED.
FIRE DEPARTMENT: REGULAR MONTHLY REPORT/MARCH 1994
Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report for March 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated
fire loss of $82,800.00 for the month of March 1994.) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Twitty voted AYE. NAY 0. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
CDBG: REGULAR MONTHLY REPORT/MARCH 1994
Alderman Knight moved, seconded by Alderman Wilson that the Regular Monthly Report for March 1994, of the Community Development Department be APPROVED. Said report reflects:
Informal Meetings .......................................0
Public Hearings .........................................0
a. Letters to prospective applicants....................10
b. Applications received ................................4
c. Bid Openings .........................................4
d. Work write-ups & estimates ...........................3
e. Pre-construction conferences .........................4
f. Paperwork for HOME Projects ..........................4
g. Interim Inspections .................................27
h. Final Inspections ....................................2
i. Partial payments .....................................0
j. Project Close-outs....................................2
Public Works:
a. Bids Received ........................................0
b. Interim Inspections .................................15
c. HUD Workshops ........................................1
ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED.
RECYCLING: 1st QUARTERLY REPORT of 1994
Alderman Knight moved, seconded by Alderman Wilson that the quarterly recycling report be APPROVED. Said report reflects the following for the first quarter of 1994 and year to date
totals.
1994 1994
1st Qtr 1st Qtr
lbs $
Alum. Cans 3,780 1,371.10
Newspaper 197,920 1,682.35
Plastic #1 9,490 521.95
Plastic #2 12,520 845.10
Computer Paper 340 26.50
White Paper 4,760 62.65
Mixed Paper 9,900 none
Cardboard 37,510 276.55
Scrap Metal 7,690 79.00
Mulch Sold n/a 45.00
Totals 283,910 4,910.20
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CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED.
Public Works Director Skip Spears related that the quarterly report is compared to the same quarter of the previous year giving a more accurate comparison with regard to seasonal activity
experienced by the Recycling Department. He related that there is a 61% increase in weight of recyclables collected and a 131$ increase in monies collected which is due to the significate
increase in the amount collected per pound for newspaper and aluminum cans. He related that this increase will most likely narrow going into the next quarter and that overall increases
are expected as recycling efforts expand.
Mayor Swaim related that even with the hundred plus increase it only amounted to $4,900.00 relating that even with a great increase recycling is not a profitable business adding that
while we do not necessarily make money, we save money from using landfill services.
DEVIATION IN AGENDA:
Mayor Swaim related that certain groups or individuals who have participated in the "Adopt A Street" program were present to be honored for their volunteer work adding that the efforts
made by these people have made a difference in the appearance of major areas located throughout the City. He encouraged other civic minded organizations or individuals to come forward
and work with the "Adopt A Street" program. The following organizations and/or individuals were recognized for their volunteer work in the "Adopt A Street" program as Certificates of
Appreciation were presented.
Kiwanis Club Main Street Exit to Freeway
Jacksonville Chamber of Commerce Marshall Road
Glenn and Connie Keaster West Main Street Redmond/Harris
Youth Making A Difference Loop thru Graham to Northeastern
Jennifer Wilson Street by Fred's Dept. Store
Pace Setters CB Club Graham Road to Loop Road
Residents of Jaxon Heights Gen. Samuels Hwy 107 - Harris
Coldwell Bankers and
Quality Real Estate Madden Rd. T.P. White &
Northeastern
Sr. Girl Scout Troop 140
Cadet Girl Scout Troop 297 Gregory Place to Walmart
Toby Hove portion of General Samuels
Mayor Swaim expressed appreciation to all named and unnamed individuals who are engaged in the "Adopt a Street Program".
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & REC DEPARTMENT: ORDINANCE 1021 (#4-94)
Mayor Swaim related that the Ordinance is on its second reading adding that Parks and Recreation Director Annabelle Davis would like to address Council regarding information for pool
repairs.
Mrs. Davis related that Jerry Baldwin of Cabot Industries is in contact with a pool fiberglass company based in Florida stating that his best estimate of complete repair is between nine
to ten dollars per square foot, estimating approximately 6,000 square feet, the project will range fifty to sixty thousand dollars. She related that it had cost thirty-four thousand
dollars seven years ago which resulted in a poor job and that of the seven thousand dollars for repairs this year almost half is labor.
In response to a question posed by Alderman Wilson, Mrs. Davis related that the contractor had not used a good crew apparently. She related that the moisture behind the fiberglass creates
cracks as it seeps through, expanding as it freezes and thaws.
Mayor Swaim related that the company was sued for the poor repairs which were completed in 1987, adding that this is a prime example that the low bid is not always the best bid. He stated
that even through the efforts of the lawsuit, the City was unable to force the company to perform as promised. He related that we find ourselves in a patching mode trying to maintain
the pool from year to year adding that the pool is twenty-five years old requiring a lot of maintenance due to that factor.
Alderman Smith moved, seconded by Alderman Knight, to place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, William on, Keaton
and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (O) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
Alderman Wilson moved, seconded by Alderman Knight, to suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read
the Ordinance for the THIRD AND FINAL TIME.
Alderman Lewis moved, seconded by Alderman Wilson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, William on, Keaton
and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0) Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE ADOPTED AND NUMBERED 1021 THIS 21st DAY OF APRIL 1994.
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: UPDATE: Inoperable Automobiles
City Attorney Bamburg pointed out that the memo before the Council contains applicable law regarding inoperable automobiles. He noted the highlights of the content of the memo.
He said that the law allows the City to tag a vehicle and remove it within twenty-four hours if it is on a street and has been abandoned, with regard to violations for public property.
He pointed out that if the vehicle is within six feet of a street, three days notification, from the tagging date, has to be given.
He said that public property in our city has been taken care of since 1989 by the Jacksonville Police Department.
He pointed out that private property seems to be the biggest area of concern adding that the following are ways to approach the problem. (1) abandoned property on property belonging
to another person can be (a) towed away by the property owner or (b) within a certain period of time, with proper notice being given, dismantled or sold.
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CITY of JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING
APRIL. 21, 1994
7:00 P.M. - 8:15 P.M.
For an inoperable automobile located on property belonging to its owner there is a different circumstance. He pointed out that by ordinance an inoperable vehicle is defined as one
that is in a state of repair and is incapable of moving under its own power.
He said that the city can site those vehicles when there is open storage and take care of them with a given twenty one to thirty day notification period to the owner to get rid of the
vehicle. He pointed out that a citation is the next action by the City. He related that if the vehicle is an antique or something of that nature, the Code Enforcement Officer takes that
into consideration.
He pointed out that the City of North Little Rock, gives their residents seventy-two hours to remove inoperable automobiles adding that Sherwood allows one inoperable vehicle per platted
lot, stored out in the open, in their city. He went on to explain that vehicles in carports, garages or storage buildings are not in included in this provision.
He said that the bigger issue comes into play dealing with commercial property. He pointed out that if commercial property deals with automobiles, care has to be taken with the enacting
of ordinances which relate to those areas due to infringing on someones right in operation of their business. He went on to say that some cities do not touch that area, that fencing
requirements, sight and sound separation requirements and the like can be enacted. He said that all limitations have to be applied to any business which stores equipment outside, pointing
out that inconsistent application of the same could cause lawsuits, declarations of unconstitutionality, etc.
He asked the Council to review the information and give directives for the drafting of an ordinance with regard to the matter of inoperable automobiles.
Alderman Wilson voiced that he felt zoning laws would cover the commercial areas regarding inoperable vehicles.
Mayor Swaim pointed out that there is a problem with the time delay in getting vehicles removed, noting paperwork involved. He related that more time is needed for the enforcement
officer to take care of the problems within the city at present, suggesting that some money reserved at budget time to provide help for the officer be utilized to bring someone on board
for a three to six month period to help Mr. Cox, Code Enforcement Officer.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL METING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
City Attorney Bamburg pointed out that there are some changes which can be enacted in our current ordinance for residential areas that are not very complicated that will make the removal
process easier.
It was noted that the policy of the Code Enforcement Officer is issuing citations, that towing vehicles has not been practiced.
It was suggested by Alderman Ray that City Engineer Reel, Mr. Cox and City Attorney Bamburg strengthen the ordinance and bring it before the Council for their approval.
A suggestion of permitting with regard to time of repairing an automobile was made by Alderman Fletcher.
Mayor Swaim pointed out that there is a condition providing for the restoration of antique cars adding that friendship situations for working on cars seems to add to the inoperable car
problem as well as yard clutter. He said that he felt the ordinance should be clarified and simplified so that a better job can be done and that the process is complicated and harder
than the moving.
Alderman Knight voiced that she favored increasing the staff in the area of code enforcement noting that the time of year being entered will tax the Code Enforcement Office.
Mayor Swaim pointed out that caring for yard conditions during the summer season can be very difficult, that the problem will need to be addressed.
He pointed out that on the roadway, the Police Department is involved with regard to the inoperable automobile problem and suggested that a representative from that department serve
with those who were chosen to work toward a new ordinance.
It was pointed out by Mayor Swaim that the condemnation of houses in the community is also a part of the work done by the Code Enforcement Officer and that hopefully the city will be
able to speed up the process.
DISCUSSION: Domestic pigs/pot bellied pigs as pets
Alderman Keaton related that Ms. Betty Bowles had contacted him in regard to being placed on the agenda as an item for discussion concerning keeping pot bellied pigs as pets. He related
that other communities have adopted a more passive ordinance with non-ordinary animals as pets. He stated that information concerning animal rights, laws or activist groups should be
gathered in order to help
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
determine if unusual animals could be considered as domestic pets with possible restrictions for the different types of animals such as fences and sizes of the yards with consideration
to the types of debris accumulated by these animals.
Alderman Sansing related that Mrs. Kay Thomas would like to address the Council concerning just Vietnamese pot bellied pigs.
Mrs. Kay Thomas, 1009 Sorrells, presented the Council with photographs in order to give some idea of the size of a pot bellied pig. She related that her husband is disabled adding that
the pig is company for him as he is home alone during the day. She stated that regular farm pigs will reach as much as 125 to 300 lbs. whereas the pot bellied pig she would like to keep
weighs between 40-50 lbs. She related that they can be trained and house broken and that she felt they make great pets.
Mayor Swaim voiced that the problems are more in the enforcement end of the situation asking Public Works Director Skip Spears to address the issue from that perspective.
Mrs. Thomas asked if she might interject at this point to relate that pot bellied pigs do not have the odor of a regular farm pig.
Alderman Knight related that the problem is not due to any particular type of pet but the owners who do not properly care for their property or their pets.
Public Works Director Skip Spears related that as far as Animal Control is concerned there are two types of pet owners, irresponsible and responsible pet owners who clean up after their
pets making sure they do not disturb neighbors. The conflict usually begins when houses are close together and one neighbor complains, while the owner of the pet denies that there is
a problem as a result of different philosophy about how pets should be outside. He related that currently the ordinance addresses all pigs in the same manner and strictly prohibits the
keeping of pigs as pets while other livestock is regulated with restrictions concerning square footage of lots and different distance areas depending on the size of animal. He related
that some people will just have a natural aversion to a pig living next door, adding that as far as Animal Control is concerned they will enforce what the City Council desires. He stated
that if exotic animals are to be treated like pets then the same restrictions that apply to dogs should also apply for exotic pets falling under the same ordinance. He related that if
it is the desire of Council to allow exotic pets, caution should be taken as to what kind will be allowed.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
Mayor Swaim related that there is a numerous amount of complaint calls already received by the Animal Control Department and that he is concerned that they will increase greatly making
more manpower necessary.
Alderman Ray pointed out that pet ownership is not known in most cases until complaint calls are received.
Mr. Spears stated that there is a wide range of "exotic" pets which people find attractive and desire in their homes.
City Attorney Bamburg said that Little Rock & North Little Rock treat the pot bellied pig in the same fashion as dogs in regard to licensing, shots, leashes, etc.
The following committee was formed, Alderman Knight, Alderman Williamson and Alderman Sansing.
Alderman Knight voiced that she felt people should be able to choose the pet they want but that they should accept full responsibility of the pet and how it relates to neighbors as well
adding that the levy needs to be against the owners.
Mayor Swaim stated that he was opposed to the pot bellied pig as a pet.
Alderman Smith requested input from the public on the issue.
Mayor Swaim requested that the committee meet with the City Attorney before the next Regular City Council Meeting and work on the presentation of a new ordinance.
APPOINTMENTS:
WATER COMMISSION: Re-appointment of Mr. Thad Gray for an eight year term to expire 4/20/2002
Alderman Fletcher moved, seconded by Alderman Wilson that Mr. Thad Gray be re-appointed to the Water Commission for a term to expire April 20, 2002. MOTION CARRIED.
SEWER COMMISSION: Appointment of Mr. Kenneth McGhee for a five year term to expire 4/20/1999
Alderman Fletcher moved, seconded by Alderman Wilson that Mr. Kenneth McGhee be appointed to the Sewer Commission for a term to expire April 20, 1999. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
APRIL 21, 1994
7:00 P.M. - 8:15 P.M.
At this time, Mayor Swaim requested that the rules be suspended and that the APPOINTMENT OF A POLICE CHIEF FOR THE CITY OF JACKSONVILLE be placed on the agenda.
Alderman Smith moved, seconded by Alderman Knight that the rules be suspended and that the APPOINTMENT OF A POLICE CHIEF FOR THE CITY OF JACKSONVILLE be placed on the agenda. MOTION
CARRIED.
Mayor Swaim recognized Mr. Mitchell to make the recommendation of the Civil Service Commission to the City Council.
Mr. Mitchell stated that three persons were interviewed, and that Mr. Larry Hibbs was recommended as Police Chief for the City of Jacksonville.
Alderman Fletcher moved, seconded by Alderman Ray that Mr. Larry Hibbs be appointed Police Chief of the City of Jacksonville. MOTION CARRIED.
Chief Hibbs was recognized by Mayor Swaim and expressed that he was very pleased to represent the Jacksonville Police Department and to be given the privilege to serve as Chief of Police.
Mayor Swaim expressed appreciation to the Civil Service Commission for their work in the selection of Police Chief.
ANNOUNCEMENTS:
Alderman Wilson invited everyone to a ribbon cutting at the First Jacksonville Bank, Wednesday, 27, 1994. He expressed appreciation to city employees for their help.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 8:10 p.m.
Respectfully,
__________________________ __________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer
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