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95 SEP 07.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7,1995 7:00 P.M. - 7:35 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 September 7, 1995 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. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL. Present, ten (10). Absent (0). Mayor Swaim also answered ROLL CALL, declared a quorum, and expressed appreciation for those in attendance. Others present for the meeting were: City Engineer Duane Reel, Deputy City Clerk Susan Davitt, City Attorney Robert E. Bamburg, Economic Development Director Phil Sullivan, Planning Commission Chairman Art Brannen, Industrial Specialist Jerry Halsell, Judy Swaim and Edith Smith, 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 August 17, 1995 for study and action at the next Regular 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 August 3, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Animal Control Regular Monthly Report/August Alderman Wilson moved, seconded by Alderman Sansing to APPROVE the monthly Animal Control Report for the month of August 1995. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 584.50 SECURITY DEPOSITS..........................$ 275.00 TOTAL..................................... $ 859.50 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 1995 7:00 P.M. - 7:35 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid: Sandblast and Paint Bayou Meto Bridge Mayor Swaim recognized City Engineer Reel who briefed the Council with regard to the method to be used in the sandblasting and painting of Bayou Meto bridge. He said that EPA guidelines will have to be followed in the project in that the paint used years ago on the bridge contained lead. He related that the cost of sandblasting is approximately $9,600.00 and that $8,400.00 is related to handling the requirements of EPA. He pointed out that the paint to be used after the blasting and clean-up will not contain lead or hazardous material. Alderman Smith moved, seconded by Alderman Knight to accept the bid of $18,000.00 from McCormick Painting Co. for the sandblasting and painting of Bayou Meto Bridge with payment from the Street Department Construction Funds. MOTION CARRIED. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Authorization for Mayor Swaim to Negotiate easement with Products Pipeline Co. Mayor Swaim pointed out that several years ago a lease was granted to the pipeline company to use property owned by the City of Jacksonville and that now the request is for twelve acres for the expansion of their operation at the location. He pointed out that either a lease or an easement would be fitting and that the property is not usable by the City. He related that he would like to negotiate with the company regarding some timber on the parcel. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 1995 7:00 P.M. - 7:35 P.M. Alderman Wilson requested that if negotiations are completed that any clean-up requirements by EPA be included as the responsibility of the pipeline company and not the City of Jacksonville. Alderman Smith moved, seconded by Alderman Ray that the Mayor and City Clerk be given authority to negotiate a contract, by lease or by the granting of an easement, between the Products Pipeline Company and the City of Jacksonville for approximately 12 acres of property. MOTION CARRIED. b. ORDINANCE 1049 (#12-95) Name Change for Industrial Drive AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL ORDINANCE NOS. 213 AND 238; RENAMING INDUSTRIAL DRIVE; FOR PROPERTY USE PROVISIONS AND DESIGNATIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Knight, that Ordinance be placed on FIRST 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. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Sansing moved, seconded by Alderman Ray, that Ordinance be accepted on FIRST READING. Discussion included providing a grace period which would allow area businesses addressed off Industrial Drive an opportunity to deplete their office supplies. Mayor Swaim related that the street extension is expected to be completed within a month, adding that the street will officially be opened as Municipal Drive. He stated that the Postal Service will continue to deliver mail addressed as Industrial Drive for a period of time. 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 ACCEPTED ON FIRST READING. Alderman Sansing moved, seconded by Alderman Ray, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 1995 7:00 P.M. - 7:35 P.M. Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Sansing moved, seconded by Alderman Lewis, to further 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 Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Ray moved, seconded by Alderman Wilson that Ordinance 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. Alderman Ray moved, seconded by Alderman Smith 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 APPROVED AND ADOPTED AND NUMBERED 1049 THIS 7th DAY OF SEPTEMBER 1995. c. UPDATE: Graham and Rogers Road Landfill Progress Mayor Swaim complimented the efforts of the Street Department with regard to Graham and Rogers Road Landfill improvements. He announced that a ceremony is forthcoming at the end September, inviting DPC&E, EPA, local officials, and general public to attend. He stated that all parties involved are satisfied with the way the improvements were handled. d. Library ad-hoc committee appointment Mayor Swaim related that it has been many years since there was an update of the existing inter-local agreement, adding that Jacksonville has not always been assured a representative on the board. He stated that Mr. Bobby Roberts from the Central Arkansas Library System has requested that the City Attorney and one Council Member be appointed to an ad-hoc committee which will review present policies. He related that some recommendations concerning the sharing of maintenance will be to the advantage of Jacksonville, adding that currently Jacksonville pays for any maintenance cost with regard to the facility. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 1995 7:00 P.M. - 7:35 P.M. Alderman Sansing volunteered to represent Jacksonville on the committee and expressed his pleasure at being able to serve if his work schedule allows him to do so. Alderman Lewis volunteered in the event Alderman Sansing discovers he will not be able to join the committee. APPOINTMENTS: ANNOUNCEMENTS: Jacksonville Towers announcement: Alderman Ray invited the audience to attend a ceremony luncheon to be held at the Jacksonville Towers on October 3, 1995 at 12:00 p.m. Alderman Ray also announced that the Jacksonville Elderly Center will host a carnival September 9, 1995 to be held on School Drive. Economic Development: Mayor Swaim related that Economic Development will host a meeting with the Urban Design class from the University of Arkansas at Fayetteville Tuesday September 12, 1995, 12:00 p.m. at the Ramada Inn. He related that the entire class will attend and work on the project which will develop ideas for the downtown Main Street area. Phil Sullivan related that efforts are through the Agricultural Extension and Mr. Bowerman who is the Pulaski County Agent. He stated that the class has been asked to provide a street scape for the blocks on Main Street from Jeff Davis to Second Street. He related that a $250.00 prize has been offered to the student with the winning design, adding that there will be at least six different designs to choose between. Mayor Swaim encouraged participation, outlining increased trade and new business as some of the benefits the City of Jacksonville will gain through revitalization of the downtown area. Metro Plan Meeting: Mayor Swaim announced that the Planning Commission will hold a training session Tuesday September 12, 1995, 6:00 to 9:00 p.m. at City Hall. He added that the Planning Commission will also be very instrumental with the re-design of the downtown area. He related that one consideration is low interest loans that could be provided to the area businessmen. He stated that one concern was the ending of funding for Economic Development, adding that the City would apply for another year of grant money and that it would be a travesty not to continue with the project. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 1995 7:00 P.M. - 7:35 P.M. Portable Signs: Alderman Knight expressed concerns with regard to the sign ordinance and portable signs located in Jacksonville. Mayor Swaim related that there were certain restrictions involved with the use of portable signs. He reminded the Council of a recent lawsuit from a portable sign company which the City won. He related that he has met with the City Engineer regarding the portable sign situation and that they have looked at possible revisions for the sign ordinance. He cited that the City of Sherwood has a stronger sign ordinance which has withstood a test case, which will be a consideration for the City of Jacksonville. Other considerations and concerns were discussed with regard to the aesthetics of portable signs. Hazardous Traffic: Alderman Fletcher remarked that there is a hazardous traffic problem with regard to a mobile home lot located on John Harden Drive which restricts the view of drivers entering on James Street from the convenience store. Mayor Swaim related that this has been investigated in the past and the owner has been asked to correct the situation, adding that the Code Enforcement Officer will be asked to look at the problem again and request any necessary corrections. He stated that they can be made to move from the right-of-way, adding that the City has no provision for limiting the number of mobile homes on the lot. Mayor Swaim related that pictures are available relating to bus tours made by citizens who are interested in the overall appearance of the downtown area and that they are available for viewing at the department of Economic Development. In response to comments made by Alderman Fletcher, Mayor Swaim related that the formation of a Downtown Merchants Association is being encouraged, allowing merchants and property owners to govern themselves. He stated that the City is somewhat restricted regarding private property adding that it will take cooperation from the merchants and property owners. Mayor Swaim commended Code Enforcement Officer Vern Howell for the yard and abandoned vehicle clean up efforts in the City, adding that this has caused a rash of complaints from citizens who resent having been asked to bring their property up to code. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 7, 1995 7:00 P.M. - 7:35 P.M. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:45 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer