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97 OCT 02.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 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 October 2, 1997 at the regular meeting place of the Council. Alderman Lewis delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Fletcher, Keaton, and Howard answered ROLL CALL. PRESENT TEN (10), ABSENT (0). Mayor Swaim answered ROLL CALL and declared a quorum. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Director Murice Green, Finance Director Paul Mushrush, Police Chief Larry Hibbs, OECD Director Phil Sullivan, Mr. Steven Ward, intern from Mayor Swaim's office, 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 September 18, 1997 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of September 4, 1997 be APPROVED. MOTION CARRIED. CONSENT AGENDA: OECD AGENCY: Alderman Wilson moved, seconded by Alderman Smith that the Regular Monthly Report for September 1997 of the Economic and Community Development Department be approved. Said report reflects: Public Works: a. Bids Received.........................................1 b. Interim Inspections...................................2 c. Project Close-out.....................................0 d. Pre-construction Conference...........................1 Hag: Applications Processed...................................1 Grants Approved..........................................1 Approval Pending.........................................1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 P.M. Rehab: a. Letters to prospective applicants.....................3 b. Applications received.................................3 c. Work write-ups & estimates............................2 d. Bids Advertised.......................................5 e. Pre-construction conferences..........................4 f. Appraisals & Environmental reviews....................0 g. Interim inspections...................................13 h. Final Inspections.....................................0 i. Emergency Inspection..................................0 j. Partial payments......................................0 k. Project Closeout......................................1 l. Warranty Repairs......................................1 m. Contracts signed......................................4 n. Rehab mortgages released..............................0 Meetings: Informational Meetings(ED)...............................4 Informational Meetings(CD)...............................1 Public Meeting (OECD)....................................0 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: DISCUSSION: Drainage/Hassen Subdivision Alderman Wilson explained that Mr. Hassen and other neighbors were seeking the advice of Council regarding a drainage dispute on private property. City Attorney Bamburg related that the City has no redress regarding drainage solely contained on private property without a public easement. Mayor Swaim stated the Council members were briefed and have had an opportunity to view the situation, adding that he has also spoken with Mr. Lloyd Friedman. He related that as advised through several entities the position of the City must be one of no involvement in private citizen disputes. He further stated that without written permission and a dedicated easement, his interpretation is that the City cannot perform drainage work on private property. Mayor Swaim related that almost three million dollars has been spent on significant drainage problems in the City of Jacksonville, he cautioned that involvement in this matter CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 P.M. would jeopardize the City's position in any number of private citizen drainage matters. He related his understanding of what he viewed as a difficult situation for all parties involved, but stressed legal liability concerns from any involvement by the City. In response to a question posed by Alderman Ray, Mayor Swaim related that City maintained ditches along Northeastern are open. Alderman Wilson related that information from Mr. Hassen indicated someone in the office of the Attorney General stated that the city has the authority to intervene in the matter. City Attorney Bamburg related that he has not been contacted by anyone from the Attorney Generals Office and that his concern is that the City would make improvements with public funds on private property in that there are no easements related to the property for which it is responsible. Mayor Swaim pointed out that the liability of the City is great in such matters, noting a meeting, which he attended recently relating to similar situations. Alderman Wilson suggested that City Attorney Bamburg meet with Mr. Hassen and try to clarify information received from the office of the Attorney General. Mr. E. Ray Smith, 3213 T.P. White Drive, related that approximately two years ago Mr. Hassen dug a ditch approximately sixteen inches deep between property owned by Mr. Lloyd Friedman and himself. He said this action rerouted the water putting it underneath the house. He said mowing of his yard was hindered due to a swell approximately two feet high. He said that he altered the ditch such that he could mow his yard. He said that a ditch, in place for about seven or eight years, was filled in on the west side of the Smith property. He related that now there is a levy about 18 inches tall on the property of Mr. Hassen and Mr. Price. Mr. Thomas Hassen, 3100 Northeastern, stated that he has lived at the particular address since 1958 and on the Hassen property since 1946. He related that the drainage ditch Mr. Smith mentioned has been in place since 1948. He said that when the Smith home and the Friedman home was built the ditch went out to the freeway. He said that the ditch is not at present and never has been on property owned by Mr. Smith. He said that Mr. Friedman requested the opening of the smaller ditch noting that a tree has grown causing a mound of dirt that hindered water flow. He said that he and a neighbor cleaned the ditch to the highway giving place for CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 P.M. the water to flow. He said that Mr. Smith, by stopping the ditch, has affected eight property owners in rerouting the water. He said that the Prosecuting Attorney and the office of the Attorney General related to him that one cannot stop up a ditch which has been in place that long. He said that he has contacted a private attorney and was informed that the property owners could file suit in the matter. Mayor Swaim pointed out that it is evident that a problem exists between property owners and should be handled in civil court. City Attorney Bamburg related that a prescriptive easement, which is obtained over a number of years through usage or circumstances, has to be declared by a court in order for it to actually exist. He pointed out that changes in development could alter water flow and that the courts would look at all aspects. He said his concept of the matter is that it is a private circumstance that needs to be addressed adding that unless the City has an easement, improvements don't need to be made on property. Alderman Gary Fletcher questioned whether or not any of the property has been surrendered for an easement. Mayor Swaim related that he is unaware of any such offer from either of the parties involved. He explained that the Council is a legislative body and that he is administrative which prevents any action by either. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: Request to set Public Hearing Ref: Closing of Crestview Drive between T.P. White & Vine Street Mayor Swaim proposed that the request be the first item of business on the November 6, 1997 City Council Agenda at 7:00 p.m. Alderman Ray moved, seconded by Alderman Wilson to set a public hearing for 7:00 p.m. at the Regular City Council Meeting of November 6, 1997 regarding a request to close Crestview Drive between T.P. White and Vine Street. MOTION CARRIED. GENERAL: a. ORDINANCE 1087 (#15-97) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE MILL AND ONE MILL AGAINST ALL REAL CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 P.M. PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED AND OTHER PRESCRIBED MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Sansing to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Motion received ten (10) affirmative votes, (0) negative vote. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Lewis, moved, seconded by Alderman Ray, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Howard, Keaton, Williamson, Fletcher, Wilson, Ray, Sansing, Lewis, Smith, and Elliott AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Ray, that Ordinance 1087 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Wilson, Fletcher, Williamson, Keaton, Howard, Ray, Sansing, Lewis, Smith, and Elliott AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1087 THIS THE 2nd DAY OF OCTOBER, 1997. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 P.M. b. RENEWAL of Bldg. & Contents Insurance Mayor Swaim recognized Mr. Paul Mushrush of the Finance Department to address the item of business. He related that the request is made annually with regard to building and content insurance. He said that in 1996 the bid was awarded to Gallagher & Co., which included a two-year extension on agreement. He said that service from the company had been excellent and recommended that their contract with the City be renewed. He said that the total bid includes the 9-1-1 building and the new radio system. (The bid sheet is included in these minutes as exhibit "a".) Alderman Wilson moved, seconded by Alderman Williamson to renew the contract with Gallagher & Co. for building and contents insurance for the year 1998. MOTION CARRIED. (TOTAL BID: $19,970.43 paid from the Insurance Fund subsidized through all the affected departments) ANNOUNCEMENTS: Mayor Swaim pointed out that information regarding new criteria for the Inspection Department being proposed under ISO was included in the Aldermen's packet for their perusal. AUCTION: He announced that Annual City Auction scheduled for October 11, 1997 at 9:00 a.m. MUMS, MUSIC, & MUSCADINE FESTIVAL: Mayor Swaim announced that the annual festival is scheduled for October 4th and 5th, 1997. Mayor Swaim announced that Mr. Beeman has chosen to work for a larger city and would be leaving the City of Jacksonville. It was requested by Alderman Wilson that a letter of appreciation be sent to Mr. Michael Beeman for his efforts with the City. ANNUAL CHRISTMAS PARADE Alderman Fletcher expressed concern about the theme of the Annual Christmas Parade, "Rock N' Roll Christmas". He said that as a representative of the people, he felt he should bring the matter to the attention of the Council. Alderman Smith voiced that he was not present at the meeting of the Chamber when selection was made but had been contacted about it. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 2, 1997 7:00 P.M. - 7:38 P.M. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:38 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer