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01 OCT 18.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 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 18, 2001 at the regular meeting place of the Council. Alderman Lewis delivered the invocation and Cub Scouts Cody Dixon, Eric Carter, Brad Mcmoran, Seth Reed, and Dejuan Crutchfield led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Stroud Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:07 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Teresa Carter, Director of Administration Murice Green, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Finance Director Paul Mushrush, Parks and Recreation Director George Biggs, Parks and Recreation Assistant Patty Walker, P&R Chairman Greg Bollen, and Commissioners John Fortenbury, Curtis Green, Donnie Griggs, Marsha Dornblaser, Mike Annabelle Davis, Larry Brand, Kathy Brand, Police Chief Hibbs, Fire Chief Vanderhoof, Police Captain Baker, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Helen Stroud, Mrs. DeDe Hibbs, 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 October 4, 2001 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meeting of 20 September 2001 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith that the Regular Monthly Report for September be APPROVED. Report reflects; Total Value of Reported Stolen Property $57,712.00, Total value of Recovered Stolen Property $23,382.00, Total Report Sales $256.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September, which reflects a fire loss of $44,500.00, and a Savings Total of $.00. REGULARLY MONTHLY REPORT/CODE ENFORCEMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2001. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. PERMITS/LICENSE ISSUED UNSIGHTLY & UNSANITARY Building Permits 20 Grass Letters 198 Business License 7 Property Mowed 18 Trash Letters 89 Trash Removal 9 INSPECTIONS PERFORMED CONDEMNATIONS Bldg. Inspections 34 Maint. Letters 11 HVACR 24 Repairs Made 3 Electrical 48 Demolitions 2 Plumbing 57 Cost for September $2,825.79 PROPERTY ADDRESS ACTION TAKEN %COMPLETE 312 E. Main Street DEMOLISHED 100 6016 S. Hwy 161 Demolition 90 8000 S. Hwy 161 Remodel 100 10,000 S. Hwy 161 Property in Bankruptcy Court 118 W. Valentine Lot 11 Remodel 100 317 W. Valentine DEMOLISHED 100 4016 S. Hwy 161 DEMOLISHED 100 107 Central Ave. DEMOLISHED 100 108 Pulaski Dr. Remodel 100 105 West Ave. 30-Day Notice of Condemnation 20 117 Joiner Ave. 30-Day Notice of Condemnation 0 103 Faulkner Remodel 70 137 North Ave. DEMOLISHED 100 510 Ray Rd. DEMOLISHED 100 1224 Church St. DEMOLISHED 100 1004 Casey Structural Maint. Letters 212 E. Main St. Structural Maint. Letters 193 Roosevelt Structural Maint. Letters 400 Elm St. Structural Maint. Letters 130 Joiner Ave. Structural Maint. Letters 204 Roosevelt Rd. Structural Maint. Letters 212 Pine St. Structural Maint. Letters 107 Roosevelt Circle Structural Maint. Letters 149 Pike Ave. Structural Maint. Letters 103 Cross St. Structural Maint. Letters 122 Pulaski Dr. Structural Maint. Letters ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. PARKS & RECREATION: DEDICATION of Dupree Park Baseball Field Mayor Swaim and Parks Director George Biggs related that the dedication of ball field #5 in honor of Mr. Shireman is a great pleasure. Director Biggs read the following from the plaque “In honor of your dedication and love for baseball and your personal contribution to its success in Jacksonville, Arkansas; Dupree Park Field #5 will forever be known as the Paul Shireman Baseball Field designated in your honor October 2001 by the Jacksonville Parks and Recreation Commission and City Council.” Mr. Shireman stated that he was surprised and overwhelmed. He related a long love for Baseball, relating that he began with the Parks Department 22-years ago. He thanked everyone saying that he feels very honored. Mayor Swaim recognized the Park and Recreation Commissioners present and expressed to Mr. Shireman that the City of Jacksonville appreciates his work with Jacksonville’s youth. PLANNING COMMISSION: a. FINAL PLAT 109 DENNIS LANE City Engineer Whisker related that the property is platted regarding street rights-of-way requirements. He related that the property was platted when the owners requested a commercial building permit. Alderman Stroud moved, seconded by Alderman Wilson to approve the Final Plat of 109 Dennis Lane. MOTION CARRIED. b. ORDINANCE 1166 (#20-01) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY ADJOINING THE EAST SIDE OF CHAPEL RIDGE APARTMENTS, STANPHIL ROAD, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Elliott to place Ordinance 1166 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg read the ordinance heading. City Attorney Bamburg clarified a change in the general location description and Mayor Swaim related that the property is adjacent to the Chapel Ridge Apartment Complex off Military Road. Alderman Elliott moved, seconded by Alderman Howard to APPROVE Ordinance 1166 on FIRST READING. City Engineer Whisker presented the City Council with a vicinity map and related that the rezoning would bring the portion of property zoned R-1 into zoning with the surrounding R-3 property. In response to a question from Alderman Wilson, City Engineer Whisker related that the proposed zoning change would go south to Stanphil in the Liberty Subdivision. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. Mayor Swaim pointed out that the street providing access to Military Road runs through the Liberty Subdivision and will continue into the rezoned property. City Engineer Whisker related that the property provides several options regarding access, saying that one possible connection is Nathan Hale onto Military. He stated that he is not aware of the developer’s access plans. Alderman Wilson expressed concerns regarding the intersection at Stanphil and Military Road. He mentioned the possibility of purchasing the house at the top of the hill to move the road. Mayor Swaim related previous efforts to purchase the home, adding that the property may have to be condemned. He stated that it has been the City’s goal to move the intersection to the top of the hill. He added that as a State Highway it would require the Highway Department’s permission before being altered. He related that options regarding cutting the hill were not feasible for the area residents. Mayor Swaim stated that additional considerations would be sought regarding a resolution to the safety issues of the intersection. In response to a question posed by Alderman Fletcher, Mayor Swaim related that in speaking with the developer he had indicated that the plan is to provide access through the existing subdivision. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Elliott to suspend the rules and place Ordinance 1166 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg read the ordinance heading. Alderman Stroud moved, seconded by Alderman Elliott to further suspend the rules and place Ordinance 1166 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg read the Ordinance heading. Alderman Stroud moved, seconded by Alderman Ray to APPROVE AND ADOPT Ordinance 1166. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1166 THIS THE 18th DAY OF OCTOBER 2001. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. GENERAL: a. ORDINANCE 1165 (#19-01) 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 (1) MILL AGAINST ALL REAL 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. Mayor Swaim clarified that Ordinance 1165 does not levy any new tax or change existing taxes, but reassess the one mill for Police and one mill for Fire approved by election. He stated that the Ordinance is provided to the County annually for assessment collections. Alderman Fletcher moved, seconded by Alderman Wilson to place Ordinance 1165 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg read the Ordinance heading. Alderman Stroud moved, seconded by Alderman Lewis to APPROVE Ordinance 1165 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty 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 Ordinance 1165 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg read the Ordinance heading. Alderman Sansing moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1165 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED whereupon City Attorney Bamburg read the Ordinance heading. Alderman Stroud moved, seconded by Alderman Ray to APPROVE AND ADOPT Ordinance 1165. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1165 THIS THE 18th DAY OF OCTOBER 2001. In response to a question posed by Alderman Wilson, Mayor Swaim related that two-years after the City stop levying for real property assessment, the City of Sherwood followed suite. It was noted that Little Rock, and North Little Rock do assess for real property tax. He stated that five years ago the City dropped collection of five-mills regarding property tax. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. b. REQUEST TO ACCEPT BID for Animal Control Slab Construction Mayor Swaim related that the low bidder has performed a considerable amount of work for the City in the past, adding that the project was bid three times because of complications regarding the slab construction. Alderman Stroud moved, seconded by Alderman Ray to accept the low bid from Lyles Construction in the amount of $36,214.00 to be drawn from the Capital Improvement Fund. MOTION CARRIED. c. REQUEST TO ACCEPT BID/Electrical Service for Recycling Center Mayor Swaim stated that the low bidder is the recommended bid. Alderman Elliott moved, seconded by Alderman Sansing to accept the low bid from Conrade Electric in the amount of $22,834.00 to be drawn from the Capital Improvement Fund. MOTION CARRIED. UPDATE ON PROPERTY AT THE INTERSECTION OF SCHOOL DRIVE AND HWY 161 City Attorney Bamburg related that he is waiting to receive a property appraisal before proceeding. In response to a question posed by Alderman Wilson, City Attorney Bamburg related that he is attempting to resolve the issue regarding Mr. Mathews permission to allow public use of the property versus condemning the property. Mayor Swaim related that Mr. Mathews has indicated that as owner of the land he feels he should be paid. He stated that if the City chooses to condemn the property an appraisal would still be necessary regarding an escrow until the court action is settled. City Attorney Bamburg stated that if the City condemns the property the appraisal amount would be filed with the registry of the court and the City would ask for an order of immediate possession. Alderman Wilson questioned if the fact that the property has been used for forty-years as a public thoroughfare would figure into the appraisal. City Attorney Bamburg stated that is part of the City’s argument, but was unsure as to its affect on the appraisal. Discussion ensued regarding the requirement of any payment from the City for what has been used as a public access, and Mayor Swaim stated that the Municipal League attorneys have stated that the property cannot be taken without court action. In addition, the City will have to prove that the property has been used as a public access. OVERPASS CONSTRUCTION Mayor Swaim related that many of the streets approaching the overpass have been blocked with the except of North First Street, adding that it has caused some concern from merchants in the area regarding traffic to their CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. business. He explained that the detour sign reads “closed to thru traffic”, adding that this has confused area traffic and pointed out that the sign does not mean traffic can not go through to the Methodist Church, Library or other establishments in that area. He then related the similar situation for the other end of the street regarding access to the school, pointing out that at the present time traffic can still move around the first barricade but not through the second regarding the children needing to get to Jacksonville Elementary. He related that it would be an inconvenient process lasting 18 to 24 months, pointing out that anytime there is construction there is confusion and difficulties in moving around. He stated that the City is working on methods to safeguard the children who walk to school, noting that there are two crossing guards that work the intersection on the north and west side and school guards. Discussion ensued regarding that better detour signage be considered in an effort to work with area businesses, indicating traffic to local business could proceed through. Alderman Fletcher requested signage regarding illegal discharge of firearms in the wooded areas inside the City limits, mentioning the dangers associated with the discharge of firearms in local wooded areas near residential housing. Mayor Swaim related that it is a noted problem during hunting season, adding that the Police do patrol the areas. He asked Captain Baker to work with the sign shop regarding areas where signs would be most effective. JAMES STREET BRIDGE In response to comments from Alderman Twitty, Mayor Swaim related that City Engineer Whisker has worked on a proposal regarding changes to the James Street Bridge. He stated that the Highway Department has stated that in order to make changes they would like to turn both access roads into one-way traffic patterns. City Engineer Whisker concurred, saying that the Highway Department proposed that it will be one-way from the Sherwood area to Jacksonville in a couple of years. Mayor Swaim stated that the Highway Department rejected a proposal from the City to add an extra lane at the James Street Bridge in the past, but stated that the City could return and ask for some relieve to the traffic problem. Discussion ensued regarding City Council attendance to the Annual Highway Commission Dinner to express to the Commissioners the needs of Jacksonville regarding traffic concerns at the James Street Bridge. City Engineer Whisker offered to have area traffic counts before the next regularly scheduled City Council meeting. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2001 7:00 P.M. – 7:40 P.M. WING DING FESTIVAL Alderman Wilson stated that the City enjoyed one of the best Wing Ding Festivals it has hosted, adding that even the weather cooperated. He commended the City in an outstanding job working with the Chamber, saying that everyone from the Mayor to the Police, Fire, Street, and Parks Department did a great job. PROPERTY ADJACENT TO JOHNSON PARK ON CHURCH STREET Mayor Swaim related efforts by the City to purchase a lot on Church Street that backs up to Johnson Park that could be used as Park access. He related that he was able to get a verbal agreement on the property and City Attorney Bamburg is working on the written agreement. He stated that he would need authority to move forward with the purchase. Alderman Elliott moved, seconded by Alderman Wilson to place an item of business on the agenda regarding the purchase of a lot on Church Street adjoining Johnson Park on the agenda. MOTION CARRIED. Mayor Swaim related that the appraised value of the property is $7,500, and requested authorization to purchase the property for that amount plus closing cost. Alderman Smith moved, seconded by Alderman Stroud to authorize the Mayor to purchase the property at $7,500 plus closing cost with funds to be drawn from Capital Improvement. MOTION CARRIED. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:40 p.m. Respectfully, ________________________ ____________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer