01 SEP 06.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 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 6, 2001 at the regular meeting place of the Council. Alderman Lewis delivered the invocation
and Eagle Scout Alex Stevens led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT
nine (9), ABSENT (1).
Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, City Engineer Jay Whisker, Finance Director
Paul Mushrush, Purchasing Agent C.J. Brown, CDBG Director Theresa Watson, Police Chief Hibbs, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Parks Assistant Administrator
Patty Walker, Engineering Secretary Vicki Williams, Code Enforcement Officers Vern Howell and Marty Sanady, Water Commission Chairman Thad Gray, Water Superintendent Ken Anderson, Mrs.
Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mrs. Lindy Lewis, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of August 16, 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 Lewis that the minutes of the Regular City Council Meeting of 02 August 2001 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Lewis to APPROVE the monthly Animal Control Report for March 2001. Report reflects the following:
REVENUES……………………………………………$ 384.00
CONTRIBUTIONS………………………………$ 0.00
ADOPTIONS/FINES…………………………$ 384.00
TOTAL……………………………………………………$ 384.00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
ROLL CALL: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT: Request to Accept Bid for Bailer & Pit Conveyor
Mayor Swaim related that the low bid is the recommended bid.
Alderman Wilson moved, seconded by Alderman Elliott to accept the low bid from Cram-A-Lot in the amount of $45,625.00. MOTION CARRIED.
Mayor Swaim related that the City has received a 100% grant from the Pulaski County Solid Waste District, adding that the purchase of a second bailer would allow for configuration of
plastic and newspaper, which will increase the price received for the sale of those products.
STREET DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. CONDEMNATION BRIEFING
Alderman Smith related that the City works with the owners of dilapidated homes to bring them back to good repair, adding that there are homes too far dilapidated that must be condemned.
He related that Mr. Glen Davidson had requested the opportunity to address Council, but is not present in the audience. He related that Mr. Davidson has four homes that are scheduled
to be condemned. He related that three of the homes on the list were scheduled for condemnation in 1996, pointing out documentation supporting the City’s efforts to work with the owner.
City Engineer Whisker presented a power point presentation depicting the dilapidated condition of homes owned by Mr. Davidson. The photos documented advanced dilapidation making them
suitable for demolition. He related that clean-up letters have been sent to Mr. Davidson regarding six of his properties located at 109 Union, 115 East Blvd., 130 Joiner, 103 Roosevelt,
117 Joiner, 105 West Avenue.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
He reviewed conditions regarding each home to include unsafe construction methods regarding an addition, disrepair and dilapidation to all of the homes regarding exterior conditions.
The Council viewed slides of the homes featuring sagging roofs, wood rote to the exterior and structural damage. The common theme of overgrown grass and underbrush was noted. City
Engineer Whisker then related that letters regarding structurally unsafe conditions were written for 117 Joiner Street and 105 West Avenue. He stated that the owner had indicated that
he would like to begin repair work at 105 West Avenue before starting 117 Joiner because of financial restraints. City Engineer Whisker stated that the roof was taken off the residence
at 105 West Avenue and dumped on the lawn, which spilled over onto the sidewalk. He presented photos of an addition to the rear, explaining that the construction is structurally unsound.
He related that Mr. Davidson was asked to get a building permit because the construction methods were not sound. He reviewed photos depicting appliances discarded in the back yard.
He related that efforts to work with Mr. Davison began May 7th, starting the process of either bringing the house back to code or demolish. He related that the first letter provided
30 days, and the 2nd letter gave him until the following Council meeting. He then related that Mr. Davidson then provided a schedule for repairs but did not keep that schedule. He
went on to say that Mr. Davidson was contacted again by mail and still has not met the schedule to finish the project by Aug 22nd. He provided copies of several letters sent for various
violations. He stated that previously an ordinance was passed to condemn the house at 117 Joiner Street, 193 Roosevelt and 130 Joiner Street, adding that Mr. Davidson repaired the
homes just enough to keep them from being demolished. He pointed out that 117 Joiner has now once again received a structural letter violation. He stated that the City had demolished
two houses in 1994 at 105 Victory Circle and 200 Roosevelt. He related that the pictures being presented are recent and comparable to the ones taken in 1996. It was noted that two
of the properties are being condemned, adding that no one is living in any of the properties proposed for condemnation.
Discussion ensued regarding conditions on Casey Street and City Engineer Whisker related that grass letters have been sent and the City has had to mow the grass at the church, stating
that the building will have to be condemned.
Mayor Swaim pointed out that the properties presented are not the only houses that are in need of repair in the City and that this is not a case of a single individual being pointed
out but added that Mr. Davidson had requested the opportunity to discuss his properties with the Council. He then related that other property owners are either preparing to fix their
properties or the City is
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
preparing to demolish them. He related that the unfortunate aspect is that the taxpayers are actually subsidizing the demolition when the City is forced to pay up to six thousand dollars
per house regarding demolition, asbestos removal and hauling. He offered that while the City files property liens, it cannot recoup expenses if the property does not sell. He related
that the City received a letter recently regarding a property condemned in the mid 90’s, which is now for sale regarding back taxes.
Alderman Stroud related that once a house reaches that condition it becomes too costly to restore and then other area houses seem to take the same direction because of general neighborhood
moral when property is not kept up. He stated that those conditions is what is meant by a “blight on the community”, adding that the Council has voted to take action regarding those
situations. He then questioned the normal time frame regarding condemnation, pointing out that one property was actually started in 1996.
City Engineer Whisker related that it depends on the individual property owner, adding that some work harder than others to keep their property from being demolished. He stated that
the first letter gives 30-days, and if the property owner will call and work out a repair schedule the City will try and work with them. He pointed out that one property owner who got
a letter in May is presently rebuilding a house from the walls up and is ¾ finished.
Discussion ensued regarding a measure for visible progress.
In response to a question from Alderman Stroud, City Engineer Whisker stated that his question to Council would be what is the point in time, given reasonable time limits when the City
ceases to work with a property owner not repairing the property.
Mayor Swaim stated that if progress is not shown or some effort made within 30-days, in the past the condemnation process has begun including action from the City Attorney.
City Attorney Bamburg stated that after the 30-day letter has been issued with no response then it is forwarded to his office and a 2nd letter is issued informing the property owner
that the City Council will consider condemnation proceedings at the next regularly scheduled meeting. He then related that if again the property owner does not respond and provide a
repair schedule an additional 30-days is provided after Council addresses the condemnation before any action can be taken to demolish and then at that point it becomes a matter of scheduling
with bid. He pointed out that in the past the City has tried to bid more than one house to make it as economical as possible.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Mayor Swaim related that the legal bidding process takes a minimum of two weeks to 30-days, which very easily brings the total process to ninety-days before action can be taken. He
then stated that difficulty regarding notification creates a further delay.
Discussion ensued and it was felt that it would be helpful to the Council to have a properties status report included as part of the consent agenda regarding quick action if necessary.
Mayor Swaim pointed out that a recent amendment to the State Statutes allows cities to repair the property then charge the owner, adding that he is not sure the Council would want to
consider the option.
Alderman Fletcher stated that it was upsetting to realize that most of the property in question belongs to out of town landlords who choose not to take care of their property. He stated
that he feels the Council needs to deal with landlords who refuse to take care of rental properties. He related that in recent committee meetings it was discussed having landlords register
rental property and have the City perform inspections. He suggested that landlords could be required to be permitted in order to rent their property. He cited a situation regarding
an occupied rental house where not just the shingles are missing but the decking is missing. He stated that landlords need to be held accountable to the strictest measure the City can
possibly and legally enforce. He concluded saying that if landlords cannot afford to fix their property, they should not be in the rental business, adding that it should not be the
City’s responsibility.
Alderman Smith noted a house condemned that had a dirt floor, adding that if progress is not shown the City should proceed with condemnation.
Alderman Stroud suggested that the posting of condemnation signs might help in notifying out of town owners, offering that neighbors might contact the owner. He related that some people
have admitted after being cited that they had been slow to repair property but are now repairing the homes.
Mayor Swaim introduced Code Enforcement Officer Marty Sanady.
b. ORDINANCE 1163 (#17-01)
AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, AND 546; PROVIDING RENEWAL OF A FRANCHISE AGREEMENT FOR CABLE COMMUNICATIONS SERVICES; PROVIDING FOR COMPENSATION THROUGH A FRANCHISE FEE
TO THE CITY; AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Mayor Swaim noted that a representative from Comcast Cable was not present and asked Council to place the Ordinance on first reading only so to allow a representative to be present at
a later meeting to address any questions.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1163 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Wilson moved, seconded by Alderman Smith to dispense with the reading of Ordinance 1163 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Mrs. Noralee Perkins a resident of 606 InnsBrooke Cove related that when the Pennpointe Subdivision was developed, the cable lines was not buried but in many case were just placed underneath
the sod. She stated that when her cable line had to be repaired after being accidentally cut during an addition to her home, Comcast left the cable line hanging on the fence. She stated
that after the cable line was cut a second time by a neighbor mowing grass she requested that Comcast bury the cable. She related that there is cable line lying on the ground and that
her main concern is safety, describing an elderly neighbor that has tripped on the exposed line. She further described it as being unsightly in a neighborhood that takes a lot of pride
in its aesthetics. She stated that in her opinion any company that provides a service in the community should be held to task and provide a quality service, which she feels is not the
case regarding Comcast Cable. She stated that all other utility lines in the subdivision are underground. She stated that all lines should be buried in a timely manner and that she
does not feel five-years of having the cable above the grass is considered timely. She stated that presently she has no cable service in her home and that Comcast does not automatically
credit the bill without her having to call the cable company numerous times and request the credit. She related that she has been in contact with Comcast on several occasions regarding
the concrete being poured for the home addition to request they bury the cable line. She then related that thus far the cable line is still lying on the ground, so she called the normal
channels and was assured they would take care of it, which they have not. She added that she then went one step further and requested to talk to management,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
saying that a customer should not have to keep calling to get service. She stated that when she contacted the general manager’s assistant, she told them that if they could not take
care of the problem, she no longer needed their service. She related that she was then contacted by a customer service representative who extended his apologies, and asked what he could
do to keep her as a good customer. She described the event as extreme and said that she did not feel a consumer should have to go through that. She stated that management assured
her they would take care of the situation, but added that it remains to be seen. She stated that if the situation is not corrected she would not continue cable service.
In response to a question from Alderman Smith, Mrs. Perkins related that the cable has been above ground for approximately five years.
Discussion ensued regarding other subdivisions that may have experienced similar problems, and Mayor Swaim related that when he had received complaint calls of this nature he had talked
with Mike Wilson from Comcast and the problems was addressed. He agreed that Mrs. Perkins’s situation is not the normal process anyone should have to go through. He related that in
constructing a ditch in the Stonewall Subdivision the City had to handle problems with a multitude of cable lines located in a ditch.
Mrs. Perkins stated that in talking with various contractors she was told that placing the cable line directly underneath the sod is pretty much the norm for Comcast Cable.
In response to comment from Alderman Wilson, Mayor Swaim stated that he would look into the matter.
Mrs. Perkins related that in dealing with Comcast she has requested that anything less than all cable lines buried in the subdivision would be unacceptable.
Alderman Sansing related that he had cable removed from his home 20-years ago and has not missed it.
Alderman Elliott asked that Comcast be available at the next regularly scheduled meeting to address concerns, adding he recently had a similar experience when he had to make two calls
before ending up later calling Mike Wilson to have a cable problem solved.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Fletcher related that his church’s property on James Street is going to be demolished and in his attempts to have the utilities disconnected he has been frustrated in efforts
to try and get Comcast to disconnect the cable that runs across James Street. He related that in phone conversations with Comcast he was unable to make the representative understand
that if he disconnected the cable from the building it would be in danger of coming back into James Street and possibly wrapping around a passing car. The representative instructed
him to cut the cable at both ends and he again tried to make her understand that the other end of the cable was attached at the top of a telephone pole. He explained his efforts to
make her understand that he could not cut the cable from the top of a telephone pole and eventually just ended the conversation. He stated that the conversation had occurred two weeks
previous and that Comcast has done nothing to address the situation, he stated liability concerns regarding possible damage from his cutting the cable line at one end. He related that
when utility companies move their offices from the city, the citizens quality of service suffers.
Mayor Swaim related that Comcast has an office in Jacksonville, but does not have a local telephone number, adding that his office receives Comcast calls. He then related that when
he began serving as Mayor in 1987 there were unsuccessful efforts to solicit other companies to provide area cable service. He related that Comcast did not have a signed franchise agreement
for over five-years, because competition was being encouraged, but no one else would come and compete with them. He stated that the Federal Government passed a law prohibiting cities
from regulating local rates. He stated that cities as a governmental entity do not have control over the prices charged by cable companies, which he stated that is why it is so important
to demand proper service for the customers in the City. He related that the proposed agreement is a non-exclusive franchise agreement, which means at a later date another company could
come in and compete to provide cable service.
Alderman Stroud commended Mrs. Perkins, saying that most citizens do not complain to their governmental bodies but should. He stated that in view of the complaints he would venture
to say that Comcast Cable is a big company who has not been a good corporate neighbor in Jacksonville.
In response to a question from Alderman Wilson, Mayor Swaim related that the major change proposed is to limit the contract time from fifteen to ten years.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Stroud moved, seconded by Alderman Smith to amend the contract from 15 years to ten years. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Smith to approve Ordinance 1163 on FIRST READING as AMENDED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson suggested that Mayor Swaim negotiate with Comcast regarding some degree of dedicated service to Jacksonville stipulating a local phone number, and a customer service
representative that has knowledge of Jacksonville to provide the service customers expect and deserve.
Mayor Swaim related that in speaking to Comcast regarding a local phone service for the local office he was informed that that it is not productive and slows down the process. He stated
that he does not agree with that, pointing out the number of complaint calls received by his office at billing time before asking Comcast to take the telephone number off the bill as
the franchise agent.
c. ORDINANCE 1161 (#15-01)
AN ORDINANCE MODIFYING §3.08.030 OF THE CITY OF JACKSONVILLE PURCHASING MANUAL; ADOPTING MODIFICATIONS TO BIDDING PROCEDURES AND AN INCREASE IN LIMITS UNDER ACTS 921 AND 1051 OF THE
2001 LEGISLATURE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim related that this is proposed regarding a change in State Law from the last legislative session.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1161 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Smith moved, seconded by Alderman Lewis to dispense with the reading of Ordinance 1161 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Smith moved, seconded by Alderman Howard to approve Ordinance 1161 on FIRST READING.
Mayor Swaim related that the major change proposed is that the maximum limit will increase from ten thousand to twenty thousand regarding sealed bids. He stated that the policy for
quotes and telephone bids are still regulated and that it provides for a 25% deviation in the appropriated project costs.
City Attorney Bamburg concurred with the two major changes, adding that it also includes that any bid over seventy-five thousand dollars has language in the bidding document regarding
participation of small minority and women business enterprises.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Wilson moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1161 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Wilson to further suspend the rules and place Ordinance 1161 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Stroud to APPROVE AND ADOPT Ordinance 1161. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be APPROVED AND ADOPTED to Ordinance 1161. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson,
Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1161 THIS THE 6TH DAY OF
SEPTEMBER 2001.
d. ORDINANCE 1159 (#13-01)
AN ORDINANCE AMENDING JMC §13.16.010; MODIFYING OUTSIDE THE CITY BULK RATE WATER USAGE RATES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1159 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Smith moved, seconded by Alderman Wilson to dispense with the reading of Ordinance 1159 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Stroud to approve Ordinance 1159 on FIRST READING.
Water Commission Chairman Mr. Thad Gray addressed the City Council relating that the proposal is based on an event that occurred two years prior with the ripple rate increase effect.
He related that the City of North Little Rock did not raise the full effect, but began a roll back. He pointed out that previously Little Rock and North Little Rock charged 150%, while
Jacksonville charges 125% to its bulk rate outside City users. He stated that the bulk rate users are Furlow, Bayou II, City of Cabot. He then related that the City of Cabot uses approximately
21% water volume, Furlow is 4%, Bayou II is 4% of Jacksonville’s water systems. He stated that the Commission would like to have the option to negotiate a bulk rate contract with its
bulk rate users. He stated that the Commission has asked these parties to partner regarding a future transmission line that would tie into Central Arkansas Water. He related that Little
Rock and North Little Rock are now merged effective July 1st 2001, Central Arkansas Water is undergoing a rate study, and have conducted a preliminary rate study which will be voted
on in the coming month. He stated that the Commission would like the opportunity to negotiate rates with partners to roll back the rate. He stated that it is only an option and does
not guarantee that it would be done but would be in the best interest of the City. He related that the City of Cabot has started its own water wells but are limited to 3 million gallons.
He stated that
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
City of Jacksonville Water Utility will supplement a minimum amount of 25,000 gallons per day in order to keep the line clean between Cabot and Jacksonville. He stated it is nominal
amount compared to their peak usage of 250,000 gallons. He stated that Furlow and Bayou II have been consistent in their water use.
Mayor Swaim clarified that this would not change the existing policy provided to inside or outside the City retail customers on a single line. He stated that it would be advantageous
to the City of Jacksonville to have partners share in the costs of constructing a large transmission line
In response to a question posed by Alderman Sansing, Mr. Gray related that currently all contracts including the contract Jacksonville is on with Central Arkansas Water allow for future
events that might effect the rate charged.
Mayor Swaim pointed out that any rate increases would be addressed before the City Council.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Fletcher moved, seconded by Alderman Wilson to suspend the rules and place Ordinance 1159 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Wilson to further suspend the rules and place Ordinance 1159 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Wilson to APPROVE AND ADOPT Ordinance 1159. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1159 THIS THE 6TH DAY OF SEPTEMBER 2001.
Alderman Wilson expressed a debt of gratitude to the Water Commission and its staff regarding their efforts to ensure water for many years for the Jacksonville community.
e. DISCUSSION regarding SOLICITATION BAN
Alderman Stroud related attempts to level the playing field between itinerate merchants and local merchants. He stated that it has not been successful thus far and has been informed
by the City Attorney that the City cannot charge itinerate merchants more for a privilege tax than a local businesses. He stated that after much discussion the Committee is proposing
to place an outright ban on all itinerate merchants.
City Attorney Bamburg related that the Committee had discussed an outright ban applied solely to those that are located outside the City regarding their business license, adding that
unfortunately the law does not grant that authority to cities. He then related that the law would allow the City Council to consider an outright ban on door-to-door solicitation excluding
religious organizations because it is a constitutional privilege. He stated that the City can limit the hours regarding solicitation of religious materials given reasonable time frames.
He stated that the ban would have to apply to any other company or business local or national. He related that Alderman Stroud had spoken about the possibility of allowing nonprofits
to solicit on a door-to-door basis, which would allow for the Girl Scouts or schools to raise funds, along with some of the local sports. He related that this is a gray area that he
is trying to get a clearer definition on, adding that there may be some problems in even allowing that. He requested guidance from the Council regarding the aforementioned guidelines.
Alderman Fletcher questioned the possibility of using terminology to define traveling merchants as opposed to an established merchant that operates a business 365 days a year regarding
the fee charged.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
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City Attorney Bamburg stated that it would be a violation of the Commerce Clause to make distinctive difference between those that are established businesses and those that may come
in for a short period. He related that the classification can not be designated on period basis. He related that there are certain classifications that can be upheld, pointing out
that the City would have to identify and factor those differently than what is being indicated.
Discussion ensued regarding an outright ban with the exception of nonprofit groups and the distinction between nonprofits and charitable organizations.
Alderman Smith suggested that it be brought back to the Council when the gray area is more clearly defined regarding a package that would only allow religious and nonprofit can go door-to-door.
City Attorney Bamburg clarified the inclusion of nonprofits to be allowed to go door-to-door.
Alderman Stroud commented on the safety, nuisance and security issues involved door-to-door solicitation, adding that provision for the farmers market is in place with an established
area. He stated that if considerations are made for charitable and religious organizations it would satisfy the Committee’s objectives.
Further discussion ensued and it was determined that nonprofits or religious organizations would not be required to register with the City.
City Engineer Whisker addressed enforcement of nonprofits, saying that it is going to be difficult because of the volume of magazine companies that want to sell for different reasons.
City Attorney Bamburg clarified that there is no distinction between charitable and nonprofit.
Mayor Swaim related that he and Alderman Stroud have spoken to Mark Hays regarding guidance and Mr. Hays stated that wants to discuss the issue with City Attorney Bamburg regarding the
legal issue.
Discussion ensued regarding specific legislation to address specific undesirable situations.
Alderman Fletcher stated that as times have changed, residents no longer want to be solicited at their front door. He then remarked that nonprofit organizations should consider an on
location type fund raisers rather than door to door solicitation. that.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
f. ORDINANCE 1162 (#16-01)
AN ORDINANCE CREATING JMC §2.04.011; DECLARING A REGULAR PRACTICE FOR CITY COUNCIL MEETINGS AS TO THE READING OF ALL ORDINANCES AND RESOLUTIONS DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Alderman Wilson moved, seconded by Alderman Stroud that Ordinance 1162 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Wilson moved, seconded by Alderman Stroud to dispense with the reading of Ordinance 1162 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Wilson to approve Ordinance 1162 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and
Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1162 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Wilson to further suspend the rules and place Ordinance 1162 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to APPROVE AND ADOPT Ordinance 1162. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Wilson that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud,
Twitty
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1162 THIS THE 6TH DAY OF
SEPTEMBER 2001.
g. DISCUSSION REGARDING DISPOSITION OF A PORTION OF PROPERTY AT HWY 161 AND SCHOOL DRIVE
Mayor Swaim related the long time (30-years) paved cut across regarding the area of School Drive and Hwy 161 for the “Y” type intersection, adding that the adjoining property owner has
fenced the area off. He stated that the City has written letters to no avail and is now bring the item for discussion and to let the City Attorney explain what the options are for moving
forward.
City Attorney Bamburg stated that given the adjacent property owner has fenced the property and ignored letters from the City regarding the removal of the obstacles to allow the area
to return to public use, some form of litigation is necessary to force the circumstances. He stated that the City Council can either choose to condemn, or since it has been used as
a restrictive easement for approximately 30-years the City can choose to go to the court and ask for a declaratory judgment. He related that the Court could order that the obstacles
be removed, adding that failure to do so at that point would be a contempt the Court Order and the person would be subject to the fines, penalties and/or incarceration if the Judge so
decreed.
Mayor Swaim noted that the condemnation process would be more lengthy.
City Attorney Bamburg stated that along with the request for a declaratory judgment the City could request injunctive relief and ask the court to issue that order fairly quickly.
Alderman Wilson moved, seconded by Alderman Stroud to proceed with the declaratory order. MOTION CARRIED.
h. Request to Accept Bid for HDPE Pipe
Mayor Swaim related that the pipe is proposed for a drainage ditch and the estimated cost exceed the $10,000.00 limited.
Alderman Wilson moved, seconded by Alderman Stroud to accept the low bid for $12,025.30 with funds to be drawn from the Drainage Fund. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M. – 8:25 P.M.
i. Request for Matching Funds for Police Grant.
Mayor Swaim related the opportunity to apply for a grant through the Legal Law Enforcement Block Gant in the amount of $45,845.00, adding that City’s matching amount would be $4,585.00.
He related that this is a much needed improvement for the Police Department, pointing out that at the present time Crime statistics are entered and gathered on antiquated software and
hardware. He stated that the grant will allow the Police Department to improve that process. He explained that this is an upfront grant meaning that the City will receive the funds
in advance instead of applying for a reimbursement, adding that it is required that if any interest is drawn on the funds it is to be spent and should be included as part of the motion.
Alderman Wilson moved, seconded by Alderman Elliott to approve $4,585.00 plus interest in matching funds regarding the LLEBG grant. MOTION CARRIED.
APOINTMENTS:
Alderman Wilson moved, seconded by Alderman Fletcher to approve the appointment of Tammy Green to the Planning Commission for a term to expire 01/01/2003. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Wilson to approve the appointment of William Montgomery Tammy Green to the Planning Commission for a term to expire 01/01/2003. MOTION CARRIED.
ANNOUNCEMENTS: Elderly Activity Center Carnival will be Saturday September 8, 2001 from 9:00 a.m. to 1:00 with a pancake breakfast being served at 7:00 P.M.
City Clerk Susan Davitt announced that Deputy Clerk Melanie Green would be moving to Georgia with her husband within the week, making this her last City Council meeting.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 8:25 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer