93 Sep 16 7R
' CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
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 September 16, 1993 at the regular meeting place
of the Council. Alderman Ray delivered the invocation after which
Mayor Tommy Swaim led the standing audience in the "Pledge of
Allegiance" to the flag.
ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Fletcher,
Williamson, and Keaton answered ROLL CALL. Alderman Twitty arrived
at approximately 7:10 p.m. PRESENT EIGHT (8), ABSENT TWO (2).
Alderman Knight and Wilson was absent. Mayor Swaim answered ROLL
CALL and declared a quorum.
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Susan Goings, Asst. to the Mayor Betty
Anderson, City Engineer Duane Reel, Public Works Coordinator Skip
Spears, Finance Director Paul Mushrush, Fire Chief Rick Ezell,
Planning Commission Vice Chairman Art Brannen, Mrs. Judy Swaim,
other city employees, interested citizens and members of the press.
I PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of September 2, 1993 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 19, 1993 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA:
a. Municipal Court Monthly Report /August
b. Animal Control Monthly Report /August .
c. CDBG Monthly Report /August
d. Fire Department Monthly Report /August
MUNICIPAL COURT: August 1993
Alderman Smith moved, seconded by Alderman Sansing that the monthly
report for August 1993 from Probation Officer Mike Mahone be
APPROVED. Said report reflects cases month ending July 1993, 121.
Cases added in the Month of August 1993, 5, Probations completed,
Month ending August 31, 1993, 8, TOTAL CASED AS OF AUGUST 31,
I 1993, 118, Number of Juveniles on Probation, 0. ROLL CALL:
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
Aldermen: Smith, Sansing, Lewis, Ray, Fletcher, Williamson and
Keaton voted AYE. MOTION CARRIED.
ANIMAL CONTROL: August 1993
Alderman Smith moved, seconded by Alderman Sansing to APPROVE the
monthly Animal Control report for the month of August 1993. Said
report reflects the following: CONTRIBUTIONS $ .00, ADOPTION /FINES
$ 517.50, SECURITY DEPOSITS $ 125.00, for a total of $ 642.50.
ROLL CALL: Aldermen: Smith, Sansing, Lewis, Ray, Fletcher,
Williamson, and Keaton voted AYE. MOTION CARRIED.
CDBG: August 1993
Alderman Smith moved, seconded by Alderman Sansing to APPROVE the
monthly report of the Community Development Agency for the month of
August 1993. Said report reflects the following: Informational
meetings 4, Rehab Mortgages files 3, REHAB: Work write -ups &
estimates completed 2, Bids released -Rehab projects 3, Pre-
construction conferences 1, Interim Inspections 24, Final
Inspections 2, Project close -outs (rehab) 1, Home buyers Assistance
Grant completed 1, PUBLIC WORKS: Bid Opening - Sunnyside Drainage
Project 1, Pre - construction conference -Water Project 1, Interim
Inspections 13, HUD workshops 1, CHAS planning meeting 1. ROLL
CALL: Aldermen: Smith, Sansing, Lewis, Ray, Fletcher, Williamson,
and Keaton voted AYE. MOTION CARRIED.
FIRE DEPARTMENT: August 1993
Alderman Smith moved, seconded by Alderman Sansing that the monthly
report of the Jacksonville Fire Department for August 1993, be
APPROVED. Said report reflects an estimated fire loss of
$84,200.00. ROLL CALL: Aldermen: Smith, Sansing, Lewis, Ray,
Fletcher, Williamson, and Keaton voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & REC DEPARTMENT: Bids for Re- roofing the Recreation Center
on Martin Street
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CITY OF JACKSONVILLE, ARKANSAS
I REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
City Engineer Duane Reel related that a specific roofing system was
not included in the specs for advertisement. From the five bids
received the low bidder was disqualified as a result for failure to
follow bid instructions. He further related that the second low
bidder Osment Roofing Systems, Inc. from Jonesboro is the
recommended bidder.
Alderman Ray moved, seconded by Alderman Lewis to ACCEPT the
second low bid from Osment Roofing Systems, Inc. for $12,177.00 to
repair the Recreation Center roof located at Martin Street with
funds allocated from Capital Improvement.
Mayor Swaim related that the funds were budgeted for this project
making mention that the bid is less than the allocated amount.
City Engineer Reel related that the system to be used is similar to
the one at the library, a styrofoam application with an over spray
on the ceiling and joints, calling for a one inch over -lay.
At this time MOTION CARRIED.
SANITATION DEPARTMENT:
PLANNING COMMISSION:
DEVIATION IN AGENDA:
Mayor Swaim related that with a number of Ordinances on the agenda
he would like to move ahead to item b, under general that being a
report from Rebsamen Regional Medical Center concerning the
Outreach Program.
There being no objection from the Council, Mayor Swaim introduced
Mr. Tom Siemers Administrator for the Regional Medical Center.
Mr. Siemers related that hospitals are under pressure to control
cost and improve service and care provided. Traditionally Rebsamen
has been a big provider of care to Jacksonville and Cabot. Over
30% of admissions come from care provided to the communities
surrounding the Jacksonville area leaving Rebsamen with an interest
in serving these areas with good care and service. He further
related that Cabot has not been as successful as Jacksonville in
obtaining primary care practitioners as a result they are under -
served in terms of family physicians and in looking for a
correction for that situations Rebsamen is proposing to operate and
maintain a professional medical building in Cabot. The new clinic
would be located on Second Street and offer area doctors the
opportunity to consolidate practices. The doctors would lease
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
space from the hospital which allow the hospital an important base
to recruit additional family care physicians into the community.
He related the interest in bring specialist to the community to
hold day clinics, operating a multi - specialty clinic, allowing
specialists from Rebsamen to go there and see the patients.
Projected cost of the project is between 1.3 to 1.5 million dollars
which would come out of hospital operational revenues. He related
that he has spoken with Mayor Smith, Vice President of the Chamber
of Commerce Rev. Christopher, Executive Director of the Chamber of
Commerce Mr. Dewey Faulk, and other business leaders who have
expressed support and endorsement for the project. He expressed
his desire to obtain Council endorsement and approval of the
project so as to move forward with a presentation to the City
Council of Cabot for their endorsement and approval.
Mayor Swaim related that he has met with the Mayor Smith who is
aware of the problem keeping physicians in the area and is excited
about the opportunity for Rebsamen to expand into Cabot. He
expressed the importance of cultivating the Cabot area and keeping
other areas from encroaching on the hospital territory. Relating
that it is important to provide a complete care facility for those
patients who make up 30% of the patient load. While it is an
outreach move it is also a defensive move in keeping the patient
care provided by Rebsamen Hospital. He further related that the
hospital is owned by the citizens of Jacksonville, overseen by a
management company and is run by a competent board and chief of
staff chosen each year. Mayor Swaim stated that during his tenure
as Mayor he has had relatively few conversations with anyone having
concerns about the hospital. He related that the board works very
well absorbing and working out many of the problems so that they
do not have to be brought before the Council. Mayor Swaim
expressed congratulations to the doctors for all their hard work
and volunteer time given to the City.
In response to a question posed by Alderman Ray, Mr. Seimers
related that the property is approximately 1 acre and is adjacent
to Dr. Shirley's clinic which is fifty -one hundred sq. feet. The
proposed construction will be approximately ten thousand sq. feet
and should accommodate six family physicians.
Mayor Swaim related that it is not Council habit to formally
approve actions by the hospital board, however, adding that he felt
it would be appropriate for the City Council to endorse these
actions through a motion.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
Alderman Smith moved, seconded by Alderman Lewis to APPROVE the
implementation of the Outreach Program to the Cabot area. MOTION
CARRIED.
RESUME AGENDA:
Mayor Swaim explained the procedure involved with the passage of an
Ordinance in regard to a non - controversial issue.
City Engineer Reel related that the Coopers own the property and
live in the house that is located at the southeast corner of
Trickey Lane and propose to build a new house at the section of
Military Road and Spencer Street which is presently zoned C -3 and
does not permit residential construction. They have requested a C -1
zoning which would afford residential construction as well as quite
business. He further related that the Planning Commission
recommended it be rezoned with no opposition from the public.
a. ORDINANCE 1002 ( #15 -93)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
i ARKANSAS, (GENERAL LOCATION: INTERSECTION OF SPENCER STREET AND
MILITARY ROAD); AMENDING ORDINANCE NUMBERS 213 AND 238 OF THE CITY
OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Sansing, that Ordinance be
placed on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. Ordinance read FIRST TIME by City
Attorney Robert Bamburg.
Alderman Ray moved, seconded by Alderman Sansing to suspend the
rules and dispense with the reading of the Ordinance in its
entirety. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted'AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing, that
Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen:
Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty
voted AYE. NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST
READING.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
Alderman Lewis moved, seconded by Alderman Ray, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Hamburg read the Ordinance for the SECOND TIME.
Alderman Smith moved, seconded by Alderman Sansing, to
further suspend the rules and place the Ordinance on THIRD AND
FINAL READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, City Attorney Hamburg read the
Ordinance for the THIRD AND FINAL TIME.
Alderman Sansing moved, seconded by Alderman Lewis, that Ordinance
be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) 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: Smith,
Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted
AYE. NAY (0). Motion received eight (8) affirmative votes, (0)
negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1002 THIS 16th DAY OF
September 1993.
b. ORDINANCE 1003 ( #16 -93)
Mayor Swaim announced the next item of business in regard to the
rezoning of lots 3, 4, 9 & 10 of the Grace Brown Addition R -1 to
C -2, relating that the property is located between Vine Street and
Poplar Street in a commercial area and that according to Metroplans
long range plan it is in an area that is projected to be
commercial. The property is flanked with commercial property across
the street and on two sides of the property. He further related
that the Planning Commission did not recommend rezoning, adding
that there is no specific violation that keeps it from being
rezoned.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS, (GENERAL LOCATION: NORTHEAST CORNER OF NORTH JAMES AND
POPLAR STREETS), AMENDING ORDINANCE NUMBERS 213 AND 238 OF THE
CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
Alderman Fletcher moved, seconded by Alderman Sansing, that
Ordinance be placed on FIRST READING. ROLL CALL: Aldermen:
Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty
voted AYE. NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by
City Attorney Robert Bamburg.
Alderman Ray moved, seconded by Alderman Lewis to suspend the rules
and dispense with the reading of the Ordinance in its entirety.
ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
In response to a question posed by Alderman Lewis, Mr. Art Brannen
the Vice Chairman of the Planning Commission related that one of
the two reasons the Planning Commission denied recommendation is
that it considered Poplar and Vine a buffer zone between the
commercial and residential in that area, also that it was the
Planning Commissions intention to avoid the possibility of more
I vacant commercial property in the City.
It was stated that there was no public opposition to the rezoning
with proper advertisement.
Discussion ensued as to Metroplans future designs for that area.
Alderman Fletcher commented that as long as it does not upset the
overall projected plans, commercial investments should not be
discouraged.
Mayor Swaim related that it is the nature of Council to follow the
recommendations of the Planning Commission with regard to legal
disagreement or public opposition to a rezoning adding in this case
there are no definitive violations or opposition to the rezoning.
Alderman Fletcher moved, seconded by Alderman Lewis, that Ordinance
be accepted on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
Alderman Fletcher moved, seconded by Alderman Lewis, to suspend
the rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received eight (8)
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Hamburg read the Ordinance for the SECOND TIME.
Alderman Fletcher moved, seconded by Alderman Ray, to
further suspend the rules and place the Ordinance on THIRD AND
FINAL READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, City Attorney Bambutg read the
Ordinance for the THIRD AND FINAL TIME. -
Alderman Fletcher moved, seconded by Alderman Lewis, "that Ordinance
be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1003 THIS 16th DAY OF
September 1993.
c. ORDINANCE 1004 ( #17 -93)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS, (GENERAL LOCATION: PROPERTY ADJOINING SOUTHEASTERN
AVENUE AT LEMAC DRIVE AND ACROSS FROM CORBIN STREET); AMENDING
ORDINANCE NUMBERS 213 AND 238 OF THE CITY OF JACKSONVILLE,
ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Sansing, that Ordinance be
placed on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. Ordinance read FIRST TIME by City
Attorney Robert Hamburg.
Alderman Ray moved, seconded by Alderman Sansing to suspend the
rules and dispense with the reading of the Ordinance in its
entirety. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Ray, that Ordinance be
accepted on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
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'' i CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
Alderman Fletcher moved, seconded by Alderman Ray, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Hamburg 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: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, City Attorney Hamburg read the
Ordinance for the THIRD AND FINAL TIME.
Alderman Lewis moved, seconded by Alderman Ray, that Ordinance be
APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis,
I Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen:
Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty
voted AYE. NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1004 THIS 16th DAY OF
September 1993.
d. ORDINANCE 1005 ( #18 -93)
AN ORDINANCE VACATING AND CLOSING THAT UNDEVELOPED PORTION OF BLAIR
DRIVE IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION:
PROPERTY PERPENDICULAR TO THE SOUTH END OF MEMORIAL DRIVE); AND,
FOR OTHER PURPOSES.
Alderman Sansing moved, seconded by Alderman Ray, that Ordinance be
placed on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
II votes. MOTION CARRIED. Ordinance read FIRST TIME by City
Attorney Robert Hamburg.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
Alderman Sansing moved, seconded by Alderman Lewis to suspend the
rules and dispense with the reading of the Ordinance in its
entirety. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Fletcher, that
Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen:
Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty
voted AYE. NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST
READING.
Alderman Ray moved, seconded by Alderman Sansing, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Hamburg read the Ordinance for the SECOND TIME.
Alderman Ray moved, seconded by Alderman Smith, to further suspend
the rules and place the Ordinance on THIRD AND FINAL READING. ROLL
CALL: Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, City Attorney Hamburg read the
Ordinance for the THIRD AND FINAL TIME.
Alderman Ray moved, seconded by Alderman Sansing, that Ordinance be
APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1005 THIS 16th DAY OF
September 1993.
e. ORDINANCE 1006 ( 419 -93)
AN ORDINANCE VACATING AND CLOSING THAT UNDEVELOPED PORTION OF THE
LUCKY HEIGHTS ADDITION TO THE CITY OF JACKSONVILLE, ARKANSAS,
(GENERAL LOCATION: PROPERTY LOCATED ALONG GENERAL SAMUELS ROAD AND
LYING WEST OF THE ARKANSAS CREDIT UNION); AND, FOR OTHER PURPOSES.
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l i CITY OF JACKSONVILLE, ARKANSAS Ill REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
• Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be
placed on FIRST READING.. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. Ordinance read FIRST TIME by City
Attorney Robert Bamburg.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules
and dispense with the reading of the Ordinance in its entirety.
ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Fletcher moved, seconded by Alderman Sansing, that
Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen:
Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty
voted AYE. NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST
READING.
Alderman Fletcher moved, seconded by Alderman Ray, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Hamburg read the Ordinance for the SECOND TIME.
Alderman Ray moved, seconded by Alderman Lewis, to further suspend
the rules and place the Ordinance on THIRD AND FINAL READING. ROLL
CALL: Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Bamburg read the Ordinance for the THIRD AND FINAL
TIME.
Alderman Sansing moved, seconded by Alderman Ray, that Ordinance be
APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1006 THIS 16th DAY OF
September 1993.
I f. ORDINANCE 1007 ( #20 -93)
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
AN ORDINANCE VACATING AND CLOSING THAT UNDEVELOPED PORTION OF THE
ALLEY LOCATED ON THE EAST SIDE OF THE PRESENT SANCTUARY OF THE
FIRST UNITED METHODIST CHURCH, JACKSONVILLE, ARKANSAS, (GENERAL
LOCATION: FIRST UNITED METHODIST CHURCH, 220 WEST MAIN STREET);
AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be
placed on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. Ordinance read FIRST TIME by City
Attorney Robert Hamburg.
Alderman Ray moved, seconded by Alderman Lewis to suspend the rules
and dispense with the reading of the Ordinance in its entirety.
ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Ray moved, seconded by Alderman Sansing, that Ordinance be
accepted on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
It was noted by Mr. Ben Rice that the correct location is to the
East and not West of the sanctuary.
Alderman Ray moved, seconded by Alderman Fletcher, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received eight (8)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
City Attorney Hamburg read the Ordinance for the SECOND TIME.
Alderman Fletcher moved, seconded by Alderman Keaton, to further
suspend the rules and place the Ordinance on THIRD AND FINAL
READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray,
Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion
received eight (8) affirmative votes (0) negative votes. MOTION
CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for
the THIRD AND FINAL TIME.
Alderman Keaton moved, seconded by Alderman Twitty, that Ordinance
be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis,
Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1007 THIS 16th DAY OF
September 1993.
GENERAL: a. RESOLUTION 464 ( #6 -93)
A RESOLUTION ENCOURAGING RESOLUTION TO THE CURRENT DISAGREEMENT
BETWEEN THE LOCAL CABLE CARRIER, STORER CABLE, AND OUR LOCAL
NETWORK AFFILIATES, HARK, KATV, AND KTHV, OVER COMPENSATION FOR
BROADCAST SIGNAL PRIVILEGES; AND FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Lewis that Resolution
464 (#6 -93) be read. ROLL CALL: Aldermen: Smith, Lewis,
Sensing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE.
NAY (0). Motion received eight (8) affirmative votes, (0) negative
votes. MOTION CARRIED. City Attorney Bamburg read the Resolution
in its entirety.
i Mayor Swaim related that the FCC has allowed cities to regulate the
basic cable rate if it falls outside the guidelines or benchmark
previously setup by the FCC. He further related that although the
City has no authority in regard to the benchmark, hopefully the
Resolution will encourage positive action and alert those parties
involved to the feelings of the general public of the City of
Jacksonville.
Mayor Swaim requested an amendment to paragraph three in order to
clarify any confusion in regard to any increase in business
television advertising rate as opposed to the erection of
television antennas.
Alderman Fletcher related that he is very concerned about the
quality of network television and cited articles written by
Joycelyn Elders which reflect the same view point.
Mayor Swaim concurred with the need for better network quality and
expressed he would be open for any such amendment to the Resolution
before Council or if needed Alderman Fletcher could work with the
City Attorney to draft a separate Resolution dealing more
specifically with the quality of network television.
Alderman Smith also concurred with Alderman Fletcher stating that
he was unclear as to the solution.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
The amended sentence shall read as follows: Whereas, the inability
of the parties to reach an amicable agreement will result in
additional cost to cable subscribers, these increases could
include erection of expensive and unsightly television antennas to
view local network affiliates broadcasts, as well as confusion and
increases (most likely) of business television advertising rates
and usage. All would result in increased cable service cost.
Alderman Smith moved, seconded by Alderman Ray to approve
Resolution 464 as amended. MOTION CARRIED.
c. Economic Development Study /Appropriation of $25,000.00
Mayor Swaim related that the Grant has been approved and asked
Council to appropriate the $25,000.00 funds to match the $75,000.00
dollars as furnished with the Economic Development Grant received.
Alderman Ray moved, seconded by Alderman Smith to appropriate
matching funds of $25,000.00 from Sales Tax Fund.
Mayor Swaim related that he will appoint a committee to work with
the person hired to prepare the study. Be further related that
four public hearings will be held in order to get input from the
public in regard to the study. Monitoring of the study will be
done through the Mayor's office. Interviewing for the director
position has begun. Applications for the assistant position will
close Monday, September 20th.
In response to a question from Alderman Williamson, Mayor Swaim
related that the position was advertised as a time limited position
that being through the grant period only, adding that this may
increase difficulty of hiring. The alternative being that a
consulting firm be hired to conduct the study which may result in
less input from the general public.
At this time the MOTION CARRIED.
APPOINTMENTS:
ANNOUNCEMENTS: Board of Adjustment /Tad Green
Mayor Swaim related that Tad Green has volunteered to serve on the
Board of Adjustment from the Planning Commission.
Alderman Smith moved, seconded by Alderman Ray to approve Planning
Commission member Tad Green serving on the Board of Adjustment.
MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
WILLOW BEND APARTMENTS:
Discussion ensued as to the unsightliness of the Willow Bend
Apartments and the concern of property owners in regard to the
violence in the area.
Mayor Swaim related that he and the Chief of Police have had
several discussions with the management company of the apartments
and repairs were made, However, the property was devalued again in
a relatively short period of time by some of the residents living
in apartments. He further related that he welcomes any suggestions
or recommendations and then offered the suggestion that the City
Attorney write a letter to the management company encouraging them
to accelerate their efforts to make the property more presentable
and safer for the residents. It was remarked by Mayor Swaim that
this is a nation wide problem and recently while attending a
national league of cities meeting, they recommended family training
classes to teach neighborhoods to become more family oriented, more
disciplined, and attuned to the needs of their neighbors. He
related that this issue has become a concern on a national level
and as yet there has been no solution that cities and states can
i come together on.
DOROTHY HEAD /PROPERTY ON DENNIS LANE
Alderman Smith inquired as to any progress concerning Mrs. Head and
her property located on Dennis Lane.
City Attorney Hamburg related that Mrs. Head's attorney has
received the consent judgement and agreed prior to the court date
that the family would tear the structure down and rid the property
of unsightly conditions in order to meet with City Code. Mrs. Head
was recently released from the hospital and is no longer living on
the property. She and the co- defendant have received the court
order giving them thirty (30) days to have the property meet with
City Code, adding that if not completed in that time frame the City
will go in without further court action, file a lien against the
property for the cost of bringing the property up to City Code.
MUMS, MUSIC AND MUSCADINES
Mayor Swaim related that the festival will be held on Saturday
October 2nd and Sunday October 3rd and will take place on the
grounds at City Hall. He further related that a shuttle bus will
be provided for those parking at the junior high or behind Lamanco.
Handicap emblems should be displayed to alert police that you will
need Handicap parking. T- shirts are on sale for $10.00 at City
I Hall.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 16, 1993
7:00 P.M. - 8:15 P.M.
ADJOURNMENT
Alderman Fletcher moved, seconded by Alderman Ray that the meeting
adjourn at approximately 8:15 p.m.
Respectfully,
y/ri. I •.... _Eric s /, _ .,i
Ltd M. Leonar MAYOR
City Clerk- Treasurer
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