06 MAY 04.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P.M. – 7:25 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 May 4, 2006 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Lewis
was absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Kary Jezwinski, City Engineer Jay Whisker, Public Works Director
Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks
and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs.
Judy Swaim, Mrs. Addie Gibson, Mr. Tommy Dupree, Mr. Tommy Bond, Mr.
Larry Smith, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of
April 20, 2006 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 6 April 2006 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for April 2006 from the Jacksonville Fire Department, which
reflects a fire loss of $6,000 and a savings total of $114,000.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1278 (#11-06) 7:00 p.m. PUBLIC HEARING
AN ORDINANCE ABANDONING A PUBLIC RIGHT-OF-WAY ON REAL PROPERTY LOCATED IN
THE REBSAMEN MEDICAL SUBDIVISION, JACKSONVILLE, ARKANSAS (GENERAL
LOCATION: REAL PROPERTY LOCATED AT THE CORNER OF JOHN HARDEN DRIVE AND
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MARSHALL ROAD, JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P.M. – 7:25 P.M.
Mayor Swaim opened the public hearing at approximately 7:02 p.m.
Mayor Swaim related that the property is located near the New China
Restaurant. He explained that the owner of the property adjacent to New
China Restaurant purchased lot 1 of the Rebsamen Medical Subdivision,
which is to be included in a shopping center development. He stated that
the easement runs along the lot line and is not used for utilities.
With no one to speak Mayor Swaim closed the public hearing at
approximately 7:03 p.m.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1278 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1278.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1278 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1278 on SECOND READING. ROLL CALL: Alderman Elliott,
Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1278.
Alderman Stroud moved, seconded by Alderman Howard to further suspend the
rules and place Ordinance 1278 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1278.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1278 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray,
Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION
CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1278 THIS 4 DAY OF MAY 2006.
b. ORDINANCE 1279 (#12-06)
AN ORDINANCE PROHIBITING REMOVAL OF ARTIFACTS AND/OR MEMORABILIA FROM
HISTORIC SITES IN JACKSONVILLE, ARKANSAS; CREATING JMC §9.40; AND, FOR
OTHER PURPOSES.
Alderman Howard related that Ordinance 1279 would allow for signage along
the Reed’s Bridge area prohibiting the use of metal detectors regarding
the unauthorized removal of artifacts.
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Mayor Swaim noted that the area would include the length of the
designated battlefield.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P.M. – 7:25 P.M.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1279 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1279.
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1279 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Howard to suspend the rules and
place Ordinance 1279 on SECOND READING. ROLL CALL: Alderman Elliott,
Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1279.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1279 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1279.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1279 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray,
Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION
CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1279 THIS 4 DAY OF MAY 2006.
c. ORDINANCE 1277 (#10-06)
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN REAL PROPERTY
BORDERING THE SOUTH AND WEST BOUNDARIES OF THE CITY LIMITS OF
JACKSONVILLE (COMMONLY REFERRED TO AS THE LOST CREEK ESTATES ANNEXATION);
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim related that the annexation has been approved by the County
Judge.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1277 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1277.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1277 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
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MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P.M. – 7:25 P.M.
Alderman Ray moved, seconded by Alderman Howard to suspend the rules and
place Ordinance 1277 on SECOND READING. ROLL CALL: Alderman Elliott,
Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1277.
Alderman Smith moved, seconded by Alderman Sansing to further suspend the
rules and place Ordinance 1277 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1277.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1277 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray,
Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION
CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1277 THIS 4 DAY OF MAY 2006.
APPOINTMENT(S): SEWER COMMISSION APPOINTMENT
Alderman Smith moved, seconded by Alderman Howard to approve the
reappointment of Jody Urqhart for a term to expire 4/20/2011. MOTION
CARRIED.
ADDITION TO THE AGENDA:
Mayor Swaim reminded the City Council of the ongoing problems with
condensation issues regarding the Community Center pool roof. He related
that a contractor has removed the insulation in order for a corrosion
expert to inspect the beams and decide if they would need to be replaced
before continuing efforts to stop the condensation. He noted that since
the pool is drained and closed, the contractor has proposed to begin the
work. He stated that the work is expected to take approximately four
weeks, explaining that if the item is delayed the pool would be closed
for a longer period of time. He stated that there is a proposal from
Howell Utilities who performed the preliminary work. He stated that the
last bid was over $400,000 and Howell Utilities offered that if allowed
to begin the project immediately they would complete the project for
$130,900. Mayor Swaim pointed out that this would be a significant
savings.
City Attorney Bamburg offered to pull together an Ordinance if the City
Council suspends the rules and places the item on the agenda.
Alderman Smith moved, seconded by Alderman Sansing to suspend the rules
and place an ordinance on the agenda to waive competitive bidding for the
repairs to the pool roof at the Community Center.
Mayor Swaim related that the corrosion was not as severe as feared,
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adding that the proposed solution is to drop the ceiling to create an
attic space so that the hot air from the heated pool does not go into the
ceiling and create condensation. He stated that a sealed acoustic panel
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P.M. – 7:25 P.M.
has been proposed, which would prevent the water from reaching the panel.
He noted that the air ducts, sprinkler system, and lighting would have to
be dropped below the new ceiling, which would be a considerable amount of
work involving several different trades. He then explained the process
for the installation of the material, noting that the material would be
specifically manufactured for this job.
At this time MOTION CARRIED.
ORDINANCE 1280 (#13-06)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS, FOR THE PURPOSE OF REPAIRS AND REHABILITATION TO THE COMMUNITY
CENTER POOL CEILING AREA; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1280 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1280.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1280 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Howard to suspend the rules
and place Ordinance 1280 on SECOND READING. ROLL CALL: Alderman
Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1280.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1280 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1280.
Alderman Howard moved, seconded by Alderman Ray that Ordinance 1280 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray,
Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION
CARRIED.
Alderman Elliott moved, seconded by Alderman Smith to attach and approve
the EMERGENCY CLAUSE to ORDINANCE 1280. ROLL CALL: Alderman Elliott,
Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1280 THIS 4 DAY OF MAY 2006.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 04, 2006
7:00 P.M. – 7:25 P.M.
ANNOUNCEMENT(S): Mayor Swaim announced that Alderman Lewis has been
released from the hospital and is now at home. He stated that Alderman
Lewis was in good spirits and would welcome visitors.
Mayor Swaim related that the Arkansas Municipal League meeting will
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conflict with the June 15 scheduled City Council meeting, explaining
options of postponing or rescheduling the meeting. He related that there
are five Thursdays in June.
Alderman Howard moved, seconded by Alderman Stroud to move the regularly
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scheduled June 15 City Council meeting to June 27 at the same appointed
time. MOTION CARRIED.
Alderman Stroud announced that Parks and Recreation Director George Biggs
has been appointed to the Governor’s Fitness Council. Mayor Swaim and
the City Council joined in congratulations to Mr. Biggs.
In response to a question regarding flooding and drainage from Alderman
Fletcher, Public Works Director Jim Oakley related that the area
involving Hwy 161 was reported to the Arkansas Highway Department two
weeks ago and a State crew was seen at the site. He added that he
reported the same area to the Highway Department again one week later.
Alderman Fletcher noted the hazardous condition involving the curve on
the freeway at the Main Street Overpass, especially during heavy rains.
He suggested additional signage and the possibility of additional guard
railing with reflectors.
Mayor Swaim related that conditions involving the curve were discussed
with the Highway Department following the previous fatal accident, which
was not weather related, but was attributed to speeding. He offered that
while it would be a major task to redesign the curve, it would be the
desire of the City that the road be made into a six-lane which would
affect that curve problem.
Mayor Swaim complimented the Street Department, relating that during the
recent heavy rains, there were complaints but there was not the same
flooding of cars and streets as with other cities. He stated that the
most impending problem with the heavy rains is that the Bayou Meto basin
fills and backs up causing a problem regarding the ability for water to
leave town.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:25 p.m.
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Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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