96 JUN 06.DOC CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 6, 1996
7:00 P.M. - 7:30 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 June 6, 1996 at the regular meeting place of the Council. Alderman Lewis delivered the invocation after
which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL. PRESENT TEN (10), ABSENT (0). Mayor Swaim answered ROLL
CALL and declared a quorum expressing appreciation to the audience for their attendance.
Others present for the meeting were: Mayoral Assistant Michael Beeman, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Coordinator
Murice Green, Finance Accountant Cheryl Erkel, Director of Economic Development Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Community Development Director Tony Ply,
Mrs. Judy Swaim, Mrs. D.D. Hibbs, other City employees, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of May 16, 1996 for study and action 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 May 2, 1996 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
ANIMAL CONTROL DEPARTMENT/APRIL
Alderman Wilson moved, seconded by Alderman Ray to APPROVE the monthly Animal Control Report for the month of May 1996.
Report reflects the following:
CONTRIBUTIONS............................ $ .00
ADOPTION/FINES .......................... $ 525.00
SECURITY DEPOSITS........................ $ 50.00
TOTAL.................................... $ 575.00
ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 6, 1996
7:00 P.M. - 7:30 P.M.
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & REC DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. Ordinance 1057 (#6-96) Fireworks
Mayor Swaim introduced the Ordinance and requested a motion to place on Second Reading.
Alderman Smith moved, seconded by Alderman Wilson to place the Ordinance as amended on SECOND READING.
Alderman Knight moved, seconded by Alderman Smith to amend Ordinance 1057 as follows; Section One: B) c) Payment for and/or providing sufficient security personnel so as to provide
adequate traffic and safety control needs created by said display; ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman
Sansing voted NAY. Ordinance received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED.
At this time a ROLL CALL was taken to read the Ordinance as amended: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Sansing
voted NAY. Motion received nine (9) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Sansing commented that he felt that as the ordinance is written, the authority of the City is removed.
City Attorney Bamburg stated that approval is obtained and information from the State Fire Marshall and the City Fire Chief will be assisting the State in monitoring each request making
sure that there is compliance with regulations. He said that state regulations are already in place.
Alderman Sansing voiced that he felt that passage of the ordinance would be an act of favoritism.
Alderman Wilson moved, seconded by Alderman Smith to ACCEPT the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and
Twitty voted
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 6, 1996
7:00 P.M. - 7:30 P.M.
AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, (1) negative vote. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Williamson to suspend the rules and place Ordinance 1057 as amended on THIRD AND FINAL READING: ROLL CALL: Aldermen: Knight, Smith, Lewis,
Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon
City Attorney Bamburg read the Ordinance.
Alderman Wilson moved, seconded by Alderman Smith to APPROVE AND ADOPT ORDINANCE 1057 AS AMENDED ON THIRD AND FINAL READING.
A short discussion ensued regarding the ability of all citizens to use the privilege.
The general consensus was that the opportunity for organizations or groups of citizens to participate in combined efforts for fireworks displays is provided for by Ordinance 1057.
ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes,
(1) negative vote. MOTION CARRIED.
Alderman Keaton moved, seconded by Alderman Smith that the EMERGENCY CLAUSE BE APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty
voted AYE. Alderman Knight, Lewis and Sansing voted NAY. Motion received nine (7) affirmative votes, Three (3) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read
the Ordinance.
b. Fair Housing Impediment Study
Alderman Wilson moved, seconded by Alderman Smith that the Fair Housing Impediment Study be accepted. MOTION CARRIED.
c. Amended Fair Housing Ordinance 1058 (#7-96)
AN ORDINANCE MODIFYING THE FAIR HOUSING CODE IN THE CITY OF JACKSONVILLE; AMENDING CHAPTER 9.28 OF THE JACKSONVILLE MUNICIPAL CODE; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 6, 1996
7:00 P.M. - 7:30 P.M.
City Attorney Bamburg explained that the Fair Housing Code provides that anyone that unlawfully refuses to sell or rent a dwelling or a place to live because of race, color or religious
preference, sex or national origin is illegal. He said that the Courts and Congress have added the status of persons of different cultures and families as well as disabilities under
the ADA. He said that the ordinance is written so as to satisfy those inclusions into the prohibitions for rent; that updating the Fair Housing Code Ordinance is necessary to satisfy
HUD requirements for funding to the City of Jacksonville.
Alderman Ray moved, seconded by Alderman Wilson, to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
Alderman Fletcher moved, seconded by Alderman Wilson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance
for the SECOND TIME.
Alderman Fletcher moved, seconded by Alderman Smith, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing,
Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney
Bamburg read the Ordinance for the THIRD AND FINAL TIME.
Alderman Fletcher moved, seconded by Alderman Wilson that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1058 THIS 6TH DAY OF JUNE 1995.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 6, 1996
7:00 P.M. - 7:30 P.M.
d. Request to Accept Bid Ref: Leemac Street (CDBG Project)
Mr. Tony Ply, CDBG Director was recognized by Mayor Swaim to address the City Council.
He related that the department is requesting to take the Deductive Alternate #1 bid by Jefco Construction with construction of sidewalks to follow as money is available.
Alderman Smith moved, seconded by Alderman Wilson that the Deductive Alternate #1 Bid by Jefco Construction in the amount of $143,525.00 be accepted. MOTION CARRIED.
APPOINTMENTS:
ANNOUNCEMENTS:
CITY COUNCIL MEETING / July 4, 1996
The general consensus of the Council was that the regular meeting scheduled for July 4, 1996 be cancelled with a Special Meeting to be called if necessary.
BUILDINGS/MUNICIPAL DRIVE:
Mayor Swaim voiced that consideration is being given to city owned buildings located on Municipal Drive with regard to improvements or removal in response to a question from Alderman
Joe Williamson. He said that he had planned to get bids from asbestos removers for a section nearest the end of city property relating that he will bring a proposal to the Council in
the near future.
REDMOND RD. BRIDGE:
Mayor Swaim related that when asphalt and overlay are in place, the bridge will be open for public use.
OVERPASS:
Mayor Swaim related that the TCC has not met and therefore no progress is to be reported relating to the railroad overpass.
FIREWORKS DISPLAY:
Mayor Swaim announced that there will be a fireworks display by the LRAFB on 4 July 1996 with an invitation to all extended.
MUNICIPAL LEAGUE MEETING:
Mayor Swaim announced that the Annual Conference of the Municipal will begin June 18, 1996.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JUNE 6, 1996
7:00 P.M. - 7:30 P.M.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:30 p.m.
Respectfully,
___________________________ ____________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer