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96 JUN 20.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 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 20, 1996 at the regular meeting place of the Council. Alderman Smith 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 Assistants Michael Beeman and Mark Powers, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Director of Economic Development Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Community Development Director Tony Ply, Mrs. Judy Swaim, Planning Commissioners Art Brannen and Kenny Elliott, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, 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 June 7, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Lewis moved, seconded by Alderman Sansing, that the minutes of the Regular City Council Meeting of May 16, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Report/Police Department Alderman Lewis moved, seconded by Alderman Sansing, that the Regular Monthly Report for May, 1996 of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 81,440.29 Miscellaneous Payments $ 318.75, Report Sales $ 397.00 for a total Collections of $82,156.04. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. Regular Monthly Report/Fire Department Alderman Lewis moved, seconded by Alderman Sansing, that the Regular Monthly Report for May, 1996 of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 P.M. loss of $ 54,750.00 for the month of May) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. Regular Monthly Report/CDBG Department Alderman Lewis moved, seconded by Alderman Sansing, that the Regular Monthly Report of the Community Development Department for May, 1996 be approved. Said report reflects: Informal Meetings ....................................... 1 HUD Meetings............................................. 0 Public Hearings.......................................... 0 Professional meetings.................................... 2 Rehab: a. Letters to prospective applicants..................... 0 b. Applications received................................. 1 c. Bids Advertised....................................... 0 d. Work write-ups & estimates............................ 1 e. Pre-constructions conferences......................... 0 f. Appraisals & Environmental reviews.................... 0 g. Interim Inspections................................... 55 h. Final inspections..................................... 4 i. Emergency Inspection................................. 1 j. Partial payments...................................... 0 k. Project Close-outs.................................... 4 l. Warranty Repairs...................................... 1 m. Contracts signed...................................... 0 n. Rehab mortgages released............................. 3 Public Works: a. Proposals Received.................................... 2 b. Interim Inspections................................... 9 c. Project Close-out..................................... 0 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 P.M. SANITATION DEPARTMENT: PLANNING COMMISSION: a. Ordinance 1059 (#8-96) AN ORDINANCE AMENDING VARIOUS PLANNING AND ZONING PROVISIONS CONTAINED IN SECTIONS: 17.12.030, 17.12.070, 17.12.120, 18.04.160, AND 18.24.030 OF THE JACKSONVILLE MUNICIPAL CODE; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Wilson to PLACE the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes. (0) negative vote. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and dispense with the reading of Ordinance 1059 in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Ordinance received ten (10) affirmative votes, (0) negative vote. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Fletcher to ACCEPT the Ordinance on FIRST READING. There was a general discussion regarding (1) the Bill of Assurance being required at the time a Preliminary Plat is presented, (2) a change in the time limit regarding Final Plat presentation from forty-five to seventy-five days, and (3) conditional use requests being handled by the Planning Commission instead of the Board of Adjustment. City Attorney Bamburg explained that in the last revision of the Jacksonville Municipal Code a correction was made, at the suggestion of Metroplan, in one location and not in another section thus making the change set forth in Ordinance 1059 necessary with reference to the Bill of Assurance. He explained that the Planning Commission took into consideration the time when meetings occur in considering the change from forty-five days to seventy-five days. He said that the forty-five day limit also set forth automatic approval if no action was taken by the Commission adding that automatic approval is removed in the amendment presented in Ordinance 1059. He said that with the seventy-five day time frame recommendation, the plat would automatically be placed on the agenda for action by the Commission Secretary. Attorney Bamburg explained that Metroplan has recommended that Conditional Use requests come before the Planning Commission and not the Board of Adjustment. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 P.M. He remarked that the particular request affecting Dupree Park as addressed in Ordinance 1059 was put there due to the feeling of the Planning Commission that the type of facility proposed would only work adjacent to some of the larger parks in the City; Dupree Park being the only one with R-1 zoning around it. Alderman Wilson voiced that he did not think the ordinance is properly written, that it should be more of a general nature, but that his feelings were not strong enough to vote against it. There was a lengthy discussion regarding the forty-five, seventy-five day time frame with explanations from Planning Commissioners Kenny Elliott and Art Brannen, City Engineer Reel, City Attorney Bamburg and Mayor Swaim with regard to procedure in plat acceptance and approval with the following amendment: Alderman Keaton moved, seconded by Alderman Knight that the seventy-five days be amended to read forty-five days under Section 17.12.120. ROLL CALL: Aldermen: Knight, Smith, Lewis, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Aldermen: Sansing and Ray voted NAY. Motion received eight (8) affirmative votes, two (2) negative votes. MOTION CARRIED. At this time the aforementioned motion by Alderman Wilson, seconded by Alderman Fletcher was restated to APPROVE Ordinance 1059 on FIRST READING as amended: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Williamson to suspend the rules and PLACE the Ordinance on SECOND READING as amended. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Smith moved, seconded by Alderman Williamson to suspend the rules and place Ordinance 1059 as amended on THIRD AND FINAL READING: ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes. (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance. Alderman Fletcher moved, seconded by Alderman Wilson to APPROVE AND ADOPT ORDINANCE 1059 AS AMENDED ON THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 P.M. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1059 THIS THE 20th DAY OF JUNE 1996. GENERAL: a. ORDINANCE NO. 1060 (#9-96) EMERGENCY TRANSPORT AN ORDINANCE AUTHORIZING THE CITY OF JACKSONVILLE, ARKANSAS, TO EXTEND THE CONTRACT FOR NON-EMERGENCY SERVICES WITH ARKANSAS EMERGENCY TRANSPORT, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES Alderman Wilson moved, seconded by Alderman Knight to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. Alderman Ray moved, seconded by Alderman Lewis to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY(0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. Alderman Wilson moved, seconded by Alderman Knight to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 Smith moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Smith, that Ordinance 1060 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 P.M. Alderman Fletcher moved, seconded by Alderman Williamson, that the EMERGENCY CLAUSE be attached to Ordinance 1060. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 1060 THIS THE 20th DAY OF JUNE 1996. b. REPORT: Negotiations City Bus Service Mayor Swaim voiced that negotiations are as follows: the CATA Board has agreed to a one-year bus service contract for $19,500.00, plus the cost to the riders, to bring one (1) bus to Jacksonville from Little Rock in the morning and bring back in the afternoon, making two round trips per day. He said that the source of funding is Sales Tax receipts. Alderman Smith moved, seconded by Alderman Wilson to authorize the Mayor and City Clerk to enter the City of Jacksonville into a one (1) year trial bus service contract with CATA for one (1) bus round trip service daily at a cost of $19,500.00, to be taken from One Cent Sales Tax Receipts, plus the cost to the riders. MOTION CARRIED. APPOINTMENTS: PARKS & RECREATION COMMISSION appointment of Mr. John Fortenbury for a term to expire 05/09/2001 Alderman Wilson moved, seconded by Alderman Knight that Mr. John Fortenbury be appointed to the Jacksonville Parks & Recreation Commission for a five year term to expire 05/09/2001. MOTION CARRIED. ANNOUNCEMENTS: CITY COUNCIL MEETING / July 4, 1996 Mayor Swaim announced that the Regular Meeting of the City Council scheduled for July 4, 1996 has been cancelled with a Special Meeting to be called if necessary. DESIGN COMMITTEE from the Planning Commission Mr. Phil Sullivan announced that the Design Committee of the Planning Commission has scheduled meetings for property owners of the downtown area for 18 July at 5:30 p.m. at the new Community Center for the establishment of zoning and design guidelines and 23 July at Ramada Inn for input from the general public on the same CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 20, 1996 7:00 P.M. - 8:00 P.M. issues. He said that a recommendation is forthcoming to the City Council as to the final guidelines to be enforced by ordinance. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer