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98 FEB 05.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 1998 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 February 5, 1998 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: Elliott, Smith, Lewis, Sansing, Ray, Williamson, and Howard answered ROLL CALL. Alderman Keaton was absent due to surgery, Alderman Fletcher came in at approximately 7:06. PRESENT EIGHT (8), ABSENT (2). Mayor Swaim answered ROLL CALL and declared a quorum. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Police Chief Larry Hibbs, Public Works Director Murice Green, Director of Human Resources Mr. Steven Ward, Mr. Frank Rowland of OECD, Mrs. Judy Swaim, Mrs. Dee Dee Hibbs, Mrs. Robert Lewis, 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 January 15, 1998 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of December 18, 1997 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL DEPT: Alderman Elliott moved, seconded by Alderman Sansing to APPROVE the monthly Animal Control Report for January 1998. Report reflects the following: CONTRIBUTIONS............................. $ ADOPTION/FINES ............................$ 774.00 REVENUES:..................................$ 774.00 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Williamson, and Howard voted AYE. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Sansing to APPROVE the Regular Monthly Report for January, 1998 of the Economic and Community Development Department be approved. Said report reflects: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 1998 7:00 P.M. - 7:30 P.M. Public Works: a. Projects bid..........................................0 b. Interim Inspections...................................4 c. Project Close-out.....................................1 d. Pre-construction Conference...........................0 Hag: Applications Processed...................................0 Grants Approved..........................................0 Approval Pending.........................................0 Rehab: a. Letters to prospective applicants.....................7 b. Applications received.................................1 c. Work write-ups & estimates............................2 d. Appraisals & Environmental reviews....................0 e. Bids Advertised.......................................3 f. Pre-construction conferences/Contracts signed.........2 g. Interim inspections...................................0 h. Final Inspections.....................................2 i. Project starts........................................21 j. Project Closeouts.....................................0 k. Emergency Inspection/worked...........................1 l. Warranty Repairs......................................0 m. Rehab mortgages released..............................0 Meetings: Informational Meetings(ED)...............................4 Informational Meetings(CD)...............................3 Public Meeting (0ECD)....................................0 Conferences/Seminars/Training............................1 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Williamson, and Howard voted AYE, NAY (0). MOTION CARRIED. PUBLIC HEARING: 7:05 P.M. Ordinance 1091 (#1-98) Ref: Fencing AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 8.04, 18.44.030, 18.48.020, 18.48.030, 18.52.020, 18.52.030, AND 18.56.020 TO ADDRESS PROVISIONS FOR THE OPERATION AND APPLICABLE ZONING REQUIREMENTS OF COMMERCIAL MOTOR VEHICLE PARTS, REPAIR, SALES, AND/OR SALVAGE ESTABLISHMENTS; AND FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:05 p.m. He related that a Council committee, of which Alderman Phil Keaton was chairman, with members from the community at large involved, worked on the ordinance for several months adding that the Planning Commission has approved the ordinance. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 1998 7:00 P.M. - 7:30 P.M. Alderman Smith commented that he has had very little comment from the general public regarding the fencing ordinance. Alderman Fletcher came in at approximately 7:06 p.m. Alderman Ray commented that persons in the committee involved in businesses affected by the ordinance were instrumental in sharing its content with other business people in the area. Alderman Sansing said that comments regarding appliances being left out of the ordinance were made to him relating that he assured them that restrictions will follow in a future ordinance. There were no comments from the audience pro or con relating to the fencing ordinances and Mayor Swaim closed the public hearing at approximately 7:07 p.m. He explained that Ordinance 1091 has been before the Council previously for First Reading which was approved in the minutes of January 15, 1998 Regular City Council Meeting. Alderman Smith moved, seconded by Alderman Williamson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) 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 to APPROVE the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard 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 placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Ray, that Ordinance 1091 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 1998 7:00 P.M. - 7:30 P.M. AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1091 THIS THE 5th DAY OF FEBRUARY 1998. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: DRAINAGE BID: Gum and Hospital Drive/low bid Delta Enterprises Mayor Swaim explained that he and City Engineer Reel have contacted persons who recommend the work of Delta Enterprises, the low bidder, adding that the City feels comfortable the company is qualified to do the work needed. Alderman Elliott moved, seconded by Alderman Smith that the low bid of Delta Enterprises, $77,078.50, for the drainage project on Gum and Hospital Drive be APPROVED. MOTION CARRIED with funding to come from the Regular Drainage Fund. PARKS & RECREATION DEPT: PLANNING COMMISSION: ANNEXATION: Watkins Property Mayor Swaim commented that the parcel is an island left out of the last annexation by the City of Jacksonville and that it exists in the area of the Brushy Island Landfill. He related that if the Council sees fit to annex the parcel, as requested, the Quorum Court will have to release it adding that the Planning Commission has reviewed the request and recommended approval for annexation by the City Council. Alderman Smith moved, seconded by Alderman Lewis to approve the request for annexation of the Watkins Property near Brushy Island Landfill. MOTION CARRIED. (Legal description to be prepared by City Attorney Bamburg for presentation to the Quorum Court for their release.) GENERAL: ORDINANCE 1092 (#2-98) AN ORDINANCE AMENDING ORDINANCE NO. 1084 (#12-97), CODIFIED AS JACKSONVILLE MUNICIPAL CODE 2.46.010, REQUIRING INDEPENDENT CANDIDATES FOR MUNICIPAL OFFICE OF THE CITY OF JACKSONVILLE, ARKANSAS, TO FILE PETITIONS FOR NOMINATIONS AS INDEPENDENT CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 1998 7:00 P.M. - 7:30 P.M. CANDIDATES WITH THE PULASKI COUNTY CLERK NO LATER THAN NOON OF THE DAY BEFORE THE PREFERENTIAL PRIMARY ELECTION; ESTABLISHING A METHOD OF PUBLICATION OF SAID PROVISIONS IN COMPLIANCE WITH ACA 14-42-206 (E)(1); AND FOR OTHER PURPOSES. Mayor Swaim explained that new law by the State of Arkansas sets forth that all paper work be filed with the County Clerk's office making the ordinance before the Council necessary. Alderman Sansing moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Ray moved, seconded by Alderman Williamson to APPROVE the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received EIGHT (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Howard to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) 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: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 5, 1998 7:00 P.M. - 7:30 P.M. Alderman Sansing moved, seconded by Alderman Ray, that Ordinance 1092 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1092 THIS THE 5th DAY OF FEBRUARY 1998. APPOINTMENTS: BOARD OF ADJUSTMENT RE-APPOINTMENT: Ken Nabors for a term to expire 02/05/2001 Alderman Smith moved, seconded by Alderman Ray to appoint Mr. Ken Nabors to the Board of Adjustment for a term to expire 02/05/2001. MOTION CARRIED. ANNOUNCEMENT: CITY HALL WILL BE CLOSED FEBRUARY 16, 1998 IN CELEBRATION OF PRESIDENT'S DAY Mayor Swaim requested that Council Members contact his office with regard to committee appointments if they have a preference. He noted that he would like to make committee appointments at the next regular meeting of the Council. A roast at the Elderly Activities Center for Senator Bill Gwatney was announced and Council Members were encouraged to reserve a table, $25.00 being the cost per individual. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED. Respectfully, ___________________________ ____________________________ Lula M. Hawkins MAYOR City Clerk-Treasurer