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04 JUN 03.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2004 7:00 P.M. – 7:15 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 3, 2004 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Cub Scout Pack 812 led a standing audience in the “Pledge of Allegiance” to the flag. Pack Leader Jeryll Story introduced Scouts Henry Beard, Cody Henson, Ajay Story and Franklin Lathery. 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. Alderman Lewis was absent. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Parks and Recreation Chairman Marsha Dornblaser, Police Captain Martin, Fire Chief Vanderhoof, Edith Smith, David McClanahan, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of May 20, 2004 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 Howard that the minutes of the Regular City Council Meeting of 6 May 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: PARKS & RECREATION: Request to Accept Bid for the Aquatics Park Mayor Swaim stated that with the help of the Parks and Recreation Commission the bid was cut by approximately $150,000,00; adding that the City is also able to contribute additional funds primarily because of the ruling in the Use Tax case. He stated that the total low bid is $2,633,250.00, adding that submitted bids were carefully evaluated in areas of negotiation for comparison. Alderman Stroud moved, seconded by Alderman Howard to approve the low bid for the Aquatics Parks from Flynco, Inc. in the amount of $2,633,250.00 based on the ability to appropriate additional funds from the collection of use tax funds. Mayor Swaim stated that the Park will be constructed substantially as it was designed, noting that there were some alterations in pool size as well as some changes in the aesthetics. He offered that the pool features will remain as originally proposed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2004 7:00 P.M. – 7:15 P.M. Parks and Recreation Director George Biggs answered that the pool would be constructed of plaster. He then recognized the Parks and Recreation Commission, the Mayor and City Council for their contributions in seeing the project to fruition. He related that there had been many negotiations, adding that the Commission is pleased with the final bid. He reiterated his appreciation to the City Council and then answered that the project is proposed for completion in time for the 2005 summer. Mayor Swaim recognized Finance Director Paul Mushrush, the contractor and architect as being instrumental in keeping the budget within bid requirements without sacrificing the quality of the Park. He related that a payment schedule has been arranged to allow the City to pay for the project as it develops. At this time, MOTION CARRIED. PLANNING COMMISSION: GENERAL: ORDINANCE 1228 AN ORDINANCE ABANDONING PUBLIC RIGHT-OF-WAY REAL PROPERTY LOCATED ON WEST MAIN STREET, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: REAL PROPERTY LOCATED ON WEST MAIN STREET ADJACENT TO THE NORTH SIDE OF OVERPASS, JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES. Mayor Swaim related that a public hearing was held at the previously regularly scheduled City Council meeting regarding the abandonment of an easement on West Main. He explained that there is a small parcel left from the construction of the overpass, adding that it serves no practical purpose for the City. He explained that the two adjacent property owners have agreed to accept the land and be responsible for maintaining the property. He stated that the property is approximately 2000 square feet and is shaped oddly. Alderman Howard moved, seconded by Alderman Stroud that Ordinance 1228 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 the heading of Ordinance 1228. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1228 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 Sansing that Ordinance 1228 be placed 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 1228. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2004 7:00 P.M. – 7:15 P.M. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1228 be placed 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 1228. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1228 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1228 THIS 3rd DAY OF JUNE 2004. Mayor Swaim explained to the Cub Scouts, the procedure for City Council reading and adopting an ordinance at one meeting instead of three separate meetings. b. ORDINANCE 1226 AN ORDINANCE ADOPTING A COMPREHENSIVE DEVELOPMENT USE PLAN FOR THE CITY OF JACKSONVILLE; CREATING JACKSONVILLE MUNICIPAL CODE § 18.06; AMENDING THE JACKSONVILLE LAND USE PLAN, MASTER STREET PLAN, AND MASTER SIDEWALK PLAN; AND, FOR OTHER PURPOSES. Mayor Swaim note that the Ordinance was approved on first reading at the regularly scheduled May 20th City Council meeting and was postponed for tonight to offer the City Council additional time to review the Comprehensive Development Plan. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1226 be placed 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 1226. Alderman Smith moved, seconded by Alderman Sansing to APPROVE Ordinance 1226 on SECOND READING. 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 Sansing that Ordinance 1226 be placed 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 1226. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1226 be APPROVED AND ADOPTED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2004 7:00 P.M. – 7:15 P.M. Mayor Swaim related that the Comprehensive Development Plan was formed through a Committee that hosted several public hearings; along with the assistance of Metroplan. He added that the Plan includes information gathered from a public survey of Jacksonville residents. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1226 THIS 6H DAY OF MAY 2004. APPOINTMENT(S): JACKSONVILLE WATER COMMISSION Alderman Smith moved, seconded by Alderman Howard to approve the appointment of Mr. Larry Wilson to the Jacksonville Water Commission for a term to expire 4/20/2012. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim thanked the Police and Fire Department regarding their participation in the veteran’s ceremony held at the Veteran’s Memorial. He announced that the LRAFB Air Show will be held Saturday and Sunday, encouraging the public to attend. He then related that the CDBG Department is sponsoring a financing/education training seminar at the Community Center on Saturday beginning at 9:00 a.m. Alderman Stroud announced that the 82nd Airborne would be performing a jump for the Air Show, adding that his grandson would be the second to parachute from the plane. He then answered that his grandson is 19 years old. Mayor Swaim stated that many of our men and women serving are of a very young age, adding that it affects us all. He invited and encouraged citizens to participate in the planned activities scheduled for the weekend. Parks and Recreation Director George Biggs announced that registration for the fishing derby begins at 7:00 a.m. June 12th and the fishing derby will start promptly at 8:00 a.m. Mayor Swaim reminded everyone that early voting is continuing through 4:00 p.m. Saturday at City Hall. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:15 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer