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06 MAY 04.docCITY 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 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. ORDINANCE APPROVED, ADOPTED AND NUMBER 1278 THIS 4th 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. 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. ORDINANCE APPROVED, ADOPTED AND NUMBER 1279 THIS 4th 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). 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. ORDINANCE APPROVED, ADOPTED AND NUMBER 1277 THIS 4th 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, 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. ORDINANCE APPROVED, ADOPTED AND NUMBER 1280 THIS 4th 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 conflict with the June 15th 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 scheduled June 15th City Council meeting to June 27th 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. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer