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96 MAY 02.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 2, 1996 7:00 P.M. - 7:38 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 2, 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, Fletcher, Williamson, and Keaton answered ROLL CALL. Alderman Ray came in at approximately 7:11 p.m. PRESENT EIGHT (8), ABSENT (2). Alderman Wilson was in Washington and Alderman Twitty was out of town. Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Personnel Director Michael Beeman, City Engineer Duane Reel, Public Works Director Murice Green, Director of Economic Development Phil Sullivan, Assistant to the Mayor Mark Powers, Police Chief Larry Hibbs, Planning Commissioner Kenny Elliott, Finance Director Paul Mushrush, Finance Accountant Cheryl Erkel, Quorum Court Member and Justice of the Peace Larry Goddard, Mr. Jim Buttry of Friday, Eldridge & Clark Law Firm, Mrs. Judy Swaim, Mrs. D.D. 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 April 18, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Knight moved, seconded by Alderman Lewis, that the minutes of the Regular City Council Meeting of April 4, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 2, 1996 7:00 P.M. - 7:38 P.M. GENERAL: DISCUSSION: Possible Assistance to local schools Alderman Marshall Smith addressed the item of business which requests Council assistance in use of the one-cent sales tax, after the indebtedness of the Community Center is paid off, for various improvements to local schools. He recognized Pastor Larry Burton, McArthur Drive Assembly of God, and a member of the Middle School Action Committee who made a presentation to the Council. Mr. Burton presented to the Council a written request and made a verbal appeal for the Council to assist the citizens of the community in upgrading the local schools in any way possible. He stressed that the physical appearance, especially of North Side and South Side Jr. High Schools, is very important to people as they make choices about where to live and educate their children. He urged the Council to help the community reclaim quality education for the area. He said that requests are being made to the school district for more facilities for track and field which could accommodate students and citizens alike. City Attorney Bamburg related that it is unfortunate, but that there are limitations, pointing out that there are some conflicting provisions in the State Constitution as well as court cases which have come off of circumstances similar to this, mentioning Fayetteville as an example. He explained the nature of the problem of that local area with regard to a tax passed by the voters adding that it cost the City of Fayetteville in excess of two and one-half million dollars in attorney's fees. He said the action of the suit was based on the City of Fayetteville spending city funds on school district properties. He urged the Council to be very careful in expending funds in this manner. Alderman Fletcher expressed concern for the school situation and suggested that a committee be formed to work with the citizens of the community. Alderman Williamson mentioned past efforts for the City to have its own school district which died for lack of interest also pointing out that the City built the tennis courts at the Jacksonville High School through the Parks Department which is used by both students and the general public. Mayor Swaim noted that there are areas where the City can help and that they are being investigated. He said that he has talked with elected officials in Fayetteville and is working on ideas shared from their experience pointing out that whatever is decided will have to be incorporated in the 1997 budget. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 2, 1996 7:00 P.M. - 7:38 P.M. He voiced that City Attorney Bamburg has requested more time to research the item. He pointed out that the Municipal League has advised against appropriating funds specifically for the school system but did not object to cooperative things. Alderman Smith voiced that he appreciated the input and volunteered to serve on a committee addressing the issue. Alderman Knight related that she felt the item warrants a committee and continual study requesting that City Attorney Bamburg be made a part of the committee. Mayor Swaim said that over the years at least five requests have come from area schools, North Pulaski, two elementary schools and the two Jr. High Schools for the help of the city to build or pave a parking lot. Mayor Swaim voiced that he would appoint a committee within the next few weeks to work with the citizens committee. It was pointed out by Alderman Williamson that the baseball and softball fields are provided for the schools enjoyment. During the course of the discussion Mayor Swaim related that changes would have to be made in the State Constitution with regard to what a city is allowed to do with their funds. He said that a "home rule" has been unsuccessful through the legal process at this time. He pointed out that it is illegal for a school district to pass a sales tax to fund the schools in the State of Arkansas. Mayor Swaim said that he favored the Middle School concept and felt it would make a big difference in the future of the school district and the City of Jacksonville. b. ORDINANCE 1056 (#5-96) AN ORDINANCE RESCINDING CERTAIN PROVISIONS OF ORDINANCE NO. 1048 (JMC SECTION 12.24.100) PROHIBITING PLACEMENT OF PLAYGOUND EQUIPMENT AT THE BACK OF ANY CURBLINE; AND, FOR OTHER PURPOSES. Alderman Williamson was recognized by Mayor Swaim to address the item of business. He made a statement regarding the fact that there are no playgounds or parks on the west side of Highway 67-167. He admonished the CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 2, 1996 7:00 P.M. - 7:38 P.M. Planning Commission to endeavor to set aside park areas in subdivision developments. He also admonished the Council in passage of ordinances to take more time in the process to let citizens be made aware, through the media, of what is going on. Alderman Fletcher agreed. No motion was made to read Ordinance 1056. Alderman Sansing voiced that the basketball situation was discussed when it was passed. c. RESOLUTION: 489 (#4-96) A RESOLUTION DECLARING INTENT OF THE CITY OF JACKSONVILLE, ARKANSAS, TO FINANCE CERTAIN EXPENDITURES FOR CAPITAL IMPROVEMENTS AND TO SEEK REIMBURSEMENT FOR SUCH EXPENDITURES FROM THE PROCEEDS OF BONDS, DESIGNATING A FORUM AND PLACE FOR A PUBLIC HEARING; AND, FOR OTHER PURPOSES. Alderman Reedie Ray moved, seconded by Alderman Lewis that Resolution 489 be read. MOTION CARRIED. Whereupon, City Attorney Bamburg read the resolution. Alderman Ray moved seconded by Alderman Lewis to dispense with the reading of the Resolution in its entirety. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Reedie Ray that Resolution 489 be APPROVED. Mayor Swaim stated that the hospital is no longer a municipal hospital, that it is a 501 C-3 but that bonds issued a number of years ago which are requested to be refinanced at a lower interest rate and for the provision of some additional funds that will allow construction at the hospital. He said that the Hospital Board is trying to be competitive in the market place and also meet some Health Department requirements to maintain the hospital in a proper manner. He said that competition is very hard adding that he is not ever in favor of issuing bonds due to the fact that interest has to be paid. He said that the request of the Board is to allow a public hearing and for reimbursement of funds which may be spent in the bond issue endeavor. It was pointed out by Mayor Swaim that each municipality is allowed to issue ten million dollars worth of bonds per year. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 2, 1996 7:00 P.M. - 7:38 P.M. He said that the Water and Wastewater Departments have indicated that they have no need to issue bonds this year pointing out that after January of 1997 the ten million dollars will be automatically reinstated. AT THIS TIME THE MOTION CARRIED passing RESOLUTION 489. d. $1,000.00 Appropriation for Entergy Environmental Grant Match Mayor Swaim explained that the request is to match an Entergy/AP & L Environmental Grant for hundreds of trees which are to be planted around the City through the efforts of the Economic Development Department. He said that the trees are potted and that a sprinkler system is needed for the growth process. Alderman Knight moved, seconded by Alderman Lewis to approve an appropriation of $1,000.00 from the Contingency Fund to match an Entergy Environmental Grant. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim announced that on 30 May 1996, from 6:30 p.m. to 8:00 p.m., at the Jacksonville Community Center, the Arena Facilities Board will meet to collect input from the citizens of Jacksonville with regard to what is desired by the general public in arena use. He related that Mr. J.P. Goddard, Justice of the Peace Ms. Billie Ann Meyers is a representative on the Board from the City of Jacksonville. He urged attendance at the meeting. Alderman Marshall Smith announced that on 14 May 1996, from 9:00 a.m. to 5:00 p.m., the first BUSINESS EXPO will be held at the Community Center in the City with prizes from approximately 40 booths with 18 major sponsors. Alderman Keaton pointed out that Mr. Preston Robinson has done an outstanding job of beautification in the industrial area on Redmond Rd. Mayor Swaim voiced that selling the Franklin building to a local industry was a good move adding that Mr. Robinson has used mulch provided through the tub grinding operation. Alderman Williamson voiced that the Communications Committee will meet in the very near future noting illness in the membership recently. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 2, 1996 7:00 P.M. - 7:38 P.M. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:35 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer