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05 MAY 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 19, 2005 7:00 P.M. – 7:22 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 19, 2005 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: Sansing, Ray, Rinker, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Lewis arrived at approximately 7:06 p.m. PRESENT seven (7), ABSENT (3). Aldermen Elliott, Smith and Fletcher were absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, CDBG Business Incubator Specialist Richard Sprow, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Edith Smith, Mr. George Reed, Mr. Larry Smith, Mr. Tommy Bond, interested citizens and members of the press. DEVIATION IN AGENDA: Mayor Swaim introduced Mr. Lindel Lay, the State Chairman of the Arkansas Committee for Employee’s Support of the Guard and Reserve (ESGR). Mr. Lay related that the ESGR Group operates under the supervision of the United States Department of Defense. He stated that it is his pleasure to make presentation to the City of Jacksonville and the City Police Department in recognition of the City’s support to members of the Military that are also employees of the City. He related that Officer Gregory Oginski and Officer Adam Cox nominated the City of Jacksonville as an employer who stayed in contact with them throughout their tour, letting them know they are valuable members of the City team as they served on active duty. He then noted that the City of Jacksonville has been very active in offering family support to all employees that have been called into active duty, adding that the City has provided e-mail, care packages and allowing for cash payment of accrued leave time to help families financially. He stated that the Department of Defense is commending the City of Jacksonville for being a great employer and lending support in various ways. He related that the support shown by the City is vital in maintaining our Military as our Country continues to fight the war on terrorism. He presented the Mayor and Chief of Police with a Five-star Statement of Support recognizing the various ways the City has demonstrated its support to the soldiers. Mayor Swaim noted that Mr. Lay is also the past president of Camp Robinson’s Military Community Council. Mayor Swaim then noted firefighters that have been called to active duty. RESUME AGENDA: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 19, 2005 7:00 P.M. – 7:22 P.M. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of May 5, 2005 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meeting of 21 April 2005 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Lewis to approve the Regular Monthly Animal Control Report for April 2005. Said report reflected: ADOPTION/FINES: $ 686.00 CONTRIBUTIONS: $ 0.00 TOTAL: $ 686.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Lewis to approve the Regular Monthly Report for April 2005. Said report reflects the Total Value of Reported Stolen Property $70,805. Total Value of Recovered Stolen Property $32,149 and Total Report Sales $438.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Lewis to approve the Regular Monthly Report for April 2005 from the Jacksonville Fire Department, which reflects a fire loss of $23,250 and a savings total of $250,000. Mayor Swaim noted that the agenda packets included information requested by the City Council regarding animal control statistics. ROLL CALL: Aldermen Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1253 (#15-05) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: VALENTINE ROAD); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim noted that the development would consist of nine duplexes on 2 Valentine Road. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 19, 2005 7:00 P.M. – 7:22 P.M. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1253 be placed on FIRST READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1253. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1253 be APPROVED on FIRST READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1253 on SECOND READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1253. Alderman Lewis moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1253 on THIRD and FINAL READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1253. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1253 be APPROVED AND ADOPTED. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1253 THIS 19 DAY OF MAY 2005. b. FINAL PLAT Forest Oaks PH II Alderman Ray moved, seconded by Alderman Lewis to approve the FINAL PLAT of Forest Oaks PH II. MOTION CARRIED. It was noted that lots 1-8 as depicted on the original plat was proposed as a 25’ setback but was adopted with a 35’ setback. GENERAL: a. ORDINANCE 1254 (#16-05) AN ORDINANCE TO CALL A SPECIAL ELECTION ON THE QUESTION OF LEVYING AN ANNUAL AD VALOREM TAX LEVY AT THE RATE OF ONE (1.0) MILL FOR THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF LAND AND CAPITAL IMPROVEMENTS FOR THE CITY’S PUBLIC LIBRARY, WHICH TAX WILL EXPIRE UPON PAYMENT IN FULL OF BONDS TO WHICH IT IS PLEDGED; SAID AD VALOREM TAX TO BE PLEDGED TO AN ISSUE OR ISSUES OF BONDS OF THE CITY OF JACKSONVILLE, ARKANSAS, ISSUED UNDER AMENDMENTS NOS. 30 AND 72 OF THE CONSTITUTION OF THE STATE OF ARKANSAS AND ACT 920 OF 1993, NOT TO EXCEED $2,500,000 IN AGGREGATE PRINCIPAL AMOUNT TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, AND EQUIPPING LAND AND ADDITIONAL CAPITAL IMPROVEMENTS FOR THE PUBLIC CITY LIBRARY OPERATED BY THE CITY OF JACKSONVILLE AND THE CENTRAL ARKANSAS LIBRARY SYSTEM; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND, DECLARING AN EMERGENCY. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 19, 2005 7:00 P.M. – 7:22 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1254 be placed on FIRST READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1254. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1254 be APPROVED on FIRST READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1254 on SECOND READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1254. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1254 on THIRD and FINAL READING. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1254. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1254 be APPROVED AND ADOPTED. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1254 THIS 19 DAY OF MAY 2005. APPOINTMENT(S): Appointment of Mrs. Pat Griggs to fill the unexpired term of Mr. Bill Gwatney. Alderman Howard moved, seconded by Alderman Sansing to approve the appointment of Pat Griggs to fill the unexpired term of Bill Gwatney for a term to expire 6/30/06. MOTION CARRIED. Reappointment of Mr. Bart Gray, Jr. to the Advertising and Promotion Commission. Mayor Swaim explained that the Advertising and Promotion Commission is specified by ordinance to have a certain number of members that own and operate hotels in the City. He noted that Mr. Gray’s term was a staggered term for only one year. Alderman Stroud moved, seconded by Alderman Lewis to approve the 4 reappointment of Bart Gray, Jr. to the Advertising and Promotion Commission for a term to expire 3/31/09. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 19, 2005 7:00 P.M. – 7:22 P.M. ANNOUNCEMENT(S): Second City Council meeting in June. Mayor Swaim noted that the Annual Municipal League meeting will be hosted thth in Hot Springs June 15 through the 17 and will present a conflict in scheduling with the second regularly scheduled City Council meeting of th June 16. Alderman Howard moved, seconded by Ray to move the regularly scheduled thth City Council meeting of June 16 to June 14 due to a conflict with the Annual Municipal League meeting. MOTION CARRIED. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:22 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 5