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05 NOV 03.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2005 7:00 P.M. – 7:16 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 November 3, 2005 at the regular meeting place of the City Council. Alderman Lewis delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Aldermen Sansing was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, 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. Edith Smith, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Larry Dupree, 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 October 20, 2005 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 3 October 2005 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the regular monthly report for October 2005. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 43 Building Inspections 138 Business License 13 HVACR 98 Electrical 116 Plumbing 56 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 226 Notice of Noncompliance 19 Property Mowed 38 Towed 1 Trash Letters 51 Trash Removal 6 CONDEMNATIONS Cost for March $2,123.26 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Aldermen Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2005 7:00 P.M. – 7:16 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: Request to Accept Bid for Fire Equipment Mayor Swaim related that bids were solicited from four separate companies but only one company responded to the bid request. He noted that the bid was within the projected cost and Chief Vanderhoof has recommended acceptance of the low bid. Alderman Smith moved, seconded by Alderman Stroud to accept the low bid of $13,070.00 from David’s Fire Equipment with funds to be drawn from budgeted funds from the Fire Department Equipment fund. In response to a comment from Alderman Fletcher, Mayor Swaim concurred that it was disappointing to receive back only one bid, but added that David’s Fire Equipment is a local vendor. At this time, MOTION CARRIED. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: 7:00 p.m. PUBLIC HEARING a. ORDINANCE 1263 (#26-05) AN ORDINANCE MAKING CERTAIN FINDINGS WITH RESPECT TO THE REFINANCING OF EXPANSIONS OF AND IMPROVEMENTS TO REBSAMEN MEDICAL CENTER; AUTHORIZING THE ISSUANCE OF REVENUE REFUNDING BONDS; AUTHORIZING A TRUST INDENTURE; AUTHORIZING A THIRD SUPPLEMENTAL LEASE; AUTHORIZING THE SALE OF THE BONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:03 p.m. Mayor Swaim explained that the public hearing is in reference to the issuance of revenue refinancing bonds for Rebsamen Medical Center. He asked anyone wishing to state opposition to the issuance be heard. No one presented opposition. Mayor Swaim closed the public hearing at approximately 7:04 p.m. Alderman Elliott moved, seconded by Alderman Lewis that Ordinance 1263 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1263. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2005 7:00 P.M. – 7:16 P.M. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1263 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1263 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1263. Alderman Smith moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1263 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1263. Alderman Elliott moved, seconded by Alderman Lewis that Ordinance 1263 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be attached to Ordinance 1263. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1263 THIS 3rd DAY OF NOVEMBER 2005. Mayor Swaim noted that passage of Ordinance 1263 will allow the Rebsamen Hospital to save approximately 1.7 million dollars until year 2021. b. CDBG Consolidated Plan Update 2006 Strategic Action Plan Mayor Swaim related that the 2006 Strategic Action Plan is the follow up plan to the approved five-year plan, pointing out that the City Council has had an two week opportunity for review. Alderman Ray moved, seconded by Alderman Howard to approve the CDBG Consolidated Plan Update 2006 Strategic action Plan. MOTION CARRIED. c. ORDINANCE 1264 (#27-05) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §2.90.010; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mayor Swaim related that the Ordinance addresses issues regarding the A&P Commission, amending the Jacksonville Municipal Code, noting that Alderman Smith and Stroud are sponsors for Ordinance 1264. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2005 7:00 P.M. – 7:16 P.M. Alderman Smith related that the ordinance addresses the membership of the Commission, explaining that under the existing ordinance it states that 3 of the 4 members from the industry have to be managers or owners of local motels. He stated that the ordinance amends to include the wording of restaurant and any combination thereof, adding that the qualification of living in Jacksonville has been expanded to that of Pulaski County. He related that the amendments would provide for diversity among the membership, which is allowable by State Statute. He noted a requested changed in the present ordinance striking the wording of “recommended by the Commission” to read, “All shall be appointed by the Jacksonville City Council, etc.”. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1264 be placed on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1264. Alderman Ray moved, seconded by Alderman Lewis that Ordinance 1264 be APPROVED as amended on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1263 as amended on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1264. Alderman Stroud moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1263 as amended on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1264. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1264 as amended be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be attached to Ordinance 1264. ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1264 THIS 3rd DAY OF NOVEMBER 2005. APPOINTMENT(S): ANNOUNCEMENT(S): CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2005 7:00 P.M. – 7:16 P.M. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:16 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer