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13 FEB 21 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 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 February 21, 2013 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Director of Administration Jim Durham, City Engineer Jay Whisker, Human Resource Director Jill Ross, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Parks and Recreation Director Kristen Kennon, Parks and Recreation Assistant Director Kevin House, 911 Communications Director Tabby Hughes, Code Enforcement Officer Charlie Jenkins, Water Department Superintendent Jake Short, Water Department Field Supervisor Sal Pappalardo, Johnny Simpson, Tommy Dupree, Jack Danielson, NAACP President Gwendolyn Harper, Keith Webber, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of February 7, 2013 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 Bolden that the minutes of the regular City Council meeting of 24 January 2013 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Bolden to approve the Regular Monthly Report for January 2013 regarding annual crime statistical comparisons. Code Enforcement for January 2013 Assigned Calls 54 Self Initiated Calls 322 Follow ups 233 Basketball Goals 5 Meetings/Court Hearings 148 Structures Inspected 29 Citations/Warnings Issued 1 Rental Properties Inspected 22 Notices/Letters Written 31 Properties Red Tagged 0 Vehicles Tagged 5 Search Warrants Served 5 Vehicles Towed 2 Structures Rehabbed 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. Lots posted 0 Structures Condemned 0 Signs removed 79 Houses Demolished by City 2 Trash cans tagged 32 Houses Demolished by Owner 0 Parking Violations 18 Grass Letters 0 Grass Mowed 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Bolden to approve the regular monthly report for January 2013 from the Jacksonville Fire Department, reflecting a fire loss of $0.00 and a savings total of $0.00. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: ORDINANCE 1479 (#10-2013) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:02 p.m. Code Enforcement Officer Charlie Jenkins offered a PowerPoint presentation regarding two proposed condemnations located at 104 Faulkner and 140 Roosevelt. He demonstrated structural damage, water damage, and hazardous electrical wiring conditions at both houses as well as varmint infestation. He noted that Ms. Takeesha Bryant owner of record at 104 Faulkner had related to him that she had verbally deeded the property over to the City. He also noted that 140 Roosevelt had been vacant for over one year. The PowerPoint presentation has been made a part of the condemnation record. Mayor Fletcher closed the public hearing at approximately 7:10 p.m. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1479 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1479. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1479 on FIRST READING and to suspend the rules and place Ordinance 1479 on SECOND READING. In response to a question from Alderman Traylor, Code Enforcement Officer Jenkins related that the only owners of record for 140 Roosevelt are Michael & Terri Wright. He then explained that several letters were sent to them at a Memphis address with no response. He then explained that it is not unusual for the homestead credit to pay the taxes on these houses. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1479. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1479 on SECOND READING and to further suspend the rules and place Ordinance 1479 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1479. Alderman Elliott moved, seconded by Alderman McCleary that Ordinance 1479 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing that the EMERGENCY CLAUSE be attached and approved. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1479 THIS 21 DAY OF FEBRUARY 2013. In response to a question from Alderman Howard, Code Enforcement Officer Jenkins updated the City Council regarding the property addressed as 119 Roosevelt Road. He related that since the owner, Mr. Dwayne Hall, appeared before City Council there has been no further rehab work performed on the house. He went on to say that Mr. Hall has not been in contact with him since before Christmas. He related that he had spoken with one of Mr. Hall’s neighbors, who told him that Mr. Hall had mentioned that he had to spend $1,100.00 on his vehicle and was not able to continue working on the house. He added that Mr. Hall did not communicate that information to the Code Enforcement Department, pointing out that Mr. Hall has the email address and could have communicated any hardship with Code Enforcement. He stated that Mr. Hall was notified by 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. Officer Nolan that following the storm there were limbs on his roof but he did not come to Jacksonville to address that situation. It was noted that Mr. Hall extension would expire March 1, 2013. Code Enforcement Officer Jenkins recalled that the Mr. Hall was supposed to report on his progress to the City Council periodically. STREET DEPARTMENT: SANITATION DEPARTMENT: ORDINANCE 1476 (#7-2013) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURCHASE OF FOUR HUNDRED TWENTY FIVE (425) NEW GARBAGE CONTAINERS FOR THE JACKSONVILLE SANITATION DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Public Works Director Jim Oakley noted that the purchase is a 2013 budgeted item. He explained that he is requesting to use the same vendor that was used with the original purchase so there is continuity in the collection containers. He recalled that the City originally purchased ten thousand containers regarding the automated program, explaining that since that time additional homes have been built, and many households have requested a second container. Alderman Bolden moved, seconded by Alderman Ray that Ordinance 1476 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1476. Alderman Ray moved, seconded by Alderman Robinson to APPROVE Ordinance 1476 on FIRST READING and to suspend the rules and place Ordinance 1476 on SECOND READING. He then answered Alderman Traylor that the vendor has offered to sell the additional containers at the same low bid price as the original purchase. Additionally, he pointed out that if a different vendor is used the City would have to pay for a new logo setup. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1476. Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1476 on SECOND READING and to further suspend the rules and place Ordinance 1476 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1476. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. Alderman Ray moved, seconded by Alderman Robinson that Ordinance 1476 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be attached and approved. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1476 THIS 21 DAY OF FEBRUARY 2013. PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1474 (#5-2013) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 200 N. SECOND STREET); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Whisker related that the property was formerly Dr. Bush’s office, explaining that the buyer is requesting to change the zoning back to residential so she can live in the home. Alderman Bolden moved, seconded by Alderman Ray that Ordinance 1474 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1474. Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1474 on FIRST READING and to suspend the rules and place Ordinance 1474 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1474. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1474 on SECOND READING and to further suspend the rules and place Ordinance 1474 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1474. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1474 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1474 THIS 21 DAY OF FEBRUARY 2013. b. ORDINANCE 1475 (#6-2013) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 620 SOUTH FIRST STREET); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Whisker related that the property is located at the corner of south First Street and Dupree Drive, explaining that the property has been used as a car lot for many years but the zoning did not match that use. He stated that the current zoning is C-2 and it should be C-3 to accommodate being used as a car lot. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1475 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1475. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1475 on FIRST READING and to suspend the rules and place Ordinance 1475 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1475. Alderman Ray moved, seconded by Alderman Mashburn to APPROVE Ordinance 1475 on SECOND READING and to further suspend the rules and place Ordinance 1475 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1475. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1475 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1475 THIS 21 DAY OF FEBRUARY 2013. GENERAL: a. RESOLUTION 693 (#2-2013) A RESOLUTION IN SUPPORT OF AND AUTHORIZING THE TRANSFER OF OWNERSHIP FOR CERTAIN PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION: 1200-1300 BLOCK OF MARSHALL ROAD) TO CLARIFY AND CERTIFY PROPERTY LINES AND RESPONSIBILITIES OF THE CITY IN FUTURE DEVELOPMENT OF SAID PROPERTY; AND, FOR OTHER PURPOSES. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. City Attorney Bamburg stated that the legal descriptions have been corrected and have been mapped out, referring to the PowerPoint offering the corrected boundaries. He related that the documents are in order. He stated that the City property is located outside the fenced area and has no contamination issues. He noted that the area across Marshall Road is Tract 5 and will also be held by the City. He then stated that the only portion of Tract 4, which is adjoining Marshall Road that the City will be taking, is outside of the fence line. He stated that everything is now in order and it will satisfy the consent decree. He then reviewed that Tract 2 is already held by the City, adding that Vertac’s successor entity, which is called East Bay Realty, will keep and maintain in compliance with the requirements of the consent decree and monitoring required by EPA and ADEQ. Alderman Ray moved, seconded by Alderman McCleary to read Resolution 693 (#2-2013). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 693 (#2-2013). Alderman Ray moved, seconded by Alderman Sansing to approve Resolution 693 (#2-2013) in its entirety. MOTION CARRIED. b. RESOLUTION 694 (#3-2013) A RESOLUTION IN SUPPORT OF AND AUTHORIZING THE TRANSFER OF OWNERSHIP FOR CERTAIN PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION: 2201 REDMOND ROAD) TO TRANSFER AND CERTIFY PROPERTY OWNERSHIP IN ACCORDANCE WITH AND UNDER THE RESPONSIBLIITIES OF THE CITY THROUGH THE ACT 9 BOND ISSUE OF 1983; AND, FOR OTHER PURPOSES. City Attorney Bamburg stated that this property is currently identified as the Conestoga Plant. He related that there was a bond issue in 1983 under Act 9, explaining that the property had to be in the City’s name in order to qualify for that bond issue. He explained that a corporation would use them to improve the properties and run the corporation. He related that is exactly what Conestoga did and now they are requesting the release of the property. He noted that Conestoga paid off the bonds issued early, back in 1998. He stated that at the time it was beneficial to leave it as a lease agreement, but since they have closed the plant and sold the property and completed their obligations regarding the bond issue and lease agreement, it is incumbent under the agreement that the City transfer the property to Conestoga. Alderman Ray moved, seconded by Alderman Elliott to read Resolution 694 (#3-2013). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 694 (#3-2013). Alderman Elliott moved, seconded by Alderman Ray to approve Resolution 694 (#3-2013) in its entirety. MOTION CARRIED. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. c. ORDINANCE 1473 (#4-2013) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL ORDINANCE NOS. 213 AND 238 RENAMING CAMPBELL DRIVE TO LOMANCO DRIVE; FOR PROPERTY USE PROVISIONS AND DESIGNATIONS; AND, FOR OTHER PURPOSES. City Engineer Whisker related that the proposal was seen and approved by the Planning Commission, adding that it was originally named Campbell Drive because the Campbell’s owned the properties on both sides of the street. He pointed out that the property is now owned by Lomanco and they are requesting the name change. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1473 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Twitty, Robinson, and Howard voted AYE. NAY (0). Alderman Traylor abstained. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1473. Alderman Ray moved, seconded by Alderman Robinson to APPROVE Ordinance 1473 on FIRST READING and to suspend the rules and place Ordinance 1473 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Twitty, Robinson, and Howard voted AYE. NAY (0). Alderman Traylor abstained. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1473. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1473 on SECOND READING and to further suspend the rules and place Ordinance 1473 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Twitty, Robinson, and Howard voted AYE. NAY (0). Alderman Traylor abstained. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1473. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1473 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Twitty, Robinson, and Howard voted AYE. NAY (0). Alderman Traylor abstained. MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1473 THIS 21 DAY OF FEBRUARY 2013. d. ORDINANCE 1478 (#9-2013) AN ORDINANCE AMENDING JMC §§ 9.12 and 18.44.020 REGARDING DEVELOPMENT, OPERATION, USE OF, AND ZONING FOR SHOOTING RANGE FACILITY(IES) WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Bolden that Ordinance 1478 be placed on FIRST READING. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. City Attorney Bamburg stated that current Code provisions needed to be modified in order for the City to operate a shooting range as intended, adding that as well there were some additional provisions added that are appropriate and reasonable for that operation. He pointed out that the new provisions would not change the provision that discharge of firearms outside the use of the shooting range area is still prohibited. He stated that the Ordinance would also establish certain provisions regarding the construction of the outdoor facilities as well as any indoor facilities, mandating particular safety requirements not only for the disposal of ammunition but additionally safety circumstances to ensure that the discharges go into the appropriate equipment or materials to be absorbed and captured. He noted that regarding noise and other factors there would have to be exhaust fans because of the discharge that comes out of the weapons. He then added that it allows for overnight camping at the shooting range but only in the appropriate areas and only during appropriate sponsored events. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1478. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1478 on FIRST READING and to suspend the rules and place Ordinance 1478 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1478. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1478 on SECOND READING and to further suspend the rules and place Ordinance 1478 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1478. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1478 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1478 THIS 21 DAY OF FEBRUARY 2013. e. ORDINANCE 1477 (#8-2013) AN ORDINANCE AMENDING JMC § 9.36 REGARDING DEVELOPMENT, OPERATION, USE OF, AND APPROPRIATE ZONING CLASSIFICATIONS FOR NOISE LIMITATIONS WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. City Attorney Bamburg related that Ordinance 1477 allows for appropriate zoning classification regarding noise limitations in the City. He stated that this would improve and enhance the noise provisions that are currently in place. He explained that different zones would have different noise standards. He noted that the provisions were pattern after several other cities that have similar circumstances regarding a shooting range. He added that the Ordinance also creates quiet zones around certain areas such as hospitals, nursing homes, care facilities and educational facilities. He then reviewed that the provisions for dumpster and commercial trash trucks were established some years ago as a result of noise concerns, explaining that those provisions still prohibit that activity during certain hours. He then noted that the exceptions are the ones currently in place, the High School cannon, and events that are held between 7:00 a.m. to 10:00 p.m. would be exempt on public properties. He stated that the shooting range and mechanical devices that create sounds and alarms would be exempt. He added that activities on the Air Base including air craft noises that are incidental to the Base operations would be accepted. He pointed out that the fine structure would remain the same. Alderman Ray moved, seconded by Alderman Mashburn that Ordinance 1477 be placed on FIRST READING. Alderman Bolden requested clarification regarding the mention of church in Section One. City Attorney Bamburg answered that noise after 10:00 p.m. might be an issue. He then clarified that Section One provides for those noises that can be classified as loud and raucous, which would be any noise level that is beyond the appropriate decibel level and within the appropriate time period. He stated that during the day when business operations or activities are going, the noise level will be higher, at 10:00 p.m. it will decrease. He then answered that the noise level would be measured outside the facility, adding that there are provisions regarding the distance where the measurement would be taken. Alderman Traylor questioned if the distance is measured from off the property. City Attorney Bamburg stated that the measurement is 50’ from the building. Alderman Traylor questioned if that would still be the measurement if the owner had 10 acres. City Attorney Bamburg stated that he believes it would still be 50’ from the building. In response to Alderman Robinson’s question, City Attorney Bamburg noted that Reed’s Bridge events are covered under City events as an exception. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. Discussion ensued as to the where the measurement should be taken. City Attorney Bamburg clarified that the City Council could specify the location from where the measurement is taken. He explained that he was taking the 50’ from a vehicle measurement. He suggested that the City Council considered an amendment that would be applicable to whichever provision specified, whether it is interior, or exterior noise, or both. Alderman Traylor suggested that the specified distance be applicable to both interior and exterior noise. He added that he believes it should be established from the property boundary. City Attorney Bamburg noted the amendment. Alderman Traylor moved, seconded by Alderman Bolden to amend Ordinance 1477 to have all noises measured a distance of 50’ from the property boundary applicable to both interior and exterior noise. ROLL CALL to place on First Reading as amended: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1477. Alderman Bolden moved, seconded by Alderman Mashburn to APPROVE Ordinance 1477 on FIRST READING as amended and to suspend the rules and place Ordinance 1477 on SECOND READING as amended. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1477. Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1477 on SECOND READING as amended and to further suspend the rules and place Ordinance 1477 on THIRD and FINAL READING as amended. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1477. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1477 be APPROVED AND ADOPTED as amended. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1477 THIS 21 DAY OF FEBRUARY 2013. f. Request to accept bid for Shooting Range Mayor Fletcher related that ten bids were opened yesterday at 2:00 p.m., adding that the bid would be brought back to the City Council at the next regularly scheduled City Council meeting. He stated that references would be checked between now and the next City Council meeting. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher announced that the Municipal League Spring Convention would be held June 19–21, 2013 in Hot Springs. He asked that Alderman wishing to attend contact Michelle in his office. He then announced that Fire Chief John Vanderhoof is retiring, effective Friday, February 22, 2013. He pointed out that this is Chief Vanderhoof’s last City Council meeting. He stated that a reception would be held noon tomorrow at the Community Center to honor his service, adding that at that time the City will acknowledge his contributions to the community. He stated that Chief Vanderhoof will be missed, saying that the Fire Department has come a long way under his direction. Chief Vanderhoof received a standing ovation. Chief John Vanderhoof thanked the Mayor and City Council, saying that it has been a privilege working with them. He then thanked his firemen, the directors, and all the citizens of Jacksonville, saying that it has been his honor and privilege to serve. He stated that he has spent his entire life at the Jacksonville Fire Department, recalling his father’s service to the Fire Department and the times as a child he spent the night at the fire station. He stated that after graduating and joining the Marine Corp he came back and became a fireman in 1970. He related that the Fire Department has always been a part of him. He stated that he now considers himself to be joining the elite, those who have gone before him retiring from the Fire Department, which is the history of the Fire Department. He stated that he has always stuck with the Marine Corp motto that is “simplify”, which means “always faithful”. He stated that he believes he has always been faithful to God, family, and the Fire Department; which has always been his heart and soul. He noted that he is now 65 and has been with the Fire Department for almost 43 years, saying that there comes a time when you want to live the latter years traveling and fishing with his wife. He pointed out that he is leaving a part of himself with the City, which is his daughter Tabby Hughes, director of 911 Communications. He stated how proud he is of her, saying that he has always taught his children good work ethics. He concluded saying that he loves everyone and his time with the City. Mayor Fletcher stated that Chief John Vanderhoof is a loyal person, noting that in 43 years Chief Vanderhoof never missed one day of work. He stated that Chief John Vanderhoof is a dedicated person, a man of high values and principles. He went on to say that these attributes have been passed on to Tabby and the City is blessed to have her. He then went on to say that he feels he has been blessed with great Department directors. He added that the City reflects their good leadership. He wished Chief John Vanderhoof a happy retirement, saying that he will be greatly missed. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2013 7:00 P.M. – 8:03 P.M. Alderman Ray related to Chief John Vanderhoof that he has enjoyed working with him for so many years and that he admires him for his efforts regarding the outside the City Fire Protection, pointing out that Chief John Vanderhoof was instrumental in providing that to the outside surrounding communities. He stated that it has meant a lot to the Valentine Road area. Alderman Bolden suggested that the agenda be emailed as a more cost effective measure. It was noted for consideration. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 8:03 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 13