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03 DEC 18.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:00 P.M. – 7:37 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 December 18, 2003 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, Wilson, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Alderman Lewis arrived at approximately 7:07 p.m. Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Police Captain Baker, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. Edith Smith, Mr. Larry Smith, Mr. David McClanahan, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of December 4, 2003 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 20 November 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Animal Control Report for November 2003. Said report reflects: ADOPTION/FINES: $804.50 CONTRIBUTIONS: $ 10.00 TOTAL: $814.50 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for November 2003. Said report reflects the Total Value of Reported Stolen Property $66,297. Total Value of Recovered Stolen Property $15,600 and Total Report Sales $375.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for November 2003 from the Jacksonville Fire Department, which reflects a fire loss of $36,900 and a savings total of $185,500. 1 ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:00 P.M. – 7:37 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1216 (#25-03) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 18.44.030, 18.48.030, 18.52.030, 18.56.030, AND 19.60.020; PROMULGATING REGULATIONS AND RULES REGARDING THE INSTALLATION AND USAGE OF A CREMATORIUM WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1216 be placed on FIRST READING. Alderman Wilson stated that current ordinances do not address the installation and usage of crematoriums which was brought about as a direct request from the local funeral home. Alderman Stroud stated that no one in opposition attended the Planning Commission public hearing, adding that he would like to see the Ordinance tabled for third reading until the next regularly scheduled City Council meeting. He noted that Little Rock and North Little Rock have crematoriums and expressed that they have had no problems with those operations. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1216. Alderman Ray moved, seconded by Alderman Wilson that Ordinance 1216 be APPROVED on FIRST READING. Mr. John Harris of Moore’s Jacksonville Funeral Home related that he had met with the Planning Commission and explained the need for a crematorium in the Jacksonville area. He stated that research supports that a modern crematory is undetectable and emissions are monitored by EPA. He noted that he is aware of unpopular public opinion because of events such as what occurred in Georgia. He related that regulations have been put in place to make crematoriums friendly to the environment. He then answered that the crematoriums are permitted, regulated, licensed and tested through EPA. Alderman Twitty supported the proposal of a crematorium, noting that increasing it is becoming the choice of disposition. 2 Mr. Harris offered that 15% is the rate of cremation in the State, adding that projections for 2010 is 27% and by 2025 the percentage is projected to be 37%. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:00 P.M. – 7:37 P.M. He stated that the rise in cremations is more of a preference and social issue rather than a land issue. In response to a question posed by Alderman Lewis, Mr. Harris responded that the crematorium would have a stack that would not be detectable, showing the Council a picture of the proposed plans. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1216 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1216. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1216 be placed on THIRD and FINAL READING. Alderman Stroud moved, seconded by Alderman Howard to table the third and final reading of Ordinance 1216 until the next regularly scheduled City Council meeting. Alderman Wilson clarified that if the Ordinance is approved the request for a conditional use would still have to be advertised for a public hearing by the Planning Commission offering the public an opportunity to respond to the request. Discussion ensued as to the time frame involved through the public hearing process and it was determined that the public hearing would be held in February if the Ordinance is pass tonight and March if the third reading is delayed until the next regularly scheduled City Council meeting. Alderman Fletcher pointed out that passage of the Ordinance does not involve granting permission for the crematorium but establishing the operating regulations. He noted that the Planning Commission would approve the conditional use of a crematorium in a public hearing, offering the public an opportunity to have input. Mayor Swaim noted that the Ordinance would provide for a Conditional use zoning amendment, adding that a conditional use request would still have to be submitted by the Funeral Home for the Planning Commission to host a public hearing. He stated that the Ordinance would amend the zoning ordinance to allow a Condition Use for crematoriums in the various zones. 3 ROLL CALL: Alderman Sansing, Stroud, and Howard voted AYE. Alderman Elliott, Smith, Lewis, Ray, Wilson, Fletcher, and Twitty, NAY (0). MOTION to table third and final reading FAILED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:00 P.M. – 7:37 P.M. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1216. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1216 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. H ORDINANCE APPROVED, ADOPTED AND NUMBER 1216 THIS 18 DAY OF DECEMBER 2003. GENERAL: a. ORDINANCE 1214 (#23-03) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2004; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES \[COVERS: GENERAL FUND OPERATIONS, STREET FUND, AND SANITATION FUND\]; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1214 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1214. In response to a comment from Alderman Wilson, Mayor Swaim related that no funds from the projected one-cent sales tax income entered into the balancing of the 2004 budget, or anticipated funds regarding a decision from the courts on the sales tax funds. In response to a question from Alderman Smith, Mayor Swaim related that the maximum 3.5 percentage were given to bring employees to prevailing wage, adding that the minimum raise was $700.00 based on a sliding scale regarding prevailing wage. Discussion ensued regarding Entergy franchise fees and the allotment for mosquito control regarding various approaches to control. Mayor Swaim commended the Finance Department for their work on the budget and the Department heads for their cooperation. Alderman Howard moved, seconded by Alderman Smith that Ordinance 1214 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY 4 (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:00 P.M. – 7:37 P.M. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1214 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1214. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1214 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1214. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1214 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1214 THIS 18 DAY OF DECEMBER 2003. ORDINANCE 1215 (#24-03) AN ORDINANCE CREATING AN ANTI-BIASED BASED POLICING/RACIAL PROFILING POLICY FOR THE CITY OF JACKSONVILLE POLICE DEPARTMENT TO FOLLOW; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim stated that the City has not had any complaints or problems in this area, but under Federal law and State statue, each city is required to adopt the policy by ordinance. He related that the policy was prepared and reviewed by the City Attorney and was formed after a model ordinance provided by the Arkansas Municipal League. He added that the Police Department provided input, which was reviewed by the Human Resource Department. He noted that adoption of the policy brings the City into State law compliance. He reiterated that this is not in response to any complaint or any problem the City has had. Alderman Elliott moved, seconded by Alderman Ray that Ordinance 1215 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1215. 5 Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1215 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2003 7:00 P.M. – 7:37 P.M. Alderman Howard moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1215 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1215. Alderman Ray moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1215 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1215. Alderman Elliott moved, seconded by Alderman Smith, that Ordinance 1215 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. H ORDINANCE APPROVED, ADOPTED AND NUMBER 1215 THIS 18 DAY OF DECEMBER 2003. Alderman Howard moved, seconded by Alderman Stroud to cancel the following regularly scheduled City Council of January 1, 2004 because of the holiday. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim stated that City Hall will be closed January 1, 2004 New Year’s Day, adding that City Hall would be opened the following Friday. He stated that City Hall Open House will begin at 12:00 p.m. tomorrow and City recognition will begin at 2:00 p.m. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:37 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 6