07 DEC 06.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 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 6, 2007 at the regular meeting place of the Council. Alderman Ray delivered the invocation and
Vice Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard answered roll call. Vice Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT seven (7),
ABSENT (3). Aldermen Sansing, Twitty and Mayor Swaim were out of town.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kathryn Jezwinski, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Finance Director
Paul Mushrush, Finance Manager Cheryl Erkel, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Battalion Chief Kendall Snyder, Police Chief Robert Baker, Tommy Dupree, Pat O’Brien,
interested citizens and members of the press.
PRESENTATION OF MINUTES:
Vice Mayor Fletcher presented the minutes of the regular City Council meeting of November 29, 2007 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 Ray that the minutes of the Regular City Council Meeting of 1 November 2007 be APPROVED. MOTION CARRIED.
7:00 Public Hearing
ORDINANCE 1331 (#30-07)
AN ORDINANCE AMENDING JACKSONVILLE ORDINANCE NO. 1317 (#16-07) APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CITY OF JACKSONVILLE, ARKANSAS HEALTH CARE (DEVELOPMENTALLY DISABLED) FACILITIES
BOARD; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO.
Vice Mayor Fletcher opened the public hearing at approximately 7:00 p.m.
City Attorney Bamburg related that Pathfinders has incorporated revisions to their expansion plan regarding the new building and the existing building. He explained that because of
modifications to the plan, the City Council would need to adopt a revised ordinance on behalf of Pathfinders. He clarified that only one bond issue is being proposed regarding the project.
Pathfinder’s Director Mr. Mike McCreight explained that originally they had proposed to add a second floor to the skills training building but architects determined that it would be
more cost efficient to add an annex to the building. He explained that the annex would be the same proposed square footage and utilized for the same intended purpose.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 P.M.
Vice Mayor Fletcher closed the public hearing at approximately 7:04 p.m.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1331 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1331.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1331 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1331 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1331.
Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1331 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray,
Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1331.
Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1331 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, 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, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1331 THIS 6th DAY OF DECEMBER 2007.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman Smith moved, seconded by Alderman McCleary to approve the Regular Monthly Report for November 2007. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 27 Building Inspections 71
Business License 8 HVACR 30
Electrical 75 Plumbing 56
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 P.M.
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 11 Notice of Noncompliance 17
Property Mowed 51 Towed 2
Trash Letters 185
Trash Removal 3 CONDEMNATIONS
Property Maint. Letters 15 Structural Maint. Letters 0
Cost for February $2,411.72 Structural Repairs Made 0
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT: a. ORDINANCE 1328 (#27-07)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS FOR THE PURPOSE OF PURCHASING NEW FIRE PROTECTIVE GEAR (TURNOUTS) FOR THE JACKSONVILLE FIRE DEPARTMENT;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Chief Vanderhoof related that several years ago the Fire Department determined after continuous research that Casco Industries, Inc. is the best and sole source. He related that Casco
is located in Little Rock and is the only supplier without going out of State. He explained the expenditure for new turnouts would exceed the ten thousand dollar requirement for City
Council approval, adding that the Fire Department is requesting waiving of bid to purchase the new equipment.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1328 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1328.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1328 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1328 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1328.
Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1328 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray,
Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1328.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 P.M.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1328 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1328 THIS 6th DAY OF DECEMBER 2007.
b. ORDINANCE 1327 (#26-07)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §8.18 PROVIDING RESTRICTIONS FOR NOVELTY LIGHTERS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
Alderman Howard stated that the ordinance is being proposed as a result of potential deaths to small children, noting that even the State of Arkansas has experienced this tragedy. He
added that many of the surrounding communities have already adopted restrictions regarding the sale of novelty lighters.
Fire Chief Vanderhoof explained that a fire prevention division was created at the beginning of the year, consisting of Battalion Chief Snyder, Fire Marshall Mike Williams, and Robert
Walls as the fire prevention educator. He introduced Firefighter Robert Walls for the presentation.
Firefighter Robert Walls passed examples of novelty lighters to the City Council, explaining that two Russellville toddlers lost their lives in September as a result of playing with
a novelty lighter. He noted that North Little Rock was the third city in the Country and the first in the State to adopt a ban on the sale of novelty lighters, adding that Sherwood,
Searcy, Benton, Bryant, Pine Bluff, Harrison and Texarkana have followed suit. He read the definition of a novelty lighter “as being a lighter that has entertaining audio, visual effects
or that depicts logo’s, decals, artwork, or resembles in any physical form or function articles commonly recognized as appealing to or intended for use by children, 10 years of age or
younger. This includes but is not limited to lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food, beverages or
that play musical notes, have flashing lights or have other entertaining features.” He explained that a novelty lighter may operate on any fuel, including butane or liquid fuel. He
stated that in his research he has learned that every tobacco store in the City is currently selling novelty lighters; a lot of the gas stations, as well as Wal-Mart and Fred’s Discount
Store sell novelty lighters. He explained that it is difficult to discern that these lighters are not children’s toys, adding that the novelty lighters seem to attract the attention
of children.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 P.M.
Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1327 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1327.
Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1327 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1327 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1327.
Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1327 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray,
Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1327.
Alderman Elliott moved, seconded by Alderman McCleary that Ordinance 1327 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, 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, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1327 THIS 6th DAY OF DECEMBER 2007.
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: a. ORDINANCE 1329 (#28-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED IN THE FOUR HUNDRED BLOCK OF NORTH FIRST STREET); AMENDING ORDINANCE NUMBERS
213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1329 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1329.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 P.M.
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1329 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1329 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1329.
Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1329 on THIRD and FINAL READING.
Discussion ensued regarding State Statute and Robert’s Rules of Order regarding the reading of ordinances.
ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1329.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1329 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1329 THIS 6th DAY OF DECEMBER 2007.
b. ORDINANCE 1330 (#29-07)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY AT THE INTERSECTION OF SOUTH OAK STREET AND SOUTH FIRST STREET); AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1330 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1330.
Alderman Ray moved, seconded by Alderman Smith that Ordinance 1330 be APPROVED on FIRST READING.
Acting City Engineer Whisker answered that the property is being requested to be rezoned from single-family to C-3 with a strip to the rear on the east end of the property being rezoned
to R-2. He noted that the R-2 zoning is being offered as a buffer zone to the commercial property.
Alderman Howard noted that Raney Street would be developed through to South Oak as depicted by the Master Street Plan.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2007
7:00 P.M. – 7:25 P.M.
ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1330 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and
Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1330.
Alderman Stroud moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1330 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary,
Ray, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1330.
Alderman Howard moved, seconded by Alderman Ray that Ordinance 1330 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1330 THIS 6th DAY OF DECEMBER 2007.
GENERAL:
APPOINTMENT(S): CENTRAL ARKANSAS LIBRARY BOARD OF TRUSTEES
Alderman Smith moved, seconded by Alderman Elliott to approve the reappointment of Mark Wilson to the Central Arkansas Library Board of Trustees for a term to expire 12/31/2010. MOTION
CARRIED.
ANNOUNCEMENT(S): Vice Mayor Fletcher encouraged everyone to attend the December 14th City Hall Christmas Open House from 11:30 a.m. to 2:00 p.m.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:25 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer