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08 JUL 17.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 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 July 17, 2008 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, Fire Chief John Vanderhoof, Systems Administrator Barbara Daniel, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Police Chief Gary Sipes, Mrs. Addie Gibson, Mr. Murice Green, Mr. Larry Smith, Mr. Tommy Bond, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of June 26, 2008 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 5 June 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for June 2008. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 29 Building Inspections 84 Business License 12 Electrical 89 Plumbing 65 Electrical 41 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 213 Notice of Noncompliance 6 Property Mowed 66 Towed 2 Trash Letters 68 Trash Removal 2 CONDEMNATIONS Property Maint. Letters 12 Structural Maint. Letters 0 Cost $4,050.00 Structural Repairs Made 0 Demolitions 0 CITATIONS 1 WARRANTS Arrest 0 Search 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for June 2008 from the Jacksonville Fire Department, which reflects a fire loss of $5,000 and a savings total of $15,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for June 2008. Report reflects the Total Value of Reported Stolen Property $158,786. Total Value of Recovered Stolen Property $39,761 and Total Report Sales $1,135. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Animal Control Report for June 2008. Said report reflects: ADOPTION/FINES: $3,325.00 CONTRIBUTIONS: $ 225.00 TOTAL: $3,550.00 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: Request to accept bid: Drainage Improvements Mayor Swaim related that bids were opened today and made available for the meeting. He stated that the bid contains two separate drainage project awards. He related that the low bidder for the Northeastern Avenue and Woodbriar Drive projects was Burkhalter Technical in the amount of $121,200 and $55,550. He stated that the projects were budgeted in Street Department Funds. Alderman Smith moved, seconded by Alderman Stroud to accept the low bid from Burkhalter Technical as prescribed. Discussion ensued and it was clarified that these projects would not affect drainage conditions in the Graham Settlement Subdivision. Mayor Swaim explained that the Northeastern Avenue project addresses redirecting water away from the intersection at Northeastern and T.P. White Drive, saying that the boxes in that location would be replaced. He then added that there are boxes in the Woodbriar Subdivision that would also be replaced. Public Works Director Jim Oakley related that the Northeastern project would replace pipes that have rusted, noting that if they were not replaced the road would give way, adding that pipes would also be replaced in the Woodbriar project. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. At this time, MOTION CARRIED. Mayor Swaim related that the Loop Road drainage project involves the Stonewall Ditch, noting that after many drainage improvements the Stonewall Subdivision experiences almost no flooding and further explaining that this project proposes to construct a concrete bottom and four foot concrete walls in the Stonewall Ditch from T.P. White past Northgate Drive. He related that the low bidder was Building & Utility Contractors in the amount of $354,710. Alderman Elliott moved, seconded by Alderman Stroud to approve the low bid from Building & Utility Contractors in the amount of $354,710 with funds to be drawn from budgeted Drainage Funds. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1343 (#10-08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: BEAN FIELD (HWY. 67/167); 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 affected property is the Legacy Development a.k.a the bean field. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1343 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1343. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1343 be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, 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 1343 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1343. Alderman Stroud moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1343 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1343. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1343 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1343 THIS 17 DAY OF JULY 2008. b. FINAL PLAT The Meadows Subdivision City Planner McCulley related that the asphalt is not completed but the developer has bonded for all street improvements in the amount of $208,000. He then answered that all utilities are completed. Alderman Stroud moved, seconded by Alderman Smith to approve the Final Plat of The Meadows Subdivision. MOTION CARRIED. c. FINAL PLAT Foxwood Estates Alderman Elliott moved, seconded by Alderman Ray to approve the Final Plat of Foxwood Estates. MOTION CARRIED. It was clarified that the City of Jacksonville has adopted the minimum standard for 25’ setbacks, recognizing that a developer has the option to increase setbacks if requested. Alderman Fletcher explained his concern with completion of utilities, noting a circumstance in StoneRidge Subdivision where a utility had to bore under sidewalks following the completion of building, which tore up completed sewer service lines. City Planner McCulley informed the City Council that Foxwood Estates and the Foxwood Commercial Subdivision have submitted a bond regarding asphalt and street improvements. d. FINAL PLAT Foxwood Commercial Subdivision Alderman Smith moved, seconded by Alderman Ray to approve the Final Plat of Foxwood Commercial Subdivision. MOTION CARRIED. GENERAL: a. SECOND READING ORDINANCE 1340 (#7-08) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECT, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS, DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1340 has been removed from the agenda th and will be available for second reading at the August 7 regularly scheduled City Council meeting. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. b. ORDINANCE 1342 (#9-08) AN ORDINANCE CREATING JMC §5.06; DEFINING AND CLASSIFYING A SEXUALLY ORIENTED BUSINESS; MAKING A SEXUALLY ORIENTED BUSINESS A CONDITIONAL USE; PROVIDING RESTRICTIONS ON THE LOCATION OF A SEXUALLY ORIENTED BUSINESS; PROVIDING PENALTIES FOR VIOLATIONS; AMENDING JMC §18.56.025 AND 18.60.030; AND, FOR OTHER PURPOSES. Alderman Elliott related that Ordinance 1342 is being proposed as a protective measure for the citizens of Jacksonville, noting that several surrounding cities have already adopted similar ordinances. He explained that the Courts have ruled by the Second Amendment that sexually oriented businesses can not be outlawed, but cities can adopt ordinances to control where they are located and how they operate to limit the secondary effects. He stated that Ordinance 1342 would regulate where such a business can be located. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1342 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1342. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1342 be APPROVED on FIRST READING. Alderman Sansing voiced concerns regarding some of the listed definitions; noting the definition for “Escort Agency”, saying that if there is a problem with an escort agency being involved in illegal activities it would be a matter for the Police Department to address. He stated that he is concerned that a legitimate agency might be painted with a bad brush. He then stated concern over the inclusion of “Nude Model Studio”, questioning if the City Council is trying to legislate art. He stated that while it is not in the City of Jacksonville, in painting classes where they conduct studies of the human body, they paint nudes. He questioned if those studios would have to go through the same conditional problems as if they were a sexually oriented business. Alderman Elliott concurred that under this ordinance they would be regulated in the same manner. Alderman Sansing stated that he feels that gets into legislating art and it could be a problem if a legitimate art studio were to come to town. Alderman Elliott stated that the ordinance would not prohibit such activity but it would regulate where such a business could be located. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1342 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1342. Alderman Stroud moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1342 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1342. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1342 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1342 THIS 17 DAY OF JULY 2008. c. ORDINANCE 1344 (#11-08) AN ORDINANCE CREATING JMC §2.88.045; ALLOWING FOR COST OF LIVING ALLOWANCES IN RETIREMENT BENEFITS FOR A MAYOR UNDER THE JACKSONVILLE MUNICIPAL OFFICIALS RETIREMENT TRUST; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1344 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1344. Alderman Stroud noted that the Ordinance locks the cost of living allowance at 3% or below, saying that as in the past there have been more than 3% increases, adding that he is not sure it should be tied to a specific number. Mayor Swaim clarified that there is no option because it is mandated by State Law. He noted that the Law was adopted in 2007 and does not offer an option to change. Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1344 be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, 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 1344 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1344. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. Alderman McCleary moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1344 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1344. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1344 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1344 THIS 17 DAY OF JULY 2008. APPOINTMENT(S): ANNOUNCEMENT(S): PROCLAMATION PRESENTATION FOR ANNUAL NATIONAL NIGHT OUT Police Chief Gary Sipes announced that the Annual National Night Out th would be held August 5, saying that it is an opportunity for neighbors to come out and meet one another and to affirm that the neighborhood is standing together as a community against crime. He stated that the Police Department would sponsor a cookout for the event at the CRC building at Galloway and Wilson Street from 6:00 p.m. to 9:00 p.m. He encouraged everyone to attend. He then answered that the event has been announced in both local papers and there is a banner on front of the CRC building. He then announced that the first Citizens Police Academy would begin September 2, 2008 and go through eight weeks from 6:00 p.m. to 9:30 p.m. Alderman Ray voiced concerns for the lack of water service being made available to the houses on East Valentine Road. He noted that after a certain amount of time following being annexed into the City, it is reasonable to expect City services. He also noted that East Valentine was once again, excluded from the asphalting list. Mayor Swaim suggested that Alderman Ray meet with City Planner Chip McCulley and Director of Administration Jay Whisker to discuss issues involving East Valentine Road. Mayor Swaim then noted that the cost of asphalt has risen to approximately $80.00 per ton, which has caused the list to get smaller as costs have risen. He stated that the City budgets approximately $250,000 annually to repair City streets and now the list is one third of what is was ten years ago. Alderman Sansing and the rest of the members of the City Council joined in commending the North Pulaski Leader as recipients in recent State awards. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M. – 7:30 P.M. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:30 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8