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11 JUL 21.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 21, 2011 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 July 21, 2011 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Scout John Taylor from Troop 170 led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Aldermen McCleary was absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, City Engineer Jay Whisker, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Finance Director Cheryl Erkel, 911 Director Tabby Hughes, Public Works Director Jim Oakley, Parks and Recreation Director Kristen Griggs, Human Resource Director Jill Ross, CDBG Director Theresa Watson, IT Director Barbara Daniel, Glenda Fletcher, Jim Moore, Rizzell Aaron, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the Regular City Council meeting of July 7, 2011 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 16 June 2011 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for June 2011 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for June 2011 from the Jacksonville Fire Department, which reflects a fire loss of $4,600.00 and a savings total of $277,500.00. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 21, 2011 7:00 P.M. – 7:16 P.M. STREET DEPARTMENT: Request to Accept Bid for CiCi’s & Zaxby’s Drainage Improvement Public Works Director Jim Oakley related that the project funds are budgeted, noting that this is one phase of the project starting at Marshall Road and going back to the east 450 feet around the curve. He related maintenance issues regarding the ditch, explaining that the ditch would now have a concrete bottom with 2’ side walls, which would significantly improve the flow of drainage. He stated that the bids were within estimated costs, adding that the low bidder has satisfactorily performed work for the City previously. Alderman Elliott moved, seconded by Alderman Smith to approve the low bid from Harris Construction in the amount of $131,120.00 with funds to be drawn from budgeted Street Department funds. MOTION CARRIED with Alderman Robinson abstaining. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1422 (#10-2011) AN ORDINANCE AMENDING AND CREATING JMC § 18.54, TO ALLOW PERMITTED USE OF OFF PREMISES RETAIL AND WHOLESALE ALCOHOL DISTRIBUTORSHIPS AND SALES IN A NEWLY CREATED C-5 ZONING CLASSIFICATION; AMENDING JMC § 18.68.050; AMENDING JMC § 18.76; AMENDING AND MODIFYING THE LAND USE MAP OF THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. City Engineer Whisker offered a viewing of a designated zoning map regarding the newly annexed area, noting that the area to be zoned C-5 relating to packaged retail & wholesale liquor stores. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1422 be placed on FIRST READING. City Attorney Bamburg clarified the meaning of “off premises” regarding sale, retail, and distribution. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1422. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1422 on FIRST READING and to suspend the rules and place Ordinance 1422 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1422. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 21, 2011 7:00 P.M. – 7:16 P.M. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1422 on SECOND READING and to further suspend the rules and place Ordinance 1422 on THIRD and FINAL READING. In response to a question from Alderman Traylor, City Engineer Whisker concurred that there is signage in the newly annexed area that is code compliant, explaining that as signs are replaced and permitted they will be brought into City code compliance. It was noted that this requirement would also be applied to the landscaping code; otherwise these issues would be considered a non-conforming use. It was then noted that advertising banners would have to be brought into compliance by being attached to the building. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1422. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1422 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1422 THIS 21st DAY OF JULY 2011. GENERAL: a. ORDINANCE 1423 (#11-2011) AN ORDINANCE AMENDING THE CITY OF JACKSONVILL PERSONNEL POLICY MANUAL; AND, FOR OTHER PURPOSES. City Attorney Bamburg explained that an application submitted to HUD by CDBG Director Theresa Watson, requires specified and particular language regarding a code of business conduct which sets out basic principles and standards of conduct to guide all elected officials, appointed officials, employees, and volunteers who represent the City. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1423 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1423. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1423 on FIRST READING and to suspend the rules and place Ordinance 1423 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1423. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 21, 2011 7:00 P.M. – 7:16 P.M. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1423 on SECOND READING and to further suspend the rules and place Ordinance 1423 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1423. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1423 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1423 THIS 21st DAY OF JULY 2011. b. Request to set public hearing regarding condemnation of certain properties in the City of Jacksonville It was the consensus to set the public hearing for August 18th @ 7:00 p.m. during the regularly scheduled City Council meeting. ADDITION TO AGENDA: RESOLUTION 664 (#10-2011) A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE TO SUBMIT A GRANT FUND APPLICATION TO THE DEPARTMENT OF JUSTICE FOR A JUSTICE ASSISTANCE GRANT TO OBTAIN A SPEX FORENSICS AUTOMATED FINGERPRINT/PALM PRINT SYSTEM AND FIFTEEN (15) SEMI-AUTOMATIC RIFLES FOR THE JACKSONVILLE POLICE DEPARTMENT; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place Resolution 664 (#10-2011) on the agenda. MOTION CARRIED. Police Chief Sipes stated that Resolution 664 is part of the process in applying for a Federal Department of Justice (JAG) Grant. He explained that the Police Department is applying for a $30,600.00 grant to purchase an in-house Automated Fingerprint Print Identification System (AFIS) and automatic rifles. Alderman Smith moved, seconded by Alderman Ray to read Resolution 664 (#10-2011). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to approve Resolution 664 (#10-2011). MOTION CARRIED. ANNOUNCEMENT(S): Mayor Fletcher recognized Police Chief Gary Sipes, noting an award from the Criminal Justice Institute of the University of Arkansas 2011 Safe School Leadership Award. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 21, 2011 7:00 P.M. – 7:16 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:16 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer