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12 OCT 18.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:28 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 October 18, 2012 at the regular meeting place of the City Council. Alderman Howard delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (0), ONE SEAT OPEN. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, City Engineer Jay Whisker, Public Works Director Jim Oakley, Police Captain Kelley Smiley, IT Director Barbara McDaniel, Human Resource Director Jill Ross, CDBG Director Theresa Watson, 911 Communications Director Tabby Hughes, Parks and Recreation Director Kristen Kennon, Parks and Recreation Asst. Director Kevin House, Rizzell Aaron, Planning Commissioner Jim Moore, Freddie Booker, Johnny Simpson, Marie Fletcher, Glenda Fletcher, Darlene Durham, Tommy Dupree, Robin Baker, Mary Twitty, Tammy Bourdo, Helen Stroud, Roger Sundermeier, Tommy Bond, Alderman Elect Barbara Mashburn, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of October 4, 2012 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Ray that the minutes of the regular City Council meeting of 20 September 2012 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for September 2012 regarding annual crime statistical comparisons. Code Enforcement for September 2012 Assigned Calls 78 Self Initiated Calls 436 Follow up meetings/court 264 Basketball goals 0 Hearings attended 83 Structures inspected 9 Citations/Warnings Issued 1 Rental properties inspected 10 Notices/Letters written 69 Properties red tagged 6 Vehicles tagged 7 Search warrants served 2 Vehicles towed 0 Structures rehabbed 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:27 P.M. Lots posted 96 Structures condemned 2 Signs removed 105 Houses demolished by City 3 Trash cans tagged 47 Houses demolished by owner 7 Parking violations 65 Grass letters 36 Grass mowed 45 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the regular monthly report for September 2012 from the Jacksonville Fire Department, reflecting a fire loss of $144,000.00 and a savings total of $169,000.00. ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: a. Request to accept bid for evidence locker Alderman Ray moved, seconded by Alderman Stroud to accept the bid from Southwest Solutions in the amount of $36,776.54 with funds to be drawn from the Capital Improvement funds. In response to a question from Alderman Traylor, Captain Smiley explained that there is only one company in Arkansas that specializes in these types of lockers. He related that the locker is accessed in the front by the police officer with rear access by the property custodian. He added that through research he learned that other police departments have used the same company for their evidence lockers. He then answered that the amount was in line with expectations. At this time, MOTION CARRIED. b. Request to accept bid for office & training room furniture Captain Smiley noted that the bid from Today’s Office was short by 27 chairs, if the chairs were added back in the bid would not be the low bid. Alderman Ray moved, seconded by Alderman Sansing to reject the low bid from Today’s Office in the amount of $61,694.13 for not meeting specifications and award the bid to the next lowest bidder Pettus Office Supply in the amount of $63,025.00 with funds to be drawn from the General Fund. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:27 P.M. PARKS & RECREATION: ORDINANCE 1461 (23-2012) AN ORDINANCE AMENDING JMC § 6.040.040(C) REGARDING DOGS IN CITY PARKS; AND, FOR OTHER PURPOSES. Parks and Recreation Director Kristen Kennon stated that the amendment would allow dogs on park walking trails, pointing out that currently dogs are restricted only to the dog park area. She noted that the dogs would still be required to be on a leash and owners would be responsible for waste removal. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1461 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1461. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1461 on FIRST READING and to suspend the rules and place Ordinance 1461 on SECOND READING. City Attorney Bamburg clarified that ADA service animals are allowed in any area of the Parks. He noted that ADA is a Federal law and would supersede local laws. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1461. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1461 on SECOND READING and to further suspend the rules and place Ordinance 1461 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1461. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1461 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1461 THIS 18th DAY OF OCTOBER 2012. PLANNING COMMISSION: ORDINANCE 1459 (#21-2012) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION 1701 GENERAL SAMUELS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:27 P.M. City Engineer Whisker related that the Landmark Baptist Church on the corner of Marshall Road and General Samuels, has sold the north half of their property to the Arkansas Federal Credit Union, who is requesting to rezone the property and use the existing building on the property as administrative offices. He specified that it is the north half of the 10 acres where the Church building is currently located. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1459 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1459. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1459 on FIRST READING and to suspend the rules and place Ordinance 1459 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1459. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1459 on SECOND READING and to further suspend the rules and place Ordinance 1459 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1459. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1459 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1459 THIS 18th DAY OF OCTOBER 2012. GENERAL: a. ORDINANCE 1458 (#20-2012) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1458 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1458. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:27 P.M. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1458 on FIRST READING and to suspend the rules and place Ordinance 1458 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1458. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1458 on SECOND READING and to further suspend the rules and place Ordinance 1458 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1458. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1458 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1458 THIS 18th DAY OF OCTOBER 2012. b. ORDINANCE 1460 (#22-2012) AN ORDINANCE AMENDING JMC §§ 12.04.020, 12.06.020, AND 18.06.020 MODIFYING THE COMPREHENSIVE LAND USE PLAN AND THE MASTER STREET PLAN; AND, FOR OTHER PURPOSES. City Engineer Whisker related that the amendments and modifications were reviewed by the Planning Commission with recommendation for adoption by the City Council. He related that in the northeast area it is recommended that Coffelt be expanded running east and west and eventually up to Republican Road. He then noted that in the southeast corner there are some extensions regarding Valentine and Wooten Roads. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1460 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1460. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1460 on FIRST READING and to suspend the rules and place Ordinance 1460 on SECOND READING. City Engineer Whisker responded that there were no major changes to the Land Use Plan; he related that commercial land use is proposed for the annexed area in the north corridor. He related that there are some locations in that area zoned industrial, which may develop later as commercial. He then answered Alderman Ray, that there are some agricultural areas that are shown as commercial. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:27 P.M. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1460. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1460 on SECOND READING and to further suspend the rules and place Ordinance 1460 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1460. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1460 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1460 THIS 18th DAY OF OCTOBER 2012. c. Request to set public hearing regarding various condemnations within the City of Jacksonville Alderman Elliott moved, seconded by Alderman McCleary to set a public hearing regarding condemnations at the regularly scheduled City Council meeting on November 15, 2012 @ 7:00 p.m. MOTION CARRIED. d. Request to accept bid regarding shooting range Mayor Fletcher noted that the bid opening was earlier today, adding that the bid came in significantly higher than budgeted. He stated that it is believed that one factor regarding this was because of the time constraints regarding the completion of construction. Mr. Tommy Bond related that three contractors had called before the bid opening requesting that the letting of the bid be delayed. He stated that part of the reason for that request was because the contractors had not been successful in getting a dirt contractor price. He related that the one bid that did come in was almost double the estimate. He stated that his suggestion would be to reject the bid received and readvertise to open bids two weeks from Sunday on November 1, 2012. Mayor Fletcher stated that there was a meeting with the Game and Fish officials today and he feels they understand the complications of having a March deadline. Mr. Bond noted that since setting the bid date and construction period it was discovered that the first tournament would not occur until April 26, 2013, pointing out that the original completion date was March 1, 2013. He stated that this will offer an additional 40 days to complete the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 18, 2012 7:00 P.M. – 7:27 P.M. project, which will make a significant difference to the contractors who are bidding the project. He added that one suggestion was to phase the completion, having the trap ranges ready by that date, while other facets could phase in later. He related that a large concern for the contractors was that it would create a hardship to have the project completed by the March 1st deadline. Alderman Elliott moved, seconded by Alderman McCleary to reject the bid received and readvertise. MOTION CARRIED. APPOINTMENT(S): PUBLIC FACILITIES BOARD Alderman Elliott moved, seconded by Alderman Ray to approve the reappointment of Paul Payne for a term to expire 10/24/2017. MOTION CARRIED. ANNOUNCEMENT(S): Beans & Cornbread Luncheon at the Jacksonville Senior Wellness & Activity Center October 24, 2012 from 11:00 a.m. to 1:00 p.m. tickets are $6.00 Pumpkin Patch Plunge will be hosted by Jacksonville Boys & Girls Club at the Community Center Pool for ages 5 thru 12 on October 29, 2012 from 6:00 p.m. to 8:30 p.m. tickets are $5.00. Early voting begins Monday, October 22nd thru November 3rd. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:27 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer