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05 JAN 06.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2005 7:00 P.M. – 7:20 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 January 6, 2005 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, 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 Clerk Tawnya Johnson, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Edith Smith, Mrs. Lendy Lewis, Mr. Larry Dupree, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of December 16, 2004 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 2 December 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for December 2004 and the Annual Report for 2004. Said report reflects: DECEMBER 2004 ADOPTION/FINES: $ 679.50 CONTRIBUTIONS: $ 50.00 TOTAL: $ 729.50 ANNUAL 2004 ADOPTION/FINES: $8,467.50 CONTRIBUTIONS: $ 205.00 TOTAL: $8,672.50 ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2005 7:00 P.M. – 7:20 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: ORDINANCE 1239 (2-05) AN ORDINANCE WAIVING COMPLETIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF OBTAINING ANEW PUMPER TRUCK FOR THE FIRE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1239 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1239. Alderman Elliott moved, seconded by Alderman Lewis that Ordinance 1239 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1239 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1239. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1239 on THIRD and FINAL READING. Mayor Swaim pointed out that the item had been budgeted at $225,000.00 and in waiving competitive bidding the City is able to have the purchase price be $205,000.00. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1239. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1239 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1239 THIS 6th DAY OF JANUARY 2005. POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2005 7:00 P.M. – 7:20 P.M. GENERAL: a. ORDINANCE 1240 (#2-05) AN ORDINANCE ESTABLISHING BASE MEADOWS MUNICIPAL PROPERTY OWNERS IMPROVEMENT DISTRICT FOR BASE MEADOWS SUBDIVISION; AND, FOR OTHER PURPOSES. Mayor Swaim related that the Base Meadows Subdivision is a newly planned subdivision located off Hwy 107, adjacent to the Jackson Heights Subdivision. He stated that in order to obtain City sewer the developers have agreed to create an improvement district to fund the construction of a main sewer line to the Subdivision. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1240 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1240. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1240 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1240 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1240. Alderman Lewis moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1240 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1240. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1240 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1240 THIS 6th DAY OF JANUARY 2005. b. ORDINANCE 1241 (#3-05) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §13.16 REGARDING CERTAIN CHARGES AND FEES ASSESSED; REPEALING JACKSONVILLE MUNICIPAL CODE §§13.16.020 – 13.16.040; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim noted that currently fees charged for tie-on or meter cost has to be approved in ordinance form by the City Council, explaining that State Statutes allow the utility commission to set and amend those fees. He related that the City Council will retain the ability to monitor and approve user rate fees. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2005 7:00 P.M. – 7:20 P.M. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1241 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1241. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1241 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1241 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1241. Alderman Ray moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1241 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1241. Alderman Sansing moved, seconded by Alderman Lewis that Ordinance 1241 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Howard that the EMERGENCY CLAUSE be attached to Ordinance 1241. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1241 THIS 6th DAY OF JANUARY 2005. c. RESOLUTION 580 (#1-05) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTY BORDERING THE SOUTHEAST BOUNDARIES OF THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS THE SOUTHEAST ANNEXATION); AND, FOR OTHER PURPOSES. Mayor Swaim related that part of the property being proposed for annexation is the Murrell Taylor Elementary School. He related past efforts to have the School annexed when property for the First Electric Cooperative was annexed were not successful, adding that at that time the District was not in favor of annexation. He noted that the annexation will provide Police and Fire protection for the School. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2005 7:00 P.M. – 7:20 P.M. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 580 (#1-05). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 580 (#1-05). Alderman Smith moved, seconded by Alderman Sansing to approve Resolution 580 (#1-05). MOTION CARRIED. d. KEEP AMERICA BEAUTIFUL Alderman Stroud stated that he had originally proposed the plan to address litter in the City. He suggested that a committed be formed to solicit volunteers from the Community. He related that in speaking with Mr. Jack Singleton of the Keep Arkansas Beautiful program, he learned that there are procedures to be followed to properly form the committee. He added that he has a meeting with Mr. Singleton set for next Tuesday, and that Mr. Singleton has expressed his willingness to come before City Council and offer his guidance. He then encouraged citizen support in order to have a board base support for the committee. It was the consensus of the City Council to address formation of a committee at the next Regularly Scheduled City Council meeting. e. CHRISTMAS DECORATIONS Alderman Fletcher related that during the previous Christmas season it was noticeable that as a Country it has been deemed politically correct to forego some aspects of the Christmas season. He stated that it is his feeling that Christ is being taken out of Christmas, adding that he would like to see the words “Merry Christmas” added back into the City Christmas decorations. He related that as a Christian he is offended by the national media’s blatant shift to political correctness regarding Christmas. He stated that he would like to see Christmas celebrated for what it is, Jesus Christ birthday. Mayor Swaim noted that the City purchased new pole decorations this year; and that the City does have a 4’ X 20’ Merry Christmas sign that has been used in the past. He related that the sign decoration has been repaired several times and has become unusable. He added that a similar Merry Christmas sign has been located and is priced between $1,400.00 to $2,000.00. He stated that there was no intent to be “politically correct” by not having the Merry Christmas sign up this year. It was the general consensus of the City Council to purchase a new sign instead of having the old sign repaired. APPOINTMENT(S): Alderman Smith moved, seconded by Alderman Elliott to approve the appointment of Bart Gray, Jr. to the Planning Commission for a term to expire 01/01/08. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2005 7:00 P.M. – 7:20 P.M. ANNOUNCEMENT(S): Mayor Swaim announced that a public hearing would be held regarding the Highway Department’s Study conducted of the James Street Overpass and one-way access roads along with proposed turn-a-rounds for James Street and Vandenburg to alleviate traffic problems. He related that the public hearing would be held January 10th from 4:00 p.m. to 7:00 p.m. at the Jacksonville Community Center. He encouraged attendance. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:20 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer