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05 MAR 17.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2005 7:00 P.M. – 7:39 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 March 17, 2005 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Lewis was absent. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks and Recreation Director George Biggs, Park & Recreation Administrative Business Manager Patty Walker, Marketing and Public Relations Manager Annabelle Davis, Our Club Director Glen Lane, Aquatics Manager Diane Novotny, Program Service Manager Kathy Brand, Mr. Larry Brand, Mr. Mike Traylor, CDBG Director Theresa Watson, Mr. Tommy Bond, Mrs. Judy Swaim, Mr. George Reed, 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 March 3, 2005 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 Smith that the minutes of the Regular City Council Meeting of 17 February 2005 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for February 2005. Said report reflects the Total Value of Reported Stolen Property $172,026. Total Value of Recovered Stolen Property $40,549 and Total Report Sales $364.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for February 2005 from the Jacksonville Fire Department, which reflects a fire loss of $13,000 and a savings total of $97,000. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for February 2005. Said report reflected: ADOPTION/FINES: $ 779.50 CONTRIBUTIONS: $ 0.00 TOTAL: $ 779.50 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2005 7:00 P.M. – 7:39 P.M. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for February 2005. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 17 Building Inspections 58 Business License 15 HVACR 49 Plumbing 50 Electrical 17 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 6 Property Mowed 0 Towed 0 Trash Letters 18 Trash Removal 0 CONDEMNATIONS Cost for January $ .00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PRESENTATION Coach of the Year Awards for 2004 Parks and Recreation Director George Biggs, on behalf of the Department and the Parks and Recreation Commission, recognizing Chairman Bobby Castile, presented the following Coach of the Year Awards for 2004. He presented Mr. Jeff Lucus with the Coach of the Year Award for Youth Soccer, Mr. Mike Traylor as Coach of the Year for Youth Baseball, and Mr. Eric Pack as Coach of the Year for Youth Softball. He thanked the Coaches for their commitment to the youth and the Community. Mayor Swaim expressed his appreciation to all the coaches and others for their volunteerism to the programs and the youth, along with staff. PLANNING COMMISSION: a. ORDINANCE 1245 (7-05) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 208 AND 210 NORTH ELM STREET); 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 MARCH 17, 2005 7:00 P.M. – 7:39 P.M. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1245 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1245. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1245 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Howard moved, seconded by Alderman Smith to suspend the rules and place Ordinance 1245 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1245. Alderman Stroud moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1245 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1245. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1245 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1245 THIS 17th DAY OF MARCH 2005. b. FINAL PLAT Victory Addition In response to a question posed by Alderman Smith, City Engineer Whisker stated that the property was rezoned several months ago to C-3. He noted that the only item of discussion involving approval of the Final Plat was the connection of two drives through an easement, one on each tract. It was noted that the larger tract would be developed as a service station/convenience store. Mayor Swaim noted that the second tract will remain residential for the present time. It was also noted that each drive would be 40’ wide. Alderman Smith moved, seconded by Alderman Ray to approve the Final Plat of the Victory Addition. MOTION CARRIED. c. ORDINANCE 1247 (#9-05) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY ON STANPHILL ROAD); 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 MARCH 17, 2005 7:00 P.M. – 7:39 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1247 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1247. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1247 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1247 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1247. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1247 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1247. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1247 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1247 THIS 17th DAY OF MARCH 2005. d. ORDINANCE 1248 (#10-05) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY ADJACENT TO GROWING PINES SUBDIVISION); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Whisker related that Ordinances 1247 and 1248 are reclassifying property located south of Ray Road, east of Stanphill Road and west of Southeastern behind Growing Pines Subdivision PH I. He noted that the first rezoning is to accommodate a duplex development and the rezoning adjacent to Growing Pines Subdivision would be PH II of that Subdivision. He noted that the second phase would line up with Stevenson Street as well as making a connection to Ray Road. He noted that the property is being rezoned from R-3 to R-1. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1248 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1248. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2005 7:00 P.M. – 7:39 P.M. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1248 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1248 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1248. Alderman Fletcher moved, seconded by Alderman Elliott to further suspend the rules and place Ordinance 1248 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1248. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1248 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1248 THIS 17th DAY OF MARCH 2005. GENERAL: a. Approval of the CDBG 2004 CAPR Report Alderman Smith moved, seconded by Alderman Howard to approve the CDBG 2004 CAPR Report. Alderman Ray complimented Director Watson for making many projects possible through the distribution of funding. Mayor Swaim noted that President Bush has proposed cuts regarding CDBG Funds, adding that he, Alderman Elliott and Alderman Lewis attended sessions in Washington, lobbying to keep federal funding. He stated that they were able to get strong commitments from legislators, for at least part of the funding to be continued. At this time, MOTION CARRIED. b. ORDINANCE 1246 (#8-05) AN ORDINANCE AMENDING AND MODIFYING JMC § 5.20 (TAXIS AND VEHICLES FOR HIRE); AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1246 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1246. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2005 7:00 P.M. – 7:39 P.M. In response to a question posed by Alderman Stroud, City Engineer Whisker replied that the amended ordinance includes a provision to allow for medical transportation, adding that he would also like to have the amendment include posted fares on the inside of the cab and the name/phone number located on the doors outside the cab. Discussion ensued regarding the request that emissions control be added to the inspection item list for cabs. It was noted the difficulty of measuring emissions and was offered that verbiage of “excessive smoke” could be used to define what could be visibly detected. City Attorney Bamburg clarified that the item could be added as number 15 to the vehicle inspection points as “Emissions”, prior to the first reading of the ordinance. He noted that other items mentioned by City Engineer Whisker could also be added to the amendment as a separate section. Alderman Ray stated that he feels the request to include emission control is too strict, adding that he feels taxi cab owners will try to keep the vehicles presentable. Alderman Stroud related safety concerns, noting that vehicles that smoke are in danger of the passengers breathing carbon monoxide. Following a consensus from the City Council, City Attorney Bamburg clarified that the amendment would include the request from City Engineer Whisker, while omitting a request for emissions standards. Alderman Ray moved, seconded by Alderman Smith to amend Ordinance 1246 to include the posting of cab fares inside the vehicles and the name and telephone number of the cab company will be clearly visible on both sides of the vehicles. MOTION CARRIED with Alderman Stroud and Howard voting NAY. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1246 be placed on FIRST READING AS AMENDED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, and Twitty, voted AYE. Alderman Stroud and Howard voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1246. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1246 be APPROVED AS AMENDED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, and Twitty, voted AYE. Alderman Stroud and Howard voted NAY (2). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1246 on SECOND READING AS AMENDED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, and Twitty voted AYE. Alderman Stroud and Howard voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1246. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 17, 2005 7:00 P.M. – 7:39 P.M. Alderman Smith moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1246 on THIRD and FINAL READING AS AMENDED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, and Twitty voted AYE. Alderman Stroud and Howard voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1246. Alderman Fletcher moved, seconded by Alderman Ray that Ordinance 1246 be APPROVED AND ADOPTED AS AMENDED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, and Twitty voted AYE. Alderman Stroud and Howard voted NAY (2). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1246 THIS 17th DAY OF MARCH 2005. APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY Alderman Smith moved, seconded by Alderman Howard to approve the recommendation to reappoint Robert Whatley to the Jacksonville Housing Authority for a term to expire 3/17/2010. MOTION CARRIED. HOSPITAL BOARD Alderman Elliott moved, seconded by Alderman Smith to approve the recommendation to appointment Murice Green to the Hospital Board for a term to expire 6/30/2008. MOTION CARRIED. ANNOUNCEMENT(S): Parks and Recreation Director George Biggs invited everyone to attend the Community Center’s 10th Anniversary Open House Thursday, March 24th ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:39 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer