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08 OCT 16.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7:00 P.M. – 7:22 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 16, 2008 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mike Wilson Jr. led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Fletcher was absent. 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, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Edith Smith, Mrs. Helen Stroud, Mrs. Addie Gibson, Mr. Mike Wilson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of October 2, 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 18 September 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Smith moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2008. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 12 Building Inspections 50 Business License 9 Electrical 63 Plumbing 47 HVACR 54 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 137 Notice of Noncompliance 6 Property Mowed 31 Towed 0 Trash Letters 76 Trash Removal 7 CONDEMNATIONS Property Maint. Letters 18 Structural Maint. Letters 0 Cost $3,710.58 Structural Repairs Made 0 Demolitions 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7:00 P.M. – 7:22 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 3 Search 5 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Smith moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for September 2008. Said report reflects: ADOPTION/FINES: $2,835.00 CONTRIBUTIONS: $ 25.00 TOTAL: $2,860.00 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Smith moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2008 from the Jacksonville Fire Department, which reflects a fire loss of $8,800 and a savings total of $94,200. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Smith moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2008. Report reflects the Total Value of Reported Stolen Property $119,695. Total Value of Recovered Stolen Property $276,695 and Total Report Sales $969. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1352 (#19-08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY ON HWY. 161 ADJACENT TO SHANNON DRIVE); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1352 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1352. Alderman Ray moved, seconded by Alderman Stroud to APPROVE Ordinance 1352 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7:00 P.M. – 7:22 P.M. Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1352 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1352. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1352 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1352. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1352 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1352 THIS 16th DAY OF OCTOBER 2008. b. FINAL PLAT Foxwood Gardens PH I City Planner McCulley noted that there had been some discussion at the Planning Commission meeting regarding the delay in constructing the berm along the railroad tracks, adding that he received a letter today from Mr. Jack Wilson reinstating his commitment to build the berm. He explained that berm construction is slated to begin in Phase II of the development, using dirt from a manmade lake that will also be constructed in Phase II. Alderman Stroud moved, seconded by Alderman Howard to approve the Final Plat of Foxwood Gardens PH I. MOTION CARRIED. GENERAL: ORDINANCE 1351 (#18-08) AN ORDINANCE AMENDING JMC §§ 9.08.030, 9.08.040, AND 9.08.090 AND CREATING JMC § 9.08.045 SO AS TO CREATE A DAYTIME CURFEW; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1351 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1351. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1351 on FIRST READING. Alderman Sansing noted that approximately 17 years ago, the nighttime part of this curfew was put into effect in response to problems with CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7:00 P.M. – 7:22 P.M. juveniles during the nighttime hours. He related that at that time the Ordinance was supported by local citizens and the president of the NAACP, adding that with their help the original nighttime Ordinance was formulated. He explained that currently there are problems with juveniles being on the streets during daytime school hours, and the issue needs to be readdressed. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Smith to place Ordinance 1351 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1351. Alderman Elliott moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1351 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1351. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1351 be APPROVED AND ADOPTED. Mr. Mike Wilson questioned how the Ordinance would be enforced, noting that he has observed many juveniles during the daytime hours. He expressed his support for adoption of the Ordinance. Alderman Elliott related that the Ordinance would provide the Police Department with the necessary tool to enforce a daytime curfew. Mayor Swaim concurred that regarding issues from parents, he and the City Council are going to be positive and hope that parents will see the positive aspects. He noted that Police Chief Sipes would be working with the City Council to keep them informed as to the progress. Mr. Wilson reiterated his support for adoption of the Ordinance. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1351 THIS 16th DAY OF OCTOBER 2008. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7:00 P.M. – 7:22 P.M. Mayor Swaim noted that the Ordinance states it will not take effect until November 1, 2008, allowing the Police Department an opportunity to have regulations in place. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Swaim announced that the City auction would be held at the recycling center on Marshall Road, starting at 9:00 a.m. October 18, 2008. He then announced that the Little Rock Air Force Base Air Show featuring the United States Navy’s Blue Angels will take place Saturday and Sunday, October 18th and 19th, free parking and admission, gates open to the public at 8:30 a.m. He encouraged the public to attend, saying that it is a great opportunity for the public to meet Air Force members and see the type of equipment they have and the job they perform. He stated that on October 31st we will have approval from the Chief of Staff of the Air Force at the Pentagon regarding the joint education building. He related that at 11:30 on October 31st there will be a meeting of the Little Rock Community Council and the City will make a presentation of that check to the Air Force. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:22 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer