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14 APR 03 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 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 April 3, 2014 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, City Engineer Jay Whisker, Director of Administration Jim Durham, Public Works Director Jim Oakley, Police Chief Gary Sipes, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Human Resource Director Jill Ross, 911 Communications Director Tabby Hughes, Mike Wilson, Bob Stroud, Planning Commissioner Jim Moore, Mrs. Glenda Fletcher, Johnny Simpson, Jason Kennedy, Roger Sundermeier, Charlie Jenkins, Hubert Alexander, Danny Martindill, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of March 20, 2014 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Mashburn that the minutes of the regular City Council meeting of 6 March 2014 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the regular monthly report for March 2014. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 14 Building Inspections 30 Business Licenses 12 Electrical 32 Plumbing 34 HVACR 10 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. Mayor Fletcher introduced Scott Rothlisberger as the new IT Director. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 P.M. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: ORDINANCE 1512 (#5-2014) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 5.10; (RESTRICTRICTIONS AND GUIDELINES FOR ALL ALCOHOL, BEER, LIQUOR, AND WINE MANUFACTURING, PRODUCTION, AND SALES); AMENDING JMC § 5.04 (PRIVILEGE LICENSE TAX); AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1512 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1512. City Attorney Bamburg noted that Section Two addresses Off Premises Sales that is primarily for liquor stores where the license is to sell alcoholic beverages but not for that beverage to be consumed while on the premises. He then noted that Section Three addresses On Premises Sales which are clubs, bars, and restaurants. He clarified that Section Four addresses Private Clubs, explaining that because Jacksonville is in a dry territory any place that sells alcohol by the drink is within the “Old Gray Township” and will be considered a private club. He went on to explain that Section Five includes hotels, motels, and restaurants with Section Six covering Large Attendance Facilities. He stated that Section Seven equalizes all Caterer Sales with restaurants. He then addressed Manufacturing for potential distribution. He clarified that this ordinance addressed the hours of operation, pointing out that State law allows municipalities to control that differently than what the ABC sets on behalf of the State. He stated that cities do have the authority to make those more restrictive, depending on the reason behind it. He then noted a change regarding the Privilege License fee schedule, explaining that it is a matter that has been directed by the Mayor. He then added that he has been asked to update all privilege taxes, noting that it is a monumental task that will take time to complete. He stated that he went ahead and included the fee change for this type of business in the ordinance. He stated that he used Fayetteville’s ordinance as a model for this ordinance. He related that Fayetteville successfully withstood a recent challenge regarding their ordinance. Alderman Traylor questioned why Sections Two through Eight could not have been put into one section or at least make the times of operation the same for the various businesses. City Attorney Bamburg stated that it could be done either way if Council wants to make them all uniform. He then answered that classifications depend on the permit type issued by ABC. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 P.M. Alderman Traylor moved, seconded by Alderman Ray to amend Ordinance 1512 to change the hours of prohibiting serve, sell, offer to sale, or give away for consumption to uniformly be 2:00 a.m. to 7:00 a.m. ROLL CALL: Alderman Elliott, Bolden, Sansing, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. In response to a question from Alderman Robinson, City Attorney Bamburg clarified that this ordinance would apply to retail stores selling alcohol. He offered that State wide there are State restrictions regarding hours alcohol can be sold. He then answered that State laws mandate delivery of alcohol regarding Off-Premise permits. Mayor Fletcher recognized the audience for public comment. Mr. Ron Fuller identified himself as a hospitality and restaurant consultant, currently representing Mr. Billy Merfoglio, the owner of the gentleman’s club Sensations Cabaret. He explained that he was asked to offer some guidance on that behalf. He stated that the Club has approximately 10 full time employees and numerous subcontractors and vendors. He stated that this business pays a substantial mixed drink tax. He related that Mr. Merfoglio is out of the Country and will be returning on Friday, explaining that he has been asked to read from a prepared statement. “Mr. Chairman and members of the City Board, Please forgive me for my absence. Like you, I am concerned about the safety of my patrons and the general public. I have owned this gentleman’s club since early 2011, and will be the first to admit that we have had, as many other clubs have, several problems. I understand that there is a strong feeling by the Board to protect the public, and I applaud these thoughts. I would ask you, as my elected representatives, to please consider postponing tonight’s vote for a short period of time, in order to give me an opportunity to correct what some of you feel are the safety issues. And, allow me to work with you to get an operational patron safety plan in place. I will do my best to address these issues and work with you on the safety concerns, which will hopefully allow me to continue on in business. We recently employed Mr. Fuller’s firm to assist and advise us – and if you will give us a brief opportunity to work with him and with you, I would sincerely appreciate it. I am a very small operator here in your area in the club business; we have less than a 3,000 square foot facility that holds approximately 80 patrons. Approximately 60 to sometimes as high as 75% of our business is between the hours of 2:00 a.m. and our closing often just short of 5:00 a.m. I have and will continue to obligate myself to work with law enforcement and this Council. I ask this not only on my behalf but also on behalf of those who I employ and their families. I speak only for myself and my operation and hope that you will see fit to allow me to work toward some 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 P.M. mutually beneficial conclusion. In closing, I would respectfully ask you to allow me to present at a point in time of your choosing, several concrete options, which hopefully would suffice rather than closing the 5:00 a.m. clubs at 2:00 a.m.” Mr. Fuller related that the letter is signed “very respectfully, Mr. Merfoglio and his employees.” He thanked the City Council for the opportunity to address this issue. Mayor Fletcher explained that an ordinance has to be read and approved by the City Council three times before the ordinance is considered adopted. He stated that it is up to the City Council if the ordinance passes tonight or at a later time. Ms. Rachel Robertson related that she is a Jacksonville resident, adding that she on occasion subcontracts through a bar, explaining that is how she supplements her income. She concurred that she can understand the safety concerns but would ask the City Council to consider that she and other subcontractors make the majority of their money during the hours between 2:00 a.m. and 5:00 a.m. She stated that the income made is highly important to single mothers who cannot supplement their income any other way. She noted that the ordinance will deeply affect these people, noting that she is aware of people who work two and three jobs to make ends meet. She stated that this will deeply hurt these people. She stated that in her experience, a lot of people need that time as a recovery time before driving. She added that she feels this restriction would raise the drinking and driving safety issues. She stated that some people will slow down their drinking at 2:00 a.m. and start drinking water to sober up before driving. She stated that a secondary cab service would be helpful. Police Chief Gary Sipes presented statistical data, relating that there are six clubs in the City of Jacksonville, four of which have a 5:00 a.m. charter. He went on to say that of the four, only three exercise their 5:00 a.m. shut down. He presented data regarding police calls during the midnight to 2:00 a.m. and the 2:00 to 6:00 a.m. time periods. Midnight to 2:00 a.m. 2:00 a.m. to 6:00 a.m. Public Intoxication & DWI 11 Public Intoxication & DWI 14 Disorderly conduct 3 Disorderly conduct 10 Batteries and assaults 11 Batteries and assaults 16 He noted that a recent homicide was at 4:50 a.m., adding that there have been several vehicle accidents, mostly hit and run accidents. Vehicle accidents 5 Vehicle accidents 9 Total # of incidents 53 Total # of incidents 94 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 P.M. He stated that the total numbers represent a 45% increase. He stated that the latest incident was this past Sunday morning at 2:30 a.m. at the Upscale Club on West Main. He stated that there was a disturbance, a large fight with shots fired. He said that it is obvious that after 2:00 a.m. it gets bad. He then noted that recently there was a bad beating at one of the clubs before 2:00 a.m. and it is still unknown the extent of permanent brain damage, adding that it could be as long as a year before that can be determined by his doctors. Alderman Traylor asked if the City Council would consider it feasible to remove the privilege tax portion of the ordinance to be later presented when the ordinance dealing with privilege tax for the City of Jacksonville is presented. Alderman Traylor moved to amend Ordinance 1512 to omit Section Twelve. Motion dies for lack of a second. Mayor Fletcher stated that the City of Jacksonville is a business friendly community, saying that the City wants to promote business because business is our success if it is your success. He added that at the same time, their greater charge is not always about money; our greater charge as elected officials is the health and safety of our citizens. He explained that when there are disturbances or a fatality, more than one officer has to be sent for their own safety and this opens the City to be less patrolled around neighborhoods and businesses. Alderman Traylor questioned under the privilege license section, why the Retail Off-Premises for liquor and other at one rate and just beer and wine is another rate. City Attorney Bamburg related that he formulated the ordinance according to the regulations adopted by Fayetteville. He pointed out that given his knowledge of the industry; he would surmise that mixed drinks tend to cost more than beer and wine. He stated that regarding liquor stores, it depends on the permits issued by ABC, further explaining that ABC issues permits for liquor and a separate permit for beer and wine. He stated that the ordinance is modeled and based on the permits issued by ABC. He then acknowledged that the same regulations exist for On-Premise. Discussion ensued regarding a partial privilege tax payment for opening a th business after June 30. Alderman Traylor moved, seconded by Alderman Ray to amend Ordinance 1512 stth Section Twelve (8) to change the dates from January 1 and June 30 to stth July 1 and December 30. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 P.M. Alderman Ray moved, seconded by Alderman Bolden to APPROVE Ordinance 1512 on FIRST READING as amended. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1512 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1512. Alderman Bolden moved, seconded by Alderman Ray to APPROVE Ordinance 1512 on SECOND READING. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1512. Alderman Ray moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1512 on THIRD AND FINAL READING. Alderman Traylor moved, seconded by Alderman Twitty to table Ordinance 1512 until the next regularly scheduled City Council meeting. ROLL CALL: Aldermen Ray, Traylor, Twitty, and Robinson voted AYE. Aldermen Elliott, Bolden, McCleary, Sansing, Mashburn, and Howard voted NAY (6). MOTION FAILED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Robinson, and Howard voted AYE. Aldermen Traylor and Twitty voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1512. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1512 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. rd ORDINANCE 1512 (#5-2014) APPROVED AND ADOPTED THIS 3 DAY OF APRIL, 2014 Mayor Fletcher noted that Ordinance 1512 (#5-2014) will take effect July 1, 2014. b. RESOLUTION 709 (#4-2014) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF RESOLUTION OF THE CITY OF JACKSONVILLE’S ACTION TO FINALIZE ACQUISITION OF CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION: 220 ACRES AT WOOTEN ROAD AND I-440, JACKSONVILLE, ARKANSAS); AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 709 (#4-2014). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 709 (34-2014). 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3, 2014 7:00 P.M. – 7:42 P.M. Alderman Ray moved, seconded by Alderman Elliott to approve and adopt Resolution 709 (#4-2014) in its entirety. Mayor Fletcher stated that he has become aware of questions regarding how the City could acquire this property, explaining that it has been his privilege to have an anonymous citizen come forth to donate the funds to purchase this property. He emphasized that City funds are not being used, adding that he would like to publicly thank this citizen. He stated that he wished there were a hundred more like this citizen, not because of the money, but because of the spirit of this person’s attitude toward the City and for what they have done in the past as well. In response to a question from Alderman Ray, City Attorney Bamburg clarified that this Resolution only addresses the 220 acres owned by Entergy. At this time, MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher announced that the Citywide Cleanup will th be held Saturday, April 5 at 9:00 a.m. at the Recycling Center, 1300 Marshall Road. He then announced that the Jacksonville Museum of Military History will host its second annual “Welcome Home Vietnam Veterans Day Celebration” th Saturday, April 5 beginning at 2:00 p.m. with a parade. He also announced that the Easter Egg Hunt will be held Saturday, April th 12 at Excell Park from 10:00 a.m. to 12:00 p.m. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:42 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 7