10 OCT 21.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2010
7:00 P.M. – 7:46 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 21, 2010 at the regular meeting place of the Council. Alderman Smith delivered the invocation
and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT
NINE (9), ABSENT (1).
Others present for the meeting were: Director of Administration Jim Durham, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Police Chief Gary Sipes, Fire Chief John Vanderhoof,
Human Resource Director Jill Ross, 911 Director Tabby Hughes, Director of Information Technology Barbara Daniel, Parks and Recreation Director Kristen Griggs, Water Superintendent Mike
Simpson, Mr. Jack Danielson, Mrs. Glenda Fletcher, Mrs. Marie Fletcher, Mrs. Nola Ferrell, Mrs. Addie Gibson, Mr. Jim Moore, Mrs. Mary Twitty, Mr. Mike Traylor, Mr. Jim Peacock, interested
citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting of October 7, 2010 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 16 September 2010 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 2010 regarding annual crime statistical comparisons.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for September 2010 from the Jacksonville Fire Department, which reflects a fire loss of $87,500.00
and a savings total of $243,000.00.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT: RESOLUTION 652 (#14-2010)
A RESOLUTION AUTHORIZING AND APPROVING A WATER PURCHASE CONTRACT BETWEEN THE CITY OF JACKSONVILLE, ARKANSAS, AND THE LONOKE/WHITE PUBLIC WATER AUTHORITY OF THE STATE OF ARKANSAS; AND,
FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2010
7:00 P.M. – 7:46 P.M.
Water Superintendent Mike Simpson related that the Water Commission adopted the purchase contract at their meeting yesterday. He explained that the contract would allow the City of Jacksonville
to purchase water through Lonoke/White Public Water Authority, which is a 50 million dollar project. He went on to say that there are 11 municipal members participating who are also
executing contracts. He stated that 35 million dollars would be funded by the USDA, while 15 million would be funded through private bonds. He stated that there is a requirement to
have the contracts in place before the USDA will proceed with their share of the funding.
Alderman Ray moved, seconded by Alderman Sansing to read Resolution 652 (#14-2010). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman McCleary to approve Resolution 652 (#14-2010) in its entirety. MOTION CARRIED.
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. RESOLUTION 653 (#15-2010)
A RESOLUTION AUTHORIZING THE CITY OF JACKSONVILLE TO UTILIZE GOVEDEALS.COM FOR POSSIBLE AND/OR SALE OF CITY EQUIPMENT, VEHICLES, AND OTHER PERSONAL PROPERTY THROUGH THE SEALED BID PROCESS
OF GOVDEALS.COM; AND, FOR OTHER PURPOSES.
Water Superintendent Mike Simpson related that GovDeals.com is endorsed by the Municipal League, explaining that it is similar to eBay and will allow the City to sell equipment on the
Internet. He related that GovDeals.com has a fee structure that is incremental in costs, explaining that there is a 5% buyer’s premium that helps pay for the advertising. He stated
that an item less than $100,000.00 would be 7.5%, but not less than $5.00. He then added that $100,000.00 to one-half million there is a fee of 7.5% on the first $100,000.00 plus 5.5%
on the remaining. He stated that any item above one-half million there is an addition 3.5%. He related that Wastewater Manager Thea Hughes also feels that this would be a valuable
tool for them.
Alderman Elliott related that other cities have reported higher profits using GovDeals.com because of the larger base that is available.
Alderman Howard moved, seconded by Alderman Stroud to read Resolution 653 (#15-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 653 (#15-2010).
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2010
7:00 P.M. – 7:46 P.M.
Alderman Ferrell moved, seconded by Alderman McCleary to approve Resolution 653 (#15-2010) in its entirety. MOTION CARRIED.
b. ORDINANCE 1409 (#14-2010)
AN ORDINANCE TO AMEND JMC §§ 1.12.010, 6.04.010, 6.04.55, 6.08.010, 6.08.020, 6.08.030, 6.12.010, 8.16.010, 9.12.010, 12.04.020, 18.04.090, 18.06.010, 18.06.020, AND 18.86.020; AND,
FOR OTHER PURPOSES.
Mayor Fletcher noted that the implementation of these Codes would be contingent upon passage of the question to annex certain land on the November General Election ballot.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1409 be placed on FIRST READING.
Alderman Stroud expressed his appreciation to the Committee members who worked to formulate the Ordinance, but added that because of misinformation from those opposing the annexation
he is not voting for the Ordinance as a manner of protest, adding that he feels the Ordinance would pass anyway.
City Attorney Bamburg requested that a new page two replace the one offered in City Council packets, explaining that the only change would be the requirement of two acres under breeders/kennels.
Discussion ensued regarding allowable areas for the sale of fireworks, which would allow current businesses in the County to continue at their present locations, but restrict sales from
the downtown area of Jacksonville.
Mr. Lucian Shockey addressed the City Council relating that he has the only licensed kennel in the City of Jacksonville, explaining that his kennel is licensed by the United States Department
of Agriculture. He stated that the USDA is the standard used by Little Rock and other municipalities. He stated that the USDA is charged with that responsibility regarding animal protection.
He related that the USDA group that works this area is located in Fort Collins, Colorado. He related that his kennels have been inspected three times for license and renewal. He stated
that he is not able to meet the requirements of the Ordinance being proposed, adding that his property is 1.96 acres not the 2 acre minimum. He stated that his dogs have automatic water
and heated houses. He added that he could meet all other requirements. He then pointed out that the State has no inspection program for kennels. He then answered that the USDA will
inspect kennels on an average of every six months and does not charge for the service. He explained that the USDA performs scheduled and unscheduled inspections to ensure ongoing standards
are being observed. He stated that unscheduled inspections allow good breeders to stay in business and bad breeders would not.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2010
7:00 P.M. – 7:46 P.M.
Discussion ensued and Public Works Director Jim Oakley explained that the 2-acre minimum was an arbitrary number to address concerns for kennels being established on standard lot sized
subdivisions that only have 10’ between houses. He then agreed that 1.5 acres could adequately address those concerns and allow Mr. Shockey to have his kennel operation within the City.
It was suggested that the Ordinance reference USDA standards since they would have to meet those standards to run a kennel operation.
City Attorney Bamburg stated that if Federal law were reference, it would cover provisions implemented by the USDA.
Alderman Smith moved, seconded by Alderman Stroud to amend Ordinance 1409 Section Three: JMC § 6.04.055 (Breeders and Kennels) to lower the acreage to 1.5 acres and to included the reference
of “Federal guidelines”. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Discussion returned to the allowable area for the sale of fireworks. City Attorney Bamburg answered that North Little Rock does not allow for the sale of fireworks and Little Rock adheres
to the State Fire Prevention Code regarding fireworks in the City of Little Rock.
Alderman Howard issued concerns for the number of days allowed for the discharge of fireworks, he referenced the December 24th to January 2nd provision, saying that it seems that is
too many days for that time of year. He then pointed out the need to establish times of day when fireworks can be discharged.
City Attorney Bamburg pointed out that the discharge of fireworks is provisioned by the Arkansas Fire Prevention Code and the Jacksonville Municipal Code. He added that the Police would
be able to address instances of nuisance through any applicable criminal laws.
Alderman Elliott questioned the feasibility of creating a separate zoning classification for the sale of fireworks; City Attorney Bamburg concurred that it could be created.
Alderman Howard moved, seconded by Alderman McCleary to amend Ordinance 1408, Section Nine: JMC § 8.16.010 (Fireworks) to December 27th instead of December 24th. ROLL CALL: Aldermen
Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Mr. Bobby Marshall of 6705 Peters Road related that he raises Peacocks and his property is less than 7.5 acres, explaining that his surrounding neighbors all have approximately 5 acres
and all their properties are
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2010
7:00 P.M. – 7:46 P.M.
adjacent to Federally protected wetlands. He stated that he would like to see the requirement reduced to 5 acres so that he could use firearms to hunt on his property for the purpose
of protecting his Peacocks from wild animals.
Alderman Ray moved, seconded by McCleary to amend Ordinance 1409, Section Eleven: JMC § 9.12.010 (Discharge of Firearms) to 5 acres instead of 7.5 acres.
It was suggested that permits be issued on a case-by-case basis for individuals that have less than 5 acres but may be surrounded by additional acreage, making it safe to hunt.
ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
With no other amendments offered, Mayor Fletcher thanked the Committee for their time and effort in formulating Ordinance 1409.
ROLL CALL that Ordinance 1409 be placed on First Reading as amended: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Twitty, and Howard voted AYE. NAY (0). Alderman Stroud
abstained. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1409.
Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1409 on FIRST READING.
Ms. Skee Grover of 5917 Peters Road noted that while there was discussion at the Committee meetings regarding Code Enforcement for buildings and inoperable vehicles, it is not addressed
in Ordinance 1409.
ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Twitty, and Howard voted AYE. NAY (0). Alderman Stroud abstained. MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1409.
Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1409 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell,
Twitty, and Howard voted AYE. NAY (0). Alderman Stroud abstained. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1409.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1409 on THIRD READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Twitty,
and Howard voted AYE. NAY (0). Alderman Stroud abstained. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1409.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 21, 2010
7:00 P.M. – 7:46 P.M.
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1409 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Twitty, and Howard
voted AYE. NAY (0). Alderman Stroud abstained. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1409 THIS 21ST DAY OF OCTOBER 2010.
Alderman Smith clarified with Mayor Fletcher that provisions regarding zoning for the sale of fireworks would be discussed at the next regularly scheduled City Council meeting.
APPOINTMENT(S):
ANNOUNCEMENT(S): Mayor Fletcher announced that the annual City auction would be held October 23rd beginning at 9:00 a.m. at the Jacksonville Recycling Center.
He then announced that the “Trash to Treasurers” event would be held at the Jacksonville Farmer’s Market from 7:00 a.m. to 11:00 a.m. October 23rd sponsored by the Jacksonville Parks
& Recreation.
Mayor Fletcher related that the Joint Education Center is approximately five weeks from being completed, saying that the Center is completely high tech and will be an establishment of
pride for the City of Jacksonville.
ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:46 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer