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11 NOV 17.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 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 November 17, 2011 at the regular meeting place of the City Council. Alderman Howard delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Elliott and McCleary were absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Engineer Jay Whisker, Parks and Recreation Director Kristen Kennon, 911 Communications Director Tabby Hughes, Fire Chief John Vanderhoof, CDBG Director Theresa Watson, IT Director Barbara McDaniel, Water Department Superintendant Mike Simpson, Water Commissioner Jim Peacock, Planning Commissioner Jim Moore, Glenda Fletcher, Marie Fletcher, Judy Schuetzle, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 3, 2011 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 20 October 2011 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2011 annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for October 2011 from the Jacksonville Fire Department, reflecting a fire loss of $130,000.00 and a savings total of $235,000.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for October 2011. Said report reflects: ADOPTION/FINES: $1,805.00 CONTRIBUTIONS: $ 0.00 TOTAL: $1,805.00 ROLL CALL: Aldermen: Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. WATER DEPARTMENT: PUBLIC HEARING ORDINANCE 1432 (#20-2011) AN ORDINANCE DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR ACQUISITION OF PUBLIC EASEMENTS AND RIGHTS OF WAY FOR THE CONSTRUCTION AND DEVELOPMENT OF IMPROVED PUBLIC WATER LINES FOR THE CONSTRUCTION PROJECTS ON BEHALF OF JACKSONVILLE WATER WORKS (SOLELY AND ON BEHALF OF CENTRAL ARKANSAS WATER); AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:03 p.m. Water Department Superintendant Mike Simpson explained efforts to obtain easements and rights-of-way regarding their major capital projects and this ordinance reflects the last few easements necessary to move forward. He noted that six of the ten outstanding easements are located in the Brushy Island area, explaining that they had no response from the owners. He then noted the area along Redmond Road in the vicinity of the apartment complexes. He then answered Mayor Fletcher that the projects are scheduled to bid in January or February of 2012 and will be completed within two years. Mayor Fletcher closed the public hearing at approximately 7:04 p.m. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1432 be placed on FIRST READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1432. Alderman Sansing moved, seconded by Alderman Stroud to APPROVE Ordinance 1432 on FIRST READING and to suspend the rules and place Ordinance 1432 on SECOND READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1432. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1432 on SECOND READING and further suspend the rules and place Ordinance 1432 on THIRD and FINAL READING. In response to a question from Alderman Traylor, City Attorney Bamburg answered that the properties located outside the City are considered part of the South End project for Central Arkansas Water, adding that part of the property will eventually be annexed into the City. He noted that the City has authority under the extra territorial jurisdiction, adding that the improvements could not be constructed without all properties necessary for completion. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1432. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1432 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Stroud, Traylor, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be attached to Ordinance 1432 and be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1432 THIS 17th DAY OF NOVEMBER 2011. WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Jaxon Terrace PH VIII City Engineer Whisker related that the phase is located in the vicinity of Knights Place and Mesquite Trail consisting of approximately 22 lots. He noted that this will connect both streets. He explained that the developer lacks asphalt and streets but has bonded for those improvements. Alderman Stroud moved, seconded by Alderman Ray to approve the Final Plat of Jaxon Terrace PH VIII. MOTION CARRIED with Alderman Robinson abstaining. GENERAL: PUBLIC HEARING ORDINANCE 1431 (#19-2011) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:09 p.m. City Attorney Bamburg related that Ordinance 1431 is the annual tax lien ordinance for services performed by various City crews. He noted that three properties were removed from the list as paid. Mayor Fletcher closed the public hearing at approximately 7:10 p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1431 be placed on FIRST READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1431. Alderman Ray moved, seconded by Alderman Stroud to APPROVE Ordinance 1431 on FIRST READING and to suspend the rules and place Ordinance 1432 on SECOND READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1431. Alderman Stroud moved, seconded by Alderman Sansing to APPROVE Ordinance 1431 on SECOND READING and further suspend the rules and place Ordinance 1431 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1431. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1431 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Stroud, Traylor, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1431 THIS 17th DAY OF NOVEMBER 2011. b. THIRD and FINAL READING ORDINANCE 1429 (#17-2011) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 8.16; ESTABLISHING PARENTAL RESPONSIBILITY FOR MINORS DISCHARGING FIREWORKS; ASSESSMENT OF A STIFFER PENALTY FOR VIOLATION(S) OF THE TERMS OF THIS CHAPTER; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Smith to place Ordinance 1429 on THIRD and FINAL READING. Alderman Traylor stated that he is not convinced that this Ordinance will decrease calls into the 911 center regarding fireworks, or how it will be different from what is currently in place. Alderman Ray noted that one difference is that this Ordinance will allow for the discharge of fireworks inside the City limits. He continued saying that this Ordinance will offer a window for the discharge of fireworks from 6:00 p.m. to 11:00 p.m. on July 4th with a City issued permit. He added that the Police would be notified of residents having permits. He then noted that another major difference is that the fine structure, which has been increased from $25.00 to $250.00 for the first offense, as well as cleanup responsibilities. He then related that it CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. was the Committee’s desire to allow fireworks to be discharged in the City, adding that he felt a show of force that includes the Auxiliary Police and Code Enforcement officers being stationed around the City would help to deter illegal shooting of fireworks. He went on to say that the Committee decided to allow discharge but to control that with a “free” permit, emphasizing that there is no charge for the permit. Mayor Fletcher suggested that fireworks vendors work with the City to let customers know they must have a permit to discharge fireworks in the City of Jacksonville. In response to a question from Alderman Traylor, City Attorney Bamburg responded that one citation was written in 2011 but the person was not found guilty, which is why the current Ordinance includes provisions for parental responsibility. Mayor Fletcher noted that as with the curfew ordinance, when you hold parents accountable, it becomes more effective. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Stroud, Robinson, and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1429. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1429 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Stroud, Robinson, and Howard voted AYE. Alderman Traylor voted NAY (1). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1429 THIS 17th DAY OF NOVEMBER 2011. c. ORDINANCE 1433 (#21-2011) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1433 be placed on FIRST READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1433. Alderman Ray moved, seconded by Alderman Stroud to APPROVE Ordinance 1433 on FIRST READING and to suspend the rules and place Ordinance 1433 on CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. SECOND READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1433. Alderman Sansing moved, seconded by Alderman Ray to APPROVE Ordinance 1433 on SECOND READING and further suspend the rules and place Ordinance 1433 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1433. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1433 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, Sansing, Ray, Rinker, Stroud, Traylor, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1433 THIS 17th DAY OF NOVEMBER 2011. d. ORDINANCE 1430 (#18-2011) AN ORDINANCE AMENDING JMC §5.32 (WRECKER SERVICE REGULATIONS); AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1430 be placed on FIRST READING. In response to a question from Alderman Ray, Director of Administration Jim Durham explained that in the last two years the Mayor’s Office has received a number of complaints regarding wrecker service. He stated that the complaints vary, mentioning that some have come from citizens, the Police Department, and 911 Communications. He explained that this Ordinance cleans up the existing Ordinance, putting it more in line with the cities of Sherwood and Cabot. He stated that currently anyone with a wrecker can be put on the call list with minimum qualifications. He stated that this Ordinance would require stronger qualifications. He stated that in turning Code Enforcement over to the Police Department, there will be a lot more vehicles towed. He related that towing an inoperable vehicle is a losing proposition for a wrecker service; a large number of the vehicles are never claimed so they are not worth more than a hundred dollars of scrap metal. He stated that two wrecker rotational lists are maintained, with the rule being that if a service is going to be on the Police list for accidents, then they have to be on the Code list for inoperable vehicles. He then related that a separate provision regarding predatory or nonconsensual towing will be presented at a later time. He then offered an example regarding an apartment complex that contracts with a wrecker service located on the other side of Little Rock to patrol their apartment complex. He stated that this amounts to approximately a $300.00 to $400.00 charge for towing. He stated the State CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. Towing Board had offered that the City of Fayetteville had a good ordinance regarding this practice. He related that the Ordinance that will come back separately to the City Council will state “anyone that lives in the City of Jacksonville that has someone’s vehicle towed off their property, that wrecker service would have to be a wrecker service located within the corporate City limits of Jacksonville.” He then noted that the City Council could also set fees. He then readdressed the current Ordinance being proposed, noting that there are no fees set in this Ordinance, while a lot of cities do set fees. He noted that it says fees must be comparable to local rates, which is good, unless it becomes a problem. He then went on to say that every year a review of services is conducted and if it appears to be getting out of hand then the City can legislate fees. Alderman Ray related that he had served as Chairman for a subcommittee that proposed wrecker legislation four or five years ago and he believes these issues regarding Code Enforcement towing were addressed at that time. He stated that the subcommittee met with members of the wrecker service industry and were instrumental in helping to develop the current legislation, adding that one of the complaints was that if they were next on the list and it was a Code Enforcement vehicle, then they lost their turn to be called to an accident, so it was put into the proposed Ordinance that they would not lose their rotation on the accident list. City Attorney Bamburg noted that those modifications were incorporated in 2006. 911 Communications Director Tabby Hughes explained that they keep two separate lists for towing, one is strictly for Jacksonville Police and the other is for Code Enforcement. She further explained that if a service tows a vehicle for Code Enforcement it would not affect their status on the Police list, which will remain the same with this Ordinance. Alderman Ray stated that he does not see any difference from what was enacted from the wrecker committee. Mayor Fletcher related an incident involving a vehicle being towed to a different location than what the customer had requested because the wrecker service wanted payment immediately. Director of Administration Jim Durham clarified that the wrecker service was told to tow the car to Gwatney Chevrolet but instead took the vehicle to his yard and charged a storage fee. He stated that these are the kinds of issues that would be addressed by a committee of himself, Chief Sipes, and 911 Director Tabby Hughes. He explained that they would review the RFPs to determine who are the best wrecker companies that comply and have the best equipment. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2011 7:00 P.M. – 7:38 P.M. Alderman Ray noted that those were the same issues that were addressed in the wrecker subcommittee. Alderman Traylor noted that page four of the Ordinance is missing from the agenda. Motion to Read was withdrawn. The Ordinance was held for representation at the next regularly scheduled City Council meeting. APPOINTMENT(S): PARKS AND RECREATION COMMISSION Alderman Ray moved, seconded by Alderman Smith to approve the reappointments of Mary Twitty and Daniel Gray for terms to expire 5/09/2016. MOTION CARRIED. ANNOUNCEMENT(S): City Offices will be closed November 24th & 25th for Thanksgiving. The Holiday Lighting Ceremony will be December 1st at 6:30 p.m. at City Hall. Parks and Recreation Director Kristen Kennon announced that this weekend the Community Center would host the 34th Annual Craft & Gift Sale on Saturday and Sunday. She then announced that the Community Center would be closed the week of Thanksgiving, the gym floors will be refinished along with other painting and maintenance issues. Mayor Fletcher related that the 2012 Budget is projected to be ready for the next regularly scheduled City Council meeting. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:38 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer