11 NOV 17.doc
CITY 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.
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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.
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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.
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ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1432 THIS 17 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.
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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.
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ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1431 THIS 17 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
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fireworks from 6:00 p.m. to 11:00 p.m. on July 4 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
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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.
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ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1429 THIS 17 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
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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.
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ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1433 THIS 17 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
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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.
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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):
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City Offices will be closed November 24 & 25 for Thanksgiving.
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The Holiday Lighting Ceremony will be December 1 at 6:30 p.m. at City
Hall.
Parks and Recreation Director Kristen Kennon announced that this weekend
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the Community Center would host the 34 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
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