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05 JUL 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 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 July 7, 2005 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Twitty and Ray were absent. Others present for the meeting were: City Attorney Robert Bamburg, Finance Manager Cheryl Erkel, Finance Director Paul Mushrush, City Engineer Jay Whisker, Fire Chief John Vanderhoof, Fire Battalion Chief Joe Bratton, Police Chief Robert Baker, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Edith Smith, Mr. Larry Dupree, Mr. George Reed, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of June 14, 2005 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 June 2, 2005 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Animal Control Report for June 2005. Said report reflects: ADOPTION/FINES: 566.00 CONTRIBUTIONS: 10.00 TOTAL: $576.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for May 2005. Said report reflects the Total Value of Reported Stolen Property $66,366. Total Value of Recovered Stolen Property $58,491 and Total Report Sales $430.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for a Truck Bed Alderman Stroud moved, seconded by Alderman Lewis to accept the low bid from Dealers Truck in the amount of $12,000.00 with funds to be drawn from budgeted funds in the Street Department Fund. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: Final Plat of the Rigdon Family Subdivision City Engineer Whisker related that the property included the radio station on Warden Road, which had been annexed into the City in the early 80’s. He explained that the property is being split into two lots with City dedicated right-of-way to the frontage road regarding future development. He noted a correction to the legal descriptions regarding right-of-way. Alderman Smith moved, seconded by Alderman Howard to approve the Final Plat of the Rigdon Family Subdivision as recommended by the Planning Commission. MOTION CARRIED. GENERAL: DEVIATION IN AGENDA: b. ORDINANCE 1256 (#18-05) AN ORDINANCE TO ESTABLISH AND DESIGNATE JACKSONVILLE MUNICIPAL PROPERTY OWNERS’ MULTIPURPOSE IMPROVEMENT DISTRICT (FOXWOOD ESTATES PROJECT); DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. Alderman Sansing moved, seconded by Alderman Lewis that Ordinance 1256 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1256. Mayor Swaim explained that the improvement district would be the property located to the east and south of Foxwood Subdivision. He then explained that the average tract would be approximately 5 acres with larger homes in a gated subdivision. In response to a question posed by Alderman Fletcher, City Engineer Whisker answered that the subdivision would not have curb and gutter, explaining that the Planning Commission had granted a waiver to accommodate the developer’s vision of a rural type setting within the City limits. He stated that the road would be 24’ with 4’ gravel shoulders. He then answered that the improvement district would be responsible for improvements to streets, sidewalks, water and sewer. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1256 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, 2 Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1256 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1256. Alderman Howard moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1256 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1256. Alderman Lewis moved, seconded by Alderman Stroud that Ordinance 1256 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be attached to Ordinance 1256. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1256 THIS 7 DAY OF JULY 2005. c. DISCUSSION Amending Animal Control Ordinances Alderman Fletcher stated that consideration for amending the Ordinances came as a result of the increased number of dog bite cases being reported by the Animal Control Department. He noted that many cities have addressed similar issues by banning certain breeds of dogs. He stated that after speaking with Mr. Kye, he is more convinced that the problem may not be so much the breed as it is the dog owner. He stated that the solution may lie in making dog owners more responsible for their dogs, adding that the fencing verbiage in the present Ordinance may also need to be amended beyond just using the word secure to describe fencing of dogs. He suggested that a committee be formed to address all aspects regarding the need to amend present Ordinances. Mr. Larry Kye a local resident of 45 years, stated that he feels the current controversy evolves around the Pit Bull breed. He provided a long and lustrous past regarding the Pit Bull breed as an American symbol. He then acknowledged that the breed has also picked up bad press regarding its use for protection by drug dealers, as well as gambling regarding dog fighting. He noted the later to be bad dog owners, adding that it is not “breed but the deed” that has earned the Pit Bull a bad reputation. He stated that responsible pet owners should not be punished because of the deeds of other dog owners. He related his membership to 3 various dog associations, stating that he is a responsible dog owner. He stated that the current problem of vicious dogs is an individual’s responsibility, explaining that the dog is a product of the current and CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. past masters. He stated that owners determine whether a dog will be a useful inhabitant of the community or a nuisance. He continued that banning one certain breed would not resolve the problem, saying that if one breed were ban, bad dog owners would turn to another breed that could also be trained to be vicious. He noted that specific legislation has proven to be costly, as well as difficult, if not impossible to enforce. He read from Supreme Court legislation, which stated that many breeds are capable and responsible for fatal attacks, adding that statistics regarding fatalities and injuries caused by dogs cannot be used to document the dangerousness of one breed as compared to another. He stated that those statistics would not be reliable because it is impossible to know how many dogs of a certain breed are in the general K- 9 population at one time. He added that he does not support people not being able to walk on their own property without being intimidated by someone else’s dog. He noted that there is legislation used in other cities that has withstood the Supreme Court test, adding that this type of legislation can be used by the City of Jacksonville to have a positive and beneficial outcome, which would help attract more growth in the Community. He noted that Jacksonville would be hosting four dog shows next month sponsored by UKC. He then noted dog programs that are beneficial to the Community regarding search and rescue dogs and therapy dogs. He stated that positive legislation should ban the “deed not the breed”, adding that he can provide model legislation. Ms. Desiree Bender stated that while she is not a resident of the Community, she would like to see the City adopt legislation that would require the spaying and neutering of Pit Bulls. She stated that most fatality cases have involved a dog on a chain or an unaltered Pit Bull beside an in heat female Pit Bull. She offered support data to explain her argument. Alderman Fletcher offered Mr. Kye, Dr. Misak, and Lavern Anderson, as suggested members to serve on the committee. He also requested that Police Chief Baker provide a member from his K-9 staff, as well as a volunteer from the City Animal Control Department. He supported the formulation of positive legislation that would be responsive to all the citizens concerned. Mayor Swaim accepted Alderman Fletcher as Chairman for the committee with the aforementioned names and asked that Desiree Bender consider serving on the committee. He requested that membership be held under ten members. Alderman Lewis noted that that following close consideration, he is not entirely supportive of banning one breed of dog. He explained that 4 information supplied by the Arkansas Municipal League suggested that the banning of one breed would inherently lead to the banning of additional breeds. He added that further information from the Arkansas Municipal League suggested that owners register their dogs and that a fee should be CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. assessed for breeding. He added that dogs declared vicious because the owners cannot control them should be removed from the owner. He offered to make available the information from the Arkansas Municipal League to the committee. Alderman Linda Rinker offered to serve on the committee. Mayor Swaim supported registration for pets, adding that it is difficult to enforce without going door to door to guarantee compliance. He asked that the committee also take into consideration the difficulty that the Animal Control Officers and the City Attorney experiences in prosecuting these cases. He stated that it is a difficult situation, adding that he is not opposed to strengthening the present Ordinances, but added that it would require the public’s patience regarding the City’s present level of manpower to enforce new legislation and the time involved with defending enforcement. City Attorney Bamburg offered that any legislation that would assist the Animal Control Officers in their duties would be to the benefit of the City. Alderman Fletcher stated that the focus of the committee would be to preserve owner’s rights but also to make owners more responsible. Mayor Swaim announced that all committee meetings would be open to the public and press at such time and location as designated by the Chairman of the committee. Mr. Ricardo Perez-Cantu, stationed by the Air Force and living in the Community for approximately four years, related that his wife is employed as a veterinary technician and that he and his wife volunteer on the Boxer rescue in State. He noted his wife’s desire to serve on the committee. Discussion ensued regarding the difficulty to require spaying and neutering by pet owners, and Mr. Kye added that to be able to show a dog in competition they cannot have been spayed or neutered. Mr. Perez-Cantu pointed out that it would not be fair to ask a military family to spay or neuter their dog just because they are stationed in Jacksonville, when they do not have a say in where they are stationed. He supported stronger enforcement of current Ordinances to address the problems rather than creating more laws. He stated that he does not feel that it would be wise for the City to go into every little detail of every dog owner, 5 saying that it would cost the City more than just hiring another Animal Control Officer or building a 20’ X 20’ extension on the current shelter. Mayor Swaim reiterated the difficulty with having irresponsible dog owners heed warnings from the City, adding that such difficulties usually end up in Court becoming lengthy time issues. He related that he did not want there to be impractical expectations regarding the Ordinance’s ability to rectify all situations at once. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. Alderman Fletcher noted the situation regarding poor fencing of dogs, adding that the committee would need to consider more clearly defining proper fencing. Mr. Perez-Cantu stated that the only people who would obey the laws would be the responsible pet owners. Alderman Lewis stated that without the laws, the Animal Control Officers and the City Attorney would not have authority to cite offenders into court. a. ORDINANCE 1255 (#17-05) AN ORDINANCE ESTABLISHING JACKSONVILLE MUNICIPAL CODE § 9.38 (FALSE ALARMS – NUISANCE); AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1255 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1255. Alderman Stroud noted the Ordinance to be fair and equitable. City Attorney Bamburg offered that a modification was made regarding the more frequent number of times the Police Department is asked to respond to false alarms. He noted that the extensive cost factors for the Police and Fire to respond, explaining that the fee structure increases with the frequency of false alarms as an attempt to reimburse cost factors incurred by the City. In response to a question posed by Alderman Fletcher, Chief Baker stated that the majority of false alarms are from those not installed properly or well maintained. He stated that another frustration for the Police Department is when the alarm company and the owner do not take responsibility to respond on scene when an alarm has been activated. He stated that the goal of the Ordinance is to ensure that the owners will take responsibility for repairing alarm problems. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1255 be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). 6 MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1255 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1255. Alderman Howard moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1255 on THIRD and FINAL READING. ROLL CALL: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. Aldermen Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1255. Alderman Lewis moved, seconded by Alderman Stroud that Ordinance 1255 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1255 THIS 7 DAY OF JULY 2005. APPOINTMENT(S): PARKS AND RECREATION COMMISSION APPOINTMENT Alderman Howard moved, seconded by Alderman Stroud to approve the appointment of Mr. Ronnie Higgins for a term to expire 05/09/2010. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim announced the road closures of Mayfair, Valentine, and Trickey Lane next week regarding the asphalting program. Mr. Cecil Britton addressed the City Council, advocating that not only pet owners but also landlords need to be responsible. He related problems on Ruth Ann Street that required the Police Department being th called four times during the week of June 13. He reported questionable activity in the vicinity of 917 and 919 Ruth Ann, pointing to drug dealers. He stated the need to enforce more than grass cutting Ordinances, explaining that he received a letter regarding a property he owns while he was able to make of list of properties worse than his, that were not sent a letter. He then noted the problem with noise in the area, saying that the music from cars driving on Loop Road booms through his apartment. He stressed the need for working residents to be able to sleep and the need for the City to enforce the noise Ordinance. He reported that the rear of 154 and 156 North Elm Street has been trashy for months without the City making the property owners clean their property. He mentioned problem areas on Gray Street and Charlotte Circle. 7 Alderman Stroud noted difficulty regarding always being able to locate property owners, but added that since the adoption of the clean-up Ordinance there have been considerable improvements regarding unsightly areas. He stated that with a strong landlord’s association and cooperation from the police, Jacksonville could eliminate drug houses. Mr. Britton stated that he felt the City should have an Ordinance that would make the property owner responsible for renting to a drug dealer. Mayor Swaim pointed out that the Code Enforcement Department sent out 252 grass letters last month, along with 23 properties being mowed, sent 84 trash letters and the City cleaned up 7 properties. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 7, 2005 7:00 P.M. – 7:59 P.M. Mr. Britton acknowledged that the City is doing a great deal to address the issues. Mayor Swaim stated that once properties are identified, the City moves forward with the appropriate action. He added that he could understand Mr. Britton’s frustration regarding the noise and unsightly properties. He explained the process, noting the lengthy time involved in prosecuting the cases. Mr. Britton reported a hole in the street at the end of the driveway at 908 Ruth Ann. He asked for increased Police patrol on Ruth Ann and then thanked the City Council for the opportunity to speak. In response to a question posed by Mr. Kye, City Attorney Bamburg answered that an arrest for loitering regarding drug dealing would depend on the nature of the violation and what the officer sees when he arrives on the scene. Alderman Fletcher expressed concerns regarding growth and infrastructure, Mayor Swaim stated that sewer concerns have been addressed and will be corrected within a short period. He explained that the Wastewater Department is going to place a pump in the area. He stated that there will be over 700 lots available in west Jacksonville within the next 18 months to 2 years. He then answered that regarding the subdivision in question, it is being determined whether the water will be supplied by the North Little Rock or Jacksonville line. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:59 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8 9