06 JUL 20.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 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 20, 2006 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, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum.
PRESENT ten (10), ABSENT (0). Mayor Swaim welcomed new Alderman Kevin McCleary.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Fire Chief John Vanderhoof, Battalion Chief Joe Bratton, Police Chief Robert Baker, Human
Resource Director Charlie Brown, City Engineer Jay Whisker, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, 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 July 6, 2006 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 22 June 2006 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2006. Said report reflects the Total Value of Reported Stolen Property $ 94,155. Total
Value of Recovered Stolen Property $57,608 and Total Report Sales $1,242.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2006 from the Jacksonville Fire Department, which reflects a fire loss of $1,000 and a
savings total of $54,000.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2006. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 17 Building Inspections 90
Business License 15 Electrical 81
Plumbing 104 HVACR 59
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 P.M.
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 182 Notice of Noncompliance 15
Property Mowed 56 Towed 2
Trash Letters 85 CONDEMNATIONS
Trash Removal 4 Structural Maint. Letters 0
Property Maint. Letters 6 Structural Repairs Made 0
Costs $3,840.95 Demolitions 0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for June 2006. Said report reflects:
ADOPTION/FINES: $1016.50
CONTRIBUTIONS: $ .00
TOTAL: $1016.50
In response to a request from Alderman Smith, Public Works Director Jim Oakley responded that he would provide monthly information regarding the breed of dog involved in bite cases.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: Final Plat Lost Creek Estates
Alderman Smith moved, seconded by Alderman Ray to approve the Final Plat of Lost Creek Estates.
In response to a question posed by Alderman Stroud, City Engineer Whisker stated that lot 17 has been corrected to reflect a 35’ front yard setback.
GENERAL: a. ORDINANCE 1286 (#19-06)
AN ORDINANCE AUTHORIZING THE EXEMPTION OF THE CITY OF JACKSONVILLE, ARKANSAS, FROM THE SHIELDED OUTDOOR LIGHTING ACT; AND, FOR OTHER PURPOSES.
Alderman Howard moved, seconded by Alderman Smith that Ordinance 1286 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1286.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 P.M.
Alderman Howard moved, seconded by Alderman Ray that Ordinance 1286 be APPROVED on FIRST READING.
Mayor Swaim explained that a State Statute had been adopted that required all streetlights to be affixed to prevent upwards illumination. He related that the purpose of the law was
to prevent visibility problems for stargazing. He stated that the problem is not only the expense involved with the fixture but there is an additional monthly rate expense. He explained
that legislature was subsequently passed that allowed cities to opt out of the State Statute, providing for a significant cost savings regarding streetlights for the City.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1286 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1286.
Alderman Sansing moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1286 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1286.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1286 be APPROVED AND ADOPTED.
In response to a question posed by Alderman Fletcher, Mayor Swaim clarified that adoption of the ordinance would allow the City to opt out from this requirement regarding newly established
lighting in the City. Mayor Swaim noted that school districts were not allowed to opt out of the requirement, adding that unfortunately this would create an extra burden for the schools.
He then stated that decorative lighting is not as luminous as regular streetlights, which are taller and spreads illumination further.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1286 THIS 20th DAY OF JULY 2006.
b. ORDINANCE 1287 (#20-06)
AN ORDINANCE ESTABLISHING JACKSONVILLE MUNICIPAL CODE §10.30 (GOLF CART USE); AND, FOR OTHER PURPOSES.
Alderman Elliott stated that he and Alderman Smith have been contacted by several citizens regarding the establishment of regulations for golf cart
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 P.M.
use. He related complaints involving children using golf carts on City streets, outside the purpose of transportation to and from the golf course. He stated that the ordinance would
provide that children under the age of 16 operating a golf cart must be going to the golf course to play golf.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1287 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1287.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1287 be APPROVED on FIRST READING.
Chief Baker noted that the ordinance did not provide a minimum age for golf cart use.
Discussion ensued regarding the age of youths practicing golf.
Chief Baker stated that his concerns for anyone under the age of 10 years, noting that the Police Department is prevented from citing anyone under that age.
Mayor Swaim invited comment from members of the audience. He explained that the issue is more of a safety concern, noting that complaints have been received regarding youths operating
golf carts as general transportation and exhibiting inappropriate and dangerous instead of golf course related activities.
Further discussion ensued regarding a reasonable age limit and City Attorney Bamburg offered that the Police Department can cite anyone over the age of 10 years, adding that the Ordinance
does provide specific compliance with all traffic laws regardless of age, and that the carts be driven to the extreme right of any roadway and to yield to any vehicular or pedestrian
traffic.
Alderman Elliott supported having an established minimum age, bearing in mind that the club does sponsor golf youth programs.
Alderman Twitty noted that some of the programs include youth as young as 11 or 12 years of age.
In response to a question posed by Alderman Rinker, it was discussed that some children in the Foxwood Subdivision have been observed using golf carts for public transportation and as
a pulling vehicle for skate boards, being used more as toys than for the intended use.
City Attorney Bamburg clarified that State Statute authorizes cities to use a golf cart within certain parameters, explaining that Jacksonville does not have a golf-cart-use ordinance
on the books.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 P.M.
Alderman Smith pointed out that currently it is unlawful for even older golfers to use their carts for transportation to and from the golf course in Foxwood.
Chief Baker stated that his interpretation of JMC §10.30.030 section A) that allows golf cart use upon private property and/or roadways, on public streets and roadways that surround,
are near, or are a part of a golf course(s), or within a gated community seems to be in conflict with State Statute 14-54-1410 section (b) which only authorizes use of a golf cart from
on city street only from the owner’s place of residence to the golf course and to return from the golf course to the owner’s residence.
City Attorney Bamburg pointed out that streets inside gated communities within the City of Jacksonville are private roads, adding that including gated communities allows for expansion
of a gated community with a golf course.
Alderman Ray moved, seconded by Alderman Stroud to amend JMC §10.30.030 section B) to establish the minimum age of 12 years of age to operate a golf cart to and from the golf course
or on private property or private roads. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Fletcher that Ordinance 1287 be APPROVED on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1287 on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1287.
Alderman Sansing moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1287 on THIRD and FINAL READING as amended. ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1287.
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1287 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1287 THIS 20th DAY OF JULY 2006.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 P.M.
c. RESOLUTION 595 (#8-06)
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE AN INTERLOCAL AGREEMENT ON BEHALF OF JACKSONVILLE TO PLACE ON THE BALLOT THE LEVY OF A SALES AND
USE TAX FOR THE PURPOSE OF FUNDING THE PULASKI COUNTY DETENTION CENTER; AND, FOR OTHER PURPOSES.
Mayor Swaim related that the Resolution outlines how the money would be expended if the sales and use tax levy passes, adding that it relieves the municipalities from paying present
fees. He stated that it states that the County is responsible for jail operations, maintenance and upkeep. He clarified that adoption of Resolution 595 is not an endorsement to increase
the sales and use tax but list the conditions if passed that would be required.
Alderman Stroud moved, seconded by Alderman Howard to read Resolution 595. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 595.
Mayor Swaim stated that the vote by the quorum court to place the issue on the ballot was 9 to 7.
Alderman Fletcher moved, seconded by Alderman Ray to approve Resolution 595 in its entirety. MOTION CARRIED.
d. DISCUSSION of policies for wrecker service
Mayor Swaim stated that issues have arisen regarding response times; including issues involving the night hours or wreckers not willing to pull City tagged vehicles. He asked that the
City Council consider forming a committee to formulate policies and procedures for operation of wrecker services inside the City of Jacksonville. He explained that currently the City
works from a rotating list of wrecker services able to provide a reasonable response time. He asked that one Alderman from each Ward make themselves available to serve on the committee.
Alderman Ray volunteered to serve as Chairman for the committee.
It was determined that unless otherwise agreed each Alderman representing position 1 of each Ward would serve on the committee.
Mayor Swaim asked that members of the wrecker services be encouraged to join the committee.
e. Proposal to name Main Street overpass
Mayor Swaim related a proposal to rename the Main Street overpass as the Alderman Robert Lewis overpass, explaining that a recognition ceremony dedicating the overpass and affixing a
plaque would be planned.
Alderman Smith moved, seconded by Alderman Sansing to rename the Main Street overpass to the Alderman Robert Lewis Overpass. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 20, 2006
7:00 P.M. – 7:40 P.M.
APPOINTMENT(S):
ANNOUNCEMENT(S): Keep Jacksonville Beautiful
Alderman Stroud related that since the City Council approved paying the affiliate entry fee last year, Ron Newport was chosen to spearhead the program. He stated that Mr. Newport has
done a tremendous job. He then stated that a Resolution would need to be adopted to approve a board to address litter in the City of Jacksonville.
Mayor Swaim announced that Public Works Director Jim Oakley was selected as the Public Works Director of the Year for the State of Arkansas. He and the City Council congratulated Mr.
Oakley for a well-deserved award.
Mayor Swaim asked for assistance from the press and citizenry to pass the word that a group of individuals are posting flyers at residences in Jacksonville for the purpose of painting
house numbers on the curb to better provide identification for the Police and Fire, explaining that this is not a City requirement in order to have the Police or Fire respond to a call
at that residence. He related that the Police have had to arrest at least one of the individuals leaving flyers, noting that they were not properly permitted to go into the neighborhoods
and leave flyers. He noted that the charge is $10.00 to have numbers painted, adding that citizens who want the service are welcomed to participate. He reiterated that while having
the numbers might make for easier identification, it is not a requirement. He asked that incidents of people canvassing neighborhoods should be reported to the Code Enforcement Department
or the Police Department so proper permitting can be established.
Mayor Swaim announced that Parks and Recreation would be coming to the City Council with an emergency situation involving a compressor, which has failed and one that is faltering because
of the extra labor.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:40 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer