06 JUN 22.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 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 June 22, 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, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight
(8), ABSENT (2). Alderman Twitty was absent.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kary Jezwinski, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Police Chief Robert Baker,
City Engineer Jay Whisker, Public Works Director Jim Oakley, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Edith Smith, Mr. Larry Dupree,
Mr. Larry Kye, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of June 1, 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 Stroud that the minutes of the Regular City Council Meeting of 18 May 2006 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for May 2006. Said report reflects the Total Value of Reported Stolen Property $165,032. Total
Value of Recovered Stolen Property $125,336 and Total Report Sales $1,054.00.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for May 2006. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 26 Building Inspections 82
Business License 13 HVACR 45
Electrical 121 Plumbing 92
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 300 Notice of Noncompliance 27
Property Mowed 38 Towed 2
Trash Letters 99 CONDEMNATIONS
Trash Removal 4 Structural Maint. Letters 0
Property Maint. Letters 11 Structural Repairs Made 0
Costs $3,197.90 Demolitions 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 P.M.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for May 2006. Said report reflects:
ADOPTION/FINES: $816.50
CONTRIBUTIONS: $ 0.00
TOTAL: $816.50
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for May 2006 from the Jacksonville Fire Department, which reflects a fire loss of $21,100 and a
savings total of $218,900.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED.
Mayor Swaim noted that Alderman Twitty was ill, and announced that Alderman Lewis’ memorial was held today. He stated that Alderman Lewis would indeed be missed.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT: Request to apply for the FEMA SAFER grant
Mayor Swaim related that the City has an opportunity to apply for the SAFER grant. He added that as the City has grown there would be changes in the Fire Department personnel and the
grant will offer the City an opportunity to save regarding personnel cost for the first four years of employment.
Alderman Stroud moved, seconded by Alderman Smith to allow the Fire Department to apply for the FEMA SAFER grant. MOTION CARRIED.
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: a. FINAL PLAT O’Reilly Automotive Subdivision, Lot 1
Alderman Stroud moved, seconded by Alderman Howard to approve the Final Plat of the O’Reilly Automotive Subdivision, Lot 1 as recommended by the Planning Commission. MOTION CARRIED.
b. ORDINANCE 1284 (#17-06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY AT LOOP ROAD AND GRAHAM, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213
AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 P.M.
City Engineer Whisker explained that the two lots are located north of Kelley Drive on Loop Road, in between Graham and Kelley, south of Graham Road. He related that the owner had originally
planned to place a mobile home on the property, adding that the property was sold and split, now the owner desires to have site built homes on the property. He stated that the rezoning
would be for site built homes.
Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1284 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1284.
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1284 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and
Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1284 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher,
Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1284.
Alderman Sansing moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1284 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray,
Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1284.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1284 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1284 THIS 22nd DAY OF JUNE 2006.
GENERAL: a. ORDINANCE 1283 (#16-06)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE 6.02; AMENDING JACKSONVILLE MUNICIPAL CODE 6.04, 6.08, 6.10 AND 6.12; AND, FOR OTHER PURPOSES.
Committee Chairman, Alderman Fletcher asked that City Attorney Bamburg highlight the changes proposed in Ordinance 1283. He thanked the members of the committee for their volunteer
time.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1283 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1283.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 P.M.
City Attorney Bamburg related that in order to address concerns expressed by the Committee additional definitions were added in an effort to assist the Animal Control officers. He stated
that different terms were created for the purpose of controlling the issues of those animals that are involved in bite cases. He continued that the licensing process has been strengthened
and fees were raised from five dollars for all animals to five dollars for sterilized animals and thirty dollars for unsterilized animals. He noted that the biggest changes were in the
nature of required restraints and limitations, adding that there were specific directives regarding the type of materials or confinement to be observed for those animals being maintained
outside. He further stated that choke collars are prohibited from being used when an animal is tied in the yard. He then reviewed section five regarding dangerous and vicious animals.
He explained that under the current ordinance once an animal has been declared vicious there are additional steps the owner must take in order to maintain the animal such as additional
confinement, muzzling, and being chained within a fenced yard. He explained that the Ordinance was fashioned after other ordinances that have worked well in other communities, explaining
that there are now two designations of dangerous animal and vicious animal. He related that the current designation for a vicious animal would be the equivalent of a dangerous animal
under the new ordinance. He stated that a dangerous designation would be an animal involved in either one-bite case or in a circumstance where the animal has expressed some vicious
nature toward another animal or individual. He stated that when an animal is involved in more than one incident, there is a declaration of vicious animal and those animals are ban from
the City of Jacksonville. He stated that once an animal is declared vicious there is a specific and short time in which the owner can appeal the decision. He stated that if the appeal
is not successful the owner is given a very short time period to either remove the animal from the City or have the animal euthanized to avoid being further cited. He noted that any
appeal process would be to the Mayor or his designated representative. He noted that the appeal time frame for vicious animals is shorter than the time frame of appeal for dangerous
animals. He explained that once an animal has been declared dangerous the owner has certain responsibilities in order to keep the animal in Jacksonville. He then reviewed strengthened
provisions for the maintenance of premises for animals in pens, and enhancement to the cruelty to animals section to allow for a greater deference for the Animal Control officers. He
noted that State law has enhanced penalties that are adopted by this Ordinance. He related that impoundment and reclaiming fees were slightly increased to cover those costs to the Animal
Control Department. He added that adoption fees covering the cost of sterilization would be paid and an adoption certificate for sterilization will be forwarded to the veterinarian.
He reviewed the increase in enforcement and penalty section ranging from $100.00 to $1,000.00 depending on the nature of the violation for a licensed or unlicensed animal. He then
related updates for the sections covering livestock, swine, bees and other regulations not frequently used regarding the keeping and maintaining of those types of animals.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 P.M.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1283 be APPROVED on FIRST READING.
Mayor Swaim opened the floor for persons wishing to express opposition to the Ordinance, being none; he then opened the floor for affirmation of the Ordinance.
Mr. Larry Kye a Committee member expressed his support for the mandatory spaying and neutering of animals adopted from the shelter as well as animals running at large. He added that
it reduces the license fee for altered dogs versus unaltered dogs, saying that he feels the Ordinance is a good step forward for the City.
Mayor Swaim noted that the wording of representative should be made plural, allowing him to appoint one person or more to act in that capacity.
Alderman Stroud moved, seconded by Alderman Fletcher to AMEND Ordinance 1283 regarding the wording of representative be changed to representative(s) under vicious and dangerous animals.
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud stated that purpose of the Ordinance is to protect the citizens of Jacksonville, adding his support. He then expressed his concern that before an animal is declared
vicious it has to bite or attack another animal or individual. He further expressed concerns for the increase in population of pit bulls in Jacksonville as a result of other cities
banning pit bulls. He noted a significant increase in pit bull bites in the City of Jacksonville according to Animal Control statistics. He further expressed concern for the nature
of bites from pit bulls versus other animal breeds, saying that the key to the Ordinance being beneficial is enforcement. He stated that if circumstances do not improve regarding the
pit bull breed he would campaign to have pit bulls banned from the City of Jacksonville.
Alderman Fletcher stated that short of a ban on pit bulls this Ordinance was the best alternative. He agreed that time may prove that the Ordinance will need to be fine tuned to increase
its protective nature. He noted that Animal Control has agreed to closely monitor pit bull bites, providing education and being more proactive than reactive. He stated that the purpose
of the Ordinance was to make pet owners more responsible.
In response to a question posed by Alderman Rinker, Public Works Director Jim Oakley clarified that animals declared dangerous would have to sterilized, micro chipped and permitted for
$100.00 annually to be maintained in the City of Jacksonville.
City Attorney Bamburg then clarified that the Ordinance allows Animal Control to declare an animal dangerous that expresses any kind of propensity of that nature. He referenced the
Ordinance to clarify that
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 P.M.
an animal being declared vicious because of the repercussions it would have to bite another animal or individual.
Alderman Rinker relayed an incident involving an attack by a Chow dog and a 3-year old child, saying that she feels the Ordinance is a good start but expressed further caution, leaving
the door open for future modifying legislation.
Alderman Smith stated that the proposed Ordinance is 100 times better than previous legislation, adding that it is a good place to start. He stated that additional legislation could
be considered if certain circumstances show no improvement.
Discussion ensued regarding the period for monitoring situations and returning with modifications.
Ms. Amanda Erickson apologized for being tardy, asking if she could address the City Council regarding her concerns. She related that her dog had previously been declared vicious by
the Animal Control Department, adding that she has complied with prior regulations to keep a vicious animal. She further explained that under the new Ordinance a person keeping a dangerous
animal would be required to pay an annual fee of $100.00, which she feels is double punishment for those who have complied with the regulations and have had no other problems. She acknowledged
that prior declared vicious animals are reclassified as dangerous under the new Ordinance and required to pay the annual fee. She asked the City to consider lowering the fee.
It was the consensus of several City Council members not to lower the fee.
ROLL CALL TO APPROVE ON FIRST READING: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1283 on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker,
Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1283.
Alderman Smith moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1283 on THIRD and FINAL READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1283.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1283 be APPROVED AND ADOPTED as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud,
and Howard voted AYE. NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 22, 2006
7:00 P.M. – 7:44 P.M.
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1283 THIS 22nd DAY OF JUNE 2006.
b. Request change approval regarding CDBG project list
Director Theresa Watson related that in November the City Council approved a walking trail project for the Towers, explaining that since that time they have experienced problems with
their kitchen stove. She related that because of the age of the stove it could not be repaired; adding that Mrs. Evans from the Towers has asked if a stove could be purchased rather
than the walking trail project. She related that the price of the stove at $3,830.87 would be less than the amount approved for the walking trail project.
Alderman Elliott moved, seconded by Alderman Howard to approve a change in the 2006 CDBG project list regarding the replacement of a kitchen stove for the Towers. MOTION CARRIED.
APPOINTMENT(S): PARK AND RECREATION COMMISSION
Alderman Smith moved, seconded by Alderman Elliott to approve the appointment of Mr. Bobby Altom to the Parks & Recreation Commission for a term to expire 5/9/2011.
ANNOUNCEMENT(S): Alderman Fletcher noted the importance for Rebsamen Hospital to have a platform to inform the community of new advances available at their local hospital.
Mayor Swaim concurred that the hospital has purchased innovative equipment within the last year.
Mayor Swaim announced that the Fourth of July spectacular would be held Friday June 30th at 8:00 p.m. It was noted that the children’s activities would begin at 7:30 p.m.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:44 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer