City Council

1 City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 5,2015 7:00 p.m. 1. OPENING PRAYER: PAGE 2. ROLL CALL: 3. PRESENTATION OF Regular City Council Meeting MINUTES: October 15,2015 (available at meeting) 4. APPROVALS AND/OR Regular City Council Meeting CORRECTION OF MINUTES: October 1, 2015 5. CONSENT AGENDA: Engineering Department: Regular Monthly ReportIOctober City Engineer Jay Whisker 6. WATER DEPARTMENT: RESOLLII-ION 733 (#09-2015) Requesting denial of the reduction of the Jacksonville Water Works service territory by the City of Sherwood and Central Arkansas Water as proposed to the Arkansas Natural Resources Corr~nission(Mayor Fletcher) 2-3 7. WASTEWA-rER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: DISCUSSION: Closing a portion of Sharp Street (Mayor Fletcher) 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COIVIMISSION: 14. GENERAL: PLlBLlC HEARING 7:00 P.M. ORDINANCE 1536 (#16-2015) Amending JMC § 5.04 Providing modification of the City's business privilege license requirements (Mayor Fletcher) 15. APPOINTMENTS:  City Council A G E N D A continued: November 5, 2015 1 16. ANNOUNCEMENTS: City Offices will be closed November Ilth in observance of Veterans Day Garbage Pickup will run one day later for Wednesday and Thursday's routes 38thAnnual Holiday Craft & Gift Sale Jacksonville Conimunity Center Friday, November 2oth,2 p.m. - 8 p.m. Saturday, November 2lSt,9 a.m. - 4 p.m. 1 ADJOURNMENT  CITY OF JACKSONVILLE To: Mayor Fletcher, Jacksonville City Council From: Engineering Department Please find below the consent agenda for the Engineering Department ENGINEERING REPORT FOR OCTOBER 2015 PERMlTSlLlCENSE ISSUED Building Permits 15 Business License 8 INSPECTIONS PERFORMED Building Inspections 36 Electrical 43 Plumbing 40 HVACR 16  RESOLUTION NO. 733 (#09 - 2015) A RESOLUTION REQUESTING DENIAL OF THE REQUESTED REDUCTION OF THE JACKSONVILLE WATER WORKS SERVICE TERRITORY BY THE CITY OF SHERWOOD AND CENTRAL ARKANSAS WATER AS PROPOSED TO THE ARMNSAS NA TURAL RESOURCES COMMISSION; AND, FOR OTHER PURPOSES. WHEREAS, the Jacksonville Water Works has a designated service territory approved in 2009 by the Arkansas Natural Resources Commission and all local water service providers (Central Arkansas Water, Cabot Water Department, and Mid Arkansas Utilities) per State law. Recently, the City of Sherwood, in conjunction with Central Arkansas Water, submitted a proposed reduction to Jacksonville Water Work's water service territory to encompass areas along the Western and Northwestern boundaries of Jacksonville near the newest of Jacksonville's Water Tanks. Doing so will reduce Jacksonville's service territory by over One Thousand Two Hundred Eighty (1,280) acres; WHEREAS, the Jacksonville City Council is dedicated to continued growth possibilities for the City in all areas, but particularly those in the Western and Northwestern boundaries of the City. The Council is opposed to reduction in any manner of the service territories of Jacksonville Water and, by likely inclusion, Jacksonville Wastewater's service territories. Doing so effectively eliminates any growth potential for the City along the Western and Northwestern boundaries of the City and reduces potential income for all City services which would have been extended into portions or all of the affected property; and, WHEREAS, the City Co~~ncil urges that Executive Director Randy Young, Arkansas Natural Reso~~rces Commission, deny Sherwood and CAW'S Petition to reduce the water service territory of the Jacksonville Water Works and, by doing so, affirming the boundaries agreed to and determined by all the parties in 2009. NOW, THEREFOR6 BE I T RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLZ, ARKANSAS, THAT: SECTION ONE: The City Council request denial of the City of Sherwood, in conjunction with Central Arkansas Water, proposed reduction to Jacksonville Water Work's water service territory encompassing areas along the Western and Northwestern boundaries of Jacksonville near the newest of Jacksonville's Water Tanks. Resolution No. 733 (#09-2015) Page Two SEtXION TWO: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. ADOPTED THIS DAY OF NOVEMBER, 2025. CTY OF JACKSONVILLE, ARK4 NSAS GARY FLETCHER, MA YOR SUSAN DA V . CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CITY ATTi3RNEY  ORDINANCE NO. 1536 (#I6 - 2015) AN ORDINANCEAMENDINGIMCg 5.04. TO PROVIDE MODIFICA TION OF THE CITY'S BUSINESS PRIVILEGE LICENSE REQUIREMENTS; AND, FOR OTHER PURPOSES. WHEREAS, the City's Privilege License Schedule has not been modified since 1974, has become outdated, and does not address the needs of the City for those local businesses, corporations, entities, individuals, and professionals who wish to operate within the City; and, WHEREAS, after several meetings and research, the City Council's Cornmittee prepared the following modifications and revisions to the City's Business Privilege License Program for review and consideration. The Committee recommends that the City Council adopt such modifications after hosting a Public Hearing regarding the matter. NOW, THEREFORE, BE I T ORDAINED AND ENAf f E D BY THE CITY COUNCIL OF THE CITY OFJACKSONVILLZ, ARUNSAS, THAT= SECTION ONE: JMC jE 5.04.010 (LICENSE PAYMENT REQUIRED) is hereby amended and modified to read as follows: It is i~nlawfulfor any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorshipto begin, commence, conduct, or engage in any business activity within the City for which a Business Privilege License is reql~iredunder the terms of this Code without first obtaining a License and tendering payment of the appropriate amount due. SEmION W O : JMC 5 5.04.020 (LICENSE COVERAGE PERIOD) is hereby amended and modified to read as follows: All license issued under this Chapter shall be valid for the calendar year in which said license is issued. However, any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorshipopening subsequent to July'1 of any calendar year shall only pay One-half (112) of the annual Business Privilege License amount for the remainder of that calendar year. SECT.ION THREE: Jl'ulC 5 5.04.030 (SEPARATE LICENSE ISSUANCE REQUIREMENTS) is hereby amended and modified to read as follows: ORDINANCE NO. 1536 (#I 6-2015) Page Two For any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship with multiple physical addresses and/or business(es) operations within the City, a separate Business Privilege License shall be required for each such separate business/business location. SECZION FOUR: JMC 5 5.04.040 (LICENSE ISSUANCE AND REQUIRED INFORMATION) is hereby amended and modified to read as follows: Upon receipt of the appropriate annual payment of a Privilege License Tax and satisfaction of all requirements and applicable Code/legal provisions, it is the duty of the City to issue an annual Privilege License for every business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship seeking such. On said License shall be the name of the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorshipto whom the License is issued, the activity, business, function, profession, and/or service to be provided, the address and location for which the License is issued, and the appropriate contact information (address(es), email, telephone(s), etc.) for a designated representative(s) of the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed. SECZION FIVE: :IMC 5 5.04.060 (LICENSE ISSUANCE AND NON- TRANSFERABILITY) is hereby amended and modified to read as follows: Any License issued hereunder is neither non-transferable nor assignable. Upon the sale, merger, or transfer of ownership of a business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship, a new owner must register and apply for a new Business Privilege License within Thirty (30) days of the date of transfer and/or re-opening of the business. SECTION SIX: JMC 5.04.070 (PRIVILEGE LICENSE DUE DATE AND DELIIVQUEIVCY PENALTIES) is hereby amended and modified to read as follows: A) All business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship operating within the City of Jacksonville shall pay in advance on January lStof every year for his/her/its annual Business Privilege License. Failure to pay in full any balances due the City no later than February lStof each year will be classified as delinquent ORDINANCE NO. 1536 (#16-2015) Page Three payments and subject to an Administrative Penalty Fee of Fifty Dollars ($50.00) per delinquent License. B) Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship subject to payment requirements of this Code shall, upon request by the CityjCity's agent(s), make available their accounting and business records for review by the City for substantiation of amounts due under the provisions of this Code. SECTION SEVEN: JMC g 5.04.080 (PENALTY) is hereby revoked and replaced with JMC fj 5.04.150 (ENFORCEMENT AND PENALTIES). SECTION EIGHT: JMC fj 5.04.080 (EXEMPTIONS FROM PRIVILEGE LICENSE PAYMENTS AND REQUIREMENTS) is hereby created and modified to read as follows: (A) Those charitable, non-profit, and/or religious corporations, entities, and organizations fully recognized and/or registered as such with the appropriate State and Federal Agencies are hereby exempt from the payment of a Privilege License as long as the business activity(ies) islare directly related to the primary purpose(s) of their charitable and/or religious organization. Solicitation activity(ies) associated with said charitable, non-profit, and/or religious organizations within the City are, however, subject to registration with the City prior to enactment of any solicitation activity(ies); (9) A business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship granted an exemption under State and/or Federal law from local Privilege License Payments shall be exempt from payment, but shall be required to register with the City for each year in which said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducts business activity within the City; and, (C) No individual under the age of Eighteen (18) years of age shall be required to register or obtain a business license. SECTION NINE: JMC 5.04.090 (STATE LICENSURE REQUIREMENTS) is hereby created and modified to read as follows: No City of Jacksonville Privilege Business License shall be issued to any business, corporation, entity, individual, partnership, and/or professional who is ORDINANCE NO. 2536 (#26-2015) Page Four required to hold a valid State and/or Federal License or Certificate until said State and/or Federal License/Certificate has been issued. Should said State and/or Federal License/Certificate expire, be revoked, or be withdrawn, temporarily or permanently, said business, corporation, entity, individual, partnership, and/or professional shall concurrently lose their City Privilege Business License as well and remain ineligible for such until the State and/or Federal LicenseICertificate is reinstated. SECTION ZEN= JMC 5 5.04.100 (BUSINESS PRIVILEGE LICENSE SCHEDULE) is hereby amended and modified to read as follows: (A) Pursuant to the determination that conducting a business operation within the City is a privilege, the following annual Business Privilege License Schedule is set forth: 1) Alcohol Sales - Hospitality, Private Clubs, Restaurant, Retail, &/or Wholesale 0 - 2000 Square Feet $ 500.00 2001 - 3000 Square Feet $ 525.00 3001 - 4000 Square Feet $ 550.00 4001 - 5000 Square Feet $ 575.00 5001 - 6000 Square Feet $ 600.00 6001 - 10,000Square Feet $ 700.00 10,001 Square Feet & above $ 825.00 2) Bakeries & Restaurants (No Alcohol Sales) 0 - 2000 Square Feet $ 50.00 2001 - 3000 Square Feet $ 75.00 3001 - 4000 Square Feet $ 100.00 4001 - 5000 Square Feet $ 125.00 5001 - 6000 Square Feet $ lSO.00 6001 - 10,000Square Feet $ 250.00 10,001Square Feet & above $ 375.00 3) Business/Retail, Manufacturing, Professional Services, & Sales 0 - 1000 Square Feet $ 50.00 1001 - 2000 Square Feet $ 100.00 2001 - 3000 Square Feet $ 150.00 3001 - 4000 Square Feet $ 200.00 4001 - 5000 Square Feet $ 250.00 5001 - 6000 Square Feet $ 300.00 ORDINANCE NO, 1536 (#16-2015) Page Five 6001 - 10,000 Square Feet $ 500.00 10,001 Square Feet & above $ 750.00 4) Contractor(s) and Specialty Trade(s) $ 100.00 5) Home Based Business(es) $ 100.00 6) Mobile Food Vendors (110Alcohol Sales) $ 50.00 7) Mobile Home Parks $ 50.00* *Plus $32.00 per acre in Park to a maximum of 25 acres 8) Motor Vehicles (including AWs, autos, boats, cars, motorcycles, mowers, RV's, & trucks) Detail Service Providers $ 100.00 Dealers - New $ 750.00 Dealers - Used $ 200.00 Gas Stations/Convenience Stores $ 500.00 Paint & Body Shop $ 65.00 Parts Supply (Retail & Wholesale) $ 100.00 Repair Shop $ 65.00 Repair / Tire Shop $ 165.00 Salvage $ 200.00 9) Transportation Services $ 100.00 10) Vending Machine Operators $ 50.00 SECTION ELEVEN: :IMC fj 5.04.1 10 (BUSINESS(ES), ENTTTY(IES), & INDIVIDUAL(S) NOT COVERED BY SCHEDULE) is hereby amended and modified to read as follows: Any other business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship not covered by the above listed sched~lle shall pay One Hundred Dollars ($100.00) annually for a Privilege Business License. SECTION TWELVE: :IMC fj 5.04.120 (COMMERCIAL HAULERS) is hereby created and modified to read as follows: Any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship licensed as a commercial hauler of garbage, refuse, trash, and/or waste operating and/or providing said services with the City limits shall be issued a Business Privilege License and assessed Seven Dollars ($7.00) per dumpster/collection unit per month located within the City. ORDINANCE NO. 1536 (#I 6-2015) Page Six Said assessments shall be paid through the City's Finance Department on or before the Fifteenth (15~~)day of each month for the number of dumpsters/collection units located within the City as of the First (lSt) day of the previous month, together with a Report Form as approved and provided by the Finance Department. Should the Report Form and payment not be received on or before the Fifteenth (15'~) day of the month, an Adniir~istrative Fee shall be assessed of no less than Ten Percent (1O0/o) against the License Holder. SECTION THIRTEEN: JMC j E 5.04.130 (FALSE INFORMAlION AND STATEMENTS) is hereby amended and modified to read as follows: It is unlawful for anyone to make and/or provide any false information and/or statements in application of or submission for a business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License or its reports provided to the City. SEOION FOURTEEN: JMC fj5.04.140 (SUSPENSION AND REVOCAnON OF BUSINESS PRIVILEGE LICENSE) is hereby created and modified to read the following: 1) If any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall act to operate his/her/its/their business in such a way as to create a fraudulent, unhealthy, unlawful, unreasonable, unsanitary, or unsafe circumstance(s) or condition(s), be delinquent in submission of any and all payment@) obligated under this Code or any other City, County, State, or Federal taxes or required fees, has had hislherlitsjtheir local, state, or federal license suspended or revoked, or has conducted its business operations so as to warrant such, the City can suspend and/or revoke said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship's Business Privilege License; 2) Should the City have reason to believe that grounds exist to justify the revocation or suspension of a Business Privilege License, a letter shall be mailed by First Class Mail through the U.S. Postal Service to the Business Mailing Address on file with the City of the affected License Holder. Said letter shall notify the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship of the grounds for revocation or suspension and the date and location of a Hearing ORDINANCE NO. 1536(#I 6-2015) Page Seven regarding said matter within Ten (10) business days. Said letter shall also be emailed if a c~~rrent email address for said License Holder has been provided to the City; 3) The Director of Administration shall conduct the Hearing, shall receive evidence and information from City employees or others about the grounds for revocation or suspension of the Business Privilege License, then shall allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship an opportunity to present evidence and information to rebut any allegations so as to support why the Business Privilege License should not be revoked or suspended; and, 4) After such a hearing, the Director of Administration shall, solely within his/her judgment, issue a written R~llingwithin Ten (10) Business days. I n said Ruling, the Director shall have the following options: (a) uphold the City's revocation or suspension of the license; (b) reinstate said Business Privilege License; (c) modify said suspension period for no more than Ninety (90) days; (d) place said Business Privilege License on probationary status for no more than Ninety (90) days to allow the business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship to remedy the violation(s); (e) direct that a citation be issued by the City's Code Enforcement Office for said violation(s); (f) issue a directive for Code Enforcement to issue a Cease & Desist Order for said Business License; (g) issue a directive to withhold any and all City services, including sanitation, wastewater, and water services, to the License Holder's business location(s); and/or, (i) issue a directive of any combination of the above so as to protect the citizens from any unethical, unscr~~pulous, unhealthy, unsafe, and/or unsanitary business practice(s) by the License Holder. 5) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship whose Business Privilege License has been revoked or suspended by the City disagree, the decision of the Director of Administration shall be appealed to the Pulaski County Circuit Court and/or a court of competent jurisdiction within 'Tttirty (30) days of the date of the Director of Administration's written ruling. ORDINANCE NO. 1536 (#16-2015) Page Eight SEffION FIFTEEN: JIYC 5 5-04.150 (ENFORCEMENT AND PENALTIES) is hereby created and modified to read as follows: It is hereby declared an offense for any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville to fail to and/or refuse to comply with any of the provisions of this Code. I f such occurs, Code Enforcement shall issue a citation to the License Holder and present such to the Jacksonville District Court for adjudication. Upon conviction of said offense, a License Holder shall be fined no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dollars ($500.00) for an offense, together with applicable Court Costs. Each day said License Holder is/was in violation of the terms of this Code shall constitute a separate offense. SECTION SIXTEEN: :IMC g 5.04.155 (PERIODS OF OPERATION) is hereby created and modified to read as follows: (a) Should any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville no longer remain open and/or conduct business for a period more than Forty-five (45) days and which has not received a Permit to do so from the City, any Privilege License ~ S S I Jto~ ~ said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship shall expire. Ifsuch a circumstance is created, said business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship will be required to obtain a new Privilege License and satisfy any and all other applicable Code provisions. (b) Exceptions to the provisions of Sub-section (a) above shall be granted for those business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship conducting such within the City of Jacksonville that are seasonal in nature. Examples are, but are not limited to, fresh produce sales, holiday events and sales, grounds maintenance services, and other event-based or seasonal-based business activities. SEmIONSEVENTEEN: JMC g 5.04.160 (CEASE & DESIST ORDERS) is hereby created and modified to read as follows: I n the event any business, corporation, entity, individual, institution, partnership, professional, and/or sole proprietorship fails to comply with the provisions of this Code and/or any other provision of local, state, or federal law, ORDINANCE NO. 1536 (#16-2015) Page Nine upon directive of the Mayor, Chief of Police, and/or the Director of Administration, Code Enforcement shall issue a Cease & Desist Order for said Business License and post such on the primary entrance to said business operation and forward one to the License Holder by U.S. Postal Service through the mailing address on file with the City and through a valid email address should one be provided to the City. From the point of posting said Order forward, should m t y p e of business activity take place at the business location upon which said Order is posted, Code Enforcement shall issue a citation to said License Holder for violation of this provision, with adjudication and punishment in accordance with :IMC f.j5.04.150. Every separate business transaction conducted after a Cease & Desist Order is posted shall constitute a separate offense. SECTION EIGHTEEN: I f any coi~rtof competent jurisdiction finds that any section, clause, sentence, or phrase of these Code provisions is invalid or unconstitutional, that finding in no way affects the validity of the remaining portions of this Code. SECTION NINETEEM Said Ordinance and the changes included herein shall be in full force and effect from and after its passage and approval as provided by and subject to applicable law. APPROVED AND ADOPTED THIS DA Y OF NOVEMBER, 2015. CTY OF JACKSONVILLE, ARK4 NSAS APPROVED AS TO FORM: SUSAN DA V m , CI7-Y CLERK ROBERT E. BAMBURG, CITY ATTORNEY