City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2018 7:00 P.M. – 7:18 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 February 1, 2018 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. Councilman McCleary was absent. PRESENT NINE (9) ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Fire Chief Alan Laughy, City Engineer Jay Whisker, Professional Administrative Consultant Geoffrey Herweg, IT Director Scott Rothlisberger, Parks and Recreation Director Kevin House, CDBG Director Theresa Watson, Director of Public Works Jim Oakley, Dr. Robert Price, Jeannie Herweg, Lida Feller, Rick Kron, Tim Southerland, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the special City Council meeting of December 28, 2017 and the regular City Council meeting of January 18, 2018 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Ray moved, seconded by Councilman Sansing that the minutes of the regular City Council meeting of 21 December 2017 and Special City Council meeting of 26 December 2017 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: THIRD AND FINAL READING ORDINANCE 1580 (#02-2018) AN ORDINANCE CREATING JMC § 9.20 (ALCOHOL SALES BY THE DRINK) AND JMC § 18.23.050(f) (PERMISSIBLE USES – MIXED USE ZONE); AMENDING JMC § 3.04.010 (PERMIT FEE REQUIREMENT), JMC § 18.44.020 (PERMITTED USES – C-2), JMC § 18.48.020 (PERMITTED USES – C-3), JMC § 18.52.020 (PERMITTED USES – C-4), JMC § 18.54.020 (PERMITTED USES – C-5), AND JMC § 18.56.020 (PERMITTED USES – M - 1); PROVIDING CERTAIN PROVISIONS AND REQUIREMENTS THEREOF FOR ALCOHOL SALES BY THE DRINK; AND, FOR OTHER PURPOSES. 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2018 7:00 P.M. – 7:18 P.M. Councilman Ray moved, seconded by Councilman Bolden to place Ordinance 1580 on THIRD AND FINAL READING. Discussion ensued regarding the proposed amendment changing the 60% to 70% for gross restaurant revenues produced by sales of onsite prepared foods. Councilman Collins noted that 70% was the quoted amount when the proposal was advertised to the public. Councilman Collins moved, seconded by Traylor that the last sentence of Section One be changed from 60% to 70% ad advertised. ROLL CALL: Councilman Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. In response to a question from Councilman Traylor, City Attorney Bamburg stated that the only change will be instead of having a private license and having to satisfy a few extra requirements for private clubs, the public license will be treated in the same manner, and there is no differentiation between tax level or hours of operations. He affirmed that the 10% on gross receipts of alcohol is no different than what is being collected as a private club. He then noted that any restaurant operating as a private license and wishing to change would come back before the City Council because of the new processes that ABC has in place. ROLL CALL to place Ordinance 1580 on THIRD and FINAL READING as AMENDED: Councilman Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1580. Councilman Ray moved, seconded by Councilman Sansing that Ordinance 1580 be APPROVED AND ADOPTED. ROLL CALL: Councilmen Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1580 (#02-2018) APPROVED AND ADOPTED THIS 1st DAY OF FEBRUARY, 2018. DEVIATION IN AGENDA: Councilman Ray moved, seconded by Councilman Sansing to suspend the rules and place Mr. Tim Southerland regarding 300 North Hospital on the agenda. MOTION CARRIED. Mr. Tim Southerland of 300 North Hospital explained that in early August he became ill and was down for a few weeks. He related that he was not able to mow his grass at 300 North Hospital, during that time the City mowed the yard. He stated that he did not get a notification, adding that no notification was ever left on the door. He related that it is his understanding that they leave a notice on the door and if there is no response, then they sent a letter. He reiterated that he neither had a notice on the door nor received a letter. He went on to say that he does not doubt that the letter was sent, but explained that he does not receive letter at the mail box. He related that all his mail goes to a P.O. Box and has for 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 1, 2018 7:00 P.M. – 7:18 P.M. at least the last five years. He then said that after the City mowed his yard he received an invoice. He related that the invoice was dated August 18th and he received it around the 22nd or 23rd. He called and talked to Code Enforcement and was told he needed to talk to the secretary but she was gone. He then related that a couple of days later he talked to the secretary when she returned. He was then told that he needed to speak with Tracy Keck, who told him that it is possible he did not get the notice on the door but he should have, adding that a letter was sent to the physical address. He explained that the reason they use a P.O. Box is because most of the mail they get at the physical address is mail that belongs to 300 South Hospital, which is an apartment complex. He related that Mr. Keck told him that since he did not have any prior offenses, he would waive it. He added that Mr. Keck told him that he did not have to come in and sign anything that he would just take care of it. He noted that this happened around the 23rd or 24th of August. He then related that he got a certified letter that was a duplicate invoice as before, explaining that he then called Code Enforcement and found out that no one is there anymore, and it was all new people. He stated that he found out that Mr. Keck left within a week of speaking to him and the secretary within the same time. He stated that Code Enforcement filed a lien on the property for the $200.00 mowing charges. He reiterated that he never received a notice and was under the impression that it was taken care of, so he thought the invoice was just sent in error. He then related that after that he went and spoke to Code Enforcement and they told him that there was nothing they could do. He related that he then spoke with Mayor Fletcher and he was told that he needed to go to his Councilmen, which he did. He stated that the bottom line is that it was going to be taken care of and then personnel changed and basically it did not get followed through on. He added that the new secretary did find a notation in the computer that he mail should go to a P.O. Box, adding that when he received the last letter in November it did come to the P.O. Box. He stated that he does not feel that it is right that he is responsible for the $200.00 bill when it was supposed to be taken care of. Councilman Sansing stated that given the circumstances his recommendation would be to remove the lien. City Attorney Bamburg stated that in Mr. Southerland’s statements he did acknowledge receipt of the initial invoice, as well as the certified mail notice of the public hearing we had in November. He related that the City Council passed an ordinance that included this property with a lien, adding that in order for that to be removed the City Council would have to pass an ordinance to remove the lien. Mr. Southerland stated that when he received the second invoice, there was a note that he could come before the City Council, explaining that it was mailed on the 9th and the Post Office put in the box and noted it was the 15th and he got it on the 17th, which was actually after the City Council meeting. He added that he did not pay much attention to that notice because he thought the matter had already been taken care of. 3 Councilman Sansing moved, seconded by Councilman Twitty to direct City Attorney Bamburg to draft an ordinance to remove the lien regarding property addressed as 300 North Hospital. Discussion ensued and Councilman Collins confirmed that the forwarding order for the physical addressed had expired. Mr. Southerland stated that because of the mail mix-up with the apartment complex that had not only put in a forwarding mail order but had also contacted all parties they correspond with to have their P.O. Box listed as their proper mailing address. He added that he is not aware of how it could have been changed for public record. City Attorney Bamburg stated that by law, Code Enforcement has to go by the address that is on file with the County for the property. ROLL CALL: Councilmen Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. APPOINTMENTS: ANNOUNCMENTS: 2018 Community Development Block Grant Public Hearings February 5th 6:00 p.m. Community Center February 8th 1:00 p.m. Worley’s Place February 12th 1:30 p.m. Jacksonville Towers February 26th 6:00 p.m. Community Center Councilman Twitty announced that the Father Daughter Banquet will be held February 17th at the Community Center from 5:00 to 8:00 p.m. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:18 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 4