City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 18, 2019 7:00 P.M. – 7:41 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 April 18, 2019 at the regular meeting place of the City Council. Councilman Bolden delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT (0). Others present for the meeting were: City Attorney Stephanie Friedman, Public Works Director Jim Oakley, IT Director Scott Roethlisberger, CDBG Director Theresa Watson, Director of Downtown Planning and Development Bob Price, Police Chief John Franklin, Parks & Recreation Director Kevin House, Human Resource Director Charlette Nelson, Finance Director Cheryl Erkel, Wastewater Manager Thea Hughes, Planning Commission Chairman Jim Moore, Lida Feller, Dejuana Sipes, Craig Friedman, James LaVigne, David Nations, John Farrell, Jonathan Sisk, Tim Mistric, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of March 21, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Traylor moved, seconded by Councilman Mashburn that the minutes of the regularly scheduled City Council meeting of 21 February 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Bolden to approve the Regular Monthly Report for March 2019. Code Enforcement for March 2019 Assigned Calls 124 Self-Initiated Calls 201 Follow ups 295 Structures Inspected 33 Meetings/Court Hearings 3 Rentals Inspected 9 Warnings Issued 89 Properties Red Tagged 0 Tickets Issued 1 Search Warrants Served 0 Notice/Letters written 109 Structures Rehabbed 2 Vehicles Tagged 7 Structures Condemned 0 Vehicles Towed 1 Houses Demolished by City 0 Lots posted 0 Houses Demolished by Owner 2 Signs removed 125 Parking Violations 130 Trash cans tagged 8 Grass Letters 6 Basketball Goals 5 Grass Mowed 0 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 18, 2019 7:00 P.M. – 7:41 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for March 2019 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for March 2019 from the Jacksonville Fire Department, reflecting a fire loss of $6,000.00 and a savings total of $739,000.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for March 2019. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 13 Building Inspections 23 Business Licenses 0 Electrical 21 Plumbing 28 HVACR 9 MOTION CARRIED. ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. SECOND READING ORDINANCE 1598 (#05-2019) AN ORDINANCE SETTING THE DATE, TIME, AND PLACE FOR THE REGULAR CITY COUNCIL MEETINGS FOR THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCE NUMBERS 132, 321, 532, 689, AND 944, SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE SECTION § 2.04.040; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Sansing moved, seconded by Councilman Bolden to place Ordinance 1598 (#05-2019) on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1598. Councilman Bolden moved, seconded by Councilman Sansing to have Ordinance 1598 back for THIRD and FINAL READING on the next regularly scheduled City Council meeting. ROLL CALL: Councilman Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. b. ORDINANCE 1601 (#08-2019) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 8.01.060 (DEFINITIONS) AND § 8.03.018 (NUISANCE ABATEMENT); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Smith to place Ordinance 1601 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Traylor, Twitty, Smith, and Collins voted AYE (10). NAY (0). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1601. Councilman Elliott related that he was not sure of the difference from what is currently in place, noting that the only change is that before you could park on either side of the driveway and with this ordinance it restricts parking beside the driveway to only one side of the drive, which would be hard for houses that have a 5’ side yard. Councilman Sansing stated that this was discussed in the subcommittee meeting and it would mean that parking would have to get close to the grass on the driveway side. He related that the committee’s consensus was to have a continuous green space from the driveway to the neighbor’s yard with nothing in the front yard. Councilman Elliott stated that this restriction would penalize a lot of residents. He noted that the current ordinance states “however, in all circumstances motor vehicles are prohibited from being parked on the lawn in front of any house or structure other than is authorized.” He stated the problems are the ones who did not follow the ordinance. Councilman Smith offered photographs to help clarify the situations that the ordinance is addressing. She noted that one resident has a boat parking in the front yard and Code Enforcement does not have the legal authority to ask him to move the boat. She noted that in some cases yard are used to where there is no green space, saying that we are trying to get the front yards back to having green space. Councilman Elliott stated that the boat was probably in violation of the current ordinance because it is not within 10’ of the driveway. Councilman Smith clarified that the proposed ordinance will be a lot more specific. Councilman Sansing stated that one of the big objectives of the proposed ordinance is not to force residents to pour any more concrete or incur any additional costs. He related that one thing the ordinance does allow is for parking in the streets during non-business hours after 5:00 p.m. and before 7:00 a.m. and weekends as long as it does not interfere with mail delivery. He added that they eliminated a couple of parking places on the house side of the driveway but added other parking places regarding the street and the other side of the driveway. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Councilman Smith noted that residents can still park a boat, RV, or trailer on concrete in the front but you cannot park it in the grass. Councilman Elliott stated that he agrees with that concept but believes that in some subdivisions where there is a single driveway and do not have room to park on the side of the driveway because of the 5’ side yard. He added that you cannot park a vehicle with on 5’ of space. Councilman Sansing stated that he does not have a problem with using the parking for automobiles as before but the goal of the committee was to create a continuous green space in front of the houses to help with the aesthetics of the neighborhoods. He stated that he does not have a problem with the current ordinance regarding the parking of vehicles but this ordinance is the consensus of the committee, adding that he actually came up with this idea to get vehicles out of the front yard. He referenced the photograph of the boat in the front yard, commenting that is the very specific reason that he put forth a compromise. Discussion ensued regarding issues for emergency vehicles and parking in the street. Councilman Sipes related that Code Enforcement attended the subcommittee meeting and felt that the provisions of the ordinance are enforceable. Councilman Elliott stated that enforcement maybe doable, but is it fair to the residents. He reiterated that there are homes that have a single drive and do not have enough space to park on the far side of the driveway. He stated that his recommendation would be to have it where they can park within 10’ but allow it on either side of the driveway so that if they do not have room they can use the other side of the driveway. He clarified that he is only addressing operating motor vehicles, not boats or RVs. Mayor Johnson noted that he hears vehicles are being parked on the streets again, recalling that parking on the street was prohibited for safety reasons. He stated that parking on the streets again may open a whole new set of concerns and problems. Councilman Sipes stated that he disagrees, saying how can you not allow a person to park on a public street. He stated that Jacksonville needs to be cleaned up and the streets should be allowed for legally parking. Discussion ensued regarding boats being parked in the middle of the front yard and how the current ordinance allows parking parallel to the driveway within 10’. The meaning of a street legal vehicle versus recreational vehicles. Councilman Collins noted the hazards for public safety equipment to use the streets in emergencies, asking if it would be feasible to have only one side of the street used for public parking. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. Councilman Ray stated that he felt the current ordinance is adequate to address these issues but it just needs to be enforced. Mayor Johnson answered Councilman Mashburn that the City is trying to hire an additional Code Enforcement office now. Councilman Traylor stated that if both side of the drive are used for parking then the vehicle has to be within 10’ of the drive and it has to be a licensed operable street motor vehicle that is used for daily business. Using one or the other side of the driveway only not both sides. It was noted that there needs to be clarification that the “within 10’” means the vehicle must not be outside 10’ of the driveway. Discussion ensued regarding the size of recreational vehicles that would be allowed to be parked at a residence and the possibility of allowing street parking during non-business hours. City Attorney Friedman noted issued regarding trash and garbage collection. Mr. Jim Moore addressed the City Council explaining that he is aware of only two home owner associations in Jacksonville, Stonewall and Collenwood. He stated that even during off business hours parking on the streets would be a problem for emergency vehicles. He then added that there is also a problem with construction vehicles and tractor trailer rigs being parked in subdivisions. He noted issues in Stonewall Subdivisions regarding large motor homes being parked and other vehicles being parked on the streets and blocking two-way traffic. He explained that he feels any permission to park on City streets will escalate into parking on both sides of the street especially during events. Councilman Smith noted that surrounding cities allow for parking on public streets, adding that she feels it can be accomplished successfully. It was noted that the current Ordinance was adopted in 2009. It was the consensus of the City Council to continue in subcommittee regarding the development of Ordinance 1601 with Councilman Elliott joining the subcommittee. d. PRESENTATION 2018 Keep America Beautiful President’s Circle Recognition Award Mr. Jim Moore related that Keep Jacksonville Beautiful has been going for approximately 7 years and at one time it stopped because of some lawsuits that happened in Little Rock and North Little Rock regarding advertising and publicity funds. He explained that it was place under the Public Works Department of the City, noting that Public Works Director Jim Oakley and his staff have done a super job at keeping the City looking good as far as the main streets. He then related that he is wanting to reestablish the Keep Jacksonville Beautiful again, noting how important this is to the City of Jacksonville. He explained that he was notified that Jacksonville would 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. receive the Keep American Beautiful President’s Circle Recognition Award for 2018. He credited Public Works Director Jim Oakley and his staff for the recognition and award. e. PRESENTATION Certificate of Achievement for Excellence in Financial Reporting for 2017 Finance Director Cheryl Erkel stated that when the City first received the award in 1997, the issued plaques for each year, explaining that now it is the same plaque with different years to be added. She stated that this is the 21 st consecutive year that the City of Jacksonville has received this award, adding that there are only 7 other cities in Arkansas that have received this award. She noted that she provided the news release at each Council member work station, which includes the list of 17 grading categories. She then noted that the City of Jacksonville has been judged as proficient in every single category. She stated that preparation work for the 2018 CAFR is ready to begin. In response to a question from Councilman Collins, Finance Director Cheryl Erkel responded that the City has approximately 37 days in the Reserves. She stated that may change following any Audit adjustments as well as the review of the 2019 budget. She then answered that the auditor is due in May. She then answered Councilman Sipes that the Fund Balance is over 2 million, explaining that amount is used to figure the number of days in Reserves. APPOINTMENTS: WASTEWATER COMMISSION Councilman Ray moved, seconded by Councilman Traylor to approve the reappointment of Terry Vick for a term to expire 4/20/2024. MOTION CARRIED. ANNOUNCEMENTS: Mayor Johnson announced that the Five Points Downtown Street Festival will be May 4th. Mayor Johnson noted that a handout of a recently passed Cabot Ordinance limiting Pit Bulls, saying that Jacksonville needs to consider breed specific legislation. Mr. David Nixon of 1216 Hill Street explained that after his street flooded some years ago, they started developing sink holes along his fence line. He stated he came to the City and was told that it was possibly an animal such as a badger. He related that he has never seen a badger since living in the City. He then related that his neighbor has a growing sink hole and now it is roughly 3’ wide and 6’ deep. He stated frustration that nothing is being fixed. He stated that when he called the Water Department it was passed off to the Street Department and then the Street Department passed it off to somebody else. He stated that he somehow needs this problem resolved. Another neighbor at 1212 Hill Street, stated that the City has come to his property several times over the last couple of years fixing holes. He stated that between the two houses there is an underground City pipe drain system. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2019 7:00 P.M. – 8:06 P.M. He stated that the City dug in and found out that the pipes together and the bands that join the pipes were never tightened and they were then covered up. He stated that the problem is that his house is on a concrete slab and it is visible that it is breaking in the ceiling and settling down. He stated that when it settled his shower glass doors shattered. He stated that his house is definitely settling in that direction. He related that the sink holes are enormous and then there are smaller sink holes throughout the yard. He stated that they came out and fixed it several times and it still kept happening. He stated that they finally went inside the pipe and it slowed the ones in the back but it is still happening. He then related that he has a sink hole very close to his house and growing. He stated that this needs attention quick. Mayor Johnson got the addressed and stated that the City would come and look at the situation. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:41 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 7