City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 7:42 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 6, 2019 at the regular meeting place of the City Council. Councilman Sipes 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, Police Chief John Franklin, Fire Chief Laughy, Parks & Recreation Director Kevin House, Human Resource Director Charlette Nelson, Johnny Simpson, Kim Lett, Lida Feller, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of May 2, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Bolden moved, seconded by Councilman Traylor that the minutes of the regularly scheduled City Council meeting of 18 April 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Smith to approve the Regular Monthly Report for April/May 2019. Code Enforcement for April 2019 Assigned Calls 184 Self-Initiated Calls 369 Follow ups 295 Structures Inspected 19 Meetings/Court Hearings 6 Rentals Inspected 17 Warnings Issued 91 Properties Red Tagged 1 Tickets Issued 4 Search Warrants Served 0 Notice/Letters written 195 Structures Rehabbed 2 Vehicles Tagged 14 Structures Condemned 0 Vehicles Towed 1 Houses Demolished by City 0 Lots posted 37 Houses Demolished by Owner 3 Signs removed 134 Parking Violations 125 Trash cans tagged 57 Grass Letters 81 Basketball Goals 4 Grass Mowed 1 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Code Enforcement for May 2019 Assigned Calls 218 Self-Initiated Calls 485 Follow ups 344 Structures Inspected 26 Meetings/Court Hearings 2 Rentals Inspected 23 Warnings Issued 168 Properties Red Tagged 1 Tickets Issued 2 Search Warrants Served 0 Notice/Letters written 52 Structures Rehabbed 1 Vehicles Tagged 7 Structures Condemned 0 Vehicles Towed 2 Houses Demolished by City 0 Lots posted 19 Houses Demolished by Owner 1 Signs removed 142 Parking Violations 106 Trash cans tagged 18 Grass Letters 203 Basketball Goals 6 Grass Mowed 47 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Ray moved, seconded by Councilman Smith to approve the regular monthly report for April 2019 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Ray moved, seconded by Councilman Smith to approve the regular monthly report for April 2019 from the Jacksonville Fire Department, reflecting a fire loss of $15,000.00 and a savings total of $900,000.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Smith to approve the regular monthly report for April/May 2019. APRIL PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 24 Building Inspections 36 Business Licenses 0 Electrical 46 Plumbing 40 HVACR 24 MAY PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 21 Building Inspections 28 Business Licenses 0 Electrical 21 Plumbing 33 HVACR 13 REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Ray moved, seconded by Councilman Smith to approve the regular monthly report for April 2019. ADOPTION FEES/FINES $ 3,635.00 CONTRIBUTIONS 0.00 TOTALS $ 3,635.00 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. MOTION CARRIED. ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Discussion ensued regarding the recent flooding of the Arkansas River and the fact that the Corp. of Engineers wants to leave the Bayou Meto a natural flood basin. It was pointed out that Jacksonville has been fortunate to be far enough away that we have not experienced any flooding. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Graham Woods PH III Public Works Director Jim Oakley noted that all approvals from Water, Wastewater and Planning Commission have been received for the final plat. Councilman Elliott moved, seconded by Councilman Sansing to approve the final plat of Graham Woods PH III as presented. MOTION CARRIED. COMMITTEE(S): Rules and Regulations Councilman Collins recommended that Ordinance 1323 be amended to change the February Annual Joint meeting from being mandatory to optional. Councilman Collins moved, seconded by Councilman Smith to have an ordinance prepared to reflect the recommended amendment. MOTION CARRIED. Councilman Collins recommended that the deadline to submit agenda items be changed from Monday 5:00 p.m. before the Thursday City Council meeting to Friday at noon before the Tuesday publication of the agenda. It was noted that this would require an amendment to the Ordinance. Councilman Collins moved, seconded by Councilman Smith to have an ordinance prepared to reflect the recommended amendment. MOTION CARRIED. He recommended that public comment be made possible providing a signup sheet at the front table and a PowerPoint illustrating the instructions for citizens to be able to address the City Council at the end of the meeting. Comments would be limited to five minutes unless they are approved to continue. He noted that this would not require an ordinance. Councilman Collins moved, seconded by Councilman Traylor to implement a signup sheet for citizens to address the City Council. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Discussion ensued regarding limiting the number of citizens heard at each City Council meeting. It was the general consensus of the City Council that each citizen offers a brief description of their item of business to bring before the City Council and that to begin the City Council would allow up to three citizens to speak. It was the general consensus to suspend the motion and have the aforementioned recommendations implemented. He recommended that UNFINISHED BUSINESS be removed from the agenda and keep the listing for COMMITTEE(S) as permanent until removed by Committee Chairman. Dealing with opportunities to speak was discussed and Mayor Johnson offered that we may need to further discuss this in a committee meeting. He recommended that the City Council continue to meet twice monthly and cancellation of any meetings be made public Friday at noon prior to the cancelled meeting. It was noted that there are two vice mayors that could hold the meeting in the absence of the Mayor. It was also recommended that items from Council Members not be removed from the agenda unless removed by the same Council Member. Code Regulations Committee is still in progress. GENERAL: a. ORDINANCE 1603 (#10-2019) AN ORDINANCE AMENDING JMC § 6.04.045 LIFTING THE BAN OF THE BULL TERRIER BREED OF DOG, COMMONLY REFERRED TO AS PIT BULLS; AND, FOR OTHER PURPOSES. Councilman Bolden offered the Ordinance for discussion. Hedy Cass, Animal Control Supervisor, stated that the present ordinance is similar to the one recently adopted by the City of Cabot. She noted that in review of Ordinance 1603, she has further recommendations for amendment. She explained that rather than lifting the Ban she would like to see it amended to require registration of Pit Bulls and the other banned breeds. Any animal not registered would have to be removed from the City limits. She explained that she would recommend that the animals also have to have their rabies shot and be sterilized, and an annual $150.00 permit to keep the animal in the City, adding that they would also need to be microchipped along with two photos of the dog taken at the Animal Control Shelter. She also recommended that the resident be required to put a window sticker to the front of their residence identifying that they have a potentially dangerous breed dog. She then noted that these dogs would be confined under the current dangerous dog laws, explaining that this would mean the dogs being kept outside would have to be in a pen of at least 5’ X 10’ with a roof and concrete floor. She then added the pen would also have to be pad locked. She then explained that if the dog is off the property with the owner, they have to be walked on a leash and muzzled, adding that no resident would be allowed to have more than two dogs of this category. She stated that the resident would also have to carry home insurance liability of $300,000; providing their insurance proof to the 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Animal Control Department. She stated that only under these provisions would residents be allowed to keep a banned breed. She then stated that they would like to also be allowed to adopt out the animals with the same rules and regulations. She then answered that the animals that come into the City have to be sterilized. In response to a question from City Attorney Friedman, Supervisor Cass answered that she is proposing to remove the appeal process requiring DNA testing. City Attorney Friedman stated that if there is no due process it will seem arbitrary. Councilman Bolden recommended that the provision for DNA testing should remain as part of the appeal process. Supervisor Cass related that DNA has been done on a case by case basis, explaining that the Pit Bull is generally a mixed breed. Mayor Johnson related that he researched the homeowner/renter insurance requirement of $300,000; explaining that the cost is approximately $13.00 annually. He noted that it would be a challenge to get only this type of coverage without having a renter or homeowner’s policy. Discussion ensued as to the reasoning for amending the Pit Bull ban. Councilman Sipes stated that while he loves animals, he is well aware that it is not the breed as much as it is the owners. He went on to say that he has seen an individual that was mauled by a Pit Bull, adding that it is difficult for him as the representative of his Ward, regarding the concerns that have been related to him, to support the amendment. City Attorney Friedman offered that in her research she discovered that currently Pit Bull ban revisions seems to be a Nationwide trend. She noted that there are now 22 States that have passed legislation that prevents municipalities from banning breeds. She then noted that Arkansas is not currently one of those but it does seem to be the trend. She added that several of the larger central Arkansas cities are moving toward lifting the ban. Councilman Bolden related that in his research he learned that Cabot had just lifted their ban, adding that he talked with friends in other States and found out they are also removing the bans. He stated that he understands it is not the animal, as much as it is negligent owners. He noted that if the amended standards are not met then the animal will be confiscated, becoming the property of the City. Councilman Sansing acknowledged that any breed can be made vicious, adding that the problem with Bull Dog breed is the strength of their jaws compared to many other dogs, making it a much more dangerous animal if it turns vicious. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Councilman Bolden stated that he has had positive comments as well, adding that he feels it is only fair to present it to the citizens and offer them an opportunity to provide their input. Mayor Johnson noted that his son, who is a disabled Veteran, has a trained service dog that is a Pit Bull. He stated the dog is very well behaved and does a good job. Councilman Sansing stated that he feels the amendments are worthy but we have to remember it is not just the owners, we must protect the public as well. He noted that the requirement of a 5’ X 10’ cage with a concrete bottom and muzzling are recommendations would go a long way toward reassuring the public that we are being fair but cautious regarding safety concerns. In response to a question from Councilman Sipes regarding staffing, Supervisor Cass noted that when the ban began in 2007, there were several bad dogs and the bite cases were as much as 37 annually. She related that at that time she did agree with the ban being put in place, adding that she feels the bite cases can be prevented if someone is there to take care of the child or dog. She went on to say that most bite cases were involved with kids, questioning “where is the parent”. She stated that she feels her staff is prepared to deal with these situations in the past as well as currently. Discussion ensued regarding there being illegal Pit Bulls in the City currently and the ability to handle additional animals if the ban is amended. In response to a question from Councilman Bolden, Supervisor Cass answered that currently any Pit Bulls at the Shelter go to a rescue or are adopted out to other shelters outside the City. Councilman Twitty questioned if there are Pit Bull owners in the City now and it is against the law, how can we be sure they will abide by the new amendments to keep Pit Bulls. Supervisor Cass stated that with the regulations they could respond. She stated that the responsible owners will comply. Councilman Twitty pointed out that Animal Control might not be aware of owners not complying until a person is bitten. Supervisor Cass stated that it is the same with regular breeds, citing that they get calls about Rottweilers or Shepherds who jump the fence and neighbors are afraid to go outside. Mr. David Nation questioned when is the backyard made public as far as having to keep a dog in a confined space. Mayor Johnson clarified that the backyard is not considered public property. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Mr. Nation reiterated as to why then a Pit Bull would have to be kept in a 5’ X 10’ closed spaced. Councilman Traylor explained that it is more about making sure the dog doesn’t escape the backyard. He related that he owns a 90 lb. Mastiff that never gets out of his backyard. Councilman Sipes stated that this would be a law that any owner would have to maintain the dog while it is outside even though it is private property. Mr. Jim Moore addressed the City Council, relating that he was once an Inspector for Commercial and Residential property, adding that there are approximately 26 or more dog breeds that are on the Insurance Underwriters List that will not insure a house if they have that particular breed and if they find out you have that breed you have to get rid of the dog or you lose your insurance. He related his experience with dangerous dogs during his time as an Insurance Inspector. Councilman Bolden stated that he wanted the public to have an opportunity for comment, noting that if at a later date the State does mandate a change, the citizens will have had public input. b. ORDINANCE 1604 (#11-2019) AN ORDINANCE AMENDING JMC § 15.04.010 AND PROVIDING MODIFICATION OF THE FLOOD DAMAGE PREVENTION PROGRAM OF THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Traylor moved, seconded by Councilman Twitty to place Ordinance 1604 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1604. Public Works Director Jim Oakley informed the City Council that the FEMA maps were updated and it is a requirement to update the City Ordinance. He stated that the maps are used to regulate flood insurance ratings. City Attorney Friedman stated it is in order for Jacksonville to be continued in the eligibility for the National Flood Insurance Program. Councilman Bolden moved, seconded by Councilman Elliott to approve Ordinance 1604 on FIRST READING and SUSPEND THE RULES to place Ordinance 1604 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden to further SUSPEND THE RULES and place Ordinance 1604 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Councilman Ray moved, seconded by Councilman Sipes to APPROVE AND ADOPT Ordinance 1604. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Sansing that the EMERGENCY CLAUSE be attached and approved. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1604 (#11-2019) APPROVED AND ADOPTED THIS 6th DAY OF JUNE, 2019. c. ORDINANCE 1605 (#12-2019) AN ORDINANCE AMENDING JMC § 5.20 (TAXIS AND VEHICLES FOR HIRE); AND, FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Mashburn to place Ordinance 1605 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1605. Councilman Traylor questioned section five and its meaning regarding a taxi from another city. Discussion ensued and it was the consensus to have section five reworded to clarify businesses located within Jacksonville versus outside of Jacksonville in Committee. Councilman Traylor moved, seconded by Collins to table Ordinance 1605 pending further evaluation in Committee. MOTION CARRIED. d. Request to Approve CDBG 2019 Annual Action Plan Director Theresa Watson was complimented regarding the present of the 2019 plan for CDBG. Councilman Ray moved, seconded by Councilman Mashburn to accept the CDBG 2019 Annual Action Plan as presented. MOTION CARRIED. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: Mayor Johnson announced that the next Regularly Scheduled City Council meeting would be on July 4th asking if the City Council wishes to cancel due to the Independence Day Holiday. Councilman Elliott moved, seconded by Councilman Collins to cancel the July 4th Regularly Scheduled City Council meeting. MOTION CARRIED. 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Councilman Mashburn announced that the Jacksonville Historical District is hosting the Annual Citizens of the Year Award Banquet on July 25th at the Jacksonville Community Center. Tickets are on sale for $25.00 each. She noted that applications for nominations is on their Facebook page. Comments from the Audience: Ms. Lindsey Nations of Hill Street related that she has spoken to the City regarding the car lot at the end of her Street. She related that she was informed the car lot owner was in Court on Tuesday and was fined $1,000.00, which she does not feel is an adequate amount for a car lot. She explained that she has an 11-year old daughter, a 5-year old Autistic son and a new born who is 5 weeks old. She related that cars from the car lot are drag racing down Hill Street at 75 to 85 mph and the speed limit is 25 mph. She stated that while she has talked to Council Members and Mayor Johnson, she does not feel that anything is being done. She stated that she wants to know if there is a plan or what her next step should be. She further related that she has tried to speak with personnel from the car lot and has found them to be rude and disrespectful. She then pointed out that because there are too many cars for that size lot, the cars are parked in the right-of-way and when traffic is going from Hill Street to the access road, there is no visibility regarding an oncoming vehicle. She stated that this is a very dangerous situation. City Attorney Friedman explained that they were fined $100.00 per violation, which was strictly for the public nuisance of parking in the easement. She added that she is not aware of anyone from the car lot being cited for speeding. She then related that she was able to convince the Judge to raise the fine from $25.00 per violation to $100.00 and she warned the defendant that the next time it would be more egregious and she would fight for higher penalties regarding the public nuisance violations. She related discussion with Council Members to modify the ordinance and limit the number of citation a business can have before their license is revoked, explaining that currently no limit has been set. Mayor Johnson assured Ms. Nations that the City is currently working on the legalities of the situation. Ms. Nations offered that the only reason they have not been cited for speeding is because they have not been caught. Discussion ensued as to it being unfeasible for an officer to sit and wait for speeders. Councilman Twitty noted that there are black skid marks on Hill Street. Mr. Nations offered that if a child is hit, it will be too late to do something then, adding that he just feels as if they are being pushed off to the side. Several issues were discussed regarding ongoing issues with loading and unloading of vehicles and the number of vehicles on the lot. 9  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2019 7:00 P.M. – 8:06 P.M. Councilman Bolden stated support for adopting an ordinance that would regulate according to square footage how many vehicles are allowable on car lots. It was the general consensus of the entire City Council to work through laws to try and solve the situations. Councilman Elliott noted that one-day last week they had Jeff Davis Avenue completely blocked trying to unload vehicles. Mayor Johnson noted that he has had visibility issues trying to move from Hill Street onto John Harden Drive because of the cars being parked in the right-of-way. Planning Commission Chairman Jim Moore offered, in regard to taxis, that when the RV and boat storage facility was going to operate its business from out of town, the Planning Commission required him to have some kind address in town other than a post office box, even if he had to rent space from another business. Mayor Johnson related that the City is not trying to stop out of town cabs from providing service inside the City. Councilman Collins noted that City of Jacksonville does recognize cab companies that are from out of town, explaining that the cab companies based out of Jacksonville should have rules and regulations to be primary on fares. He cited that vouchers are provided for lower income residents to hire local cabs and utilize the senior bus. He stated that out of town companies are not regulated. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 8:06 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 10