City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:43 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 20, 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, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8) ABSENT (2). 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, Human Resource Director Charlette Nelson, Finance Director Cheryl Erkel, Planning Commissioner Patrick Thomas, Dejuana Sipes, Larry and DeDe Hibbs, Addie Gibson, Mark and Valarie Perry, Water Manager Jake Short, Gerald Clark, Johnny Simpson, Jeff Twitty, Kim Lett, Lida Feller, Rolanda Robinson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of June 6, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Sansing moved, seconded by Councilman Sipes that the minutes of the regularly scheduled City Council meeting of 2 May 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Traylor moved, seconded by Councilman Collins to approve the Regular Monthly Report for May 2019 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Traylor moved, seconded by Councilman Collins to approve the regular monthly report for May 2019 from the Jacksonville Fire Department, reflecting a fire loss of $10,000.00 and a savings total of $860,000.00. REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Traylor moved, seconded by Councilman Collins to approve the regular monthly report for May 2019. ADOPTION FEES/FINES $ 2,265.00 CONTRIBUTIONS 0.00 TOTALS $ 2,265.00 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. In response to a question from Councilman Collins, Chief Laughy stated that he feels the maintenance costs regarding the Fire Department’s fleet of vehicles should be down this year because they just received their second ambulance a few months ago. He noted that they have two fairly new engines that are only 2.5 years old. He related that they have a total of 18 vehicles in their fleet. He then related that he has received a 2019 Chevy Tahoe as his Fire Chief vehicle, adding that it should take about a week to get the lights, sirens, and reflective striping put on the vehicle. He explained that he had a budget of approximately $20,000.00, adding that his intent was to obtain a good used vehicle. He stated it proved more difficult than thought, saying that he could not find one. He went on to say that Parks and Recreation Director Kevin House graciously gave up his vehicle budget to add to his vehicle budget, so that he could purchase a vehicle. He went on to say that this means Parks & Recreation Director House will need a vehicle next year. He stated that he appreciates Kevin House for doing that. He stated that the vehicle is typically about $43,000.00 M.S.R.P. and the State Contract was $34,501.00, adding that with the lights, siren, and reflective striping; the total costs will be approximately $40,717.00. He then responded that the expected service life for this vehicle is approximately 12 to 15 years. In response to a question from Councilman Twitty, Public Works Director Jim Oakley stated that the car lot in question was cited again this week with multiple citations regarding the setbacks. He related that a meeting is being scheduled with the owner prior to Court to offer an overview of all the complaints and violations. He stated that it must be corrected or the City will have to consider pulling their business license. City Attorney Friedman stated that the next step after the meeting will be the revocation of their business license and whether it is temporary or permanent will be the decision of the City Council. It was noted that there have been over 37 violations and citations in the last four months. Public Works Director Jim Oakley then addressed the complaints regarding the car lot having test drives on the residential street with speeding. He stated that he was forwarded that information from the Police Chief, saying that there had been significant speeding in a 25 mph zone. He went on to say that some of the speeds were as high as 50 to 55 mph. He stated that the radar has since been moved from Hill Street over to North Jeff Davis and that report should come back tomorrow. Councilman Twitty requested that the residents, Mr. and Mrs. Nations address the City Council regarding any improvements. Mr. Hill stated that it has been better but only when the radar is set up. He related that they observed vehicles slowing down once they spotted the radar. He stated that they will now try and observe if that will last. He agreed that he would report back to the City Council if the speeding continues with the radar having been moved. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. MOTION CARRIED. ROLL CALL: Councilmen: Elliott, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: RESOLUTION 781 (#04-2019 A RESOLUTION CONFIRMING IMPLEMENTATION OF A PASS THROUGH CHARGE UNDER JMC 13.16.016 RESULTING FROM ACT 788 TO ALL JACKSONVILLE WATERWORKS RATEPAYERS AS OF JULY 1, 2019; AND, FOR OTHER PURPOSES. Manager Jake Short stated that as a public water system operating within the State of Arkansas, they are bound to adhere to certain State and Federal rules and regulations as it pertains to the governance of the public water supply. He explained that the regulatory agency that is tasked with ensuring that they are compliant is the Arkansas Department of Health. In order for them to fully implement and maintain their State-wide monitoring program, they have a mandate that every public water system pays an annual service fee. He related that since 2012, that service fee has been set at $0.30 per active meter per month. He stated that during this past legislative session, Act 788; which was signed into law, raises the fee to $0.40 per active meter per month. He stated that they have 9,880 active connections, so a $0.10 increase will effectively impact their monthly obligation by $988.00 and the annual obligation by $11,852.00. He stated that the Water Commission has elected to pass this fee increase through to the rate payer effective July 1, 2019. Councilman Collins moved, seconded by Councilman Mashburn to read Resolution 781 (#04-2019). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 781 (#04-2019). Councilman Traylor moved, seconded by Councilman Twitty to approve Resolution 781 (#04-2019) in its entirety. MOTION CARRIED. WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Jaxon Terrace PH 12 Councilman Elliott moved, seconded by Councilman Sipes to approve the final plat of Jaxon Terrace PH 12 as presented. MOTION CARRIED. COMMITTEE(S): Rules and Regulations Councilman Collins stated that there would be two amendment ordinances being forwarded from this committee. He related that there could be additional requirements based on FOIA. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. Code Regulations Councilman Smith related that the committee met July 17th and an ordinance will be forthcoming for the second meeting in July. Taxi Regulations Councilman Collins related that in order to operate a taxi service or taxi the person must be at least 21 years of age. He asked that the committee meet at 5:00 p.m. Tuesday, June 25th. He extended an invitation to City Attorney Friedman and a representative from Code Enforcement. GENERAL: a. RESOLUTION 782 (#05-2019) A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE PUBLIC WORKS TO UTILIZE FEDERAL AND TRANSPORTATION ALTERNATIVES PROGRAM FUNDS; AND, FOR OTHER PURPOSES. Councilman Traylor moved, seconded by Councilman Collins to read Resolution 782 (#05-2019). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 782 (#05-2019). Public Works Director Jim Oakley concurred with Mayor Johnson that the project is regarding General Samuels Road sidewalk. He related that this would be phase II, explaining that phase I is being let for bid. He pointed out that project goes from Crooked Creek Subdivision on General Samuels to the new Bobby Lester Elementary School. He noted that this would be an 80/20 matching grant if awarded to the City of Jacksonville, it would be approximately $300,000.00. Councilman Elliott moved, seconded by Councilman Twitty to approve Resolution 782 (#05-2019) in its entirety. MOTION CARRIED. b. RESOLUTION 783 (#06-2019) A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE PUBLIC WORKS TO UTILIZE FEDERAL AND TRANSPORTATION ALTERNATIVES PROGRAM FUNDS; AND, FOR OTHER PURPOSES. Councilman Collins moved, seconded by Councilman Twitty to read Resolution 783 (#06-2019). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 783 (#06-2019) Public Works Director Jim Oakley stated that phase I will be let out for bid soon, adding that it goes from Park Street down to Stanphill Road. He explained that in phase II, they are proposing to go from Park all the way to Hwy. 161. He related that the State Highway Department is requiring curb and gutter and a buffer, which ran up costs. He stated while there may be a few overruns, but there are funds in the Street Fund to pay for the 20% match. He added that the project would be around $400,000.00. Councilman Elliott moved, seconded by Councilman Sipes to approve Resolution 783 (#06-2019) in its entirety. MOTION CARRIED. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. c. RESOLUTION 784 (#07-2019) A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF JACKSONVILLE AND SHERWOOD REGARDING THE SIMULTANEOUS DETACHMENT AND ANNEXATION OF CERTAIN LANDS; AND, FOR OTHER PURPOSES. Councilman Sipes moved, seconded by Commission Twitty to read Resolution 784 (#07-2019). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 784 (#07-2019) Mayor Johnson related that Greg Heslep wants to develop his land on property that is currently adjacent to Jacksonville but is in Sherwood, adding that it would also include land that is directly across the street. He stated that this would make all the land along that side of General Samuels in the Jacksonville City limits. He noted that in exchange the City of Sherwood would receive land behind Tara Mount and additionally they are giving the City of Jacksonville 40 acres behind Northlake that will increase the Northlake Subdivision. He noted that there will be a provision that the water tower will not ever have to pay rent for its location. He then answered that because we have an interlocal agreement, their citizens will be able to purchase water at the standard City rate. He stated that this would square-up the boundaries to make it easier for patrolling, trash, and maintenance. He also answered Councilman Traylor that regarding improvements in anticipation of the agreement is to help developers have their plans submitted to and approved by the Jacksonville Planning Commission. Councilman Traylor pointed out that if someone is approved for water then the negotiations fail, the City of Jacksonville would have to go ahead and provide water. Mayor Johnson stated that currently they would have to apply for outside the City water permit, such as the circumstance with the Church. Then once they are inside the City they would change to an inside the City water user. He stated that this could go quickly if all the land owners agree and several other things that have to be approved before we have a final decision. It was noted and City Attorney Friedman confirmed that it would be brought back to the City Council before the final agreement is signed. Mayor Johnson noted that there would have to be an ordinance accepting the interlocal agreement. He added that the Resolution allow him to proceed with negotiations. Councilman Sansing moved, seconded by Councilman Mashburn to approve Resolution 784 (#07-2019). MOTION CARRIED. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. APPOINTMENTS: PLANNING COMMISSION Councilman Twitty moved, seconded by Councilman Mashburn to approve the appointment of Billy Hall to fill the unexpired term of Jeff Elmore for a term to expire 01/01/2022. MOTION CARRIED. Councilman Twitty moved, seconded by Councilman Sansing to approve the appointment of Councilman Sipes to serve on the Planning Commission for a term to expire 01/01/2020. MOTION CARRIED. A&P COMMISSION Councilman Collins moved, seconded by Councilman Traylor to approve the appointment of Roger Sundermeier for a term to expire 03/31/2023. MOTION CARRIED. It was noted that the proposed appointment of Jon Sisk to the Jacksonville Housing Authority was being pulled as a recommendation. UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: SPECIAL PRESENTATION Mayor Johnson presented Representative Mark Perry the Arkansas League Distinguished Legislator Award. He explained that in order to receive such an award a Representative must be instrumental with legislation that helps and benefits municipalities. Representative Mark Perry addressed the City Council. He stated that it is his honor to serve for the City of Jacksonville. He related that it helps to have an active community, noting that several times he saw Manager Jake Short at the legislature. He went on to say that it helps to have a Mayor who served as a State Representative. Mayor Johnson announced that City offices will be closed and the Regularly Scheduled City Council meeting is cancelled on July 4th in observance of Independence Day. He prompted everyone to attend the Big Bang on the Range that will be held the evening of July 4th. He then announced that the 3rd Annual Citizen of the Year Award Banquet hosted by the Jacksonville Historical District will be held July 25th at the Jacksonville Community Center, doors open at 6:00 p.m. Tickets are $25.00 and can be purchased at Jacksonville Florist, Shelter Insurance Gene Bowman, as well as from Council Member Barbara Mashburn, or any other member of the Historical Society. Awards will be Citizen of the Year, Business of the Year, Veteran of the Year, Teacher of the Year, Policeman of the Year, and Fireman of the Year. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. Mr. Brian Blevins offered a proposal to help the City’s Farmers’ Market with the social media aspect. He added that he would like to help the City create a plan to bring people to the Farmers’ Market. He related he contacted the Arkansas Farmers’ Market Association, of which Jacksonville is not a member. He related that the membership is $25.00 annually. He stated that a good targeted marketing campaign for a two-month time period would costs an average of $200.00. He stated that if given the opportunity he would like to do a lot of targeted advertising, adding that he has a very detailed plan. Councilman Twitty offered her appreciation for his desire to help, suggesting that he work with Parks and Recreation Director Kevin House and his staff to coordinate efforts to rejuvenate the Farmers’ Market. Mayor Johnson stated that he would suggest that the meeting take place in his conference room, adding that he would like to help facilitate the meeting and a directional plan. Mr. Blevins stated that he would volunteer for free, saying that this is a specialty for him. He stated that he has acted diligently, and has done all the research, contacting 28 farmers, as well as, all the people that create farmers’ markets in the State. He then stated that he contacted Kevin House and Megan at Parks and Recreation and they laughed because they found the idea of the status of the Farmers’ Market laughable, as well as, the continuation of the people that were helping them from the Chamber of Commerce. He emphasized that they laughed, which is why he is before the City Council. Councilman Twitty noted that while neither of those individuals are present, the Mayor has offered to help facilitate a collaboration. Mr. Blevins stated that he did not want it discounted that he did not already try to work with Kevin and his staff. Councilman Sansing stated that he would like to be included in the plans for the Farmers’ Market. Mayor Johnson concurred with Councilman Twitty that it needs to be a teamwork effort, adding that is what he would like to see heading forward. Mr. Blevins stated that in all the years that the Farmers’ Market has been around, the Facebook page for the Farmers’ Market was just created one month ago. He then stated that when you go to look at the City’s website for the Farmers’ Market, what you find is the hours of opening and a recipe from 2014 for squash bread. Mayor Johnson thanked Mr. Blevins for his willingness to help, adding that he feels it is important for the City to have a successful Farmers’ Market. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2019 7:00 P.M. – 7:40 P.M. Mr. Blevins stated that he only wants what is best for Jacksonville and anytime he has spoken before the City Council he always offers suggestions and not just to complain. Mayor Johnson and the City Council joined in thanking Mr. Blevins for his input. Ms. Penny Fogle with the Jacksonville DAV addressed the City Council, saying that she is not sure if this is an issue for the City Council or not. She related that they are looking for space because they have outgrown their facilities. She stated that they are requesting the City help them find accommodations for either low rent or no rent other than what is in back of the City built facilities. Mayor Johnson stated that he is proud of the organization and the job they offer the community. He related that every month they send him a list, noting that they serve 1200 people or more. He related that he has been in discussions with Public Works Director Jim Oakley regarding a better facility for the DAV, noting that a lot of their clients are handicapped, as well as, some of the volunteers who have issues. He stated that he has been working on this issue. The City Council joined in with Mayor Johnson in thanking her for her service to our Country. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:40 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 8