City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 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 July 18, 2019 at the regular meeting place of the City Council. Councilman 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, Mashburn, Traylor, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1) Councilman Ray was absent. 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 Franklin, Fire Chief Laughy, Human Resource Director Charlette Nelson, 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 20, 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 6 June 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Code Enforcement for June 2019 Assigned Calls 180 Self-Initiated Calls 313 Follow ups 411 Structures Inspected 42 Meetings/Court Hearings 5 Rentals Inspected 15 Warnings Issued 54 Properties Red Tagged 0 Tickets Issued 3 Search Warrants Served 0 Notice/Letters written 66 Structures Rehabbed 2 Vehicles Tagged 7 Structures Condemned 0 Vehicles Towed 3 Houses Demolished by City 0 Lots posted 0 Houses Demolished by Owner 0 Signs removed 125 Parking Violations 72 Trash cans tagged 4 Grass Letters 121 Basketball Goals 5 Grass Mowed 34 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Elliott moved, seconded by Councilman Bolden to approve the Regular Monthly Report for June 2019 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Elliott moved, seconded by Councilman Bolden to approve the regular monthly report for June 2019 from the Jacksonville Fire Department, reflecting a fire loss of $16,000.00 and a savings total of $187,500.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Elliott moved, seconded by Councilman Bolden to approve the regular monthly report for June 2019. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 7 Building Inspections 17 Business Licenses 0 Electrical 34 Plumbing 16 HVACR 0 REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Elliott moved, seconded by Councilman Bolden to approve the regular monthly report for June 2019. ADOPTION FEES/FINES $ 1,850.00 CONTRIBUTIONS 0.00 TOTALS $ 1,850.00 In response to a question from Councilman Collins, Chief Franklin deferred to Captain Smiley who related that the Police Department is in need of new vehicles. He went on to say that he met with Mayor Johnson, where it was discussed that retaining personnel is the larger priority but pointed out that a large portion of their fleet is over 100,000 miles. Chief Franklin concurred, saying that his vehicle is approaching 100,000 miles as well, adding that the air conditioning is not working well. He then answered Councilman Sipes that no new vehicles have been purchased in at least the last 14 months since he took the position as Police Chief. Captain Smiley clarified that this is the second year the Police Department has not had any new vehicles added to their fleet. Mayor Johnson stated that he is looking to the future in hopes of having funds to purchase new Police Department vehicles next year, at least four or five. Chief Franklin then answered Councilman Collins that recruiting is going well, they have sent out six letters of hire. He related that they are up to approximately 55 in personnel including the six recently hired. He added that they have about 15 more positions to fill. He went on to say that he has 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. been told that all of the positions may not be able to be filled this year, adding that realistically he does not think that was possible this year. He stated that another test will be given in September and he is hopeful to get another 8 to 10. Discussion ensued regarding the possibility of leasing police vehicles. Mayor Johnson concurred, but added that currently the City is not able to afford the lease payments. He stated that he is researching some other avenues and will share that with the City Council soon. MOTION CARRIED. ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Request to accept bid for the 2019 Asphalt Overlay Councilman Bolden moved, seconded by Councilman Sansing to accept the low bid from Roger’s Group, Inc. in the amount of $328,488.60 with funds to be drawn from the Street Fund. MOTION CARRIED. b. Request to accept bid for the Street Striping Councilman Elliott moved, seconded by Councilman Traylor to accept the low bid from A F & G, LLC. in the amount of $31,003.88 with funds to be drawn from the Street Fund. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): Rules and Regulations Code Regulations Taxi Regulations Committee reports were waived in lieu of Ordinance presentations. GENERAL: a. ORDINANCE 1601 (#08-2019) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§8.01 (DEFINITIONS) AND 8.03 (NUISANCE ABATEMENT); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Councilman Traylor moved, seconded by Councilman Bolden to place Ordinance 1601 (#08-2019) on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1601. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Councilman Sansing moved, seconded by Councilman Sipes to approve Ordinance 1601 on FIRST READING and SUSPEND THE RULES to place Ordinance 1601 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Traylor confirmed that the Ordinance will allow for motor homes to be parked in driveways, adding that he had a constituent asking if tractor/trailer rigs could be parked in the same manner. He went on to say that he has a hard time distinguishing between having a motor home that is 40-foot-long versus a tractor/trailer rig, as to why you can have one but not the other. City Attorney Friedman noted that City Code does not allow for tractor/trailer rigs in residential areas unless loading or unloading. Councilman Traylor stated that he could agree with the trailer part of a rig but wondered about the tractor itself. City Attorney Friedman concurred with Councilman Bolden that it prohibits commercial vehicles over 1 ton. She noted that the Code states “with or without the trailer or towing vehicle attached”. Discussion ensued regarding the distinction of a motor home and tractor regarding size and weight other than one is a commercial vehicle. Mayor Johnson offered that a committee could be formed to discuss details for residential areas and parking of various vehicles. Councilman Sansing moved, seconded by Councilman Twitty to further SUSPEND THE RULES and place Ordinance 1601 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Sansing moved, seconded by Councilman Bolden that Ordinance 1601 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. Councilman Sansing moved, seconded by Councilman Sipes that the EMERGENCY CLAUSE be approved and attached. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1601 (#08-2019) APPROVED AND ADOPTED THIS 18th DAY OF JULY 2019. b. ORDINANCE 1605 (#12-2019) AN ORDINANCE AMENDING JMC §5.20 (TAXIS AND VEHICLES FOR HIRE); AND, FOR OTHER PURPOSES. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Councilman Smith moved, seconded by Councilman Collins to place Ordinance 1605 (#12-2019) on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1605. Councilman Collins related that it became apparent that there was no longer a requirement for the traditional taxi garage and operation center, noting that most people do business from their cell phone, which handles a lot of the activities that were previously handled at a standard center. He explained that the committee was tasked to make operating a taxi service more economically feasible. Other minor updates were offered regarding license fees and adding a “for hire” license vehicle plate. He noted that they are still required to have a business license within the City of Jacksonville, while other city licensed taxis can only enter the City upon call. It was also noted that other city licensed taxi is reciprocal with the City of Jacksonville to the extent that they can transport fares out of the City or back into the City on a called basis. Councilman Traylor questioned if a taxi is considered a commercial vehicle. Councilman Collins stated that he believes it is a special category of a vehicle for hire. City Attorney Friedman stated that a commercial vehicle is specified by weight of 1 ton. Councilman Sansing moved, seconded by Councilman Bolden to approve Ordinance 1605 on FIRST READING and SUSPEND THE RULES to place Ordinance 1605 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Bolden moved, seconded by Councilman Sansing to further SUSPEND THE RULES and place Ordinance 1605 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Collins moved, seconded by Councilman Smith that Ordinance 1605 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1605 (#12-2019) APPROVED AND ADOPTED THIS 18th DAY OF JULY 2019. c. ORDINANCE 1606 (#13-2019) AN ORDINANCE AMENDING JMC § 2.04.020, AMENDING THE CUT-OFF TIME FOR A MATTER TO BE PRESENTED TO THE CITY CLERK FOR INCLUSION IN THE AGENDA OF THE NEXT CITY COUNCIL MEETING; AND, FOR OTHER PURPOSES. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Councilman Bolden moved, seconded by Councilman Sansing to place Ordinance 1606 (#13-2019 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1606. Councilman Traylor moved, seconded by Councilman Collins to approve Ordinance 1606 on FIRST READING and SUSPEND THE RULES to place Ordinance 1606 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Bolden moved, seconded by Councilman Sansing to further SUSPEND THE RULES and place Ordinance 1606 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Collins moved, seconded by Councilman Traylor that Ordinance 1606 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1606 (#13-2019) APPROVED AND ADOPTED THIS 18th DAY OF JULY 2019. d. ORDINANCE 1607 (#14-2019) AN ORDINANCE AMENDING JMC § 2.04.050, CHANGING THE ANNUAL JOINT PLANNING MEETING REQUIREMENTS; AND, FOR OTHER PURPOSES. Councilman Elliott moved, seconded by Councilman Mashburn to place Ordinance 1607 (#14-2019) on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith, and Collins voted AYE. (0) NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1607. Councilman Collins noted that there was a mandatory require for the City Council and Planning Commission to meet in February each year, explaining that it has not been done in several years so Ordinance 1607 removes the mandatory requirement to be one of a called basis. Councilman Sansing moved, seconded by Councilman Mashburn to approve Ordinance 1607 on FIRST READING and SUSPEND THE RULES to place Ordinance 1607 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Bolden moved, seconded by Councilman Elliott to further SUSPEND THE RULES and place Ordinance 1607 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Councilman Collins moved, seconded by Councilman Mashburn that Ordinance 1607 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1607 (#14-2019) APPROVED AND ADOPTED THIS 18th DAY OF JULY 2019. d. DISCUSSION: Curbside Recycling Mayor Johnson stated that a committee to discuss the curbside recycling program may be in order, explaining that the current program is not as widely used as hoped and it may be an endeavor that is increasing in costs for the City. He stated that use of the program and costs are something that needs to be reevaluated either by the City Council or through subcommittee. He then answered that currently the City offers a weekly curbside recycling that only 17% of the citizens take advantage of, adding that the trucks are getting old, so the question becomes do we want to reinvest in this program and try to make recycling better. He asked for committee volunteers. Councilman Mashburn, Sansing, Collins, and Twitty volunteered. Councilman Bolden noted that economics and participation would be the driving factors for the committee to considered. APPOINTMENTS: CIVIL SERVICE COMMISSION Councilman Twitty moved, seconded by Councilman Mashburn to approve the Reappointment of Jessie Lindsey for a term to expire 04/01/2025. MOTION CARRIED. JACKSONVILLE HOUSING AUTHORITY Councilman Mashburn moved, seconded by Councilman Sansing to approve the appointment of Logan Perry for a term to expire 03/17/2024. MOTION CARRIED. UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: Citizen comments: Mrs. Becky Thomas of West Valentine Road addressed the City Council regarding concerns dealing with a rental property that has had several Code violations for open storage in the front yard. She stated that Code Enforcement has addressed the issues and it is cleaned up for a short time before the front yard fills up again. She then related that this person has a truck and trailer without license, and has dogs that are a problem. She stated that he has now moved in a swimming pool on the side of his house with no fence, that is going to attract mosquitos, adding that he has had his gas and water cut off. Captain Smiley requested the address and stated that he would address the Code violations. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Mr. George Gage informed the City Council that he has a mobile home park at 515 South Road, saying that on the 17th of June he contracted someone to move the grass on the 18th, explaining that on the same day he got a letter from the City telling him he had seven days to get the property mowed. He went on to say that on the 20th he then got a letter saying that he owed $200.00 plus for mowing by the City. He related that he called Captain Smiley who told him he had before and after pictures. He further related that he got the pictures emailed, but the letter said he had seven days and they mowed the grass within 24 hours. He then related that the person he had contracted to mow the property charged him $65.00 for mowing. He stated that he did not feel the pictures showed the entire park, adding that according to the time, Code Enforcement spent 26 minutes on the property. He then clarified with Mayor Johnson that he received the letter from the City on the 19th and he had someone contracted to mow the property on the 19th. He then answered that the invoice date was on the 20th. He related that he isn’t sure if part of the property was not mowed by the City and then the guy he hired mowed the rest. Captain Smiley explained that the property was on the mow list from not having been mowed regularly in the past. He went on to explain that once on the mow list the crew will view those properties and if it over 8” it is put on the mow list to be mowed. He stated that he cannot speak to when Mr. Gage got the letter because the property was already on the mow list. He concurred with Public Works Director Jim Oakley, that once you are on the mow list you get one letter for the season and then you are on the mow list for the remainder of the season and the property is checked by Code. He stated that once it is considered a continual problem the mow crew will check the address regularly and if it is over 8” is mowed and billed. Councilman Sipes stated that this is where the owner is held responsible, noting that it isn’t possible to continually send out letters every time the grass needs to be mowed. Discussion ensued as to whether this was Mr. Gage’s first letter regarding the aforementioned property, Mayor Johnson offered that it can be researched. Captain Smiley explained that the first letter is an alert to the property owner that the Ordinance states grass over 8” will be mowed, explaining that it is redundant to continually send letters offering 7 days to mow grass. Councilman Bolden and Mashburn issued sentiments that since the Department had changed hands there may be something that could be mitigated with his bill. Councilman Sipes noted that Mr. Gage has been notified in the past regarding his mowing responsibilities. Mayor Johnson reiterated that we should research when the first letter for the season was sent to Mr. Gage. 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Discussion ensued as to the letter that offered Mr. Gage 7 days to have the grass mowed. Mr. Gage answered Councilman Bolden that he is not sure if this is the first letter or not. He related that he has owned the property since 1982 and he has been late before and was contacted by the Code Enforcement Department several times last year. Councilman Bolden requested that it be researched and if possible deduct the $65.00 he paid from the City’s bill. Mayor Johnson and Councilman Bolden concurred that would only happen if it is determined this is his first letter of the season. Mr. Gage stated that he has had vandalism in the trailer park and the Police were called but the Police did not talk to the kids that were suspected of doing the vandalism. He stated that they broke windows that were $110.00 each. Mayor Johnson informed Mr. Gage that the City would research and then try to determine if there are any remedies for his situation. In response to a question from Councilman Sipes regarding the meeting and discussion regarding the $1.00 fee for a berm at the Shooting Range, Parks and Recreation Director Kevin House stated that it was his recommendation to look at several options. He related that he has spoken with another sound company’s engineers who are working up a proposal regarding sound curtains. He explained that he is gathering the data. Councilman Sipes noted that either way, it will still have associated costs. He stated that they still need to look at charging the $1.00 fee. Mayor Johnson stated that they are looking at trying to get the money funded in other ways but they are still working on building a berm. Councilman Sipes emphasized that he has heard this over and over but it has not stopped the complaints he receives from concerned citizens. Mayor Johnson concurred, saying that they are trying to find immediate relief that is not going to cost the City any money. Councilman Sipes pointed out that it would not cost the City any money if a $1.00 fee were imposed. Mayor Johnson suggested that if it is not necessary now, let’s see what the options are and if that is the best option, we will go with that. Parks and Recreation Director Kevin House answered that if that is the only way to fund the project, he would support the fee implementation, but he would like to explore other options such as grants first. 9  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. Mayor Johnson stated that an immediate solution is more important and in the meantime the City will continue to work on having a berm. Parks and Recreation Director Kevin House then explained that the company he is working with has suggested doing more site studies. He went on to say that he has forwarded all data to the company and there is a possibility that a berm could increase the noise level further away, so he has suggested coming in with their engineers to determine the best option to mitigate the noise. He then answered that this is a different engineering firm than the one that came in 2014. Discussion ensued as to the possibility of someone shooting at the Range at 7:15 a.m. Parks and Recreation Director Kevin House assured the City Council that it was not anyone from the Range, and it was mentioned that it could have been hunters in the area. In response to a question from Councilman Smith, Mayor Johnson answered that everyone was either part-time salary and one full-time person, so there was no extra insurance costs. Parks and Recreation Director Kevin House offered to research other parts of her email questions. Mayor Johnson then noted that depreciation is approximately $1,200.00 weekly but that is not a cash item, explaining that he thought the question was regarding how much cash was brought in and how much cash was spent. Parks and Recreation Director Kevin House then offered to research the costs of utilities. Jacksonville Historical Society Annual Banquet Councilman Mashburn reminded everyone that the Annual Citizen of the Year Award Banquet will be held July 25th starting at 6:00 p.m. Mrs. Becky Thomas of West Valentine Road further addressed the City Council regarding speeding on West Valentine, saying they need speed bumps or Police Officer presence. She then issued a compliant regarding the trailer park that is in the area, saying that the grass is overgrown and the grass is only mowed a little and it is ugly. Mayor Johnson asked that she give the address to Captain Smiley so the Code Enforcement Department can investigate the issue. 10  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2019 7:00 P.M. – 7:59 P.M. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:59 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 11