City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 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 August 15, 2019 at the regular meeting place of the City Council. Councilman Ray 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, Fire Chief Laughy, Parks and Recreation Director Kevin House, Human Resource Director Charlette Nelson, Planning Commission Chairman Jim Moore, Planning Commissioner Patrick Thomas, Finance Director Cheryl Erkel, Wastewater Utility Manager Thea Hughes, Sewer Commissioners John Ferrell and Bob Williams, Addie Gibson, Johnny Simpson, Police Captain Kim Lett, Police Captain Smiley, Lida Feller, Director of Downtown Planning and Development Bob Price, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of July 18, 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 Bolden that the minutes of the regularly scheduled City Council meeting of 20 June 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the Regular Monthly Report for July 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 July 2019 from the Jacksonville Fire Department, reflecting a fire loss of $58,500.00 and a savings total of $901,500.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for July 2019. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 18 Building Inspections 34 Business Licenses 0 Electrical 45 Plumbing 46 HVACR 22 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for July 2019. ADOPTION FEES/FINES $ 1,475.00 CONTRIBUTIONS 0.00 TOTALS $ 1,475.00 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: Firefighter and Paramedic Competition Presented by Chief Laughy Chief Laughy related that annually the Fire Department competes in the EMS Competition, announcing that Alex Halle and Cody Henley won 1st Place for the State. He then announced that Alex Halle, Cody Henley and Stephanie Heatwole competed in the Fire and EMS Competition and won 1st Place. He concluded saying that Paramedic Cody Henley also won Paramedic of the Year. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: DISCUSSION ADEQ Recycling Certificate Mayor Johnson related that two years prior to his taking office, the City was without renewing the ADEQ permit for the Recycling Center. He explained that the City was originally fined $500.00 each year plus $5,500.00 totaling $7,000.00. He went on to say that they were able to negotiate that down to $2,600.00. He noted that steps are being implemented to make sure that does not happen again. Mayor Johnson answered Councilman Collins that this because the City did not complete an administrative task and assured him that there is nothing wrong with the facility. Councilman Bolden moved, seconded by Councilman Sipes to authorize the fine payment of $2,600.00 to ADEQ. MOTION CARRIED. PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1610 (#17-2019) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE ARKANSAS (GENERAL LOCATION: 6350 T.P. WHITE DRIVE, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY AND, FOR OTHER PURPOSES. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. Mayor Johnson related that the rezoning comes as a recommendation from the Planning Commission regarding property on T.P. White to be developed as a microbrewery. Councilman Ray moved, seconded by Councilman Sansing to place Ordinance 1610 (#17-2019) on FIRST 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 1610. Councilman Ray moved, seconded by Councilman Bolden to approve Ordinance 1610 on FIRST READING and SUSPEND THE RULES to place Ordinance 1610 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Sansing to further SUSPEND THE RULES and place Ordinance 1610 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Bolden moved, seconded by Councilman Sansing that Ordinance 1610 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden that the EMERGENCY CLAUSE be approved and attached. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1610 (#17-2019) APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2019. b. ORDINANCE 1611 (#18-2019) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE ARKANSAS (GENERAL LOCATION: 1900 GENERAL SAMUELS ROAD, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY AND, FOR OTHER PURPOSES. Elizabeth Lopez, Executive Director of Christopher Homes of Arkansas, introduced Architect Darrell Odem with the Odem/Peckum Firm, and Maintenance Superintendent Steve Lopez. She related that Christopher Homes was incorporated in 1969, saying that their goal and mission is to develop housing for seniors. She stated that in 1984, Christopher Homes built their first 62-unit property in West Helena. Subsequently, in the following years, they have built 24 separate properties. She related that in 1992 HUD suspended the 202 Section 8 HUD assisted programs and began developing capital advance properties. She explained that the capital advance properties are solely an elderly property for ages 62 or older, adding that 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. they currently own and operate 7 such properties across Arkansas. She pointed out that the total 24 properties consist of 588 units that they service in Arkansas. She related that the Jacksonville property would be a replica of the Little Rock property. When fully staffed, Christopher Homes has 43 employees, the current offices are in Little Rock. She explained that the maintenance staff consist of 10 full time maintenance technicians and 3 labors, adding that the maintenance staff is overseen by a Maintenance Superintendent. She related that there is also a staff of 8 Service Coordinators, saying that the property in Jacksonville would have a Service Coordinator on staff. She related that Service Coordinators help seniors age in place, because it is more cost effective than being placed in skilled nursing facilities. She pointed out that the Service Coordinators work as a connector for the community to try and bring in services that help the residents age in place, such as Meals on Wheels and transportation needs, along with nursing care and housekeeping services. She then noted that the Jacksonville property will be designed to have a manager that lives on site. She noted that occupancy over all the properties is consistently at 95.8%, she added that currently they have approximately 80 people on their waiting list. She explained that they work with the Salvation Army, who has reported a greater influx of homeless senior women. She then noted that HUD has demonstrated such confidence in Christopher Homes that they have taken management on 4 properties that were failing and have made them successful. She offered a rendering of what the Jacksonville facility would look like when completed. She then answered that HUD has locked them into 20 units for Jacksonville because of the absorption rate of housing in the area. She then answered Councilman Traylor that qualifying age is 62 with a very low income. She demonstrated where the manager’s living quarters would be, adding that there would be a community building to be used for various activities. She explained that they would be making application to HUD for a grant, which will be rated in Washington, D.C. She added that the funding notifications will be released in November with construction to begin by January 2021, adding that construction would take approximately 10 months. Councilman Sipes questioned if the Jacksonville property would strictly be for Jacksonville seniors. Mrs. Lopez explained that it would be for anybody not just Jacksonville residents, she stated that they take applications and if eligible they are placed on the waiting list and they pull from the waiting list on a first come, first serve. She then explained that they would start advertising the property prior to getting the permission to occupy, once permission is obtained, the move in process starts immediately. She then clarified that Jacksonville would have its own waiting list once advertising begins. She clarified that the grant they are asking for is 2.3 million, noting that they were awarded 1.8 million to construct the Little Rock property in 2009. She explained that HUD has not had any money available for this program since 2013, but they will start to have funds available next year. She then explained that all the units are one-bedroom of 540 square foot and the maximum occupancy is two people. She then explained that a son or daughter 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. can only move in at initial occupancy, they cannot move in afterwards. She stated that they are very strict about the house rules and properties, saying that they enforce their leases so there is not a lot people coming in and living with grandma or grandpa. Mayor Johnson stated that Christopher Homes would not purchase the land until they get approval of the HUD funding. Councilman Ray moved, seconded by Councilman Bolden to place Ordinance 1611 (#18-2019) on FIRST 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 1611. Councilman Sansing moved, seconded by Councilman Bolden to approve Ordinance 1611 on FIRST READING and SUSPEND THE RULES to place Ordinance 1611 on SECOND READING. Discussion ensued regarding amending the Ordinance as a condition. Mrs. Lopez noted that the application will get 10 more points for a complete zoning. Mayor Johnson noted that the City Council would still have to review and approve any sale of property. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Smith to further SUSPEND THE RULES and place Ordinance 1611 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden that Ordinance 1611 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Sipes that the EMERGENCY CLAUSE be approved and attached. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1611 (#18-2019) APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2019. COMMITTEE(S): Fireworks: Councilman Collins stated that the Commission has concluded and an Ordinance would be forth coming at the next City Council meeting. Recycling: Mayor Johnson related that he will call a meeting as soon as he receives information he has requested from the Pulaski County Solid Waste District. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. GENERAL: a. ORDINANCE 1608 (#15-2019) AN ORDINANCE BY THE CITY OF JACKSONVILLE, ARKANSAS CALLING FOR THE SIMULTANEOUS DETACHMENT AND ANNEXATION OF LAND CURRENTLY LOCATED IN SHERWOOD, PULASKI COUNTY, ARKANSAS, PURSUANT TO ARKANSAS CODE ANNOTATED § 14-40-2101. Councilman Sansing moved, seconded by Councilman Bolden to place Ordinance 1608 (#15-2019) on FIRST 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 1608. Mayor Johnson noted that there would be a public hearing to entertain public comment, noting that another ordinance would following that process. Councilman Ray moved, seconded by Councilman Twitty to approve Ordinance 1608 on FIRST READING and SUSPEND THE RULES to place Ordinance 1608 on SECOND READING. In response to a question from Councilman Traylor, Mayor Johnson noted that Jacksonville would receive more acreage than it is giving up. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden to further SUSPEND THE RULES and place Ordinance 1608 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Sansing that Ordinance 1608 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1608 (#15-2019) APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2019. b. ORDINANCE 1609 (#16-2019) AN ORDINANCE TO ESTABLISH THE STANDARDS FOR A MASTER AGREEMENT FOR SMALL WIRELESS FACILITIES TO BE PLACED IN CITY RIGHTS-OF-WAY IN THE CITY OF JACKSONVILLE, ARKANSAS; FOR OTHER PURPOSES. Councilman Bolden moved, seconded by Councilman Sansing to place Ordinance 1609 (#16-2019) on FIRST 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 1609. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. Mayor Johnson explained that if the City does not adopt an Ordinance regarding small wireless facilities that are placed in City rights-of-way before September 1st, then the City will not have the right to regulate some aspects of the aesthetics. Discussion ensued regarding the possibility that small cells would not be required to pay a traditional franchise fee as with other utilities but would pay a rental fee. In conclusion, City Attorney Friedman stated that this Ordinance would basically reserve what little local authorization that belongs to the City, noting the strict regulations passed by the FCC. Councilman Bolden moved, seconded by Councilman Traylor to approve Ordinance 1609 on FIRST READING and SUSPEND THE RULES to place Ordinance 1609 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Bolden moved, seconded by Councilman Collins to further SUSPEND THE RULES and place Ordinance 1609 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) NAY. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden that Ordinance 1609 be APPROVED AND ADOPTED. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, Smith and Collins voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1609 (#16-2019) APPROVED AND ADOPTED THIS 15th DAY OF AUGUST 2019. c. RESOLUTION 784 (#7-2019) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS BY THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATION – 132 GALLOWAY); AND, FOR OTHER PURPOSES. Councilman Ray moved, seconded by Councilman Bolden to read Resolution 784 (#7-2019). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 784 (#7-2019). Councilman Ray moved, seconded by Councilman Bolden to approve Resolution 784 (#7-2019) in its entirety. Mayor Johnson explained that the City is proposing to purchase a vacant lot adjacent to Galloway Park. At this time, MOTION CARRIED. d. RESOLUTION 785 (#8-2019) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS BY THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATION – 1900 GENERAL SAMUELS); AND, FOR OTHER PURPOSES. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. Councilman Elliott moved, seconded by Councilman Bolden to read Resolution 785 (#8-2019). MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden to approve Resolution 785 (#8-2019) in its entirety. Mayor Johnson related that this is the property on General Samuels that will be purchased by Christopher Homes, noting that it is being sold for the same price that the land for Office Products was purchased. At this time, MOTION CARRIED. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: In response to a question from Mr. Johnnie Norton, Mayor Johnson offered an update regarding a new bus service for the City of Jacksonville. He stated that he met with Charles Frazer of Rockridge, explaining that he is negotiating a partnership for bus service. He explained that the City is going to host some public hearing meetings to ascertain the public’s needs regarding a City bus service. He stated that the current thought is that there will be three separate public meetings to be held in various locations within the City to address public needs. He stated that it is in the works and he has toured the City with Rockridge to identify places of interest for bus service. Mayor Johnson noted a recent article in the Leader Newspaper titled “Jacksonville is very beautiful”. He related that the article talks about the flowers and planters around Jacksonville, it recognizes that a lot of people put in great efforts to beautify Jacksonville. He expressed his appreciation for the positive article and thanked the author. Councilman Bolden noted that the local DAV is being nationally recognized, saying that the local DAV is exceptional in their efforts to take care of our Veterans. Mayor Johnson concurred, noting that he receives a monthly report from the DAV, citing that they put in approximately 1600 hours monthly, saying that they do a great job. He then announced that FestiVille will be September 27th. Planning Commission Chairman Jim Moore noted that the Planning Commission recognized the opening of an afterschool daycare center called Adam’s Clubhouse, which is quality care for special needs children. He stated that owner, Renee’ Green has chosen to open this business in the building next door to the Central Fire Station on Redmond Road. 8  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 15, 2019 6:00 P.M. – 6:45 P.M. As a School Board member, Jim Moore then announced that August 27th will be the scheduled open house for the newly constructed Jacksonville High School. Councilman Twitty related that this year the student school schedules were handed out early, adding that it was one of smoothest running events that she could recall. She went on to compliment the new High School, saying that this School is amazing and reminiscent of a college instead of a high school. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:45 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 9