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10 JAN 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 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 January 7, 2010 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Twitty was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jim Durham, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director Kristen Griggs, Assistant Finance Director Cheryl Erkel, Public Works Director Jim Oakley, City Engineer Jay Whisker, CDBG Director Theresa Watson, Systems Analyst Barbara Daniel, Mrs. Nola Ferrell, Mrs. Helen Stroud, Mrs. Addie Gibson, Mr. Jim Moore, Mr. Mike Wilson, Mr. Larry Smith, Mr. Leroy Akridge, Mr. Tom Baughman, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of December 17, 2009 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Smith that the minutes of the Regular City Council Meeting of 3 December 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for December 2009. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 13 Building Inspections 44 Business License 6 Electrical 65 Plumbing 48 HVACR 34 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 12 Property Mowed 0 Towed 1 Trash Letters 44 CONDEMNATIONS Trash Removal 7 Structural Maint. Letter 0 Property Maint. Letters 76 Structural repairs made 0 Cost $1,071.80 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 P.M. CITATIONS WARRANTS Debris & open storage 2 Arrest 0 Property maintenance 1 Search 3 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Animal Control Report for December 2009. Said report reflects: ADOPTION/FINES: $2,285.00 CONTRIBUTIONS: $ 100.00 TOTAL: $2,385.00 Alderman Stroud complimented the Animal Control Department on the annual decrease in Pit Bull bites since 2005 from 30 bites to 1 bite in 2009. He expressed his appreciation to the Animal Control Department for their efforts. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Ferrell, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1396 (#1-10) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 8.03.013 AND 8.03.019 SO AS TO PROVIDE FOR PARKING ON PUBLIC STREETS AND RIGHTS OF WAY UNDER CERTAIN CONDITIONS; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Howard to place Ordinance 1396 on FIRST READING. City Attorney Bamburg related that Ordinance 1396 modifies two sections of the nuisance and abatement ordinance, explaining that it addresses the need of parking vehicles on street rights-of-way. He clarified that the amendments provide greater discretion to the Code and Law Enforcement Officers in the need to address if vehicles are regularly parked on the street right-of-way. He then mentioned that occasionally there are easement rights-of-way that are blocked by vehicular parking. He stated that this amendment would not apply to visitor parking unless the vehicle is obstructing traffic. Alderman Ray questioned if it would be feasible to create a new mailer in the water bill to let residents know that visitor parking, such as at Christmas, would not be outside the scope of the Ordinance. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 P.M. Mayor Fletcher noted the expense of creating another mailer, noting that it would be more feasible if the news media would help disseminate the message. He stated that any citizens with questions are encouraged to call his office, explaining that he and his staff are working with residents to find solutions. Discussion ensued as to notification to residents. Mayor Fletcher stated that the amendments are proposed to offer clarification. He then mentioned that the basketball regulation applies to playing in the street. City Attorney Bamburg further clarified that the regulation has been in place for many years. Alderman Sansing read from the Ordinance, “exemptions shall be granted in circumstances for persons utilizing the street for temporary purpose”. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1396. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1396 on FIRST READING and suspend the rules and place Ordinance 1396 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1379. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1396 on SECOND READING and suspend the rules and place Ordinance 1396 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1396. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1396 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBER 1396 THIS 7th DAY OF JANUARY 2010. b. Request to Accept bid regarding Safe Routes to School (SRTS) Public Works Director Jim Oakley recommended the low bidder of ETI Services, Inc. in the amount of $81,049.13. Alderman Elliott moved to accept the low bid of $81,049.13 from ETI Services. Public Works Director Jim Oakley clarified that the project location is on Harris Road beginning at General Samuels going to Tolleson Elementary and then to the football field at North Pulaski High School. He noted 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 P.M. that this would complete the sidewalk from the back gate through to General Samuels. He related that funds would be drawn from the Street Fund, adding that those funds would be reimbursed through the State Highway Department. He then answered that the City does not have former experience with the Company, but added that he has checked references. He related that the Company has completed to satisfaction several large projects for the Arkansas Parks and Tourism Department. Alderman McCleary seconded the motion. MOTION CARRIED. c. Request to accept bid for the Farmer’s Market City Engineer Jay Whisker noted that the architect has screened all bidders. He then noted that the lowest bidder Tru-Star Properties has requested to be released from their bid of $127,490.00, explaining that Tru-Star had forgotten to include some of the soffit material for the roof. He noted that the next lowest bidder was Key Construction in the amount of $142,000.00, stating that the contractor is projecting that it would take approximately 180 calendar days to have the project completed. He then related that the architects are recommending Samco Construction, the third lowest bidder in the amount of $145,500.00. He explained that there is a difference of $3,500.00 between the second and third bid, but Samco is offering to have the project completed in 90 days. He noted that it would essentially be half the time proposed by Key Construction and would allow the project to be completed in time for the next market season this spring. Alderman Elliott moved, seconded by Alderman Smith to release Tru-Star Properties from their bid, reject the second lowest bid from Key Construction and to award the bid to Samco Construction in the amount of $145,500.00. MOTION CARRIED. It was noted that the project would be funded from funds already received from the Governor several years ago. d. Discussion to establish a landlord ordinance Alderman Stroud related that the City had received compliments from a resident of Sunnyside regarding accomplishments achieved from the nuisance and abatement ordinance. He stated that while the Ordinance was controversial, it passed and is working well for the City. He stated that establishing a landlord ordinance is one more piece of the puzzle. He asked that Kevin Smith and Mike Wilson from the Landlord’s Association come forward to be answer questions. He then related that the ordinance would require landlords to register all properties rented or leased within the City of Jacksonville. He stated that he believes such an ordinance would improve the quality of housing. Alderman Smith asked for concurrence that the Landlord’s Association is in full support. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 P.M. Kevin Smith explained that the idea has been informally discussed and a need was recognized, but the Landlord’s Association, as a whole, has not reviewed the material being presented. He added that there are a few points that they have questions about. He stated that they can see the need for the police to have a way to find out who lives in a house and a way to be able to contact the owner. He stated that is what they had in mind, adding that they would like the City Council to consider those needs. Alderman Stroud noted that originally it was thought that it would require two ordinances. He explained that he forwarded the material in one ordinance proposal, which is why Mr. Smith is unfamiliar with the material presented tonight. Mike Wilson stated that the Landlord’s Association will have its first meeting of the year next week and the particulars would be discussed. He noted that the material being presented was pulled from other cities across the United States that are having the same types of problems as Jacksonville. He stated that it basically addresses issues involving crimes and maintenance, offering quality across the board in terms of landlords. He noted that the ordinance addressed the various situations involving local and long distance landlords. He then noted the requirement that all properties would require a written lease and the screening of tenants. He stated that he feels the proposal is common in most cities. He related that consideration would have to be given as to what would be best for the City of Jacksonville regarding its goal with the nuisance and abatement ordinance. He added that if there is a level playing field for all landlords it will increase maintenance and property values. He reiterated that the Landlord’s Association has not had an opportunity to discuss this yet, adding that he is unaware of what the Association would agree to. He then answered that the next meeting will be next Thursday, 4:00 p.m. at the Library. Alderman Smith requested that following the meeting, the Association return to the City Council with recommendations. Discussion ensued and Alderman Stroud noted that the City of Little Rock has been working on a similar ordinance for some time but has not come forth with one yet. Mike Wilson noted that there is a group that the Landlord’s Association deals with that performs screening. He stated that the Landlord’s Association recommends this procedure to its members. He then added that he feels it offers a tool to law enforcement. Mayor Fletcher offered that better policing performed by the Landlord’s Association coupled with the proper tools from the City would be a more ideal situation. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 P.M. Mike Wilson stated that this proposal would make all landlords equally accountable for their own properties. Alderman Sansing pointed out that during the last census it was determined that Jacksonville is approximately 50% rental. Mike Wilson stated that in looking at other cities, Jacksonville is not that much higher. He pointed out that if conditions improve it allows him and other property owners to have greater property values. Alderman Ferrell stated that it is commendable the Landlord’s Association is taking the initiative to be self-regulating. In response to a question from Alderman Smith, Kevin Smith related that there are approximately 31 members in the Landlord’s Association representing 1,500 units. He then noted that membership has steadily been increasing on a monthly basis. It was noted that the City has Municipal League meetings conflicting with the Landlord Association’s meeting. Attendance was encouraged. Jim Moore, President of the Stonewall Property Owner’s Association, stated that there are approximately 47 houses in Stonewall that are rental with outside the State owners. He related that these homes are being managed by local real estate companies. Alderman Stroud acknowledged that one of the problems is rentals with owners living outside the State. He related that it has been difficult to identify the owners for notification, adding that the proposed ordinance would address that issue. He stated that the ordinance would require that out of State owners have a contact person within 15 miles of the City and has the property registered with Code Enforcement. APPOINTMENT(S): BOARD OF ADJUSTMENT Alderman Smith moved, seconded by Alderman Stroud to approve the appointment of Leroy Akridge to fill the un-expired term of Mark Perry with term to expire 2/5/2011 and Joe Cummings to serve a term expiring 2/5/2013. MOTION CARRIED. PLANNING COMMISSION Alderman Elliott moved, seconded by Alderman Smith to approve the reappointments of Chad Young and Alderman Bill Howard for terms to expire 1/1/2013 and the appointment of Eric McCleary to serve a term expiring 1/1/2013. MOTION CARRIED with Alderman McCleary abstaining. PARKS AND RECREATION Alderman Smith moved, seconded by Alderman McCleary to approve the appointment of Mike Traylor to fill the un-expired term of Bobby Altom with term to expire 5/9/2011. MOTION CARRIED. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 7, 2010 7:00 P.M. – 7:33 P.M. ANNOUNCEMENT(S): Mayor Fletcher noted that the City Council was provided the approved 2010 budget including the Capital Improvement Plan, saying that it would be a helpful tool throughout the year. Mr. Tom Baughman called attention to what he felt was an under looked item for revenue consideration, that being tourist in Jacksonville. He stated that there are attractions that could bring in tourists, recalling that at a former City Council meeting Reed’s Bridge was not funded as requested and he felt the group should have been encouraged to come back. He stated that the City Council should take into consideration the different tourist attractions offered. Alderman Ray stated that the A&P Commission addressed the Reed’s Bridge request for funding, relating that they were included in the 2010 budget that was approved last week. He stated that they were offered funds to continue operations. Alderman Smith then noted that over the years, the City Council has given Reed’s Bridge a substantial amount of money. EFFORTS DURING FLOODING Alderman Ray complimented the Police Department for its efforts during the heavy rains and sub sequential flooding on Valentine Road. He related that several motorists drove off the road and had to be rescued, adding that other families had to be rescued from their houses. He stated that the Police Department did a good job regarding mutual aid. Mayor Fletcher stated that the emergency service divisions along with the Street Department were out when most were home enjoying Christmas with family. He commended their hard work and dedication to provide safety and rescue. He stated that Fire, Police, and the Street Department go above and beyond to provide for Jacksonville’s citizens. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:33 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 7