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17 AUG 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 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 17, 2017 at the regular meeting place of the City Council. City Councilman Ray delivered the invocation. City Councilman Sansing led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Councilman: Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins answered ROLL CALL. Vice Mayor Bolden also answered ROLL CALL declaring a quorum. Mayor Fletcher was absent, along with Councilmen Mashburn and Twitty. PRESENT EIGHT (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Director of Administration Jim Durham, Fire Chief Alan Laughy, Director of Engineering Jay Whisker, Professional Administrative Consultant Geoffrey Herweg, IT Director Scott Rothlisberger, Human Resource Director Jill Ross, Parks and Recreation Director Kevin House, CDBG Director Theresa Watson, Director of Public Works Jim Oakley, 911 Director Tabby Hughes, Planning Commission Chairman Jim Moore, Ms. Cynthia Bolden, Dr. Robert Price, Johnny Simpson, Rick Kron, Jeannie Herweg, Lida Feller, Keith Weber, Mike McCreight, State Representative Bob Johnson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Vice Mayor Bolden presented the minutes of the regular City Council meeting of July 20, 2017 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Ray moved, seconded by Councilman McCleary that the minutes of the regular City Council meeting of 6 July 2017 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Councilman Ray moved, seconded by Councilman McCleary to approve the Regular Monthly Report for July 2017 regarding annual crime statistical comparisons. Code Enforcement for July 2017 Assigned Calls 119 Self-Initiated Calls 552 Follow ups 531 Basketball Goals 6 Meetings/Court Hearings 7 Structures Inspected 0 Warnings Issued 111 Rental Properties Inspected 2 Notices/Letters Written 89 Properties Red Tagged 0 Vehicles Tagged 5 Search Warrants Served 0 Vehicles Towed 0 Structures Rehabbed 0 Lots posted 22 Structures Condemned 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. Signs removed 80 Houses Demolished by City 0 Trash cans tagged 10 Houses Demolished by Owner 0 Parking Violations 47 Tickets Issued 0 Grass Letters 109 Grass Mowed 95 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Councilman Ray moved, seconded by Councilman McCleary to approve the regular monthly report for July 2017 from the Jacksonville Fire Department, reflecting a fire loss of $5,300.00 and a savings total of $644,700.00. REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman McCleary to approve the regular monthly report for July 2017. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 14 Building Inspections 35 Business Licenses 13 Electrical 32 Plumbing 33 HVACR 18 REGULAR MONTH REPORT/ANIMAL CONTROL Councilman Ray moved, seconded by Councilman McCleary to approve the regular monthly report for July 2017. ADOPTION FEES/FINES $1,825.00 CONTRIBUTIONS 0.00 TOTALS $1,825.00 ROLL CALL: Councilmen: Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Base Meadows PH V-A City Engineer Whisker related that this phase of Base Meadows consists of 16 lots and completes the loop of two streets regarding Aviator Drive. He stated that this will almost complete the Subdivision of Base Meadows, noting that the line on the east side is adjacent to Little Rock Air Force Base. He then answered that the lots are zone R-0/R-1. In response to a question from Councilman Collins, City Engineer Whisker related that the setbacks are 30’ for the front and 25’ rear. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. Councilman Traylor moved, seconded by Councilman Elliott to approve the final plat of Base Meadows PH V-A. MOTION CARRIED. GENERAL: a. RESOLUTION 756 (#10-2017) A RESOLUTION CONFIRMING APPOINTMENTS TO THE CITY OF JACKSONVILLE, HEALTH CARE (DEVELOPMENTALLY DISABLED) FACILITIES BOARD; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Councilman Ray moved, seconded by Councilman McCleary to read Resolution 757 (#10-2017). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 757 (#10-2017). Councilman Ray moved, seconded by Councilman McCleary to adopt Resolution 757 (310-2017) in its entirety. City Attorney Bamburg explained that the Health Care Facilities Board has been existence for a number of years, but it is primarily set up and only used by one the local programs that do work with and for the developmentally disabled. He stated that the terms for members who had been named to the Board in the immediate past had expired; this Resolution will appoint new members and set up new terms. He believes that Pathfinders’ is doing some refinancing and it will need to go through the Board. At this time, MOTION CARRIED. b. ORDINANCE 1566 (#02-2017) AN ORDINANCE REQUESTING THE PULASKI COUNTY ELECTION COMMISSION IDENTIFY THE BOUNDARIES AND LEGAL DESCRIPTION OF THE NOW DEFUNCT VOTING DISTRICT FORMERLY KNOWN AS THE GRAY TOWNSHIP THAT INCLUDES A SUBSTANTIAL PORTION OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Attorney Bamburg related that Ordinance 1566 is the first step in following the required steps regarding our legislation to allow the liquor by the drink vote. He stated that the City has to request that the Election Commission define and outline the boundaries regarding the commonly referred to “Old Gray Township”. He noted that it also includes the time periods when votes were taken in 1954, 1956, and 1982. He stated that all three have been named and the Election Commission has been asked to define those boundaries. He stated that once it is completed, the matter will come back to the City Council in order to address the call for an election. He then noted that Jacksonville is coordinating its efforts to work with Sherwood who is also calling for the same election in order to share some of the costs. Councilman Ray moved, seconded by Councilman Sansing that Ordinance 1566 be placed on FIRST READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1566. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. Councilman Ray moved, seconded by Councilman McCleary to APPROVE Ordinance 1566 on FIRST READING and suspend the rules and place Ordinance 1566 on SECOND READING. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1566. Councilman Ray moved, seconded by Alderman Councilman Sansing to further suspend the rules and place Ordinance 1566 on THIRD and FINAL READING. Councilman Collins moved, seconded by Councilman Smith to amend Section One to include the 614 voting district, which would go up to the Pulaski County line. In response to a question from Councilman Traylor, City Attorney Bamburg stated that District 614 is optional, explaining that 614 only involves a small portion of Jacksonville and a portion that if annexed might be in Jacksonville. He stated that because it is not an area that would have been affected, the option is up to the City Council as to whether it is included or not. He related that when it was presented to him to draft the ordinance, it was not to be included but there has been some discussion about a change regarding the possibility. He stated that 614 includes a large area west and north of Jacksonville running along the back side of Little Rock Air Force Base. City Engineer Whisker stated that the area that touches the City is the area just past Harvey’s along John Harden Drive, including A&R Mobile Home Supply. City Attorney Bamburg then explained that not only would the small portion in Jacksonville be included in the vote but any part of 614 District in the “Old Gray Township” would be allowed to vote. He then clarified that a part of that is in the City limits but the bulk of it is not. City Engineer Whisker stated that most of it is not, saying that the part that is in the City limits is along John Harden starting at Harvey’s and going north to A&R Mobile Home Supply. He then answered Councilman Traylor that this area is not currently wet. Director of Administration Durham noted that Dr. Price has related today that the County is going to pay for the election, so it will not cost Jacksonville or Sherwood anything. Dr. Price concurred. VOTE ON THE AMENDMENT. ROLL CALL: Councilmen Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. ROLL CALL: Councilmen Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1566. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. Councilman Elliott moved, seconded by Councilman McCleary that Ordinance 1566 be APPROVED and ADOPTED. Councilman Traylor questioned if there was any part of Jacksonville that was not included in the boundaries. City Attorney Bamburg stated that he believes there are small portions or pockets that are not in the “Old Gray Township” description. City Engineer Whisker concurred, saying that there may be a tiny portion on the south end of Jacksonville, but that end is already wet because it is south of the Gray Township line. He stated that to answer the question, he believes this will make all of Jacksonville wet. He added that this does not include all of Jacksonville because parts of the southern end of Jacksonville are already wet, south of Bayou Meto. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE 1566 (#2-2017) APPROVED AND ADOPTED THIS 17 DAY OF AUGUST, 2017. c. ORDINANCE 1567 (#03-2017) AN ORDINANCE AUTHORIZING A LEASE AGREEMENT FOR UPGRADES AND IMPROVEMENTS TO EQUIPMENT AND INTERNET SERVICE FOR CITY HALL, THE POLICE DEPARTMENT, AND OTHER CITY FACILITIES THROUGH A THREE (3) YEAR LEASE AGREEMENT; PROVIDING FOR PAYMENT OF THE LEASE OBLIGATION; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Councilman Ray moved, seconded by Councilman Elliott that Ordinance 1567 be placed on FIRST READING. IT Director Scott Rothlisberger explained that there were network issues rd on the weekend of June 23, saying that he reached out to four Internet service providers to determine what we could do to make our network better. He related that he spoke to Comcast, Windstream, Ritter, and CenturyLink for pricing and what we needed to meet the requirements we put through. He stated that to make our network better we would have to have fiber run between City Hall and the Police Department and to the Communications Center. He related that he is looking for a no cost to install to keep the price as low as possible, adding that with a gigabyte backbone from City Hall and the Police Department we can get rid of two Internet services and route all the Internet traffic to the Police Department. He said that the Police Department is a work facility so we experience less problems there, hence why we reached out. He related that with the current billing structure, we are spending $2,919.51 monthly or $35,034.12 annually. He related that CenturyLink’s quote with 1 gigabyte to the Police Department (not including the Communications 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. Center) was $3,430.00 or $41,160.00 annually. Windstream quoted $3,856.00 or $46,272.00 annually. He related that Comcast was very aggressive offering a quote for all three sites, both the Communications Center and City Hall would have fiber links to the Police Department and all three would have 100 megabytes of Internet for $3,448.95 or $41,387.40 annually. He then related that Ritter offered a quote that met all the expectations, $2,449.99 or $29,399.88 annually. He noted that Ritter is a savings of slightly over $5,000.00 annually, adding that Ritter would better our network and save us money. He then answered that Ritter would provide a fiber installation and 1 gig of speed from City Hall to the Police Department, we would get 100 meg of fiber Internet terminated to the Police Department and we would get fiber run to the old Communications Center. He then answered Councilman McCleary that some of Ritter’s network is already in place in the City. He also answered Councilman Traylor that currently Ritter is being used by the Fire Department. He related that the Internet pipe would be 100 meg down and 50 up. He noted that Ritter has already pulled permits to lay the fiber so he feels this could be done as soon as possible. ROLL CALL: Alderman Elliott, McCleary, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1567. Councilman Sansing moved, seconded by Councilman Ray to APPROVE Ordinance 1567 on FIRST READING. ROLL CALL: Alderman Elliott, Sansing, Ray, Traylor, Smith, and Collins voted AYE. NAY (0). Councilman McCleary ABSTAINED. MOTION CARRIED. Second Reading will be placed on the September 7, 2017 regularly scheduled City Council agenda due to a lack of majority vote to suspend the rules. d. Budget Amendment/Settlement Approval City Attorney Bamburg related that Finance normally brings an ordinance during the year to modify the budget to match both spending as well as revenues so it balances the expenses and revenues. He added that Finance Director Erkel is gathering information from Department heads in order to bring an ordinance to the City Council in September. He related that prior to that point; we have to amend the budget to handle some expenses on settling a lawsuit. He stated that Mayor Fletcher had asked that he bring this to the City Council which is the appropriate thing for them to do. He related that the City’s Court case, Moon vs. the City, Civil Service Commission, and the Fire Department received an adverse ruling but they were able to work out a settlement agreement that includes a payment plan, which Finance Director Erkel was able to satisfy with cash flow. He related that the settle agreement saves the City money; in order to allow some of the expenses that could have been included in the total; we were able to resolve between the parties so it is saving us some money in doing so. The bulk of the money that will 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. be paid - will be paid as past wages so withholds have to be done in order for that to take place. He explained that attorney fees were compromised and agreed upon, so was the interest amount that was ordered by the Court. He stated that the total amount of expenditure ends up being $271,228.47, which the bulk represents, wages over a three year time period. He related that the plaintiff has agreed to tenure, as part of the agreement, his resignation from the Fire Department and so the Department moving forward will not include this particular individual, although the Court order provided for such. He then related that in order for us to do what we need to do financially and Director Erkel authorize to take care of the funds the way that they need to and re-categorize them and meet a deadline that he had as far as the Court time frame, he asked to bring this to City Council tonight with the Mayor’s consent, for a vote so he could finalize the consent judgment. He stated the information that will be contained in the budget amendment will included these changes that are being authorized by the City Council to resolve this matter. Councilman Traylor moved, seconded by Councilman Sansing to approve the budget amendment for the settlement judgment in Moon vs. the City, Civil Service, and Fire Department. MOTION CARRIED. APPOINTMENTS: ANNOUNCMENTS: Councilman Collins presented a constituent from his Ward to address the City Council. Ms. Heather Mullen, a resident of Puritan Drive, addressed the City Council regarding the ordinance that prohibits parking on streets within neighborhoods. She stated that many residents do not have enough room to park in their driveways. She related that both she and her husband drive trucks; noting that her driveway is 15’ wide and a standard truck is 7-8’ wide, leaving no room to park their vehicles comfortably. She added that her garage is not big enough to park her vehicle, noting that they also have a 57’ Chevrolet in the garage. She stated that it is not just her and her husband having a problem; it is everyone on their Street. She said that she had research surrounding cities’ ordinances and none of them have an ordinance like Jacksonville’s. She added that she is aware that the ordinance is in place because of the garbage pickups, saying that she understands, but also feels we can come up with a solution as to parking on one side of the street and have everybody line their garbage cans up on the other side of the street. She noted that the Street is 25’ wide and if a vehicle only takes up 8-9’ then it leaves 16’ to pass, which is plenty of room. She explained that they have been parking on the Street without any problems over the past two and half years until just recently when a neighbor complained. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 17, 2017 7:00 P.M. – 7:38 P.M. In response to questions from Councilman Ray, she answered that the Police were called by a neighbor when he had to go around a vehicle that was parking in the Street, adding that Code Enforcement also came out. She then answered that if the neighbor didn’t want to carry his garbage can to the other side of the Street, she would do it for him if it is that big of a deal. City Attorney Bamburg questioned if anyone had spoken with her about being able to park her vehicle parallel to the driveway in the yard. She answered that she was told she could park in her yard, but she feels if you park in the yard, it detracts from the house. She said that most of them do not want to pay for a house and then park a vehicle in front of it; it would detract from the beauty of the house. Vice Mayor Bolden noted that it might present a problem for the garbage truck if all the cans were on one side of the road. Public Works Director Jim Oakley stated that it would only be a problem if they could not get to all the cans. Other concerns were mentioned regarding Fire Department access. Ms. Mullen stated that the neighborhood knows when their trash day is; Monday morning, saying that most people put their cans out Sunday night and pull it back Monday. Vice Mayor Bolden stated that her Councilman would get back in touch with her soon. ADJOURNMENT: Without objection, Vice Mayor Bolden adjourned the meeting at approximately 7:38 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8