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11 SEP 01.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2011 7:00 P.M. – 7:27 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 September 1, 2011 at the regular meeting place of the City Council. Alderman Smith 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, Traylor, Stroud, Robinson, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, 911 Communications Director Tabby Hughes, CDBG Director Theresa Watson, IT Director Barbara McDaniel, Water Department Superintendant Mike Simpson, Marie Fletcher, Glenda Fletcher, Darlene Durham, Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of August 18, 2011 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the regular City Council meeting of 4 August 2011 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: RESOLUTION 666 (#12-2011) A RESOLUTION ADOPTING, APPROVING, AND AUTHORIZING THE JACKSONVILLE WATER WORKS WATER IMPROVEMENTS FACILITY PLAN; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 666 (#12-2011). City Attorney Bamburg explained that the Water Department is facilitating, through Arkansas Natural Resources Commission (ANRC), funding for their improvement package. He related that Resolution 666 is one of the requirements to satisfy the criteria. At this time MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 666 (#12-2011) Alderman Ray moved, seconded by Alderman Stroud to approve Resolution 666 (#12-2011) in its entirety. MOTION CARRIED. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2011 7:00 P.M. – 7:27 P.M. WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 667 (#13-2011) A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE RELEVANT DOCUMENTS REQUIRED TO CORRECT AND COMPLETE TRANSFER OF PROPERTY TO NORTH PULASKI WATER FACILITIES BOARD; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Ray to Read Resolution 667 (#13-2011). City Attorney Bamburg explained that in 2003 the North Pulaski Water Works System reorganized and because of the requirements of State Statutes, the City Council set the entity as a public facilities board. He related that in the process properties had to be transferred to the City and then back to the Board. He explained that the deeds were prepared properly but when they were sent to the real estate office to be filed, they were filed out of order. As a result, some of the properties did not get transferred in the proper manner. He stated that when North Pulaski got ready to do some grants and funding programs, they discovered that there were some difficulties with those deeds. He stated that Resolution 667 will allow the Mayor and City Clerk to sign off on the correction deeds that will transfer the properties back to the North Pulaski Public Facilities Board. At this time MOTION CARRIED with Alderman Robinson abstaining. Whereupon City Attorney Bamburg read the heading of Resolution 667 (#13-2011). Alderman Stroud moved, seconded by Alderman Ray to approve Resolution 667 (#13-2011) in its entirety. MOTION CARRIED. b. ORDINANCE 1424 (#12-2011) AN ORDINANCE AMENDING AND CREATING JMC §8.05 TO PROHIBIT THE USE OF BARBED WIRE, RAZOR WIRE, OR OTHER SHARP MATERIALS IN CONSTRUCTION OF WALLS AND FENCING IN ALL ZONING DISTRICTS; CREATING JMC § 8.04.025; AMENDING JMC §§ 8.08.080, 8.10.010, 16.20.020, AND 18.04.100; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1424 be placed on FIRST READING. Director of Administration Jim Durham explained that there are several locations in the City that have razor and barbed wire. He noted a location on Hwy. 161 at the corner, adding that there is nothing in the 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2011 7:00 P.M. – 7:27 P.M. current ordinance that prohibits this type of fencing. He stated that there would be exemptions through the Planning Commission. He noted issues with residents putting barbed wire on top of short fences in Sunnyside, noting the hazards for children. In response to a question from Alderman Robinson, Director Durham responded that the ordinance provides for an exemption for fences 6’ or higher. He added that the ordinance also addresses exemptions for municipal complexes. City Attorney Bamburg clarified that the ordinance follows the same provisions offered by Little Rock and North Little Rock as far as granting exceptions. He stated that the only question would be whether the City Council prefers those exemptions to go through the Planning Commission or the Board of Adjustment. He clarified that the Board of Adjustment could handle these as well as the Planning Commission. Alderman Stroud supported a resident being able to get special permission to use barbed wire if there were justifiable circumstances. Director Durham pointed out that the ordinance provides for residential and non-residential if the fence is 6’ tall. He continued saying that he feels the short fences with barbed wire are the ones that are a real problem. Alderman Howard stated that he does not feel that barbed wire should be used at all in a residential area. Director Durham then answered that the residences with existing barbed wire would probably not be grandfathered in. City Attorney Bamburg stated that there would be an appropriate time frame to notify residents and allowing them to request a variance. He went on to say that the safety issue is the primary reason is the requirement for 6’ or higher. Director Durham noted that there are plenty of opportunities for exemptions, noting circumstances of property over an acre or agricultural property. He stated that anyone could request an exemption. Mayor Fletcher noted this as part of the efforts to clean up Jacksonville. He stated that barbed wire is not conducive to what would be aesthetically pleasing neighborhoods. He stated that if there is a problem with safety, then it is the City’s responsibility to make people feel safe so they will not feel as if they have to use barbed wire on their fences. He then noted issues with residents that put up chain link fences in the front yards, noting that Sunnyside does not have room now to park cars. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2011 7:00 P.M. – 7:27 P.M. Discussion ensued regarding residents that currently have barbed wire; Director Durham noted that there are not enough Code Enforcement officers to go all over the City, but added that if there is a complaint it would have to be addressed. He then noted that there have been several complaints on a regular basis. He added that it is not enforceable if it is not addressed by ordinance. Alderman Ray called for a question to the motion before City Council. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1424. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1424 on FIRST READING and to suspend the rules and place Ordinance 1424 on SECOND READING. Alderman Taylor questioned if the ordinance should be amended to make it more specific to zoning so that businesses in the manufacturing area would not have to go to the Planning Commission for an exemption or any farm land that would also have to seek a variance. He added that it should be more directed toward residential areas. Director Durham reiterated that the 6’ requirement is the objective of the ordinance. Discussion ensued that the ordinance needed to provide further specifics to avoid an onslaught of variances to be sought in industrial or manufacturing zones. Mayor Fletcher offered that the ordinance could be accepted on FIRST READNG and then tabled for amendment regarding specific language. Alderman Stroud moved, seconded by Alderman Ray to amend the previous motion to only APPROVE Ordinance 1424 on FIRST READING, withdrawing consideration for placing Ordinance 1424 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ANNOUNCEMENT(S): City Offices will be closed Monday, September 5 in observance of Labor Day Mayor Fletcher announced that the City Council would host a public hearing at the next regularly scheduled City Council meeting September th 15 to further consider additional condemnations. He noted that the ordinance for condemnation would be available at that meeting. Alderman Smith noted the good press coverage regarding the Reed’s Bridge reenactment event. He added that it was a good event. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2011 7:00 P.M. – 7:27 P.M. Director Durham offered a brief update regarding the Community Center pool, saying that conditions were worse than anticipated regarding safety issues. He noted issues of extreme rust that had made the ceiling unstable. He related that the project engineer had stated that he was comfortable with the super structure but will require new pearling that is zinc coated, and a sandwich panel for the inside roofing which will take the place of the insulation that was holding moisture. He then related that the pool pack will have to be upsized because of the volume and there are considerations for a UV treatment system for the water that will reduce the chlorine demand by 80 to 90%. He stated that it is hoped repairs will come in under 1 million, adding that prices will be available in the next few weeks. He stated that it would approximately be a two week project just for the roof, which has to be done before the pool pack. Mayor Fletcher noted that the south wall had some deterioration approximately 1’ down, which will have to be repaired. He stated that it has been beneficial to have the original building package from the actual company. He explained that the plans did not match the actual construction. Director Durham clarified that the engineer was able to get the “as builts” from the company that performed the work originally, which will be beneficial in the repair process. He stated that there should be a lot more information by the next City Council meeting. Public Works Director Jim Oakley informed the City Council that the three th new garbage trucks were delivered and September 6 the new trucks will th be placed on routes. He noted that Monday, September 5 is a holiday, so the garbage pickup will run one day behind. Mayor Fletcher related a meeting with the Corp of Engineers at Congressman Griffin’s office along with officials from Sherwood and Pulaski County. He stated that it was a productive meeting, adding that the City has to put in a proposal to be considered regarding a study. He stated that the Federal Government will pay for the study, which is projected to cost nearly $100,000. He added that currently the Government has spent those types of funds but has indicated that the more entities involved the higher the priority will become. He stated that in the meeting he recommended that the State Highway Department be included in the study because they were also impacted by the flood. He further stated that the entities would be responsible for a percentage. He added that he is not sure North Little Rock will be included unless they are impacted by the Bayou Meto. He noted that yesterday was the deadline for residents to submit a letter of intent if they wanted to be considered for a buyout. He then explained that City Engineer Whisker had a study from a double flood experienced in 1968 and 1969, pointing out that this type of 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 2011 7:00 P.M. – 7:27 P.M. flooding in the same areas has occurred in the past before the landfill was established. He stated that this would present the argument that the Landfill is not responsible for the flooding. He expressed his hope that the Corp of Engineers will address issues with the Bayou Meto. In response to a question from Alderman Smith, Public Works Director Jim Oakley stated that when the automated sanitation operation begins, bags left to the side of the container will no longer be picked up. He went on to say that the Department is in the process of notifying residents. In response to a question from Mayor Fletcher, Public Works Director Jim Oakley informed the City Council that the overlay contract is out and work should begin in the next few weeks beginning with Main and James Streets. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:27 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 6