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19 OCT 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 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 October 17, 2019 at the regular meeting place of the City Council. Council Member Ray delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Council Members: Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8) ABSENT (2). Council Members Collins and Bolden were absent. Others present for the meeting were: City Attorney Stephanie Friedman, IT Director Scott Roethlisberger, CDBG Director Theresa Watson, Police Chief John Franklin, Fire Chief Alan Laughy, Human Resource Director Charlette Nelson, Planning Commission Chairman Jim Moore, Finance Director Cheryl Erkel, Addie and Don Gibson, Director of Downtown Planning and Development Bob Price, Dejuana Sipes, Patrick Thomas, Johnny Simpson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of October 3, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Elliott moved, seconded by Council Member Sipes that the minutes of the regularly scheduled City Council meeting of 19 September 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: CODE ENFORCEMENT Council Member Ray moved, seconded by Council Member Sansing to approve the regular monthly report as presented for September 2019. Assigned Calls 153 Self-Initiated Calls 338 Follow ups 300 Structures Inspected 8 Meetings/Court Hearings 0 Rentals Inspected 0 Warnings Issued 67 Properties Red Tagged 2 Tickets Issued 0 Search Warrants Served 0 Notice/Letters written 109 Structures Rehabbed 0 Vehicles Tagged 5 Structures Condemned 0 Vehicles Towed 0 Houses Demolished by City 0 Lots posted 2 Houses Demolished by Owner 0 Signs removed 67 Parking Violations 0 Trash cans tagged 26 Grass Letters 192 Basketball Goals 0 Grass Mowed 63 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Council Member Elliott moved, seconded by Council Member Sansing to approve the Regular Monthly Report for September 2019 regarding annual crime statistical comparisons. REGULAR MONTH REPORT/ANIMAL CONTROL Council Member Elliott moved, seconded by Council Member Sansing to approve the regular monthly report for September 2019. ADOPTION FEES/FINES $ 3,300.00 CONTRIBUTIONS 0.00 TOTALS $ 3,300.00 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Elliott moved, seconded by Council Member Sansing to approve the regular monthly report for September 2019 from the Jacksonville Fire Department, reflecting a fire loss of $650.00 and a savings total of $375,000.00. ROLL CALL: Councilmen: Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. WASTEWATER DEPARTMENTS: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): a. Request by Council Member Barbara Mashburn to form a Used Car Lot Committee Council Member Mashburn related that the Committee has held its first meeting with good attendance. She reported that the Committee is currently ongoing. b. Ordinance 1584 (#06-2018) Out of State property owners maintaining a local registered agent Council Member Collins is not in attendance. c. Request to form Committee to research Step-Pay proposal for all City employees for 2020 Council Member Mashburn related that the first meeting is scheduled for th Monday, November 4 @ 10:15 a.m. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. ADDITION TO THE AGENDA: Council Member Mashburn moved, seconded by Council Member Sipes to suspend the rules and place a new item on the agenda regarding the Wage Center building located at 104 South First Street as a Museum of Jacksonville History and the command center for the Jacksonville Historical District. MOTION CARRIED. Council Member Mashburn moved, seconded by Council Member Sipes to allow the building located at 104 South First Street to be used as a Museum of Jacksonville History and the command center for the Jacksonville Historical District. In response to a question from Council Member Traylor, Mayor Johnson answered that the City owns the building that was formerly used by the Wage Program. He related that the building is now empty and the Jacksonville Historical District has requested use of the building for their purposes. Council Member Mashburn stated that in conversations with Mayor Johnson, he agreed to lease the building to the Jacksonville Historical District at the rate of $1.00 annually for 99 years. Mayor Johnson clarified that the Historical Society will lease it from the Historical District. At this time, MOTION CARRIED. RESUME AGENDA: GENERAL: a. ORDINANCE 1616 (#23-2019) AN ORDINANCE AMENDING JMC TITLE 14 REGARDING PARKS & RECREATION REGULATIONS FOR PARKS’ FACILITIES WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Smith to place Ordinance 1616 on FIRST READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1616. Mayor Johnson explained that last year following the Air Show, the Golden Knights and Thunderbirds wanted to hold a reception at the Community Center but because they could not serve alcohol, they held the reception in Cabot. He stated that the Air Base is in the City limits of Jacksonville and their events should be held in Jacksonville not Cabot. He reminded the City Council that the Parks and Recreation Commission would have to set the rules and regulations, adding that the guidelines would be strict. City Attorney Friedman answered Council Member Sipes that she had spoken to the ABC Board last week and was informed that the first thing we would have to do is change the Ordinance and then whomever wanted to serve alcohol would still have to go to the ABC to get a permit. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. Council Member Traylor noted that the Ordinance states “Within the rental event space at the Community Center, or within Dupree Park, consumption during an event for which the entire facility is rented”. Mayor Johnson noted that when they have the Anheiser Bush Classic, they rent all six softball fields. Council Member Traylor pointed out that still would not be the entire Dupree Park, suggesting that the Ordinance specify sections of the Park such as the six softball fields. City Attorney Friedman stated that was the intent that Parks & Recreation Director Kevin House wanted, clarifying that he did not want someone to have alcohol while other events were happening at the Park. She added that she would clarify that with Director House. Council Member Traylor pointed out that people might get upset if while the Bush Tournament is going on, other parts of the Park are not available. Mayor Johnson then clarified that when the Community Center is stated it means that all the meeting rooms have to be rented, not just one room when alcohol is being sold. Council Member Traylor questioned the cost to rent all the rooms, mentioning special rates. Mayor Johnson stated that it would be the regular price, and they would have to provide security. Council Member Traylor stated that they would also have to pay the costs to rent the entire building. Mayor Johnson stated that the same rules would apply that are currently in place regarding the rental. Council Member Sipes questioned what are the ramifications if there are no volunteer officers to work the event. He questioned if the City would be responsible for paying overtime and then let the Air Force reimburse, noting that this way they would be covered by Workman’s Comprehension. City Attorney Friedman stated that it is her understanding it is the responsibility of the person who wishes to obtain a permit to sell alcohol. Council Member Sipes stated that law enforcement is not always available and if alcohol is going to be sold, we do need law enforcement there. Mayor Johnson stated that it would be mandatory and if they cannot provide law enforcement then they would not be allowed to hold the event. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. Council Member Sipes questioned the time frame and how the component for law enforcement is going to be regulated. Mayor Johnson stated that they would understand that law enforcement has to be present. Council Member Sipes stated that it does not always work like that. Council Member Mashburn pointed out that the Ordinances states “A sufficient number of off-duty law enforcement officers and EMS personnel, as determined by the City, shall be employed by the permittee.” City Attorney Friedman stated that she left it ambiguous because we discussed this and Kevin was going to talk to his Commissioners so they could outline further rules but we need an ordinance first to allow it to happen before they can outline the specific rules such as the permits and dates. Chief Franklin addressed the City Council saying that he would suggest at least two weeks before the event, the permittee needs to contact Captain Smiley, or Lieutenant Bret Hibbs and then a notice would be put out to the officers that this event would be available for overtime. Council Member Traylor referenced the Air Base, questioning if the Ordinance specifically states that it will be Jacksonville Police Officers or can the Air Base use their military police. It was clarified that it only states officers so it does not have to be the Jacksonville Police. Chief Franklin stated that if the event is held in the City of Jacksonville they would probably have to use Jacksonville Police Officers. Mayor Johnson stated that the County could, adding that we would need officers with authority in this jurisdiction, such as a Sheriff’s Deputy or a Jacksonville Police Officer. He then added that the State Police would have jurisdiction. Chief Franklin recommended that we turn to the Jacksonville Police first before moving on. Mayor Johnson concurred, saying that those recommendations would be offered to the Parks Commission. He stated that he feels the Parks Commission’s findings should be brought back to the City Council for further input. In response for clarification from Council Member Sipes, City Attorney Friedman stated that the secured area or perimeter would be either inside the building or at the Park surrounded by a fence. Mayor Johnson noted the restrictions as outlined by ABC regarding a regular ABC license. He then answered that the City would receive the revenue off the tax and the drink tax and possibly putting a 10% off the top. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. Council Member Smith asked for clarification regarding the statute number 14.10.050 versus 14.08.050. City Attorney Friedman offered to check that status. Council Member Ray moved, seconded by Council Member Sansing to approve Ordinance 1616 on FIRST READING and SUSPEND THE RULES to place Ordinance 1616 on SECOND READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Sansing to further SUSPEND THE RULES and place Ordinance 1616 on THIRD AND FINAL READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1616. Council Member Traylor noted earlier discussion that the Parks Commission would offer rules and regulations input before final adoption. Mayor Johnson stated that the Ordinance has to be adopted before the Parks Commission can make recommends. Mayor Johnson asked City Attorney Friedman for clarification. City Attorney Friedman concurred. She stated that currently the City Council has approved that there is no alcohol allowed, adding that she discussed this at length with Director House and he said before he could bring this to his Commissioners he wanted something that the City Council would allow regarding alcohol to be served or sold at the facilities before they brought up the guidelines. Council Member Traylor stated that he would prefer the Commission to present its recommendations that would then be approved by the City Council. City Attorney Friedman stated that is what she meant if she did not say that, adding she said it backwards. Mayor Johnson stated that the City Council would approve the rules. Council Member Traylor stated that he feels they should present their recommendation prior to final Ordinance approval. Council Member Ray called for a question to the MOTION. ROLL CALL: Councilmen Sansing, and Ray voted AYE. Councilmen Elliott, Sipes, Mashburn, Traylor, Twitty, and Smith voted NAY. MOTION FAILED. It was clarified that Ordinance 1616 would be brought back at the next regularly scheduled City Council meeting with additional information regarding rules and regulations recommendations from the Parks Commission. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. b. ORDINANCE 1617 (#24-2019) AN ORDINANCE CONCERNING NOISE PREVENTION AND PROHIBITING THE PRACTICE KNOWN AS “JAKE-BRAKING” (MOTOR-BRAKING), PROVIDING FOR PENALTIES FOR SUCH, AND DECLARING AN EMERGENCY. Council Member Traylor moved, seconded by Council Member Mashburn to place Ordinance 1617 on FIRST READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Elliott stated that residents on T.P. White Drive near the Interstate are complaining that since the additional lane was added, there are a lot of big truck using the brakes in the middle of the night when there is no reason to use them. He noted that most other areas and around in Cabot have the signs prohibiting that kind of braking. Whereupon City Attorney Friedman read the heading of Ordinance 1617. Council Member Smith questioned how and who would police the provisions of Ordinance 1617. Mayor Johnson stated that would be a million-dollar question, explaining that an Officer would have to witness it. Council Member Elliott stated that you do have to witness it but they say that the places where the signs are added on the Highway does help. Mayor Johnson stated that it would be difficult to enforce. Council Member Elliott that the Ordinance will provide for the signage to be installed. Council Member Traylor moved, seconded by Council Member Twitty to approve Ordinance 1617 on FIRST READING and SUSPEND THE RULES to place Ordinance 1617 on SECOND READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Traylor moved, seconded by Council Member Elliott to further SUSPEND THE RULES and place Ordinance 1617 on THIRD AND FINAL READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Traylor moved, seconded by Council Member Elliott to APPROVE AND ADOPT Ordinance 1617. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. th ORDINANCE 1617 (#24-2019) APPROVED AND ADOPTED THIS 17 DAY OF OCTOBER, 2019. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2019 6:00 P.M. – 6:28 P.M. DEVIATION IN AGENDA: Council Member Traylor moved, seconded by Council Member Mashburn to suspend the rules and place Ordinance 1618 (#25-2019) on the agenda. MOTION CARRIED. ORDINANCE 1618 (#25-2019) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. Council Member Sansing moved, seconded by Council Member Ray to place Ordinance 1618 on FIRST READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1618. Council Member Sansing moved, seconded by Council Member Ray to approve Ordinance 1618 on FIRST READING and SUSPEND THE RULES to place Ordinance 1618 on SECOND READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Sansing to further SUSPEND THE RULES and place Ordinance 1618 on THIRD AND FINAL READING. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1618. ROLL CALL: Council Member Elliott, Sipes, Sansing, Ray, Mashburn, Traylor, Twitty, and Smith voted AYE. MOTION CARRIED. th ORDINANCE 1618 (#25-2019) APPROVED AND ADOPTED THIS 17 DAY OF OCTOBER, 2019 nd ANNOUNCEMENTS: Mayor Johnson announced that Tuesday, October 22 @ 11:00 a.m. the Senior Center will host its Beans and Cornbread at the Community Center. th He then announced that Thursday, October 24 @ 6:00 p.m., there will be a town hall meeting in the City Council Chambers. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:28 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 8