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12 SEP 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 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 6, 2012 at the regular meeting place of the City 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, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ONE SEAT OPEN. ABSENT (0). Alderman Robinson arrived at 7:16 p.m. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, City Engineer Jay Whisker, Public Works Director Jim Oakley, Police Chief Gary Sipes, IT Director Barbara McDaniel, 911 Communications Director Tabby Hughes, Rizzell Aaron, Pastor Ricky Allen, Planning Commissioner Jim Moore, Glenda Fletcher, Ivory Tillman, Mary Twitty, Roger Sundermeier, Freddie Booker, Ron Newport, Celeste Williams, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of August 16, 2012 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 Howard that the minutes of the regular City Council meeting of 2 August 2012 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 August 2012. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 13 Building Inspections 102 Business Licenses 13 Electrical 64 Plumbing 97 HVACR 35 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the regular monthly report for July 2012 annual crime statistical comparisons. Code Enforcement for July 2012 Assigned Calls 83 Self Initiated Calls 459 Follow up meetings/court 276 Basketball Goals 9 Meetings/Court 39 Structures Inspected 17 Citations/Warnings 3 Rental Properties Inspected 4 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. Issued Notice/letters 35 Properties Red Tagged 1 Vehicles Tagged 21 Search Warrants Served 0 Vehicles Towed 1 Structures Rehabbed 0 Lots posted 34 Structures Condemned 0 Signs removed 213 Houses Demolished by City 0 Trash cans tagged 35 Houses Demolished by Owner 2 Parking Violations 70 Grass letters 117 Grass mowed 24 ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Base Meadows PH IV City Engineer Whisker related that the plat consists of 30 new lots bounded by Hwy. 107 and Little Rock Air Force Base. He noted that all improvements have been completed and the developer is ready to begin selling lots. Alderman Ray moved, seconded by Alderman Traylor to approve the Final Plat of Base Meadows PH IV as recommended by the Planning Commission. MOTION CARRIED. GENERAL: PUBLIC HEARING a. ORDINANCE 1457 (#19-2012) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:04 p.m. Mayor Fletcher noted that the properties being considered for condemnation are #17 Collins Road and 216 Gum Street. Code Enforcement Officer Charlie Jenkins offered a PowerPoint presentation and supplemental data documenting the procedures taken along with notifications to property owners. He added that both properties have been properly advertised as prescribed. He reviewed photographs of #17 Collins Road depicting outside structural damage as well as inhabitable conditions inside the house. He commented that Code Enforcement has been involved with this house since March 2012. He noted that the situation 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. was brought to their attention by numerous complaints from neighbors regarding a stench coming from the house. He pointed out that the residence has several holes in the ceiling along with structural deficiencies regarding the bathroom flooring as well as the entire house being a hoarding situation. He noted that Mr. and Mrs. John A. Taylor are the owners of record, explaining that Mr. Taylor’s health is failing and he is in the hospital. He then related that he has spoken with Mrs. Taylor on several occasions who informed him that they are unable to do anything about the residence. He added that Mrs. Taylor is now living on Madden Road. He continued reviewing photographs of rot and dilapidation to the outside of the house. He then reviewed photographs of 216 Gum Street. He explained that he discovered the house on routine patrol. He stated that Robert J. Collier and Mary Heifner are the owners of record, adding that Mr. Collier is deceased but Ms. Heifner gave consent for the property to be searched. He related that Ms. Heifner told him she let the property go back to the bank; however he has not been able to find any bank that claims the property. He explained that the mortgage was assigned to Bankers Trust, located in California, and they were sent a legal notice of public hearing but it was returned without response. He noted extensive termite damage as well as holes in the walls to the outside. Mayor Fletcher opened the floor for anyone wishing to address these properties. Ms. Celeste Williams addressed the property on Collins Road, explaining that she resides near this property and were acquainted with the owners. She stated that she does not feel that any of the neighbors knew of the Taylor’s circumstances, saying that if they had they would have come to their assistance. In response to a question from Ms. Williams, Code Enforcement Officer Jenkins replied that Ms. Taylor’s indication to him was that they would not be returning to the residence, ultimately the residence will be demolished. Ms. Williams noted that the Taylor’s have three sons, questioning that as an inheritance; the sons should be offered a chance to redeem the property. Code Enforcement Officer Jenkins related that he has spoken with one of the daughter-in-laws who had related to him that they had tried to clean the house out but was unable to complete the job. He stated that at least one of the sons is aware of the condemnation moving forward. Mayor Fletcher stated that while it is a sad situation, it is also frustrating that the sons would allow their parents to live that way. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. Mayor Fletcher closed the public hearing at approximately 7:17 p.m. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1457 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Traylor, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1457. It was noted that the property of 111 North James was removed from Ordinance 1457 and will be addressed at a later time. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1457 on FIRST READING and to suspend the rules and place Ordinance 1457 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Traylor, Stroud, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1457. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1457 on SECOND READING and to further suspend the rules and place Ordinance 1457 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Traylor, Stroud, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1457. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1457 be APPROVED AND ADOPTED with EMERGENCY CLAUSE ATTACHED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1457 THIS 6 DAY OF SEPTEMBER 2012. b. RESOLUTION 681 (#07-2012) A RESOLUTION AUTHORIZING AND DECLARING A MORATORIUM UPON ENTRY AND USE OF MOBILE/MANUFACTURED HOMES MANUFACTURED PRIOR TO 1976 AND/OR ANY OTHER MOBILE HOME(S) UNLESS SAID HOME(S) MEET OR EXCEED CURRENT CONSTRUCTION STANDARDS OF THE ARKANSAS MANUFACTURED HOME COMMISSION (AMHC) AND ALL OTHER APPLICABLE PROVISIONS OF LOCAL, STATE, AND FEDERAL LAWS, RULES, AND REGULATIONS; PROVIDING FOR CERTAIN OTHER MATTERS RELATING THERETO; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Howard stated that the moratorium is necessary because the City of Jacksonville has seen the entry of mobile homes built prior to 1976. Police Chief Sipes related that Code Enforcement was reassigned to the Police Department in December 2011 and since that time they have been able to have trailer parks remove approximately 40 mobile homes that were in a dilapidated state. He noted that there are approximately 790 trailers in 13 trailer parks located within the City, not including 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. individual trailers located at various locations throughout the City. He stated that the necessity for this Resolution comes as a result of several inhabitable trailers moved to Jacksonville from Little Rock. He explained that surrounding cities are adopting stricter guidelines regarding mobile homes and those undesirable trailers are being moved to Jacksonville. He noted an instance where an individual had moved two dilapidated trailers to Jacksonville, one being a 1980’s model and the other was a 1990’s model. He explained that the person was cited and the Judge found the individual not guilty. He noted a recent death regarding a fire at Lamplighter Trailer Park, adding that it is not known if the trailer was in a dilapidated state but the Department feels there are many instances of dilapidated trailers that present a safety hazard to residents. He stated that they would like to develop legislation to address these situations, providing for inspections prior to the trailer being setup in the City. He offered the possibility of building permits being issued by the Engineering Department for the setup of trailers so inspections could be conducted. Alderman Traylor questioned if the verbiage of “USE OF MOBILE/MANUFACTRED HOMES PRIOR TO 1976” would include trailers already inside the City limits. City Attorney Bamburg clarified it would include trailers in the City. Alderman McCleary questioned what would happen to those trailers that are inside the City limits. City Attorney Bamburg stated that he feels Code Enforcement would conduct inspections and if the trailer is not determined to be within Code the owner would have to bring it into compliance or have it removed. Alderman Traylor concurred with Mayor Fletcher that Resolution 681 sets up an intention to develop an ordinance that would regulate this activity. City Attorney Bamburg then clarified that there are codes already in place to address existing trailers already in Jacksonville. He went on to say that this Resolution would cover all pre-1976 or other trailers that are not compliant with the provisions. He stated that the intent is not to focus on a particular type but to focus on Code compliance. He stated that if a trailer meets Code then it qualifies. Alderman Robinson noted a situation where Sertoma is trying to help an elderly lady on disability, questioning if a trailer is purchased for her that was built prior to 1976 but meets all Codes, would that be allowable. City Attorney Bamburg stated that if the trailer satisfies Code and is Code compliant then it would be allowed, adding that it is strictly about Code compliance not just the age of the trailer. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. Chief Sipes reiterated that the focus is citizen safety. Alderman Traylor noted that across the nation there is a move to regulate pre 1976 trailers regarding safety issues and HUD regulations. Mayor Fletcher supported the need to have a moratorium in place so the Council would not feel rushed to put an ordinance in place without thoroughly researching the ramifications. Alderman Traylor stated that he is not opposed to the moratorium on trailers built prior to 1976 being moved into the City of Jacksonville, but is more concerned with the existing trailers already in town that were built prior to 1976. Mayor Fletcher noting safety factors, added that when a trailer catches fire usually it is no more than 8 minutes before it is burned to the ground. He stated that for this reason it is even more important that mobile homes are inspected for safety standards. In response to a question from Alderman Traylor, City Attorney Bamburg concurred that currently there are ordinances in place that address any structures located within the City that are not in good condition including mobile homes or manufactured homes. He stated that this Resolution would cover not only those homes but the ones that are currently being brought into the City so Code Enforcement can check Code compliance ensuring safety issues. Alderman Stroud stated that the intent is to tighten those areas of Code, because presently there are individuals living in mobile homes and other structures that are unsafe and inhabitable. Chief Sipes stated that if the ordinance they hope to develop was already in place, the individual who went to Court would not have been found not guilty. He reiterated that the trailer in this instance was dilapidated and it was moved into Jacksonville without permission, which is another issue that needs to be addressed. He related that it becomes a problem when individuals can move dilapidated trailers into the City without inspection or permit. He added that the trailer park managers are working with Code Enforcement regarding Code issues. Alderman Ray moved, seconded by Alderman Howard to read Resolution 681 (#07-2012). Mr. Rizzell Aaron questioned if Code Enforcement would be trained and qualified to inspect the trailers or even houses in general. He stated that he feels training should come prior to them being put out to perform inspections. He added that this may prevent any further or future problems. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. Discussion ensued and Mr. Aaron clarified that his question was whether they would receive any type of formal training. Police Chief Sipes responded that the Department has a qualified and certified Code Enforcement officer from North Little Rock that was hired, adding that he was hired through SBICC. He went on to say that Officer Jenkins is signing up to take the test through the State to become certified under ICC and is working with Officer Noland on these properties. Mayor Fletcher stated that he can vouch for the fact that the City spends a generous amount of money to have employees trained. At this time MOTION CARRIED. City Attorney Bamburg read the heading of Resolution 681 (#07-2012). Alderman Ray moved, seconded by Alderman Sansing to approve Resolution 681 (#07-2012) in its entirety. MOTION CARRIED. c. Request to Accept Bid for Galloway Drainage Project Phase I. City Engineer Whisker explained that there is a drainage pipe that runs through the middle of the Sunnyside Addition, starting at Ray Road and running underneath Galloway Park. He then noted that some of the pipes were replaced in Galloway Park approximately two years ago, explaining that since the pipe has been there for many years it has rusted in some locations. He went on to note that additional pipe has been replaced on the north end near Pulaski to Graham Road where the new drainage system is being constructed for the Graham Road widening. He stated that this project would go from Galloway Circle up to Graham Road, adding that there were enough funds to do approximately 1/3 of the distance. He related that the City has satisfactorily used the low bidder on other projects. He then responded to a question from Alderman Robinson, that the exiting arch pipe would be replaced with two 30” pipes. Alderman Ray moved, seconded by Alderman Stroud to accept the low bid from Building & Utility Contractors in the amount of $56,860.00 with funds to be drawn from CDBG. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher asked that everyone remember CDBG Director Theresa Watson in their prayers, explaining that she fell and broke both of her wrists requiring her to have surgery yesterday. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2012 7:00 P.M. – 7:46 P.M. RECOGNITION OF VOLUNTEER RON NEWPORT Charlie Jenkins stated that he recently accepted the post of Executive Director of Keep Jacksonville Beautiful, recognizing the former Executive Director Mr. Ron Newport. He related that Mr. Newport had served that post for five years with excellent leadership and commitment to the City of Jacksonville. Mr. Newport was presented with a plaque honoring his years of service and volunteerism to Keep Jacksonville Beautiful. Mr. Newport related that his charge was to get Jacksonville affiliated with Keep America Beautiful, adding that when he volunteered in 2007 it was for one year but he remained as Executive Director of Keep Jacksonville Beautiful for five years. He commended the City Council for their cooperation and support. He stated that he would continue his work regarding the murals and sculptures. He then related that Mayor Fletcher has appointed him as his representative on the Library Sculpture Board, explaining that the Board has a matching grant fund of $40,000.00 and as of last Sunday they have advertised a request for proposals from Arkansas sculptors. He stated that the Library will have a really nice large sculpture worth approximately $100,000.00 within a year. Mayor Fletcher expressed his appreciation for Mr. Newport’s hard work and contributions to the City of Jacksonville. Mayor Fletcher then announced that the Little Rock Air Force Base Air thth Show featuring the Navy’s Blue Angels will be held September 8 and 9 - gates will be open at 8:30 a.m. with free admission & parking. Arkansas Highway Department is hosting a public input meeting proposing th six-lanes on Hwy. 67/167 from Redmond Road to Austin September 11 at the Jacksonville Community Center from 4:00 to 7:00 p.m. th Alderman Howard announced that September 8 there would be a neighborhood watch meeting at the McArthur Assembly of God Church to organize a neighborhood watch for that area. He stated that neighborhood watches are a huge plus for the Police Department. He encouraged attendance. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:46 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8