Loading...
13 JUL 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 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 July 18, 2013 at the regular meeting place of the City Council. Alderman Bolen delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, 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, Police Lieutenant Smiley, IT Director Barbara McDaniel, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Fire Chief Alan Laughy, CDBG Director Theresa Watson, Parks and Recreation Director Kevin House, 911 Communications Director Tabby Hughes, Code Enforcement Officer Charley Jenkins, Water Department, Sandra Sansing, Jim Moore, interested citizens, and members of the press. DEVIATION IN AGENA: GENERAL: a. 7:00 p.m. PUBLIC HEARING ORDINANCE 1494 (#25-2013) AN ORDINANCE CREATING AND CETIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS FOR THE BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:02 p.m. City Attorney Bamburg referenced Exhibit A of Ordinance 1494 (#25-2013), requesting that the property address of 300 North Elm be omitted from Ordinance 1494. He explained that Ms. Nunn, the property owner, has agreed to a payment plan and this removes the need to file a lien. With no one to speak in favor or opposition to Ordinance 1494 (#25-2013), Mayor Fletcher closed the public hearing at approximately 7:03 p.m. Alderman McCleary moved, seconded by Alderman Bolden that Ordinance 1494 (#25-2013) be placed on FIRST READING omitting 300 North Elm. Discussion ensued regarding an email that had been distributed to the Alderman regarding the property addressed as 111 North James. City Attorney Bamburg clarified that the property had been under consideration through Code Enforcement for over one and a half years. He related that the property owner hired an attorney, claiming that they had not received notice regarding any of the processes. He pointed out that the City has certified mail green cards showing that not only had the owner received the proper notifications but the also the attorney’s office received those same notices regarding the nuisance and condemnation processes. He 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. added that a mortgage company was also involved and they received notices as well. He concurred with Code Enforcement Officer Charley Jenkins that this property has been involved as far as City Council action since October 2012. He reviewed that after the property was condemned, the City demolished the building and the bills were sent to both parties as well as the mortgage company. He stated that there was no response from anyone, saying that it did not become an issue until the notice was published and the owners were notified regarding liens being filed. He related that he is not aware of the email, saying that he has had no contact from the attorney. Mayor Fletcher noted that Code Enforcement Officer Jenkins has a list of dates where the owners signed the certified mail cards. Code Enforcement Officer Jenkins stated that he has the original certified mail cards, pointing out that he has three cards with Mr. Sy Niksefat’s signature. He added that when the attorney made his involvement known, Code Enforcement immediately started sending duplicate letters to his office. He stated that there was ample notification, pointing out that Code Enforcement sent a total of 14 registered letters at various times to the various people involved with the property, including one other attorney who was involved in the process. He then answered that the notifications sent by Code Enforcement were public nuisance, open hearing, and the pending demolition after the City Council approved the condemnation. He then answered that his file has copies of invoice statements regarding the collection for demolition. City Attorney Bamburg clarified that three invoice statements are sent before the property is proposed for lien. He then pointed out that to be included on a tax lien; the City has to issue public notice which is published in the newspaper fifteen days prior to the meeting. He stated that the City has satisfied the requirements by law for all the properties being proposed for liens. He then answered that no request to postpone or table considerations for 111 North James was presented to him or his office. Mayor Fletcher related that the structure has been demolished, it was a lengthy process and everything has been documented. He stated that the City is confident in its process and now would like to collect for the demolition. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1494 (#25-2013) to include the addresses of 186 Pike Circle, 114 Roosevelt Circle, 170 Pike, 606 Marion, 1018 Ray Road, and 111 North James. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. Alderman Bolden moved, seconded by Alderman Ray to APPROVE Ordinance 1494 (#25-2013) on FIRST READING as AMENDED. Alderman Robinson posed a question regarding the representing attorney having an opportunity to address the item of business at the next regularly scheduled City Council meeting. City Attorney Bamburg clarified that it would have to be sponsored for discussion but the lien would already be filed with the real estate clerk’s office as well as with the tax assessor’s office. He then answered Alderman Robinson that it would be up to the City Council if all three readings are done at one meeting or held until a later time. Mayor Fletcher pointed out that nothing changes the facts and the money for demolition is still owed on the property. Director of Administration Jim Durham clarified that the reason the City now files liens more than once annually is because it was becoming too common for the title companies to notify the City that the property had changed owners, making the lien impossible to collect. He added that this makes the timely filing of liens that much more important. Mayor Fletcher noted that extra consideration was given to 111 North James and that still did not elicit a response from the owner or legal representatives. Alderman Ray called for a question to the motion to APPROVE Ordinance 1494 (#25-2013) on FIRST READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1494 (#25-2013) on SECOND READING. ROLL CALL: Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1494 (#25- 2013). Alderman Ray moved, seconded by Alderman Mashburn to further suspend the rules and place Ordinance 1494 (#25-2013) on THIRD and FINAL READING. Alderman Traylor stated that he would like to amend Ordinance 1494 (#25- 2013) at this time. City Attorney Bamburg advised that if the amendment pertains to 111 North James, he would like to clarify that statements in the email are not factual. Alderman Traylor moved, seconded by Alderman Twitty to amend considerations regarding Ordinance 1494 (#25-2013). 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. City Attorney Bamburg clarified that currently on the floor there is a motion to place Ordinance 1494 on third and final reading with another motion to amend without stating what the specific amendment is. Alderman Traylor rescinded, seconded by Alderman Twitty to rescind the motion to amend. Mayor Fletcher clarified that there is a motion and second to place Ordinance 1494 (#25-2013) on THIRD and FINAL reading. ROLL CALL: Alderman Howard voted AYE. Alderman Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Robinson voted NAY (9). MOTION FAILED. Mayor Fletcher announced that Ordinance 1494 (#25-2013) would be on the regularly scheduled City Council meeting of August 1, 2013 for THIRD and FINAL reading. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of July 2, 2013 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Bolden moved, seconded by Alderman Ray that the minutes of the regular City Council meeting of 18 June 2013 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Robinson to approve the Regular Monthly Report for June 2013 regarding annual crime statistical comparisons. Code Enforcement for June 2013 Assigned Calls 71 Self Initiated Calls 300 Follow ups 365 Basketball Goals 0 Meetings/Court Hearings 137 Structures Inspected 19 Citations/Warnings Issued 1 Rental Properties Inspected 4 Notices/Letters Written 39 Properties Red Tagged 8 Vehicles Tagged 14 Search Warrants Served 6 Vehicles Towed 1 Structures Rehabbed 1 Lots posted 49 Structures Condemned 0 Signs removed 114 Houses Demolished by City 2 Trash cans tagged 0 Houses Demolished by Owner 2 Parking Violations 0 Grass Letters 120 Grass Mowed 81 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Robinson to approve the regular monthly report for June 2013 from the Jacksonville Fire Department, reflecting a fire loss of $60,930.00 and a savings total of $29,970.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Robinson to approve the regular monthly report for June 2013. ADOPTION FEES/FINES $ 810.00 CONTRIBUTIONS 20.00 TOTALS $ 830.00 REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Robinson to approve the regular monthly report for June 2013. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 18 Building Inspections 28 Business Licenses 10 Electrical 35 Plumbing 21 HVACR 20 ROLL CALL: Aldermen: Elliott, Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: THIRD and FINAL READING ORDINANCE 1488 (#19-2013) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTIES AT THE LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Code Enforcement Officer Jenkins presented a PowerPoint presentation regarding the property at 1610 McArthur Drive. He outlined the progress, noting mostly the work has been cosmetic, but added that Mr. Hargrove has been in constant contact with his office. He related that he has related to Mr. Hargrove that a City Inspector would have to inspect previous work done before new electrical or plumbing work can be requested for inspection. He recommended that the City Council offer Mr. Hargrove a change to rehab the property, saying that he does not believe the City’s best interest would be served by having a vacant lot on that corner. He added that so far Mr. Hargrove has shown good faith. He then answered Mayor Fletcher that permits for the property has been issued. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. Mr. Hargrove answered Mayor Fletcher that he is in the process of hiring a contractor to complete the rehab. He explained that it is his goal to have the project completed by August. Mayor Fletcher suggested and it was the consensus of the City Council to hold Ordinance 1488 (#19-2013) THIRD and FINAL in abeyance pending further consideration if necessary. Code Enforcement Officer Jenkins offered a brief update regarding other properties. He noted that demolition for 207 Dupree has started with the asbestos abatement. He then related that the property addressed as 10 Park Drive has seen some progress but there has been no change regarding the property on Braden except the vehicle has been removed. In response to a question from Alderman Mashburn, City Attorney Bamburg clarified that the condemnation ordinance was adopted so it would not have to be brought back to the City Council. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. 7:00 p.m. PUBLIC HEARING ORDINANCE 1494 (#25-2013) AN ORDINANCE CREATING AND CETIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS FOR THE BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Ordinance 1494 (#25-2013) was addressed under deviation in agenda. b. ORDINANCE 1495 (#26-2013) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR RECONFIGURATION OF THE CITY OF JACKSONVILLE’S WEBSITE AND ENHANCEMENT OF INFORMATION AND SERVICS AVAILABLE THROUGH THE CITY’S ONLINE WEBSITE AND SYSTEM; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. IT Director Barbara McDaniel reported the necessity to upgrade the City’s website, noting difficulties that need to be addressed. She reported that the City does not have any support agreement with the company that originally built the website, pointing out that it has become costly each time she has to have work performed on the website. She stated that contracting with the proposed company will offer the City a very nice upgrade and one year’s warranty with technical support. She explained that the website would be moved to their server, which is a more enhanced server, allowing for the traffic to be moved away the City’s server. She stated that there are several sustainable reasons for the upgrade, noting that it is a necessity for the City’s system and informational services. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. In response to a question from Alderman Mashburn, Director McDaniel stated that this would be her recommendation, noting that the proposed company performed the original upgrade to the City’s website. She explained that it is the same vendor so basically they are the only company that can bring the website up to the point where it needs to be without spending a lot more money. Alderman Robinson questioned if other web designers were contacted. IT Director McDaniel related that when the project was originally bid 5 years ago it cost approximately $50,000.00 to have the website built. She stated that she has not recently checked but added that it would be much more expensive to hire different web designer. Discussion ensued as to bidding the upgrade to determine if a better price could be obtained since technology has gotten increasingly more economical. Alderman Traylor stated that he would prefer it be bid. Ordinance 1495 (#26-2013) was pulled from the agenda pending the out of the bidding process. Mayor Fletcher confirmed that a long list of jobs available within a 75 mile radius of Little Rock has been added to the HR section of the City’s website, adding that this is a great resource for job opportunities. Alderman Bolden confirmed with Human Resource Director Jill Ross that applicants can apply for job positions online. He then noted the importance of the bidding process to obtain the best product and price. c. RESOLUTION 699 (#8-2013) A RESOLUTION IN SUPPORT OF A LOCAL OPTION ELECTION SEEKING VOTER APPROVAL OF LIQUOR SALES BY THE DRINK WITHIN THE CITY LIMITS OF JACKSONVILLE AND REPEALING THE DRY DESIGNATION OF THE OLD GRAY TOWNSHIP; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 699 (#8-2013). Mayor Fletcher noted that Aldermen Sansing and Robinson are the sponsors for this Resolution. Alderman Sansing stated that the City is in the midst of a big push for economic development to bring businesses into the City. He related that the City not having the ability for businesses that want to sell liquor by the drink has been a hindrance and a direct cause for some business to relocate elsewhere. He stated that it is one of the impediments to development for Jacksonville. He noted that the Gray Township was voted 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. dry many years ago and this Resolution supports the local option election. He clarified that this would mean that local citizens would get to vote on their choice now, adding that he is a big proponent on the citizens voting their choice. He stated that he hopes everyone will support this because he feels it would be a boom to the City of Jacksonville. Alderman Robinson concurred, saying that while he personally does not drink, he also feels it will be a big economic development factor for the City. He explained that the better restaurants that his family frequents are in Little Rock and North Little Rock, noting that those restaurants offer alcohol. He urged everyone to support this for the City, saying that this is one of the avenues that can bring growth. At this time, MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 699 (#8-2013). Alderman Ray moved, seconded by Alderman Sansing to approve Resolution 699 (#8-2013). MOTION CARRIED. Mayor Fletcher introduced Jennifer Niemeyer, noting that she had visited him last week at his office, explaining that she recognized the value of Jacksonville being on a level playing field with the surrounding cities. He related that she had “picked up the ball” to lead the charge regarding this, saying that she has worked very hard to organize the effort. He stated that she has taken the petition for this initiative to the streets for a greater involvement. He related that the initiative will require 4,449 signatures to get the initiative on the ballot. Jennifer Niemeyer stated that she is very active with the North Little Rock Chamber and Terry Hartwick, saying that she has been in support with their efforts for the Park Hill area. She stated that with that, she has gotten the petition; she has created maps and zones that have been plotted out within the zones. She related that she knows who the registered voters are within those zones, explaining that they can actually go to those residents and obtain signatures. She pointed out that she has approximately 65 to 70 volunteers that are ready to “hit the streets”. She added that this was something she spoke to Mayor Fletcher about, being able to go door to door to obtain signatures. She noted that the North Little Rock Chamber is almost 65 to 70% finished; saying that Terry Hartwick related to her that it would be on the ballot as of October. She stated that if Jacksonville doesn’t step in, at the same time, it would hurt Jacksonville more than help. She stated that she has packets available with the petitions, adding that she has posters available for anyone wanting to put one up at their business. In response to a question from Alderman McCleary, she related that she would like to have the signatures within the next 45 days. She stated that she “doesn’t see our Jacksonville Chamber, right now, being as 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. active as they could be”. She related that when she goes to look for the petition she has a lot of people who say they do not have the petition or they do not even support it. She added that she would also like to see if there could be a special town hall meeting to educate the residents of Jacksonville of the importance of why we need to be wet for the economic growth and development within Jacksonville. She stated that if we do not - we are going to fall further behind. Mayor Fletcher stated that a room at the Community Center is reserved for th August 6 for a town hall meeting. He noted that citizens can also bring up other issues, adding that it is a good opportunity to find out what is happening in Jacksonville. He stated that in the bigger picture this is an economic development issue. He related that Jacksonville has lost some restaurants to our sister city, saying that Jim Durham, Jay Whisker, and Ricky Hayes have worked very hard by talking to those people and bring their attention to this area. He stated that when a city has a 96 million dollar economic impact, the City of Jacksonville should have every restaurant any city could want. He stated that it is not just about bring restaurants to Jacksonville, adding that he believes it will also make retail more attractive. He noted that they are working with developers outside the State are looking and hopefully recognize the opportunity and potential of Jacksonville. He stated that developers can fill shopping centers with restaurants either inside or on outside parcels. He stated that he does not drink but this is not an issue about that, it is a bigger picture dealing with economic growth. He stated that Jacksonville took a hit on the census and now we need to generate revenue or the options are to cut services because we are not going to raise taxes. He stated that the most logical solution is to raise the tax base. Jennifer Niemeyer stated that if it is brought to Jacksonville, it would also increase the quality of life that we give the community just because it would attract more things, other than just the restaurants. She asked that anyone interested in getting a petition or volunteering to walk the streets see her with any questions. She stated that she is happy to be supporting her city. Director of Administration Jim Durham pointed out that Jennifer and her husband are residents of Jacksonville. He stated that a lot of people may not consider that a million dollar piece of property on the tax rolls that the County is collecting millage for the school district on and a restaurant develops that property into a four million dollar piece of property – it is money for our schools. He pointed out that the more economic development, the more money for our schools. Jennifer Niemeyer related that she and her husband have hometown magazine that goes from Cabot to Hot Springs, adding that they have now created a magazine that will actually be for nothing but Jacksonville. She noted that the businesses in Jacksonville will be able to advertise, she added 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 18, 2013 7:00 P.M. – 7:45 P.M. that they are donating four pages to the City. She noted that three pages would feature the events happening in Jacksonville and one page would be for the Mayor to talk about the positive things happening in Jacksonville. She stated that when she has been out in the community, she has often heard that residents do not know what is going on in Jacksonville. She then explained that she is working with Kevin House on the final page that will be a calendar of Parks and Recreations events. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher updated the City Council on the progress at the shooting range, noting that the metal roof is almost ready to go on; adding that he believes the contractor is hiring another erector crew. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:45 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 10