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13 JUN 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 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 June 18, 2013 at the regular meeting place of the City Council. Alderman Howard delivered the invocation and Vice Mayor Elliott led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Bolden, McCleary, Sansing, Ray, Twitty, Robinson, and Howard answered roll call. Vice Mayor Elliott also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7), ABSENT (3). Mayor Fletcher, Aldermen Mashburn and Traylor were absent. 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. PRESENTATION OF MINUTES: Vice Mayor Elliott presented the minutes of the regular City Council meeting of June 6, 2013 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Robinson that the minutes of the regular City Council meeting of 16 May 2013 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for May 2013. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 11 Building Inspections 44 Business Licenses 13 Electrical 42 Plumbing 39 HVACR 19 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the Regular Monthly Report for May 2013 regarding annual crime statistical comparisons. Code Enforcement for May 2013 Assigned Calls 65 Self Initiated Calls 460 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. Follow ups 441 Basketball Goals 1 Meetings/Court Hearings 177 Structures Inspected 24 Citations/Warnings Issued 0 Rental Properties Inspected 6 Notices/Letters Written 156 Properties Red Tagged 2 Vehicles Tagged 10 Search Warrants Served 3 Vehicles Towed 3 Structures Rehabbed 0 Lots posted 138 Structures Condemned 4 Signs removed 139 Houses Demolished by City 5 Trash cans tagged 0 Houses Demolished by Owner 2 Parking Violations 5 Grass Letters 99 Grass Mowed 63 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for May 2013 from the Jacksonville Fire Department, reflecting a fire loss of $1,750.00 and a savings total of $0.00. ROLL CALL: Aldermen: Bolden, McCleary, Sansing, Ray, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PUBLIC HEARING 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. Vice Mayor Elliott opened the public hearing at approximately 7:03 p.m. Code Enforcement Officer Charley Jenkins offered a PowerPoint presentation of a property addressed as 1610 McArthur Drive. He offered documented evidence of his efforts to contact the property owner as well as any mortgage holders. He then reviewed the specific circumstances and photographs that have lead to the property being proposed for condemnation. He reviewed that he became aware of the property at 1610 McArthur Drive on May 1, 2013. He stated that the yard and bushes were overgrown and there appeared to be plywood hanging down on the outside of the house. He stated that upon further investigation he discovered an immediate cease and desists order issued in 2011 that was attached to a building that was attached to the house. He clarified that it was an out building but it was attached to the house. He explained that he researched the order and Manny Browder the building inspector told him that the owner failed to comply with Code at that time, so they issued a cease and desist order on 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. the renovations of the property. He added that there has been no effort to renovate the property since that point. He then noted that the property has $785.15 in arrears of back taxes. He stated that the owner of record is MDH Properties and they were notified of the property being nd a public nuisance on May 13, 2013. He stated that on May 22 he was contacted by the owner, Mr. Hargrove who is in attendance. He was told by Mr. Hargrove that he had been sick and has not had the opportunity to rd continue working on the house. He explained that on May 23 he and Mr. Hargrove toured the inside of the house, documenting the inside of the home. He noted that the house appeared to have been under renovation at one time, pointing out that there was construction debris. He stated that on the outside of the home he documented that there was a large section of plywood hanging down on the roof section that attached the outbuilding to the house exposing the HVAC duct work on the outside. He noted that an electrical permit had been pulled on the renovation but no inspections were every conducted, adding that he was unable to find where a plumbing permit had been taken out. Mr. Michael Hargrove addressed the City Council, explaining that he had fallen ill over 5 years ago and had to have a liver transplant. He stated that his health was good for a number of years and then following the purchase of this house for renovation, his health again declined and he was placed back into treatment. He stated that he was unable to work during the treatment and was placed back into the hospital around Halloween and was not released from treatment until January 4, 2012. He stated that he was left in a weakened state that still would not allow him to work. He explained that after regaining some strength he contract Hepatitis and again returned to treatment. He related that he is still in treatment and has another 18 weeks to go. He added that he has only been back on his feet in the last three weeks, saying that he immediately contacted Code Enforcement. He apologized, saying that it was never his intention for this project to take two years. He stated that he has the funds to finish the house but currently does not have the strength to work at this time. He explained that he hired a plumber and was not aware that he did not take out a permit before beginning the job. He stated that he has since hired a new plumber, Ballard Plumbing. He stated that he usually does these renovation projects during the winter, saying that he believes once the house is renovated it will make a fine home. In response to a question from Alderman Howard, Mr. Hargrove stated that he would need 18 weeks to complete his treatment before being able to work. He then answered that he believes the house could be completed finished in 6 weeks. He then agreed that if the City Council directed he would tear down the outbuilding. He noted that the house is fully insured and he has done his best to keep the yard cut. He added that he hired a company to do that when he had equipment repair issues. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. In response to a question from Alderman Robinson regarding the back taxes, Mr. Hargrove explained that he had personal issues with a girlfriend/business partner that he had to sever both the personal and business relationship, which took until now to get her removed from the incorporation. He stated that he has full control of the company now and has the money to pay the back taxes. Alderman Robinson stated that he had gone by the property, questioning the reason Code Enforcement Officer Jenkins is proposing to condemn the property. Code Enforcement Officer Jenkins stated that the reason the property is being condemned is because it has been an ongoing case since 2011. He pointed out that Mr. Hargrove did not comply with the Code, saying that it is a nuisance structure. He stated that it is not necessarily in a dilapidated condition, but dilapidation is not the only reason to condemn a property. He stated that a property is condemned when it becomes a public nuisance and eyesore and that is the basis of bringing this condemnation to the City Council tonight. He pointed out that the property set for two years without having anything done and no action was taken to even mow the yard until he took action against the property. He stated that this is his basis for bringing it to the City Council for condemnation, saying that the property is a public nuisance. Alderman Bolden clarified with Mr. Hargrove that he has the funds to repair the home and pay the taxes, he then clarified with City Attorney Bamburg that if the ordinance is passed the way it is written it allows Mr. Hargrove 30 days to bring the property into compliance. He then explained to Mr. Hargrove that the City Council would need a date within the next 30 days that the property would be finished. Mr. Hargrove stated that 30 days would be a challenge, saying that he would have to pay someone to do everything without his being able to do the work himself. Discussion ensued and Mr. Hargrove clarified that he has not contacted the original electrician about completing the job because he is still in treatment for the next 18 weeks. He admitted that he has not made any progress because he is just now back on his feet. He stated that he is not sure he can have the whole house completed in 30 days but he would be willing to try. He stated that even if he paid someone an extra $10,000.00 to do the work it would take time to put in new floors, cabinets, and countertops. He stated that his life savings is in the house so he has a lot riding on the house. He stated that if he had known that he was going to fall ill, he would never have taken on this project. Alderman Bolden stated that the City Council can offer him 30 days and will be willing to look at the progress in 30 days. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. Mr. Hargrove stated that he will have his plumber on the job this week and will contact his electrician tomorrow. Code Enforcement Officer Jenkins stated that he would like to point out that when Mr. Hargrove was on his feet and in good health he did not comply with Code by getting the proper permits. Vice Mayor Elliott closed the public hearing at approximately 7:23 p.m. Alderman Robinson stated that he would like to see the City work more with the property owners before it is given to the City Council for condemnation. He went on to say that he feels Mr. Hargrove should be given more time to complete the house. He suggesting giving Mr. Hargrove 60 days and then return to the City Council instead of 30 days and then the City Council extends for another 30 days. He stated that he would like to amend for a 60 day timeframe. Alderman Bolden pointed out that the owner is contacted with enough time, but waits until the last minute to come in. He noted that Officer Jenkins commented that when Mr. Hargrove was in good health he was not in compliance, saying that the whole concept has to be taken into consideration. Alderman Ray concurred, explaining that the Ordinance would still give him 30 days to make progress on the house before returning to the City Council. Mr. Hargrove thanked the City Council, adding that he would address the tax issue immediately. Alderman Sansing clarified with Mr. Hargrove that even if the Ordinance is passed, he would still have 30 days to try and bring the home into compliance before reporting back to the City Council on his progress. Mr. Hargrove stated that he does understand, adding that he would like to let City Council know that all the notices were actually sent to the property address. He stated that the day he bought the house he came to City Hall to talk to the permit office, giving them his information and letting them know of his plans to renovate the home. He stated that if he had not been back on his feet the notice for this meeting would have went to the project house address instead of his home in Beebe. He stated that he would not have known about this meeting if he was still off his feet, adding that three weeks ago he was able to walk again and immediately contacted Code Enforcement. Alderman Sansing moved, seconded by Alderman Ray to place Ordinance 1488 on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordnance 1488 (#19- 2013). 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. Alderman Ray moved, seconded by Alderman Bolden to accept Ordinance 1488 on FIRST READING and table Ordinance 1488 until the next regularly scheduled City Council meeting. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE 1488 (#19-2013) WAS HELD IN ABEYANCE UNTIL THE NEXT REGULARLY SCHUELDED CITY COUNCIL MEETING OF JULY 2, 2013. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 697 (#6-2013) A RESOLUTION IN SUPPORT OF AND AUTHORIZINIG A TRANSFER OF OWNERSHIP OF CERTAIN PROPERTY DESCRIBED HEREIN (GENERAL DESCRIPTION: 400-500 BLOCK OF SOUTH REDMOND ROAD AT ITS INTERSECTIONS WITH MUNICIPAL DRIVE AND HWY. 67/167) TO CLARIFY AND CERTIFY PROPERTY LINES AND RESPONSIBILITIES OF THE CITY IN FUTURE DEVELOPMENT OF SAID PROPERTY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 697 (#6-2013). City Attorney Bamburg related that the Highway Department is redoing Hwy. 67/167 as part of their expansion, explaining that the project will increase the size of the intersections at Redmond Road & Municipal Drive and Main Street & Hwy. 67/167. He stated that the City needs to transfer some property ownership to expand the easements that are in those areas. He clarified that this requires a Resolution from the City Council. He then explained that because the terms have not been completed regarding issues over evaluation, there is a clause providing the Mayor and his designated agent authority to negotiate those terms. At this time MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 697 (#6-2013). Alderman Ray moved, seconded by Alderman Bolden to approve Resolution 697(#6-2013) in its entirety. MOTION CARRIED. b. ORDINANCE 1489 (#20-2013) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURCHASE OF EIGHTEEN THOUSAND (18,000) TONS OF CLASS 7 AGGREGATE FOR THE JACKSONVILLE SHOOTING RANGE PROPERTY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1489 on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. NAY (0). Alderman Robinson ABSTAINED. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordnance 1489 (#20-2013). Alderman Ray moved, seconded by Alderman Bolden to accept Ordinance 1489 on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. NAY (0). Alderman Robinson ABSTAINED. MOTION CARRIED. ORDINANCE 1489 (#20-2013) WAS HELD IN ABEYANCE UNTIL THE NEXT REGULARLY SCHUELDED CITY COUNCIL MEETING OF JULY 2, 2013. Alderman Sansing stated that while he is generally not in support of waiving competitive bidding, he has been assured that these are good competitive prices and nothing is to be gained by putting out for bid. Vice Mayor Elliott noted that he believes it is also a case of sole source. c. ORDINANCE 1490 (#21-2013) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE TRANSPORT OF EIGHTEEN THOUSAND (18,000) TONS OF CLASS 7 AGGREGATE FILL FOR THE JACKSONVILLE SHOOTING RANGE PROPERTY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Bolden to place Ordinance 1490 on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. NAY (0). Alderman Robinson ABSTAINED. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordnance 1490 (#21-2013). Alderman Ray moved, seconded by Alderman McCleary to accept Ordinance 1489 on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Twitty, and Howard voted AYE. NAY (0). Alderman Robinson ABSTAINED. MOTION CARRIED. ORDINANCE 1490 (#21-2013) WAS HELD IN ABEYANCE UNTIL THE NEXT REGULARLY SCHUELDED CITY COUNCIL MEETING OF JULY 2, 2013. APPOINTMENT(S): ANNOUNCEMENT(S): Vice Mayor Elliott reminded the City Council that their next City Council meeting has been rescheduled to Tuesday, July 2, 2013. stnd FestiVille will be held June 21 and 22 at Dupree Park. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 18, 2013 7:00 P.M. – 7:39 P.M. ADJOURNMENT: Without objection, Vice Mayor Elliott adjourned the meeting at approximately 7:39 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8