13 NOV 21CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 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 November 21, 2013 at the regular meeting place of the City Council. Alderman Bolden 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, Mashburn, Traylor, Twitty and Robinson answered roll call.
Vice Mayor Elliott also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (1). Mayor Fletcher was out of town.
Others present for the meeting were: City Attorney
Robert Bamburg, IT Director Barbara McDaniel, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross,
City Engineer Jay Whisker, Parks and Recreation Director Kevin House, Police Chief Gary Sipes, CDBG Director Theresa Watson, Fire Chief Alan Laughy, 911 Communications Director Tabby
Hughes, Code Enforcement Officer Charlie Jenkins, Planning Commissioner Jim Moore, Johnny Simpson, Attorney John Ogles, Keith Webber, Freddie Booker, interested citizens, and members
of the press.
PRESENTATION OF MINUTES:
Vice Mayor Elliott presented the minutes of the regular City Council meeting of November 7, 2013 for approval and/or correction at the next
regularly scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Ray moved, seconded by Alderman Bolden that the minutes of the regular City Council meeting
of 17 October 2013 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Mashburn to approve the Regular
Monthly Report for October 2013 regarding annual crime statistical comparisons.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Mashburn to approve
the regular monthly report for October 2013 from the Jacksonville Fire Department, reflecting a fire loss of $10,500.00 and a savings total of $168,500.00.
REGULAR MONTH REPORT/ANIMAL
CONTROL
Alderman Ray moved, seconded by Alderman Mashburn to approve the regular monthly report for October 2013.
ADOPTION FEES/FINES $2,000.00
CONTRIBUTIONS 25.00
TOTALS $2,025.00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
ROLL CALL: Aldermen: Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and
Robinson voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENTS:
FIRE DEPARTMENT:
POLICE DEPARTMENT: a. PUBLIC HEARING ORDINANCE 1504 (#35-13)
AN ORDINANCE CREATING
AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY;
AND, FOR OTHER PURPOSES.
Vice Mayor Elliott opened the public hearing at approximately 7:02 p.m.
Code Enforcement Officer Charley Jenkins stated that he is presenting 93 properties
liens regarding property maintenance. He related that the City mowed 370 lots representing 117 properties, adding that the total costs of the liens is $51,454.74.
Discussion ensued
regarding three lots in the Stonewall Subdivision, Alderman Bolden concurred with Code Enforcement Officer Charley Jenkins that any liens were assigned correctly to the previous property
owners.
City Attorney Bamburg clarified that one of the lots has had several liens in the past, explaining that Code Enforcement and his office has been in touch with the Bank who
will be responsible for the lien. He noted that if the issue is resolves prior to the filling of the liens it will be removed from the lien list.
Attorney John Ogles addressed the
City Council, stating that he represents Jack Krepps the owner of 144 North Avenue. He questioned the lien amount of $703.91 as being an unreasonable amount for mowing.
Code Enforcement
Officer Charley Jenkins offered a breakdown of the costs, explaining that the property is considered a small yard but all costs incurred by the City to mow the property is part of the
total. He explained that the assessment amounts are $100.00 per mowing for small yards and $200.00 for large yards. He then answered that the yard was mowed four times, explaining
that the front yard is small but the back yard extends out. He noted that the person from Parks and Recreation who mows the yard would make the determination if the yard is considered
to be small or large.
Attorney Ogles stated that he felt $100.00 per mowing for a small yard is excessive.
Code Enforcement Officer Jenkins offered the City Council photographs of
the yard before being mowed.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
City Attorney Bamburg noted that in additional to the costs incurred by the Parks and
Recreation Department for mowing, the City Council has approved administrative fees as well as a $25.00 fee for yards that are mowed on a repeated basis.
In response to a question
from Alderman Ray, Mr. Ogles stated that he is challenging the cost, adding that he feels the amount to be excessive.
City Attorney Bamburg informed the City Council that if the fee
is adjusted for this property it would have to be adjusted for all properties.
Police Chief Gary Sipes stated that the Parks Department has more important jobs than cutting yards.
He stated that the City is not a cheap alternative for residents that do not maintain their property. He reminded the City Council that property owners are notified in advance and given
an opportunity to avoid any lien charges. He noted that Mr. Krepps was notified at the beginning of the year and went to the Board of Adjustment for an additional extension of time
but still did not take care of the issues. He stated that Mr. Krepps has not done anything to avoid these lien charges.
Vice Mayor Elliott noted that some property owners were letting
the City mow their yards rather than them doing it themselves.
With no further comments, Vice Mayor Elliott closed the public hearing at approximately 7:11 p.m.
Alderman Ray moved,
seconded by Alderman Sansing that Ordinance 1504 be placed on FIRST READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1504.
Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1504 on FIRST READING
and suspend the rules and place Ordinance 1504 on SECOND READING. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1504.
Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1504 on SECOND READING and to
further suspend the rules and place Ordinance 1504 on THIRD and FINAL READING.
Alderman Sansing stated that 144 North Avenue is in his Ward and he is aware that several notices were
sent to the property owner. He added that the way to prevent these lien charges is to take care of the property.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1504.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1504 be APPROVED
AND ADOPTED. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED
1504 THIS 21st DAY OF NOVEMBER 2013.
b. ORDINANCE 1503
AN ORDINANCE AMENDING AND CORRECTING ORDINANCE NO. 1494 (#25-2013) AND RE-CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS
LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES.
City Attorney Bamburg noted that
Ordinance 1494 was adopted in July, explaining that there were discrepancies regarding the legal descriptions for a few of the properties. He stated that this Ordinance is being proposed
to correct those discrepancies in order to have them filed on County record and have the liens to be assessed appropriately. He clarified that passage of Ordinance 1503 will replace
Ordinance 1494, emphasizing that it will not assess double liens.
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1503 be placed on FIRST READING. ROLL CALL: Aldermen
Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1503.
Alderman
Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1503 on FIRST READING and suspend the rules and place Ordinance 1503 on SECOND READING. ROLL CALL: Aldermen Bolden, McCleary,
Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1503.
Alderman Ray moved,
seconded by Alderman Sansing to APPROVE Ordinance 1503 on SECOND READING and to further suspend the rules and place Ordinance 1503 on THIRD and FINAL READING. ROLL CALL: Aldermen Bolden,
McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1503.
Alderman Ray
moved, seconded by Alderman Sansing that Ordinance 1503 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Bolden, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty and Robinson voted AYE.
NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2013
7:00 P.M. – 7:20 P.M.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1503 THIS 21st DAY OF NOVEMBER 2013.
STREET
DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL:
APPOINTMENT(S): CENTRAL ARKANSAS LIBRARY SYSTEM (CALS)
Alderman Ray moved, seconded by Alderman
Bolden to recommend the appointment of Kirby Miraglia to the Central Arkansas Library System for a term to expire 12/31/2016. MOTION CARRIED.
ANNOUNCEMENT(S): Holiday Lighting Ceremony
will be held December 6th @ 6:30 p.m. at City Hall.
ADJOURNMENT: Without objection, Vice Mayor Elliott adjourned the meeting at approximately 7:20 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer