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00 APR 20.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 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 April 20, 2000 at the regular meeting place of the Council. Mayor Swaim delivered the invocation and led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, City Engineer Duane Reel, CDBG Director Frank Rowland, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. Edith Smith, Mrs. DeDe Hibbs, Ms. Martha Boyd, Deputy of Public Works Jimmy Oakley, Parks and Recreation Administration Manager Patty Walker, Mr. Tommy Dupree, Mr. Terry Sansing, Jacksonville Patriot Reporter Peggy Koury, Leader Reporter Rob Cox, Democrat-Gazette Reporter Larry Ault and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of April 6, 2000 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 16 March 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Wilson moved, seconded by Alderman Ray that the Regular Monthly Report for March of the Jacksonville Police Department be APPROVED. Said report reflects; Total value of reported stolen Property $62,986.00, Total value of recovered stolen property $26,627.00, and Total Report Sales $298.00. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Wilson moved, seconded by Alderman Ray to APPROVE the Report for March of the Jacksonville Fire Department, which reflects a fire loss of $241,500.00, and a Savings Total of $801,000.00. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. Motion received (9) AYE. (0) NAY. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: WATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: PRESENTATION/2000 Street Overlay Program City Engineer Reel related that some streets have been removed from the program because of restraints in the budget. He related that the streets have needed milling before the overlay, which consumes forty percent of the asphalt budget. He stated that this has caused a decrease in the number of asphalt tons that can be purchased. He pointed out that the 2000 program is estimated at approximately 55 hundred tons of asphalt, adding that normally the program consist of 7,000 tons. He stated that the list represents parts of streets instead of whole streets. He related concerns for total bid cost regarding the current price of oil and gasoline. Discussion ensued regarding needed repairs to portions of Valentine Road and budgeted replacement of traffic lights at Main/James and Main/Bailey Streets. Mayor Swaim noted the possibility of funding through the TIP program, adding that the funding mechanism has changed from 100% TIP process to a 70/30 match. He stated that there is 30% guaranteed cities funding and the City of Jacksonville share is $89,000.00 for the 2000-year budget set-aside to provide for TIP projects. He requested those monies be used for expansion of the 2000 overlay project. He related that the full scope of needed street repair is approximately $400,000.00, adding that it could be accomplished with the re-appropriation of funds in the budget. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. In response to a question posed by Alderman Wilson, Mayor Swaim related that operation of the Street department is strictly through State allocated funds for that purpose. Alderman Wilson suggested the use of sales tax funds to complete the original requested asphalt program, adding that use of tax dollars in that manner would greatly be appreciated by the citizens. In response to a query from Mayor Swaim, City Engineer Reel related that South Road would require major reconstruction, approximating $180,000.00 to $200,000.00 for complete repairs from Overland Trail to Oak Street. Mayor Swaim related that bids will be brought back for Council review. PARKS & RECREATION DEPARTMENT: GENERAL: a. Discussion regarding Carport and Yard clean-up Alderman Ray related increased complaints regarding carport and yard clean-up from citizens. He said that he received a picture from a Northlake resident regarding a refrigerator on the front porch of a home in the area and other complaints regarding the careless use of trash bins at an apartment complex on North Jeff Davis. He reviewed that the residents of the area tried to complain to the apartment manager but found that there is not a manager on site. He related other complaints regarding overfilled carports. Alderman Fletcher concurred but stated that legislation would be difficult suggesting that neighborhoods dictate those standards. Discussion ensued as to grass mowing needs as the growing season begins. In response to a request from Mayor Swaim, City Attorney Bamburg stated that the Code Enforcement Department is addressing many issues regarding unsightly conditions, adding that attempts by the City regarding those situations are generally lengthy regarding the litigation process. He pointed out a specific ordinance that addresses some of the issues such as refrigerators and other unsightly conditions. He then related that the Shannon Drive property is involved in an estate matter but is being addressed by the City. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. He stated that while the Code Enforcement Department has citation powers, there are only two enforcement officers to cover the City and their scope of duties includes code enforcement regarding construction matters as well. Mayor Swaim related that in comparison to other cities who have as many as twenty employees in their Engineering Department or a Code Enforcement/Inspection Department that has twelve employees with ten employees in the Planning Department; the City of Jacksonville has three employees in comparison. He stated that the City will continue to work on unsightly conditions within the legal process and its time limitations. He related that construction responsibilities are numerous and pressing given the scheduling involved in the nature of construction. He related that the situation is eased in the winter with the decline in construction and the halted grass-growing season. Discussion ensued regarding the litter situation in the City and Mayor Swaim related that the recent City wide clean up while successful was not long lived. He offered that greater enforcement may require increased employee consideration for Code Enforcement. Alderman Howard stated that he would support a fund increase to maintain stronger code enforcement. Alderman Ray stated that he feels the citizens are concerned and need to be reassured that the City is addressing those conditions. Mayor Swaim related that over 400 letters regarding grass mowing were sent out during the previous grass season. He related citizen concern regarding the passage of the abandoned vehicle ordinance and citizens questioned the authority of the City to legislate personal property. City Attorney Bamburg suggested increasing enforcement before amending the ordinance. Discussion ensued regarding specific complaints and the City efforts to address the needs and desires of citizens without infringement of their rights. Mayor Swaim related the possibility of a summer hire for unsightly conditions. He explained the code enforcement letter process as to the length of time regarding compliance. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. City Attorney Bamburg related that law requires that the property owner be given due process of more than a 24-hour notice unless deemed a true hazard to the public. Alderman Wilson suggested a six-month employee hire to cover the entire growing season. Discussion ensured regarding existing unsightly conditions to which City Attorney Bamburg responded that a notice of removal regarding a burned trailer was sent to the owner of the Parkway mobile home park as well as the mobile home owner with a specific time frame, adding that if not removed by next week they will be cited into court. Mr. Tommy Dupree announced that the Reed’s Bridge Battlefield group is receiving an $8,000.00 grant from Arkansas Power and Light, for which the Mayor will be appearing on channel 7 regarding the cleanup of the Bayou Meto area from Hwy 161 to the Southeast bridge which affects the Park area. He said that funds received from the Game and Fish Commission will be used for shore restoration. He then stated concerns regarding trash constantly being thrown into the area and asked for stronger enforcement to prevent trash being thrown or dumped from vehicles. He offered assistance from area volunteer groups regarding suggestions for helping keep the area from becoming unsightly. Mayor Swaim related that enforcement of the ordinance governing throwing trash from a vehicle must be observed by a police officer or a citizen willing to report that type of activity with information that could identify that person by affidavit. He stated that the City would follow up with suggestions for improved enforcement. b. Discussion Sign Ordinance 1125 (#11-99) Alderman Fletcher related that the ordinance differentiates between churches and schools, saying that both are major contributors to the community and the quality of life. He stated that there are limitations regarding sign placement for churches as opposed to the schools. He also suggested that with the number of churches and the desire for productions at Easter and Christmas he feels that it is unfair if only one church is allowed to advertise for that holiday. Alderman Smith asked if his understanding is that churches can not place signs in rights-of-way but schools by ordinance can. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. Mayor Swaim concurred, adding that another job of Code Enforcement is to keep the rights-of-way clear of signs. Discussion ensued regarding complaints because of the placement of signs in front of a business easements and the impression that the business owner is endorsing the advertisement. Alderman Wilson noted that signs are not included in the purpose of a street easement, but added that it would be alright if a business has no objection. City Attorney Bamburg related that the easements are considered to be public, adding that if the ordinance is modified it will need to specify which type of easements or classification. It was noted that residential areas have a fifty foot and commercial has a sixty foot right-of-way. Discussion ensued as to problems noted regarding the placement of signs directly behind the curb and that some businesses owners have expressed that they would like to advertise in the same manner as the schools and churches. Alderman Wilson stated that it is his understanding that the Planning Commission philosophy was that schools and churches had limited access to advertise for their events. Further discussion ensued and it was the general consensus that permission from the business owner should be obtained before a sign is placed in a business easement. Alderman Fletcher stated that he believes both churches and schools should have the same opportunities for sign placement. Alderman Wilson stated that the Planning Commission proposed schools for sign placement in the right-of-way areas because there are only two high schools as opposed to a possible fifty churches in the area. He went on to say that it was the sentiment of the Planning Commission that two schools advertising in the right-of-way would not be a major concern. He suggested that either schools be allowed to continue or both schools and churches be restricted from the rights-of-way because of volume. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. Alderman Smith moved, seconded by Alderman Gentry to amend by ordinance Section B of Ordinance 1125 and recend the ability for public schools to place signs in public rights-of-way. MOTION CARRIED. Alderman Fletcher raised the question, if sign permission for advertising should be left scheduled on a first come first serve basis. It was the general consensus that the remainder of the ordinance is to stand as previously approved. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim announced the JBIP graduation is scheduled for Monday at 6:30 p.m. at the Community Center. Discussion ensued regarding changes to the Personnel Manual and it was determined that an amendment ordinance be presented at the next regularly scheduled City Council Meeting regarding drug policy changes and that a committee would be formed to consider any further changes. Volunteers will be selected at the next regularly scheduled City Council meeting. Retiring City Engineer Duane Reel thanked the Council for the opportunity to serve and for their support through his tenure. Mayor Swaim related that Duane Reel would be retained for future consultation. CENSUS UPDATE: Human Resource Director Dennis Foor related that the State of Arkansas is currently at 62% with the National Average at 64% and the City of Jacksonville is at 65%. He related that the volunteerism stage is mostly completed, stating that the actual door to door canvassing began April 16th. Mayor Swaim related the importance of being counted, adding that Sherwood and Cabot are currently ahead of Jacksonville in its percentages. He went on to say that these numbers will affect funding made available to the City, mentioning programs administered by the Community Block Grant Programs as well as CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 20, 2000 7:00 P.M. – 7:52 P.M. distribution of the One-Cent County Sales Tax, State Sales Tax and the gasoline tax. He encouraged the citizens to participate and be counted. In response to a question posed by Alderman Wilson, Mr. Foor related that at this stage of the Census Count they will be using trained individuals employed by the Census Bureau. Mr. Foor related that supplemental forms are available at the Jacksonville Community Center and can be delivered if requested. He then related that there is not a deadline regarding the mailing of census forms. Discussion ensued regarding raising the current speed limit on Loop Road and it was determined that complaints regarding speeding between Northeastern and North First has been noted as a problem. Chief Hibbs related that most of the complaints regarding speed is of a nature of excess and most citizens have asked that it be reduced. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:52 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer Verbatim written as a result of drug ordinance submitted by Bobby for May 4, 2000. It was Dennis understanding that the ordinance was to address all issues previously discussed by council not just the drug issues. It was Bobby and my understanding that the drug policy would be passed in an ordinance alone and other issued would be handled by committee recommendation. Alderman Elliott “One thing I know we’ve left hanging is on our personnel manual – Do we need to bring that back up so that we can get something going on that, cause I know we got some things hanging to do with drug policy and some personnel issues that need to be addressed that we need to get something brought to a head on that I believe to where we can give them something to work with. Mayor Swaim “My recommendation at least at this time would be – we studied this thing back and forth and I think Dennis has got some more information tonight, is that we need to pass the ordinance because of the changes in the drug situation, that we do that and maybe just form a committee or the standing committee to try to get those other changes, study those other changes and get those done at a later date, if that’s…” Alderman Elliott “I feel that we need to go ahead and get our manual approved and give em something to work with on the other issues that they need. Do we need an ordinance prepared to do that?” Mayor Swaim “Yes we will need, bring it to our next City Council Meeting.” Alderman Wilson “As long as we don’t forget to get a committee to look at those.” Mayor Swaim “Ok, we’ll accept volunteers for the committee next Council meeting.”