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02 JUN 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 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 6, 2002 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Twitty arrived at approximately 7:04 p.m. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy Clerk Teresa Carter, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Purchasing Agent C.J. Brown, Police Chief Ruthven, Police Captain Baker, Fire Chief Vanderhoof, Jacksonville Senior Citizens Director Judith Vail, Mr. Tommy Bond, CDBG Director Theresa Watson, Planning Commission Chairman Art Brannen, Parks and Recreation Director George Biggs, Parks Administrator Patty Walker, Mrs. Judy Swaim, Mrs. Lendy Lewis, Justice of the Peace Dennis Sobba, Mr. Jim Peacock, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 16, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 2 May 2002 be APPROVED. MOTION CARRIED. DEVIATION IN AGENDA: Justice of the Peace Mr. Dennis Sobba addressed the City Council regarding problems experienced in the Preferential Primary Election. He explained that figures taken from the poles exceeded the count certified by the Election Commission. He related that it was discovered that approximately 5% of the ballots had not been counted and that it could affect the race for Justice of the Peace District 10, pointing out that there were only ten ballots that separated the race. He stated that he has spoken with the Prosecuting Attorney who is looking into the matter, adding that he does not feel there were any malice intent but rather an inability in handling the election. He related that questions were raised when the electronic touch screen machines were not used for early voting because of a time-related issue regarding programming and ballot printing costs. He stated that an appropriation of four thousand dollars has been requested to be returned. In response to a question posed by Alderman Sansing, Mr. Sobba was unable to offer much hope that the process would be changed through involvement 1 from fellow Justices of the Peace. He offered that inexperience could be one factor regarding a reluctance to become involved. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. It was the consensus that a letter on behalf of the Jacksonville City Council be forwarded to the County Judge regarding concern for proper counting of election ballots. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Wilson that the Regular Monthly Report for the month of May 2002 be accepted. Said Report reflects: REVENUES: 783.50 ADOPTIONS/FINES: 783.50 TOTAL: 783.50 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Wilson that the Regular Monthly Report for the month of May 2002 be accepted. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 27 Building Inspections 51 Business License 18 HVACR 18 Electrical 54 Plumbing 42 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 174 Notice of Noncompliance 59 Property Mowed 13 Vehicles Towed 3 Trash letters 59 Trash Removal 0 Cost for May $532.00 CONDEMNATIONS Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PRESENTATION of the Street Striping for 2002. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Mayor Swaim related that efforts are being made to stripe as many streets as possible within the budget. He stated that streets of major need were given top priority, noting that pavement markers are being installed. PARKS AND RECREATION: PLANNING COMMISSION: FINAL PLAT Western Hills Subdivision Phase I City Engineer Whisker related that the subdivision is almost complete, saying that it only lacks a small portion of curb approximately thirty to forty feet, a silt fence and two minor spots to be graded. He said that the developer has insured him that the work would be completed in a few days. Alderman Wilson moved, seconded by Alderman Smith to approve the Final Plat of Western Hills Subdivision Phase I, lots 1 through 37 contingent that the curb, silt fence and grading are completed within one week and stipulating that lots will not be sold until the work is completed. MOTION CARRIED. Discussion ensued regarding the private drive in the Subdivision and City Engineer Whisker related that curb and gutter for the street is not required by Code because of its private status. He stated that the private drive was constructed to keep vehicles from exiting driveways directly onto Main Street and that the developer choose to make the drive private in order to forego the requirement of curb, gutter and width. It was noted that the owners of the lots adjacent to the private drive would be responsible for maintenance. Mayor Swaim related that the Oak Ridge Ranch Subdivision off Maddox Road has a similar circumstance regarding a private entrance drive. He noted that the Subdivision started as a County subdivision, adding that curb and gutter is planned for the streets inside the Subdivision. GENERAL: a. DISCUSSION: Staffing for seasonal hire Alderman Fletcher related concerns as pointed out to him from a Jacksonville resident regarding the City’s right-of-way mowing responsibilities, especially in the Loop Road area and its ditches. He voiced his concern for the appearance of Jacksonville and asked that a solution be sought even if it requires further costs. Mayor Swaim acknowledged the difficulty under current staffing regarding the City’s ability to maintain right-of-way mowing, saying that the City has not been able to maintain mowing crews. He invited Public Works Director Jimmy Oakley to address staffing issues. Public Works Director Oakley stated that three seasonal hires were budgeted to brush hog, but that it has been difficult to find qualified 3 employees. He related that two employees have been hired and they are hoping to hire a third soon. He related that current crews mow five days a week, saying that it takes approximately two weeks to mow the entire City. He then pointed out that Loop Road is a wet and fast growing area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Alderman Fletcher suggested that rather than looking at hourly labor, the City could divide areas of responsibility, possibly by wards, and mowing could be contracted. He stressed the City’s need to lead by example. Discussion ensued regarding factors involved with staffing and maintaining seasonal positions. It was noted that while seasonal hires make $8.00 an hour, most applicants are looking for full-time employment. Alderman Fletcher suggested that a trial area be contracted. Public Works Director Oakley stated that he could prepare a cost analysis for bid. Mayor Swaim related that because of the limited staff, yard mowing has been contracted but stated that costs ranging from $75.00 to $125.00 make it impossible for the City to afford a contract for the rights-of-way. He explained the difficulty in trying to get competitive bids and monitoring the contracts. He then acknowledged the difficulty in upkeep regarding mowing needs and the wet season. He said that it is hard to attract employees when they can make the same hourly wage working in an air-conditioned McDonalds. Public Works Director Oakley stated that the Foxwood Drainage area was a newly opened drainage that has not been bulldozed, but will be shortly. Alderman Ray sympathized with the City’s staffing problem, saying that as an employee of a large company who hires college students in the summer, they have experienced difficulty with not only keeping a mowing crew but also maintaining the equipment. He related that summer hires are extremely hard on the equipment, which raise equipment maintenance costs. He went on to say that he felt the City is doing a good job regarding the mowing, and that he has noticed many areas outside the City that are grown up. He turned to safety issues, saying that part of the problem is that the City cannot put someone on a tractor without experience. Mayor Swaim related that solutions were discussed among the appropriate department heads and pointed out that the majority of cities in the State do not clean ditches off rights-of-way. He stated that while this is the property owner’s responsibility, the City of Jacksonville is one of the few cities that clean ditches. He stated that it becomes time consuming, but that he feels it is incumbent on the City to do this because Jacksonville is an area where drainage is critical. He stated that even a six-inch build up could create a water backup. He related that while some property owners would maintain the ditches some may not. He then expressed the importance of having qualified employees to operate large 4 equipment, saying that applicants need to be screened closely. As an option, he offered that the City could hire additional full-time street employees, explaining that the current employees are busy with scheduled projects, adding that a trainee is not permitted to operate the large side mower. He noted that he could not remember a summer with a full beautification crew and explained that there is more mowing than time can allow. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Alderman Elliott suggested that a proposal regarding the feasibility for hiring additional full-time employees would be helpful. Alderman Stroud stated that the City has come a long way, and Code Enforcement has done an admirable job. He suggested as a group that City Council view areas in Jacksonville to arrive at a solution for cleaning up areas that would require cooperation between the City and the property owners. He related that some property may have to be condemned, citing the warehouse on Redmond Road as one example. He commended the work performed in cleaning the ditch on Redmond Road. Discussion ensued as to the average length of time required to locate and notify property owners regarding mowing, Public Works Director Oakley stated that once bids are released it takes approximately one week. It was noted that it takes much longer when there is difficulty in locating the property owner. Alderman Twitty related serious conditions on Madden Road across form the High School that needs attention, saying that she believes Code Enforcement is having a problem locating the owner. Mayor Swaim related he is aware of the owner, who has moved out of town because of repeated request from the City to keep his personal and rental property cleaned. Alderman Wilson commended efforts by the City to enforce property maintenance, adding that the City is making progress and that the City Council members can be helpful by observing and reporting violations to Code Enforcement staff. Mayor Swaim related that in his experience as a speaker for various civic clubs, he has come to learn that the property maintenance Ordinance is not popular with all people. He related that while there are those who strongly support the Ordinance, there are others that have very strongly expressed to him that they feel the City is over-stepping its bounds. He stated there are some negative feelings toward the City Council and Administration for what the Ordinance is trying to accomplish. Alderman Fletcher stated that attitude is at the root of the problem, explaining that residents who say their rights are being violated need to understand that you cannot have rights without responsibility. He stated that freedom is not cheap; someone has to die for those rights. He 5 pointed out that if a carport is junked up and has rats, snakes and the grass is overgrown, it affects other property owners who have rights too. He questioned if the City hires additional employees would additional equipment also be necessary. Mayor Swaim stated that additional brush hogging equipment would not be necessary even with additional personnel, but stressed the importance of hiring skilled personnel that can be worked year round. He added that push mower work will be difficult to staff, saying that the City has a large amount of property to be push mowed without a full staff. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Public Works Director Oakley stated that there are four full-time employees in beautification, adding that six seasonal people were hired this week. He related that the beautification crew is responsible for all the lawn maintenance and small rights-of-way regarding medians, intersections, library, Elderly Activity Center, City Hall and other areas of that nature. Alderman Smith stated that he felt the Council would be receptive to proposal, adding that the City is doing a good job and he is sure fast growing areas such as Loop Road become priority. Mayor Swaim reminded Council of the time frame involved with waiting until the next regularly scheduled Council meeting to hire an additional full-time person. He related that the budget could be worked to accommodate the request. He encouraged citizens to report violations or areas of concern. b. AMENDING CDBG BUDGET CDBG Director Theresa Watson stated that her office received a request from the Jacksonville Senior Center to install automatic doors on their north, south and east entrances, adding that in order to fund the project, the 2000 CDBG budget would need to be amended. She explained that there is approximately $5,923.20 left over from the Galloway Park project, which could be amended to add the left over funds to the 2002 Public Improvement Fund. She estimated that the project would be approximately $35,000. Alderman Fletcher moved, seconded by Alderman Smith to amend the 2000 CDBG Budget in the amount of $5,923.20, to be added to the 2002 Public Improvement Fund. MOTION CARRIED. Mayor Swaim stated that the project would be sent to bid. c. ORDINANCE 1180 (#10-02) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS UNINHABITED LOCATIONS LISTED BELOW JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 6 City Engineer Whisker presented a PowerPoint presentation regarding proposed condemnations for the following addresses: 103 Cross Street, 400 Elm Street, 212 E. Main Street, 212 Pine Street, 1002 South Redmond Road, 107 Roosevelt Circle, and 10000 S. Hwy 161. City Engineer Whisker reviewed the degree of dilapidation of each of the properties. He related that 400 Elm Street was burned in a fire two years ago, adding that the insurance company would not pay for the structure to be demolished. He stated that he has given the insurance company approximately nine months to demolish the house and a shed on the rear of the property but nothing has occurred. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. In response to a question from Alderman Wilson, City Engineer Whisker related that the owner, Mr. Tommy Griffin has been contracted and that the had placed a dumpster on the property three months ago, but there has been no further efforts made. City Engineer Whisker related that Mr. Larry Smith, the owner of 107 Roosevelt Circle, contacted him just prior to the meeting. He explained that the former City Engineer had demolished the house directly across the street, which was also owned by Mr. Smith. He sated that he had received numerous letters from Mr. Smith that did not include a requested schedule of repairs. He related that he then sent Mr. Smith a blank schedule for him to complete regarding dates, which was never returned. He then stated that after being unable to obtain any dates from Mr. Smith regarding a schedule of repairs he lost communication. He stated that 10000 S. Hwy 161 is one of the first proposed condemnations, adding that the property owner ended up in Bankruptcy Court and the roof collapsed in the interim. He stated that the structure at 1002 South Redmond Road burned at least four or five years ago, adding that the owner had planned to make repairs but missed several deadlines to complete the work. He related that Mr. Monty Squire is in the audience and can address the condemnation. It was noted that the property is in the process of being sold to Mr. Squire and is currently owned by Mr. Billy Hall. He stated that the property owner of 212 East Main Street had given him deadlines but never met them. He stated that the property owner is in the process of demolishing the property himself. He related that the owner of 212 Pine Street are having problems meeting the deadlines, but added that they have built a new front porch and decking. He stated that the house is almost 75% completed but had not been able to be finished. City Attorney Bamburg stated that all property owners received numerous notices from the Code Enforcement and City Engineer and that all property 7 owners were notified of tonight’s meeting. He related that 10000 S. Hwy 161 is still involved in a bankruptcy that has been pending since 1998, adding that he has attempted on several occasions to remove the property from the bankruptcy. He related that along with filing for bankruptcy the parties have now filed for divorce, relating that cooperation ended at that point. He then related that he has spoken with the bankruptcy trustee charged with the case and informed him of the property’s condition. He added that based on that information and the condemnation from the Council, the Bankruptcy Court is willing to surrender the property to allow for demolition. Mayor Swaim recognized Mr. Larry Smith owner of 107 Roosevelt Circle to address the Council. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Mr. Smith stated that before addressing the issue of his property, he would like to offer information regarding himself and what has transpired. He stated that he moved to Jacksonville in 1980 and bought a house on Roosevelt Circle across the street from 107 Roosevelt Circle. He related that he rented the house for two years before purchasing it, adding that he made an attempt with Tony Ply to obtain finances to rehab the house. He stated that he was never given any information, adding that it was the same every time he tried. He related that he has been in the hospital, but wanted to let the Council know what transpired. He stated that it is easy to just look at the properties, but that there are lives behind each one. He added that each property needs to be judged on its own merit or he feels the Council is making a great mistake. He related that he began fixing 106 Roosevelt out of his own pocket, adding that over a five-year period he as never able to get Tony Ply to cooperate with him. He stated that Mr. Ply did not give him information regarding how to qualify for CDBG funds. He sated that he spent $4,300.00 of his money, adding that many improvements were made but the house was demolished just as he had contacted a bank to assist. He stated that he had informed the City Inspector of his situation, but the house was demolished anyway. He related that he took the case to court and won, but never received any money because people lied in court. He related that in talking about work, he has a family and that his children never missed a day of school and got straight A’s, adding that he has one in college that graduated high school with honors. He related that he has never asked anyone for anything, saying that they have always worked and then went to Mr. Ply and was treated the way he was. He related that he then went to Senator Prior’s Office trying to get help, saying that the City was notified and that the result was that before they could get help the house was demolished. He said now it comes to 107 Roosevelt, saying that he had explained his situation to City Engineer Whisker. He related that Mr. Whisker had made the statement that he lost communication with him, adding that he has copies of letters sent to City Engineer Whisker. He pointed out that he is a man of his word, adding that he wants everyone to be honest and truthful with him. He stated that 8 repairs were being made to 107 Roosevelt Circle, saying that the ceiling has been braced so that the exterior walls can be replaced. He related that right now his family is suffering financially because they have never recovered from 106 Roosevelt even after winning in court. He related that he should be financing his son’s college education, but is unable to because of insensitive people not looking at his situation. He added that it is easy for the City to look at the house, but that the Council members need to call the people themselves because the Inspectors were not honest and forthcoming. He related that the Council was never aware that he had written letters, adding that he communicated with Mr. Cox, but never heard from Mr. Reel until 1996, after the house was demolished in 1994. He related that Mr. Reel went into court and stated he had spoken to Mr. Smith. He stated that the record will prove itself, adding that the it hurt his children to see the house that they had worked on being demolished. He stated that he has never come to Council that he did not hear them acknowledge God to give them wisdom, but that the same wisdom begins with the fear of the Lord. He stated that this is the second time that anyone with condemned properties has showed up for CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. the meeting. He stated that the property owners did not find out their property had been condemned until after, which is why they won in court. In response to a question posed by Alderman Stroud, Mr. Smith stated that he purchased the house at 106 Roosevelt for his mother-in-law and her husband. After some clarifications, Mr. Smith responded that he intended to repair and live in the home at 107 Roosevelt. Alderman Stroud asked if he had applied recently for CDBG funds. Mr. Smith stated that he cannot deal with that anymore, because he is not going to go through the City of Jacksonville. He stated that he went through Mr. Wilson’s bank and was denied. Alderman Stroud related that CDBG has funds available for rehab if the owner is going to live in the home. Mr. Smith stated that he has the material to repair the home, but is unable to do that work right now. Alderman Stroud pointed out that Mr. Smith would not have to perform the work himself, saying that funds up to $25,000 is available for homeowners to repair a home they are going to live in. Mayor Swaim clarified that HUD will not allow rehab of a house if the condition of the house is more than what HUD covers for rehabilitation. Mr. Smith said that the rule would not apply in either case, saying that he had checked with HUD before. Discussion ensued between Mayor Swaim and Mr. Smith who repeatedly 9 interjected that he had never spoken to the Mayor regarding his condemnation because the Mayor had never appeared in court. Mayor Swaim explained that he did not go to court, but had spoken to Mr. Smith over the telephone, as well as the Offices of Mr. Ray Thornton and Mr. Prior. In response to a question from Mayor Swaim, Mr. Smith stated that he lives in Menifee. It was noted that Mr. Ply has not been the CDBG Director for eight years. Mr. Smith became argumentative regarding his position. Mayor Swaim asked that City Attorney Bamburg address the issue of the court case. City Attorney Bamburg stated that Mr. Smith received proper notification regarding the condemnation of 106 Roosevelt Circle. Mr. Smith interrupted that he was only sent one notice. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. City Attorney Bamburg reminded Mr. Smith that he was kind enough not to interrupt him and that he is asking for the same courtesy. Mr. Smith continued, and City Attorney Bamburg interjected that his recollection of the events is markedly different from Mr. Smith’s. Mayor Swaim asked Mr. Smith to please let the City Attorney speak, adding that he would offer Mr. Smith an opportunity to rebut. City Attorney Bamburg stated that in relation to the previous lawsuit, the property was condemned in the process followed by the City. He related that both the Code Enforcement and Engineering Departments addressed the condemnation. He related that the property remained on the condemnation list for a lengthy period, because Mr. Smith had stated that he was attempting to make repairs. He added that the repairs were never completed and the Engineering Department contracted for the structure to be torn down. He stated that during the time Mr. Smith was working on the property he contacted Tony Ply at CDBG and they looked into the viability of providing Mr. Smith with funds to make the necessary repairs. He stated that it was discovered that the necessary repairs were far in excess of the $25,000 cap, adding that Mr. Smith did not have the funds to match the additional repairs that were needed in order for the property to qualify for HUD funding. He stated that during the lawsuit the City attempted to assist Mr. Smith and his wife in addressing the repairs needed at 107 Roosevelt and again did not qualify because the cost of repairs exceeded the value of the home. Mr. Smith stated that what City Attorney Bamburg had stated was not true 10 and asked him to produce papers to support his statements. City Attorney Bamburg resumed saying that all parties have been notified under normal process. He related that after the property at 106 Roosevelt was demolished, Mr. Smith and his wife filed suit against the City for wrongful condemnation. He then related that when it was taken before the court and tried, the court indicated that there were no damages to the parties because the property was not in habitable condition. He stated that at the time the property was condemned Mr. Smith and his family were living in Menifee. Mayor Swaim recognized Mr. Smith to speak. Mr. Smith stated that he knows this will not go any further, because Mr. Bamburg is not being honest. He stated that if we cannot fear God then something is wrong. He stated that Mr. Bamburg was aware that he had not made any attempt with Mr. Ply or anyone else to apply for funds to repair the property at 107 Roosevelt. He stated that City Attorney Bamburg made statements that the Judge allowed them to win and would not give us damages because the house had no value, but it was based on the information that was given in court. He stated that if City Attorney Bamburg is not going to be truthful, then he understands and knows how to deal with the situation. He addressed the members of the Council saying that before he was injured he was working on the house. He stated that CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. he did not know if City Engineer Whisker noted the repairs. He stated that he has photos to prove that not everything City Attorney Bamburg said is true. He again stated that now that he has this knowledge he knows how to deal with the situation. Mayor Swaim asked if the court case was won, why there was no judgment. Mr. Smith stated that there is such a thing as the Constitution and no individual can be deprived of that without due process of law. He related that all the properties that were condemned by the City Council followed by a notice the next day, which was in violation of the Constitution. He added that is the basis for their win in court or else the Judge would not have ruled that way. Mr. Smith argued that the Judge ruled in his favor. Alderman Wilson requested that 107 Roosevelt be addressed rather than discussion of the demolition of 106 Roosevelt. He acknowledged that Mr. Smith has been injured and is recovering, but asked him if there could be anyway that he would be able to complete the necessary repairs to 107 Roosevelt. Mr. Smith stated that he would as he had indicated in his letters. It was clarified by Mayor Swaim, that the request for repairs to 107 Roosevelt had been ongoing for a few years. 11 Mr. Smith stated that the reason he did not address 107 Roosevelt was because he was dealing with the issue of 106 Roosevelt up until 1999. He stated that it went to court in 1999. City Engineer Whisker offered that the first letter sent to Mr. Smith requiring needed repairs for 107 Roosevelt was on September 25, 2001. He related that Mr. Smith answered that letter, informing that he had to go to the doctor. He went on to say that he responded to Mr. Smith’s letter and reminded him that his Office had not received a schedule of repairs. He requested that Mr. Smith provide a schedule of repairs by January 2002, however Mr. Smith was granted additional time. He stated that another letter was sent to Mr. Smith on January 28, 2002, stating that he was in receipt of Mr. Smith’s letter of January 7, 2002, again asking Mr. Smith for a schedule of repairs by February 18, 2002 and that he provided Mr. Smith with a blank schedule for him to fill out. He related that he then received a letter from Mr. Smith stating that work had begun on the house and that he was putting the City on notice that in the first week in November he had been rushed from his job to the heart hospital, but then stated that if the Lord wills the repairs should be finished by the end of December 2002. He stated that he informed Mr. Smith again he would still need a schedule of repairs, adding that none has been forthcoming. Mr. Smith stated that if a schedule of repairs means that he would have to provide a definite date, he cannot do that because of his injury. He stated that he had sent a letter Thursday or Friday of last week. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. City Engineer Whisker related that he has not received the letter. Alderman Fletcher offered that if a schedule of repairs could be submitted, the Council could remove Mr. Smith’s property for the condemned list. Mr. Smith stated that he cannot give City Engineer Whisker a schedule. Alderman Fletcher related that part of the Council’s responsible is also to the neighbors who are affected by the condemned property. He reminded Mr. Smith that since he does not live in the City he does not have to view the property daily as the case of residents living in the neighborhood. He stated that neighbors come to the City as a matter of recourse and that if the City cannot get the owners to repair their property then the Council is left with no other options. He stated that because of Mr. Smith’s hardship he would be willing to offer him an extension, but added that there needs to be an agreed final deadline. He asked Mr. Smith to make an honest effort to show that he wants to rehab the house. Mr. Smith stated that if he could give a definite date he would. He then added that if the Council stated a deadline by the end of the year he 12 could do it by then, but presently he is not able to go to his regular job. He went on to explain that he had two disc removed from his neck, saying that he has no control over that. Discussion ensued regarding Mr. Smith’s physical ability to repair the house if an extension were granted. Mayor Swaim reminded the Council that the house has been in request of repairs for years. Mr. Smith stated that he will leave it alone, thanked the Council for their consideration and took his seat in the audience. Alderman Stroud stated that Mr. Smith is not living in the City, but does own property in Jacksonville. He added that Mr. Smith has a physical condition and cannot determine when repairs can be made to the house, but is willing to let it remain an eye sore to his neighbors. He related that although he feels sympathy for Mr. Smith’s condition, he does not think Mr. Smith feels any sympathy for the City of Jacksonville because 107 Roosevelt has been in a neglected state for years. Mayor Swaim recognized anyone wishing to address the Council. Mr. Monty Squires of Audubon Cove Apartment D in Sherwood addressed the Council regarding the property addressed as 1002 South Redmond Road. He stated that he purchased the building that burned in 2000 from Mr. Billy Hall late last year. He related that he has a building permit that he understands is good for one year. He went on to say that he has spoken with the City Engineer in an effort to work things out. He explained that he bought a house, had it moved, and began remodeling. He stated CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. that he has just finished. He related that the house had become top priority so he was unable to spend a lot of time on the Redmond Road property. He pointed out that he has made some progress, but admitted that the property does need to be cleaned up. He further explained his difficulty with being able to obtain labors to clean the property, but stated that he has put new insulation in the building and has put the wall back up, adding that the walls will be painted, vinyl siding will be added to the front of the building and a new roof added. He stated that right now he is just concentrating on half the building and that the other half is torn down except for a beam that needs to be removed. Mayor Swaim pointed out that the Ordinance has a thirty-day period, and that if anyone who has a condemned property can make significant progress within the next thirty days that property can be reviewed. Discussion ensued regarding what Mr. Squires believed he could accomplish in thirty days. City Engineer Whisker related that the work performed happened in the 13 last couple of weeks. Mr. Squires related that the building will have two overhead doors on the front and there will be a glass opening so there is not much metal that will have to go on the front. Alderman Ray asked for a timetable. Mr. Squires agreed that he could have it done in the next thirty days. He added that he is not sure he could get the electrical done, but will have the site cleaned up. It was clarified that he has an agreement with Mr. Hall to purchase the building and that the agreement is current. Mr. Squires related that Mr. Hall has deferred payments until the building is completed. In response to a question posed by Alderman Stroud, Mr. Squires related that he would use the building for a body repair business. Alderman Stroud asked if the property would be kept up and Mr. Squires assured him that the property would be maintained. Mayor Swaim related that City Attorney Bamburg advises that Mr. Smith and Mr. Squires could be granted thirty days to make significant progress. He stated that he is reluctant to grant thirty days and there be money spent and then in thirty days without significant progress the structures would have to be torn down anyway. He asked the Council to consider if they wanted to grant an extension of time as opposed to condemning, adding that there has to be deadlines. He related that some of the property has been in request for years. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Discussion ensued regarding the poor shape of Mr. Squires’ other location and he was asked what assurances the Council would have that he would not allow the Redmond Road property to fall into the same state. Mr. Squires assured Council that his location will not look like the other, saying it will have a wooden privacy fence. He related that he does not own the other place and that most of the scattered junk does not belong to him. He noted that he leases only a portion of the property. In response to a question posed by Alderman Fletcher, Mr. Squires stated that he understands the conditions under the thirty-day period, adding that he would have already had the building finished if his priority had not been the completion of his house. He stated that in thirty days he can make it look like a building. Alderman Smith concluded that he believes Mr. Smith is saying that he is 14 not able to work on his property and that he is not sure there can be any significant work able to be performed in thirty days. Discussion ensued regarding significant improvements to the properties and Mr. Squires stated that he would be willing to return to Council to update them on the progress. Mayor Swaim stated that the City Engineer will monitor these situations. He then stated that he would be willing to let either or both properties be given an extension of time, but added that there has to be some deadlines. He explained that if the property is condemned then it will have to come back before the Council before it can be removed from the condemnation list. th Discussion ensued regarding the Council meeting of July 4 and the next th regularly scheduled Council meeting of July 18 for a progress review at which time the Council can decide to proceed with the condemnation or remove the property from the list. City Attorney Bamburg stated that the Ordinance needs to go into effect because of the 10000 S. Hwy 161 property and the attempts to have it released by the bankruptcy court. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1180 be th placed on FIRST READING with the understanding that upon passage July 18 the Council will make a decision on 107 Roosevelt and 1002 Redmond Road to stop condemnation or proceed. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the title of the Ordinance and the property addresses as being 103 Cross Street owned by Richard Eade, 400 Elm Street owned by Tommy Griffin, 212 E. Main Street owned by Main Street Bible Church, 212 Pine Street owned by James M. and Shelbe J. Green, 1002 South Redmond Road owned by William Edward and Pamela Hall with purchase agreement from Mr. Monty Squires, 107 Roosevelt Circle owned by Larry L. and Shirley A. Smith, 10000 S. Hwy 161 owned by Billy R. and Frances K. Hubanks. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1180 be accepted on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1180 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Alderman Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1180 on THIRD AND FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Alderman Ray, Wilson, Fletcher, 15 Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1180 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Alderman Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Alderman Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. TH ORDINANCE 1180 AND EMERGENCY CLAUSE APPROVED AND ADOPTED THIS 6 DAY OF JUNE, 2002. He related that all property owners have an ample amount of time to show significant progress, saying that City Engineer Whisker would bring th photographs back on July 18 to review progress. APPOINTMENTS: ANNOUNCEMENT: It was the consensus of City Council to cancel the regularly scheduled meeting of July 4, 2002. Mayor Swaim noted the success of the Air Show, expressing appreciation to the Police Department for their efforts in helping with the event. He related the tragedy of Patrolman White who was killed in a mishap. He stated that he is pleased with the way the Police handled traffic for the funeral. He noted that the electronic sign outside City Hall has been installed and is operational. In response to a question posed by Alderman Ray, Mayor Swaim related that Entergy worked on the lighting for the flagpoles. He then related that through cooperation with Entergy they have established a faster process regarding streetlight repairs. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 6, 2002 7:00 P.M. – 8:29 P.M. Mayor Swaim announced that the Jacksonville Municipal Codebook updates are available in the City Clerk’s Office. Alderman Wilson suggested the possibility of working with organizations within the City regarding a ceremony next Memorial Day at the Monument. He suggested that either a Thursday or Friday might be more successful than traditionally on a Monday when people are not generally in town. He stated that he believes the Community would participate in the ceremony if planned properly. Mayor Swaim agreed, saying that one of the reasons planning for a 16 Memorial Day Ceremony has been difficult is because many people are committed to other events on Memorial Day. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:29 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 17