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04 OCT 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 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 October 7, 2004 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Twitty was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief Vanderhoof, Police Chief Baker, CDBG Director Theresa Watson, Water Department General Manager Ken Anderson, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Helen Stroud, Mr. Larry Wilson, Mr. George Gage, 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 September 16, 2004 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 Lewis that the minutes of the Regular City Council Meeting of 2 September 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for August 2004. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 24 Building Inspections 113 Business License 12 HVACR 89 Plumbing 88 Electrical 52 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 112 Notice of Noncompliance 4 Property Mowed 29 Towed 1 Trash Letters 14 Trash Removal 0 CONDEMNATIONS Cost for December $1,621.88 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for September 2004. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 26 Building Inspections 94 Business License 16 HVACR 74 Plumbing 87 Electrical 38 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 117 Notice of Noncompliance 3 Property Mowed 14 Towed 0 Trash Letters 36 Trash Removal 0 CONDEMNATIONS 3 Cost for December $2,354.50 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 City Engineer Whisker related that the Inspection Department has averaged 17 inspections daily during the month of August and 14.5 inspections daily for September. He related that over 1,000 grass letters have been sent thus far this year, including the time when the Inspection Department was down one employee during June and July. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PARKS & RECREATION: RESOLUTION 578 (#5-04) A RESOLUTION EXPRESSING SUPPORT FOR THE APPLICATION OF A TRAILS FOR LIFE GRANT WITH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Sansing to read Resolution 578. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 578. Alderman Stroud moved, seconded by Alderman Lewis to approve Resolution 578. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: 2 PLANNING COMMISSION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. GENERAL: a. ORDINANCE 1233 (#17-04) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1233 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1233. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1233 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1233 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1233. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1233 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1233. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1233 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1233 THIS 7 DAY OF OCTOBER 2004. b. ORDINANCE 1234 (#18-04) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §13.16 REGARDING WATER USER RATES ASSESSED; CREATING JACKSONVILLE MUNICIPAL CODE §§13.16.011 – 13.16.015; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1234 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, 3 Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1234. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. Mayor Swaim noted that General Manager Ken Anderson and two Water Commissioners are present in the audience to address questions, adding that the Ordinance is presented for acceptance on first reading with a public hearing to be held at the next regularly scheduled City Council meeting. Mr. Ken Anderson expressed his hope to see the Ordinance adopted by the City Council so the Department can build the proposed projects over the next few years to continue to provide water to the City, noting that 2020 is the project goal. He pointed out that Jacksonville water rates were th ranked 18 lowest in the State. In response to a question from Alderman Fletcher, Mr. Anderson replied that the Water Commission was created in 1978, adding that the projections by the Water Commission regarding future water needs have always been necessary and completed as projected. It was noted that the current project would meet water needs through the year 2020 with a population of 35,000 including serving other water user associations around Jacksonville. In response to a question from Mayor Swaim, Mr. Anderson agreed that the project does include a new future water source to replace the wells that are becoming low. He stated that the wells are expected to be unusable in the next 12 to 15 years, adding that the proposal is to switch from a ground water source to a surface water source. He related that the project is a proposed shared project with other communities to build a line to Central Arkansas Water’s plant in Little Rock. In response to a question from Alderman Fletcher, Mr. Anderson related that engineers have calculated the wells aquifer levels and their depletion dates. Mayor Swaim noted that the study took into account the aquifer fall and the present use to determine the depletion date. He then questioned the possibility of the wells regenerating over time for reuse at a later time. Mr. Anderson stated that with farmers continuing to pump water, he is not certain that would be a possibility. He added that the City uses only a small amount of the water that is pumped from the ground. It was noted that water tables are typically dropping nationwide and above ground water sources are being investigated. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1234 be 4 APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. c. DISCUSSION Yard Maintenance Enforcement CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. Mr. George Gage stated that he has been a resident of Jacksonville for approximately 43 years, but has experienced issues with the City of th Jacksonville for the last 10 years. He stated that on August 6 he received a letter from the City to mow his grass at 515 South Road, explaining that before he mowed the grass he had Alderman Howard view the property. He said the grass was not very tall but he did mow the thth property between the 6 and 13 of August. He then explained that around st the 1 of September the City had his mobile home park mowed and sent him a bill for $218.00. He stated that the City only mowed half of the park, adding that previously he had the entire Park mowed for $35.00. He presented a letter to verify that he had the Park mowed. He then cited areas in town where the grass was higher than his grass when he received the letter from the City. He stated that he did not feel that he is being treated fairly. He presented photographs of other areas in town regarding tall grass and unsightly conditions. Mayor Swaim noted that the City bids to have properties mowed. Mr. Gage stated that his point is that he mowed the grass but the City still had someone come out and mow again. He then presented photographs of his Park with underpinning missing from one of the trailers, adding that he was notified by the City to correct the situation. He then added that he is aware of a mobile home park in the City that the Code Enforcement Officers never investigate for violations. In response to a question posed by Mayor Swaim, Mr. Gage refused to supply the City with the address of the Park so that the City could investigate his claims. Mayor Swaim then explained that property owners who are notified regarding violations are usually generated from complaints. Mr. Gage continued to supply photographs to the City Council of other areas in town he viewed as areas being ignored by the City Code Enforcement Officers. In response to a question posed by Alderman Stroud, Mr. Gage stated that he is only aware of two letters that he has received this year for non- compliance issues. Alderman Stroud pointed out that City records indicated that Mr. Gage was sent four letters. Mr. Gage stated that two letters were all that he could recall. 5 Alderman Stroud pointed out that in the last two months the City has sent 229 grass letters and 43 properties were mowed, adding that over 1000 grass letters have been sent year to date. Discussion ensued regarding the City mowing the property approximately th two weeks following Mr. Gage’s claim to have mowed between the 6 and the th 13of August. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. City Engineer Whisker related that Mr. Gage called Alderman Twitty to view the property, adding that he was present. He related on that occasion he talked with Mr. Gage who informed him that he had not mowed the entire property because one of the lots mows their own property and another place was not done because Mr. Gage’s weed eater was broken. Mr. Gage stated that what he had told the City Engineer was that sometimes his weed eater breaks and Code Enforcement Officer Marty Sanady threatened to have the property mowed where Mr. Gage had not cut with the weed eater. Following a comment from Alderman Smith, Mr. Gage presented a tall stalk of grass, which he stated he took from in front of the Leader Newspaper property. He stated that someone from the Leader Newspaper had related they received a letter from the City to mow the property but that the property did not belong to the Leader Newspaper. He went on to say that the Leader Newspaper had called the City several times to have the property mowed but that it has not been mowed. City Engineer Whisker stated that according to his records, the property has been mowed three times and the owner was billed each time. He noted that the property was mowed as of last weekend. He explained the time involved with mailing notification to the owner and then having the property placed on a bid list for mowing, adding that the process would have begun approximately 3 weeks before being mowed. In response to a question posed by Mayor Swaim, City Engineer Whisker related that the owner of the property has been the same owner for the past 3 years. He stated that there is a new Code Enforcement Officer that has been training who is now coming up to speed with some of the nuances of the areas. In response to a question from Alderman Lewis regarding the photographs circulated by Mr. Gage, City Engineer Whisker related that he has become aware of two properties through Mr. Gage and those have been reported to Code Enforcement regarding debris. A dispute ensued regarding property that Mr. Gage showed Alderman Stroud the previous year; Mr. Gage claimed the property was never cleaned up. 6 Alderman Stroud disagreed, noting that not only was the property in question mowed, but also the owners removed a dilapidated house. He stated that anytime a condition has been reported to the Code Enforcement Department it has been handled, adding that it can take as long as three weeks. He stated that the amount of time involved in the process is part of the frustration for adjacent property owners. He addressed Mr. Gage’s statement of not being notified a second time by the City that the grass needed to be mowed, saying that the City should not have to tell people when their grass needs to be cut. He stated that on first review one could feel sympathetic toward Mr. Gage’s cause, however, after driving through all the trailer parks in that part of town there are at least six trailer parks that should be condemned because of the substandard CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. housing conditions. He stated that he has alerted Code Enforcement to the substandard conditions. He noted that Mr. Gage has property of substandard conditions spread over various areas in town. Mr. Gage related a situation in which a trailer was condemned by the City, adding that it only took him four hours to fix the problem. Mayor Swaim recalled that the entire park had been considered for condemnation. Mr. Gage stated that regarding the 30-day period for condemnation he had been told by Alderman Howard that other people have been given extensions. Mayor Swaim clarified that extensions are granted by the City Council not himself. Mr. Gage continued to state that he feels targeted by the City of Jacksonville. Mayor Swaim pointed out that out of 1,000 letters sent by the Engineering Department, only 4 were to Mr. Gage, questioning how he could feel targeted regarding that ratio. Mr. Gage continued to complain that other properties are ignored while he is warned if his grass grows higher than 8”. Mayor Swaim reiterated that the Department operates mostly from complaints, asking Mr. Gage to offer the addresses of the properties that concern him. Discussion continued with Mr. Gage complaining about the practice of the Code Enforcement Department, while Mayor Swaim endeavored to explain that Mr. Gage is not being singled-out and that Code Enforcement mainly operates from complaints called into City Hall. He asked Mr. Gage to understand that the City Council has passed the Ordinance and requested 7 its enforcement, which is what the Department is trying to do. Other issues were raised regarding surrounding properties and other properties in town, Alderman Ray explained that if there is an area that needs attention the City would continue to contact owners out of compliance. In response to a question posed by Mayor Swaim, City Engineer Whisker stated that Mr. Gage did mow part of the property, but feels that if a letter is sent the owner should realize that the City is requesting that the entire property be mowed. He added that on occasion letters have been resent if only a partial part of the property were mowed. Mr. Gage stated that the person the City hired to mow his property also mowed 50 to 75 feet of Davidson’s property. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. City Engineer Whisker stated that he had written Mr. Gage a letter today, which is to be mailed tomorrow. He related that the letter states that the City will forgive the invoice for the $218.00, adding that it also states that if he only mows part of his property any future invoices would not be forgiven. Mayor Swaim asked City Engineer Whisker to retrieve the letter and give it to Mr. Gage. Alderman Fletcher related that the City has made a tremendous effort to clean up the City, explaining the importance of appearances. He added that the City has an obligation to respond to complaints. Mayor Swaim read the letter from City Engineer Whisker to Mr. Gage and presented it to Mr. Gage. He noted that the decision was made prior to Mr. Gage appealing to the City Council. Mr. Gage asked if the other property would be mowed. City Engineer Whisker stated that the Code Enforcement Department has been notified and will begin the process. Mr. Gage then complained about a large tree that fell on a property adjoining his park, which was not acted on by the Code Enforcement Department when they viewed his property. Mayor Swaim stated that the City Attorney advises tree situations are civil matters between neighbors. Mr. Gage stated that he has a letter from the City to mow the easement on property at 3500 West Main, which he states two engineers and Mr. Ben Rice have determined is not his property. He went on to say that he did not mow the property as requested by the City and received a bill for $18.00, adding that he refuses to pay the bill. He stated that he has a 8 map that is 37 years old that shows the property is not his. In response to a question from Alderman Ray, Mr. Gage explained that the property consists of 18’ outside his fence to the street. City Engineer Whisker explained that Lakeside is an older street in Jacksonville, adding that the street width is 18’ and the measurement between the fences is 50’, which is the property right-of-way. He stated that Mr. Gage placed his fence on the actual property line, and Mr. Gage was asked to mow the street right-of-way as he was also asked to do with another piece of property. He continued that Mr. Gage mowed one, but did not mow the one at 3500 West Main. He stated that the property was mowed by the City and Mr. Gage was billed $18.00. Mayor Swaim noted that the Ordinance passed by the City Council stated that the rights-of-way are to be mowed by the adjacent property owner. Mr. Gage continued to assert that he does not own the property. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. City Engineer Whisker stated that Mr. Gage’s property is shown by the tax parcel to be up to the roadway of Lakeside. Alderman Lewis reiterated that easements are the responsibility of the adjacent property owner. He explained the use of an easement, but maintained that the maintenance is the responsibility of the adjacent owner. He noted efforts by the City to have a more aesthetic appearance throughout the City. Mr. Gage stated that he would not have bought the property if he had known that his property did not go to the street. He presented a plot plan when he purchased the property that does not show the easement as a part of the property. Mayor Swaim explained that the tax records show that the narrow strip along side Mr. Gage’s fence is part of the property as recorded, which is the information used by the City for determinations. Mayor Swaim stated that he is sorry if Mr. Gage feels that the City has not treated him fairly, but the City Council has shown their concern and that he is not being singled-out. Mr. Gage asked the Mayor to have all the mobile home parks in the City inspected for compliance. He began to complain, again, of situations in other areas of the City. Mayor Swaim stated that he drove through the mobile home park on Green Acres, Hamilton, and South Road today and noted compliance issues. He added that if Mr. Gage will provide addresses to the Engineering Department it would be addressed by Code Enforcement. 9 Mr. Gage stated that he had one more item to bring before the City Council, explaining that he had a tenant that lived on South Road who had an old car with a flat and no tires. He explained that the car stayed there for approximately 3 months and then the tenant moved away. He then related that he rented to another tenant and the car stayed there for another 3 months. He stated that he decided to confiscate the vehicle and one week later Code Enforcement tagged the vehicle. He stated that he talked with Code Enforcement Officer Marty Sanady about claiming the car and trying to obtain a title. He related that Mr. Sanady told him that he would have 7 days, which was on a Monday. He related that he managed to get a bill of sale from the owner that following Sunday, so he moved the car to another address on Hamilton. He stated that on Monday, Mr. Sanady had the car towed. He stated that the car was towed from a different address. Mayor Swaim stated that the car could be towed as long as it had been tagged, adding that Mr. Gage should have contacted Code Enforcement to let them know he was the new owner of the vehicle. He related that again the City has a responsibility to respond to those conditions as well as grass cutting. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. – 7:57 P.M. Mr. Gage then brought up the issue of a letter from the City regarding debris on his property, adding that it was not his property. He stated that he had asked Alderman Twitty to view the property. He went on to say that the trash was not picked up because it had a rock in the pile. APPOINTMENT(S): NORTH PULASKI WATERWORKS Alderman Stroud moved, seconded by Alderman Howard to approve the Re- appointment of Mr. Vestal Johnson to the North Pulaski Waterworks. MOTION CARRIED. ANNOUNCEMENT(S): Public meeting for the long-range transportation Plan for Central Arkansas Wednesday, October 27, 2004 – 11:30 a.m. Jacksonville Community Center. ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:57 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 10