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09 OCT 01.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 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 1, 2009 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Acting Deputy City Clerk Jennifer Martin, Director of Administration Jim Durham, City Engineer Jay Whisker, CDBG Director Theresa Watson, Parks and Recreation Director Kristen Griggs, Systems Administrator Barbara Daniel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Police Chief Gary Sipes, Battalion Chief Kendell Snyder, Assistant Finance Director Cheryl Erkel, City Planner Chip McCulley, Wastewater Chairman Joan Zumwalt, Wastewater Superintendant Thea Hughes, Wastewater Manager Bob Williams, Water Department Superintendant Mike Simpson, Civil Service Commissioner Jerry Reichenbach, Glenda Fletcher, Darlene Durham, Nola Ferrell, Helen Stroud, Becky Brooks, Jack Danielson, Addie Gibson, Pastor Larry Burton, Dennis Sobba, Mike Wilson, Larry Smith, Billy Gilmore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 17, 2009 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Smith that the minutes of the regular City Council meeting of 3 September 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: RESOLUTION 634 (#13-09) A RESOLUTION SUPPORTING THE JACKSONVILLE WATER DEPARTMENT’S PARTICIPATION AND COMMITMENT TO THE LONOKE-WHITE PROJECT INCLUDING THE FUNDING THEREOF, AND GRANTING AUTHORITY TO EXECUTE AN AGREEMENT WITH THE LONOKE-WHITE PUBLIC WATER AUTHORITY TO COMPLETE SAID PROJECT; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 634 (#13-09). Water Department Superintendant Mike Simpson related that they are looking for a future long-term water source, explaining that Jacksonville Water is partners with Mid-Arkansas Water Alliance and has funded its allocation regarding the Greers Ferry Lake. He stated that the Water 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. Department is also partnering with other MAWA entities to obtain water from Lake Ouachita and potentially Lake DeGray. He stated that participation with the Lonoke-White Project is the waterline and infrastructure that will bring the water from Greers Ferry Lake to the North Central Arkansas area. He requested the support of the City Council through Resolution 634 to participate. He explained that there are eleven members in the Lonoke-White group, adding that Jacksonville is currently the highest participatory amount due to the fact that they are pledging debt service to meters. Alderman Smith encouraged support for the Resolution, noting the importance of an alternative water source. Mr. Simpson related that this source would go beyond fifty years, explaining that it would be an auxiliary source for Jacksonville and the LRAFB. At this time, MOTION CARRIED. City Attorney Bamburg read the heading of Resolution 634 (#13-09). Alderman Stroud moved, seconded by Alderman McCleary to approve Resolution 634 (#13-09) in its entirety. MOTION CARRIED. WASTEWATER DEPARTMENT: RESOLUTION 635 (#14-09) A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, IN COOPERATION WITH THE UNDERWRITER AND BOND COUNSEL, TO PROCEED WITH MATTERS PRELIMINARY TO THE ISSUANCE OF APPROXIMATELY EIGHTEEN MILLION TWO HUNDRED THOUSAND DOLLARS ($18,200,000.00) PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT CONSTRUCTION AND REFUNDING REVENUE BONDS, IN ONE OR MORE SERIES OF BONDS, TO FINANCE IMPROVEMENTS, BETTERMENTS, AND EXTENSIONS TO THE JACKSONVILLE SEWER SYSTEM; TO REFUND CERTAIN OUTSTANDING DEBT OF THE SEWER SYSTEM; TO PREPARE AND CIRCULATE A PRELIMINARY OFFICIAL STATEMENT AND RELATED DOCUMENTS; DECLARING ITS INTENTION TO REIMBURSE ITSELF FOR QUALIFYING EXPENDITURES FROM THE PROCEEDS OF THE BONDS; AND PRESCRIBING OTHER MATTERS RELATING THERETO. Alderman Ray moved, seconded by Alderman Smith to read Resolution 635 (#14-09). Wastewater Manager Thea Hughes stated that there are several projects that would encompass the request for a bond issue. She introduced Mr. Larry Gattis, consulting engineer and Mr. Cary Smith with Stephens Inc. to present regarding the bond issue. Mr. Larry Gattis of Crist Engineers explained that they are a municipal engineering firm that specializes in water and sewer works, recounting his firm’s affiliation with the City of Jacksonville beginning almost 66 years ago when they were retained by the Federal Material Agency to 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. design a water and sewer system for Jacksonville. He presented a PowerPoint presentation outlining the improvements for the wastewater system, involving both the collection system and the sewage treatment plant. He noted rehabilitation in the collection system for various sewers and manholes, adding interceptors D & F to the system. He stated that the improvements would include a budget item for providing service to the State Fairgrounds site and to retire a short-term loan. He then related that on the treatment plant side there are necessary equipment replacements, as well as replacement and upgrade of the effluent disinfection system. He reviewed the various benefits of upgrading the system and infrastructure, offering several photographs of the existing deteriorating and defective system. He noted that improvements would also reduce treatment costs by only treating water intended to be in the system as well as enhance permit compliance and promote health and safety. He stated that the rehabilitation would involve manholes, concrete sewer replacements and other sewers. He stated that presently Jacksonville has approximately 155 miles of underground sewers, adding that approximately 70,000 feet are of concrete construction at least 70 years old. He pointed out that the service life of such sewers is typically 50 years. He reviewed various stages of distress including structural failure regarding manholes and sewer pipes within the system. He stated that the proposed new lines to be added to the system would be interceptors D & F, explaining that the addition of those lines would allow for the removal of four existing pump stations from the system and increase the capacity of the local service that is now limited by the capacity of those pump stations. He then noted that this would also provide downstream capacity for future extensions up Hwy. 67/167 corridor east of the Air Base and toward Cabot. He stated that construction of the interceptors would enhance permit compliance by allowing the removal of the pump stations. He reviewed the location of the interceptor lines in the northeast region of Jacksonville, with the possibility of an additional third interceptor “G” line regarding future considerations. He then reviewed considerations based on projections from current water usage regarding the State Fair to provide cost estimates to provide sewer to the proposed site. He stated that as the site develops the particulars would be more refined. He stated that the proposed projects would also include improvements to the Johnson Wastewater Treatment Plant. He explained that the Plant was originally constructed in 1985 at approximately 8.6 million dollars and upgraded in 1999 at a bid price of 6.6 million dollars, noting an ongoing investment at today’s prices of almost 27 million dollars. He noted that the Plant is going on 15 years without a permit violation. He then reviewed the proposed equipment replacements including the effluent disinfection system. He explained the process involving chlorination, expressing their desire to upgrade the technology to an ultra violet 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. disinfection system. He stated that it would be environmentally friendly and provide a long-term cost savings of approximately $19,000 annually in operation maintenance. He stated that the new technology is easily expanded for future growth. He reviewed budget costs totaling 18.2 million dollars. Mr. Smith with Stephens Inc. stated that the Resolution declares the intent of the Sewer Commission and the City of Jacksonville to move forward with issuance of the bonds. He stated that if approved, the goal is to sell bonds the first week in November and hopefully close in December in order to provide the necessary project funds. He stated that from an interest rate standpoint, Market rates are very favorable now, offering an all-in cost of below 5% on 30-year financing. He noted that the Resolution would also give the Sewer Commission the ability to reimburse itself, if it chooses to go ahead and expend funds now towards the project. Mayor Fletcher emphasized that a bond issue would not mean a rate increase to the citizens. At this time, MOTION CARRIED. City Attorney Bamburg read the heading of Resolution 635 (#14-09). Alderman Stroud moved, seconded by Alderman McCleary to approve Resolution 635 (#14-09) in its entirety. MOTION CARRIED. FIRE DEPARTMENT: POLICE DEPARTMENT: Recognition of Officer of the Year Awards Chief Sipes presented Officers Bret Hibbs and John Alberson as recipients of Officer of the Year awards chosen by the Arkansas Association of Chiefs of Police. He stated that it would be very unusual for two officers to be picked from the same region, adding that he believes this is the first time two officers were picked from the same police department. Mayor Fletcher, City Council members, and the audience joined in applause to congratulate the officers. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: a. ORDINANCE 1382 (#25-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF A NEW BASEBALL SCOREBOARD SYSTEM FOR THE CITY OF JACKSONVILLE’S PARKS AND RECREATION DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1382 on FIRST READING. Parks and Recreation Director Kristen Griggs confirmed that the item is budgeted. She then explained that the company directed by Ordinance 1382 is out of Little Rock, making service faster. She then related that Rainey Electronics, Inc. included installation in their quote whereas the other company was not able to. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1382. Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1382 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1382 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1382. Alderman Howard moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1382 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1382 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be ATTACHED to Ordinance 1382. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1382 THIS 1 DAY OF OCTOBER 2009. b. Request to accept bid for Ladies Locker/Shower Room Parks and Recreation Director Kristen Griggs related that she has negotiated with the low bidder, Team General Contracting, to stay within a budget of $25,000.00. Alderman Ray moved, seconded by Alderman McCleary to accept the low bid from Team General Contracting not to exceed the budgeted amount of $25,000.00 as negotiated. MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. c. Request to accept bid for fencing of Dupree Park Fields 2 & 3. Parks and Recreation Director Kristen Griggs related that the new lights for Dupree Park fields 2, 3, and 4 have been installed, explaining that the funds were supplied by the A&P Commission. She explained that Ingle Fence Company’s bid came in at $44,720.00, while the budgeted amount was $42,000.00. She added that they were able to negotiate the bid price to $42,000.00. Alderman Ray moved, seconded by Alderman Elliott to accept the low bid from Ingle Fence Company not to exceed the budgeted amount of $42,000.00 as negotiated. MOTION CARRIED. PLANNING COMMISSION: GENERAL: a. PUBLIC HEARING regarding ORDINANCE 1381 (#24-09) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 8.01 (PROPERTY MAINTENANCE) AND 8.03 (NUISANCE ABATEMENT); 8.20, 8.24, 8.26, 8.28, 8.32, 16.04.010, AND OTHER PROVISIONS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the Public Hearing at approximately 7:40 p.m. and presented a news clip regarding nuisance abatement. Mayor Fletcher related the positive aspects related North Little Rock residents who benefited from the adoption of a nuisance abatement ordinance. He pointed out that once residents were aware that North Little Rock was serious about cleaning up their city, the residents themselves took the initiative of being more responsible and taking care of their properties. He noted that a resident of Sunnyside recognized the need for this Ordinance and yet another resident of Sunnyside recognized it as being their responsibility to keep their property maintained. City Attorney Bamburg clarified that the Ordinance addresses requirements for property owners regarding building maintenance to the level of condemnation, which already exists within the Jacksonville Municipal Code. He stated that it addresses the necessity for Code Enforcement Officers or other City officials to go onto private property to review or inspect conditions, explaining that this right or privilege has been with the City for many years. He stated that while the courts recognize everyone’s Constitutional rights as individuals with individual rights as property owners, when probable cause exists it allows for further investigation into those circumstances. He reassured the audience that the Code Enforcement Officers would be operating off of complaint calls or obvious probable cause, not searching homes for compliance. He stated that inspections requiring entry into the home would be pursued through proper channels with warrants issued by the courts. He explained that this is the procedure currently followed by the City, and is a privilege that is already in place. He continued explaining that Code Enforcement would have to observe “probable cause” in order to address an issue on 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. private property. He stated that he is aware that this has been a major concern by members of the public, assuring that Code Enforcement will not be pursuing issues any more aggressively than what has existed. He stated that the tools offered in this Ordinance are to help instill responsibility among property owners. City Planner Chip McCulley summarized, saying that the Ordinance is amending various Jacksonville Municipal Codes into one Code and creating a Jacksonville nuisance and abatement property maintenance code with additional property maintenance provisions. He offered a PowerPoint presentation supporting the theme that property maintenance and neighborhood morale is intertwined. He then quoted former City of North Little Rock City Attorney “The new challenges facing municipalities in st the 21 Century will require new approaches to nuisance abatement. A comprehensive nuisance abatement strategy can be effective when forming public and private partnerships that utilize a variety of legal due process and consideration. By working together municipalities can bring about positive changes and relief to communities adversely impacted by these nuisance properties.” He noted that the backbone of this Ordinance comes from the City of North Little Rock, adding that it has been reworked for the City of Jacksonville. He stated that as a working document, staff has proposed some changes to the Ordinance being presented. He noted a proposed change starting with the removal of thirteen of the thirty-five pages due to the fact that these provisions are already contained within various State building codes adopted by the City Council. He stated that simply by stating that the property must adhere to the existing building codes, it eliminates that repetitive nature. He stated that as a good customer service measure, it is suggested that those pages be offered in a handout. He then cited that material to be removed would be sections 8.01.080 through 8.01.199 with the exception of 8.01.140. Mayor Fletcher opened the floor for public comment at approximately 7:55 p.m. Ms. Partne Daugherty issued concerns for the Ordinance being in violation of State law. She cited specific issues where penalties were not in accordance with what is allowed by State law. She added that there is evidence that the Ordinance is also in violation of the Arkansas State Constitution regarding unreasonable search and seizures. She issued concerns for provisions regarding abandoned vehicles and dust free surfaces, saying that the Ordinance does not offer any leeway for discretion regarding the language. Ms. Marilyn Burton stated that she has been a resident of Foxwood for the past 15 years, adding that in the last three years she has been disappointed with the neighborhoods in Jacksonville. She cited concerns regarding the practice of vehicles being parked in the street and the safety hazard it presents. She also issued concerns for vehicles being 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. parked in front yards and residents not mowing their yards as well as boats being covered and stored in driveways. She asserted her support for the Ordinance in efforts to clean up Jacksonville. Ms. Jean Williams cited problems with residents putting out large item trash pickup long before the designated time for that type of pickup. She stated that the appearance is that of a ghetto, noting that she moved from north Philadelphia and does not want Jacksonville to look like the ghetto in Philadelphia. She stated that she has called the City twice regarding trash that is left out; suggesting that a flyer be put on the door of the residence. She stated that trash and curbside waste that is put out before the regularly scheduled pickup makes the neighborhood look bad and decreases the value of surrounding homes. She suggested that trash information be disseminated through the water bill. Mr. Rizelle Aaron stated that he supports parts of the Ordinance as well as being opposed to other parts. He stated that he has a problem with Mr. Bamburg’s assessment that he would hope that Code Enforcement Officers would act appropriately and not abuse or become rouge in dealing with right of entry. He stated that there should be limitations in the Ordinance to deal with that issue. He added that citizens need to be assured that Code Enforcement will not kick in doors to check the electrical wiring in homes. He stated that the Ordinance seems like a way to circumvent State and Federal laws in regard to search warrants and obtaining search warrants. He related that he did not see anything in the Ordinance to require that notification be submitted before an inspection is made on private property. He stated that he does not agree with the right of entry provision. Mayor Fletcher clarified that the right of entry was adopted by the City Council in 1974 when John Harden was Mayor. He stated that the facts need to be addressed, saying that the issue is about the City having the right to go onto private property if there is an empty building in code violation. Ms. Becky Brooks suggested that the City Council host a daytime meeting at the Senior Center in order to explain the Ordinance to the residents who would need help. She asserted that there would be residents that would require help in order to comply with the Ordinance, adding that there are problems that neighbors need to have addressed. She encouraged citizens to get involved and help their neighbors. She then added that she has a problem with the vehicle portion of the Ordinance, noting that she has a vehicle that will not comply with the Ordinance after January. She explained that she does not intend to renew the license or insurance, explaining that she and her husband have decided to park the car since it will not be used. She stated that the City needs to set the example by keeping the rights of way and ditches cleaned, adding that the City needs to apply a little compassion and heart in its decisions. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. Mr. Mike Wilson stated support regarding the nuisance and abatement efforts for the betterment of the City and its citizens. He stated that he has never had a problem working with Code Enforcement Officers. He noted that he is a Board member of the newly formed Landlord’s Association. He stated that it is the intent of the Association to work with the City to make Jacksonville everything it should be. He stated that whether it is city, State, or Federal code, codes are set to enhance the safety and security of residents and code violations contribute to dilapidation, lower home values, and the general feeling that fewer occupants will want to live in Jacksonville than surrounding areas. He continued saying that codes help to guarantee that property will retain its value over time and can be sold for at least some measure of profit. He stated that this Ordinance is the only way the City can “soar higher.” Mr. Richard Rhetts said that he is confused over the fact that while he is told he can have his antique cars as long as they are licensed; he cannot operate them on city streets unless he is attending a function dealing with antique vehicles or taking the car for maintenance. He added that now he understands that this Ordinance will not let him park his cars on his property in order to protect his investment. He stated that he does not feel that he should be cited because his grass is 3” high and the Ordinance says it cannot be over 8”. Mr. Dave Krenn stated that he feels it is important to address issues regarding the public’s safety, health, and welfare. He noted a situation in his neighborhood where the trees behind his subdivision were cut down, which has created a back up of the natural water flow into the gas pipe line and into the neighborhood. He stated that this situation has created a health hazard with rodents with standing water which draws mosquitoes into the neighborhood. He also cited issues with residents not cutting their grass. He stated that this Ordinance is a necessity in order for Jacksonville to survive. Ms. Pam McAllister reported that there are two parked cars in her neighborhood that have been there for six years with no license and flat tires. She then reported that people are dumping large item trash, which will not be picked up according to the scheduled until the end of the month. She stated that Jacksonville needs to be cleaned up. Pastor Larry Burton expressed appreciation to City Council for their leadership, saying that principals are nonnegotiable regarding where we are heading as a city in the future. He stated that the focus is on the repetitive problems, people who do not care, who use their liberty and do not care what others have to look at in their yards. He clarified that those yards are not just a place for their licensed cars but a car lot for their RV’s and boats. He stated support for the Ordinance, asking that City Council offer the citizens an ordinance that will enhance their City. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. Mr. Bobby Kiser related issues in his neighborhood regarding a neighbor’s swimming pool that has become a mosquito infestation. He emphasized that it has become a health issue, noting that it would be much worse if the City did not spray for mosquitoes. He supported the need for measures to take care of the City. Mr. John Mason stated that he appreciates and supports efforts to clean up the City. He related that he has met with several City directors, noting that he works in real estate helping citizens. He stated that he feels any efforts for the City should be a public/private partnership, saying that there are ways to do this even if not everyone agrees on everything in the Ordinance. He stated that at all cost civil liberties should be protected but wants the City to be clean. He stated that he would like to see more than a 10-day notice, suggesting that a citizen committee be formed to tweak the Ordinance, mentioning also the need to revise the fine structure regarding mowing. Mr. Ron Milson related that he chose Jacksonville as his home after college, adding that he does not believe the Ordinance is conducive to Jacksonville in the present form. He stated that the opinion regarding what junk is depends on the neighborhood and the level of need. He stated that for residents with smaller yards and driveways, it is more difficult to adhere to the provisions of the Ordinance. He stated that if people did not park in the yards, the garbage trucks would not have room to come down the street. He stated that common sense is the problem, noting the difficulty in putting trash out according to a schedule if you work all the time. He stated that he keeps his house neat but this ordinance will punish citizens that cannot afford a large garage or yard. Mr. George Gage complained that when the Police were called to a rental property that he owns and found the window broken he was told by the renters that the City would close his business. He stated that when he rented the property the window was not broken but only cracked, adding that the reason he did not repair the window was because the renter told him they would fix the window since they broke it. He stated that he is against the City coming onto private property, adding that he feels he is being harassed if someone treats him that way. Ms. Helen Shirley stated that she disagrees with a lot of the proposal, questioning when the City would to do the work for the people that needs to be done. She related that she has called her alderman and the Street Department, adding that she had visited with the former Mayor. She stated that she does not understand the provision about dust on the driveway. She then related that the City dug a ditch beside her driveway to address drainage problems, stating that the City’s water is destroying her house. She stated that the water runs off from the Library building. She stated that she has called her aldermen but they never came to see her. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. Alderman Stroud assured her that he had been to her property and had spoken with her in the past. Ms. Shirley stated that it should not matter if her house is lower than the street. She added that she was told that if she put dirt in her front yard it might help. Mr. Jim Hill acknowledged that Jacksonville does need work. He related that he lost two houses because of pressure from a neighbor that is involved in politics. He noted that since he sold the houses, there has been very little work on the houses. He noted problems for residents that do not have large yards and cannot park on the street. He stated that he does support cleaning up Jacksonville but there are issues that will need to be addressed in the process. Mr. Bill Hibbs stated that while he does not have anything against residents owning RV’s and boats, he does not feel that they should be parked in the front yard or on the street. He stated that when someone owns property it is their responsibility to take care of it. Mr. Keith Webber stated that he feels the Ordinance needs to be reworked, taking care of the legal issues, and trimming it down into smaller ordinances. He stated that a definition of probable cause needs to be added. He stated that the codes need to be changed to require developers to make wider streets so people can park in the streets. He stated that residents need to put RV’s and boats in the back yard, not the front yard. He suggested that the City require landlords to make driveways big enough to handle all the vehicles that would live there along with room for visitors. He stated that the notice time needs to be extended to 15 or 20 days, adding that he feels the fines are compounded too much. He stated that the Ordinance needs to spell out the steps involved in the administrative process. Mayor Fletcher closed the public hearing at approximately 9:10 p.m. Mayor Fletcher stated that he noted four issues defined as citizens spoke regarding the Ordinance. He stated his hope that the Ordinance could be passed on first reading tonight then brought back with amendments in two weeks when the City Council meets for its next regularly scheduled meeting. He noted that this would offer additional time for citizenry input, explaining that citizens should contact their aldermen regarding further input. He related that following the second reading there would still be time for further input. Alderman Elliott stated the need for clarification prior to voting. He asked for clarification regarding the pages that are being removed from the Ordinance. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. City Attorney Bamburg clarified that Sections 8.01.080 through 8.01.085 with the exception of 8.01.140 would be removed. He explained that those are the areas that are already addressed in State codes. Alderman Elliott suggested other amendments regarding clarification, noting the section addressing inoperable vehicles and the condition of a vehicle not moving for three days. He stated that there are times when he does not move one of his vehicles for three days, saying that he feels this stipulation should be struck from the Ordinance. He then suggested that the requirement that vehicles be parked or stored on a dust free surface should be removed, noting that there are many properties in Jacksonville that do not have asphalt or concrete driveways. Alderman Stroud related that he found twelve items that he feels need to be put into the Ordinance, suggesting that the amendments be incorporated into the Ordinance. Alderman Elliott reiterated that he did not feel a vote should be taken until it is clear what is being voted on, suggesting that the Ordinance be brought back with revisions. Further discussion ensued regarding placing the Ordinance on first reading or holding the Ordinance vote until the amendments are in the Ordinance. City Attorney Bamburg stated that the City Council has options from the standpoint of amending the Ordinance. He explained that if the City Council wants the amendments included, those would have to be voted on prior to voting on first reading. He added that City Council could vote on first reading and then make the amendments at that time if so desired. He stated that it is strictly an option as to how the City Council wants to approach the amendments. He stated that this is not necessarily a legal decision but a political one. Alderman Sansing stated that while he has issues with the Ordinance, he has no problem with the working process and voting one time now, knowing that the Ordinance will be amended for the second reading. He offered that he has a list of amendments he would also like to submit. Alderman Elliott stated that it seems contrary to the legal process to vote on the Ordinance before it is revised. Further discussion ensued as to the amendments being incorporated into a revised Ordinance. Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1381 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1381. Alderman Ray moved to table Ordinance 1381 (#24-09). MOTION FAILED for lack of a second. Discussion ensued as to the Ordinance being revised and represented prior to another vote being considered with regard to public clarification and input. Alderman Ray moved, seconded by Alderman Stroud to approve a special meeting set by Mayor Fletcher to continue consideration of further amendments regarding Ordinance 1381 (#24-09). MOTION CARRIED. th Mayor Fletcher set a special City Council meeting Thursday, October 8 at 7:00 p.m. to further discussion regarding Ordinance 1381 (#24-09). b. ORDINANCE 1383 (#26-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF CONTRACTING WITH RETAIL ATTRACTIONS, LLC, FOR ECONOMIC AND RETAIL DEVELOPMENT SERVICES FOR THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher related that Retail Attraction, LLC has a proven track record for helping municipalities much like Jacksonville, noting that the owner comes from a community about the size of Jacksonville with the similarity of being located approximately the same distance from a central larger city, as Jacksonville is to Little Rock. He stated that he would like for the City to contract with this company regarding economic development consideration. He related that the contract would be $20,000.00 for this year with funds to be drawn from the Contingency Fund. Alderman Stroud related that he is continually getting questions as to why Jacksonville does not have more restaurants, upscale department stores, or a movie theater; adding that he feels this would be money well spent. He related that if the contract proves fruitful, it can be extended. Alderman Stroud moved, seconded by Alderman Smith to place Ordinance 1383 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1383. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1383 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M. – 9:34 P.M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1383 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1383. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1383 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1383. Alderman McCleary moved, seconded by Alderman Ray that Ordinance 1383 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be ATTACHED to Ordinance 1383. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED AND NUMBERED 1383 THIS 1 DAY OF OCTOBER 2009. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 9:34 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 14