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09 OCT 08.doc CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in special session on October 8, 2009 at the regular meeting place of the Council. Alderman Howard 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, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. Alderman Twitty arrived 7:04 p.m. 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, Public Works Director Jim Oakley, City Planner Chip McCulley, Glenda Fletcher, Nola Ferrell, Pastor Larry Burton, interested citizens, and members of the press. PRESENTATION OF MINUTES: APPROVAL AND/OR CORRECTION OF MINUTES: CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: CONTINUED 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 noted that the previous public hearing had lasted approximately one and a half hours with pro and con input, explaining that at that meeting this special meeting was set. He explained that the public hearing is at the stage of discussion. He suggested that each page of the ordinance from beginning to end be reviewed regarding amendments. Alderman Stroud requested clarification regarding Section 8.01.006 Modifications, quoting “authority to grant modifications for individual cases” by Code Enforcement. City Attorney Bamburg explained that if circumstances do not require a variance or modification that would necessitate it being sent before the Board of Adjustment, but were a circumstance where the Code 1 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. Enforcement Officer found a violation that was to be rectified within the seven (7) day notification period. He related that Code Enforcement could grant a small amount of leeway in order to allow the property owner to address the situation, or a reasonable modification. He stated that any circumstance that requires a variance from any term of the Ordinance as a whole and on a more permanent basis would have to go before the Board of Adjustment and is beyond what Code Enforcement is granted authority to address. Alderman Elliott requested clarification regarding Section 8.01.013 Material and Equipment Reuse; City Planner Chip McCulley explained that this provision address primarily health and safety. He cited that structural wood would be a concern for Code Enforcement as a safety issue. Alderman Stroud questioned under Section 8.01.014 and City Attorney Bamburg clarified that it is legal to address violations as misdemeanors. He then clarified that Section 8.01.015 addresses all abatement violations, noting that the provision addresses an escalating fine structure regarding repeat offenses. He cited clean-up and debris removal as a repeat type offense. Alderman Stroud then questioned if Section 8.01.045 is in conflict with Section 8.01.030, City Attorney Bamburg replied that it is not, explaining that in the past he has been directed to condemn a property through judicial process. Explaining that to be a case where the c ity has to take an individual property owner into court to have the matter adjudicated as a condemnation. He stated that it is a rare process, which was a predecessor to the abatement process that was used in the case of occupied houses that were in such dilapidated conditions requiring condemnation. In response to a question from Alderman Ferrell, City Attorney Bamburg then clarified that under Section 8.01.045 there are some penalty provisions that are already in the Codes that would still apply to these provisions as well as penalties in this Ordinance. Under Section 8.01.044, Alderman Ray related that he had received comments regarding the 60-day provision, explaining that he had informed the person asking that they could appeal to the City Council for additional time. City Attorney Bamburg concurred with that assessment. Alderman Elliott noted that the definitions for Abandoned Motor Vehicle, Boat, and Dust Free Surface may need to be addressed as those provisions are reviewed within the Ordinance. Alderman Sansing concurred, noting areas of the Ordinance that would require definition clarification. Alderman Stroud requested that a definition regarding “Landlords” be added to the Ordinance. 2 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. Alderman Elliott noted that while there is a definition for boat, boats are not addressed in the Ordinance. He then noted that the definition of Inoperable Motor Vehicle might need to be clarified as we address further provisions in the Ordinance. Alderman Ray related his understanding that Section 8.01.078 Grass or Weeds does not address situations where residents have gone on vacation but is directed toward residents that do not cut their yards at all. He stated that this is not directed toward the elderly that might have issues obtaining a lawn mowing service. Alderman Howard pointed out the Section of 8.01.077 Sidewalks and Driveways, questioning if the “proper state of repair” of sidewalks is the responsibility of the homeowner or the City. Mayor Fletcher replied that it would depend if it were a public or private sidewalk. City Attorney Bamburg clarified that some properties have public sidewalks within a City easement that is maintained by the City’s Public Works Department; however, there are properties with private sidewalks that would be the responsibility of the homeowner. Mayor Fletcher stated that the primary goal of this provision is to prohibit debris or inoperable vehicles being placed on public sidewalks. Alderman Howard pointed out that there are some areas of town where if a vehicle is not parked on the sidewalk, traffic cannot move down the street. He stated that the streets in Sunnyside are very narrow and it causes a problem if they cannot park on the sidewalk. Mayor Fletcher pointed out that Ordinance 1381 addresses inoperable vehicles only. Alderman Smith noted that there had been controversy regarding Section 8.01.040 Bedroom Requirements. City Attorney Bamburg clarified that the Section was previously numbered 8.01.140 in the original Ordinance submitted; it was bumped up in number because some of the sections were removed. He stated that this was cited by City Planner Chip McCulley to be necessary to address overcrowding in single-family dwellings. Alderman Elliott stated that the provision as it reads does not allow for more than two children to a bedroom, saying that there are plenty of residents that have three children to a bedroom. He stated that he understands the intent of the provision but feels concessions should be addressed regarding a family with five children who might have three in one bedroom. 3 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. Mayor Fletcher stated that the intent is to address issues regarding many people (not a family unit) occupying a single-family residence. He stated that there have been situations where there were 18 people occupying a small single-family residence. City Attorney Bamburg pointed out that subsection a) indicates a minimum square footage of floor space for each occupant of a bedroom. Alderman Elliott stated that with that requirement it prohibits more than two people per bedroom. He suggested increasing the square footage to allow for three occupants per bedroom. City Planner Chip McCulley answered that there is a State code that deals with this regarding an overall square footage of the home. He noted that it is one person per every 200 square feet of the house, counting the livable space within the home. He stated that the Fire Code is the source of this requirement. Mayor Fletcher reiterated that the intent is not to check residential bedrooms, citing that the City would not be aware of occupancy issues unless there was a complaint from a neighbor. Discussion ensued and City Attorney Bamburg clarified that if a circumstance were to become known, a variance could be granted by the Board of Adjustment. He offered that a possible modification would be to increase the square footage to accommodate three children. Further discussion ensued regarding the State requirement and the City’s minimum being slightly more restrictive. Mayor Fletcher noted the safety issue involved with overcrowding in case of an emergency such as a fire. Alderman Sansing stated that he would agree with City Attorney Bamburg that this is the reason we have a variance process within the City. He stated that he did not feel the requirement would criminalize a family that has three children in one bedroom. Alderman Elliott moved, seconded by Alderman Smith to amend the minimum square footage from fifty (50) square feet to thirty five (35) square feet for more than one person. MOTION CARRIED with Alderman Sansing and Ray voting NAY. Alderman Elliott moved, seconded by Alderman Howard to amend Section 8.03.003 Nuisances and Non-Complying to omit the wording of “under a properly issued building permit”. MOTION CARRIED. Alderman Elliott questioned how the inoperable vehicle provisions would address a resident restoring an antique vehicle. 4 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. City Attorney Bamburg explained that when Code Enforcement has become aware of such a situation, the owner is offered an opportunity to pursue a variance through the Board of Adjustment. He stated that the Board of Adjustment commonly works with the petitioner to accommodate the restoration process within reason. Alderman Stroud moved, seconded by Alderman Sansing that under Section 8.03.017, to omit “(A) It has not been moved for more than Three (3) days;” and “(G) The vehicle has no current vehicle tags or registration.” MOTION CARRIED. City Planner Chip McCulley presented written comments from the previous meeting to prohibit the permanent parking of vehicles on yards, lawns, and grassy areas when complaints are received from neighbors, adding that there had been comments about neighborhoods setting standards to be enforced by Code Enforcement. He then presented the comment that trucks, cars, boats, trailers, and recreational vehicles are not allowed on street side or existing setback lines in Jacksonville. Alderman Sansing presented language to be considered as an amendment to the Ordinance. “All motor vehicles shall be parked on a designated driveway, or to the left, or right of the driveway, parallel to the driveway and within ten (10) feet of the edge, however, not on both sides of the driveway. Motor vehicles may also be parked beside the house on the driveway side, if it will not encroach on a neighbor’s property, or with neighbor’s written permission, if it will cross property lines. Motor vehicles may not be parked across the front of the house on the lawn”. It was clarified that this is to mean only one side of the driveway so as to have two cars side by side in parallel fashion. It was further noted that in Sunnyside, many residents do not have a concrete driveway but they park in the same spot, which should be considered their designated driveway. It was further noted that this situation should not create a need for a variance. Discussion ensued as to what the Code allows regarding the parking of vehicles on City streets or sidewalks in Sunnyside. City Planner Chip McCulley stated that by Code no vehicle or even a basketball goal can be parked in the City right-of-way, adding that by the letter of the law no one can park on a sidewalk to get out of the street. Mayor Fletcher stated that at some point the City will be considering moving to an automated garbage pickup because of costs so this issue will have to be addressed. He added that it would be impossible to pick up garbage in Sunnyside if we go to an automated system. In response to a question from Alderman Smith, City Attorney Bamburg clarified that neighborhoods have set standards through bills of assurance, explaining that there are specific manners by which a bill of 5 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. assurance is implemented. He stated that property owners have to be given appropriate notice, signatures have to be filed as a matter of record, and the City is not the enforcer of bills of assurance standards. He stated that Code Enforcement is not the enforcement arm for property owner associations. Alderman Sansing moved, seconded by Alderman Ray to amend Section 8.03.018 to include the language as read, “All motor vehicles shall be parked on a designated driveway, or to the left, or right of the driveway, parallel to the driveway and within ten (10) feet of the edge; however, not on both sides of the driveway. Motor vehicles may also be parked beside the house on the driveway side, if it will not encroach on a neighbor’s property, or with neighbor’s written permission, if it will cross property lines. Motor vehicles may not be parked across the front of the house on the lawn”, and offering City Attorney Bamburg latitude to adjust the language as required grammatically. Alderman Stroud stated that he is not against the proposal but pointed out that the intent is to adopt language that would fit the City as a whole, which cannot be done with the consideration of Sunnyside. He stated that essentially Code Enforcement acknowledges that Sunnyside residents do not have driveways. He stated that his concern with parking vehicles next to the street is the visibility factor for other vehicles backing out of their driveways. Alderman Sansing countered that for families with teenage drivers, the only orderly fashion of parking would be one car after the other even if it gets close to the street but will get cars off the street. He reiterated his theology regarding “dirt driveways”. It was clarified that the definition and provisions for a dust free parking surface would have to be omitted from the Ordinance. City Planner Chip McCulley pointed out that even with that consideration, under current Code a car cannot park in City rights-of-way. He illustrated if a car that is parked in a driveway is over the sidewalk area, it is in City right-of-way. He stated that a rough guideline is that the City right-of-way is up to 11 feet behind the curb, which includes the sidewalk. He then stated that Sunnyside is one where it is not the full 11 feet because it is in the older part of town. At this time, MOTION CARRIED. In response to a question from Alderman Elliott regarding shopping carts and fines, City Planner Chip McCulley stated that the Ordinance is modeled after one for North Little Rock, saying that it is not an issue in Jacksonville, seldom has the City picked up a shopping cart. He stated that the City has not previously charged the $25.00 fine, but to be in line with other cities we have that option under Section 8.03.21. 6 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. In response to a question from Ms. Debbie Talley, City Attorney Bamburg explained the significance of having reserved sections within the Ordinance regarding future expansion of provisions. In response to a comment from Alderman Stroud, City Attorney Bamburg clarified that the Code has specific provisions regarding the screening of dumpsters. He related that a provision in the Ordinance indicates that there are rules and regulations that Code Enforcement could adopt and implement; the scheduling of pickups could fit within that provision. He explained that if the scheduling is encumbered in an ordinance it becomes harder for the Department to modify or change as necessary. Discussion ensued regarding the best time for large item pickup. Alderman Smith suggested that large item pickup be announced with the water bill. Alderman Stroud noted efforts regarding the publication of a large item pickup calendar, also noting that it might be useful for the landlords to be able to pay for a special large item pickup when tenants move after the first of the month. Mayor Fletcher related that he had spoken with Public Works Director Jim Oakley regarding the possibility of placing a large dumpster at the Recycling Center to allow landlords to bring large items in-between scheduled pickups. Alderman Elliott concurred that it would be a good idea to have a drop off location for large items. Public Works Director Jim Oakley stated that currently his Department on a temporary basis, using a rear load garbage truck, offers a drop off for large items at the Recycling Center. He stated that there is the concern that it is being used by people who are not paying sanitation fees on a City water bill. Mayor Fletcher asked that the information be disseminated to the Landlord Association. Public Works Director Oakley then answered that a proper container by Code is either a garbage can, bagged, or both. Mayor Fletcher noting no further discussion, stating that he would entertain a motion to accept Ordinance 1381 as amended with exemption of Section 8.01.080 through 8.01.199 except for Section 140. City Attorney Bamburg clarified that those sections were part of State Codes which were removed at the previous meeting, advising that action to recognize the removal of those sections should be in a formal motion. He stated that any approval on first reading would need to include that reference in the motion. 7 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. – 8:12 P.M. It was also clarified that additional provisions regarding the building codes could be added by amendment individually. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1381 be APPROVED on FIRST READING as amended with the removal of provisions as discussed. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. City Attorney Bamburg informed the City Council that he would make the appropriate amendments to Ordinance 1381 and have it for the next reading. Alderman Stroud stated the necessity of Code Enforcement to enforce for the Ordinance to be viable. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 8:12 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8