Loading...
19 OCT 03CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2019 6:00 P.M. – 6:26 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 3, 2019 at the regular meeting place of the City Council. Councilman Ray delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Council Members: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and Collins answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT (1). Others present for the meeting were: City Attorney Stephanie Friedman, Public Works Director Jim Oakley, IT Director Scott Roethlisberger, CDBG Director Theresa Watson, Police Chief John Franklin, Fire Chief Alan Laughy, Parks and Recreation Director Kevin House, Human Resource Director Charlette Nelson, Planning Commission Chairman Jim Moore, Assistant Finance Director Laura Collie, Addie Gibson, Police Captain Kim Lett, Director of Downtown Planning and Development Bob Price, Dejuana Sipes, Jeff Twitty, Patrick Thomas, Johnny Simpson, Water Department Superintendent Short, Rachel Richter, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of September 19, 2019 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Bolden moved, seconded by Councilman Sipes that the minutes of the regularly scheduled City Council meeting of 5 September 2019 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report for September 2019. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 13 Building Inspections 42 Business Licenses 0 Electrical 38 Plumbing 46 HVACR 20 ROLL CALL: Councilmen: Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. WASTEWATER DEPARTMENTS: WATER DEPARTMENT: RESOLUTION 788 (#11-2019) A RESOLUTION APPROVING SECOND ADDENDUM TO WATER PURCHASE CONTRACT BETWEEN LONOKE WHITE PUBLIC WATER AUTHORITY OF THE STATE OF ARKANSAS AND THE CITY OF JACKSONVILLE, ARKANSAS; AUTHORIZING THE MAYOR TO EXECUTE SUCH ADDENDUM; AND PRESCRIBING OTHER MATTERS RELATING THERETO. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2019 6:00 P.M. – 6:26 P.M. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 788 (#11-2019) MOTION CARRIED. Whereupon City Attorney Friedman read Resolution 788 (#11-2019). Council Member Ray moved, seconded by Council Member Bolden to adopt Resolution 788 (#11-2019) in its entirety. Water Department Superintendent Jake Short informed the City Council that this is a housekeeping measure. He related that Jacksonville is one of eight members of the Lonoke White Public Authority; explaining that the project consists of a water intake structure and water treatment facility at Greers Ferry Lake and also over 50 miles of transmission mains. He stated that the project was financed through Arkansas Natural Resource Commission and USDA Rural Development. He noted that Lonoke White is currently in the process of refinancing the bonds on the USDA side; this addendum removes any language that points back to USDA Rural Development, while all other provisions stay the same. At this time, MOTION CARRIED. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): a. Request by Council Member Barbara Mashburn to form a Used Car Lot Committee Council Member Mashburn related that need to regulate placement and number of cars on used car lots, noting the obstruction of traffic. Council Member Bolden volunteered to serve, adding that it should be opened to have owners of used car lots as committee members. Council Member Sansing volunteered. b. Ordinance 1584 (#06-2018) Out of State property owners maintaining a local registered agent Council Member Collins stated that the Committee is ongoing and the next meeting will be October 22nd at 5:00 p.m. c. Request to form Committee to research Step-Pay proposal for all City employees for 2020 Council Member Bolden volunteered, and Mayor Johnson stated that he would like to have Department head or their representatives serve as well. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2019 6:00 P.M. – 6:26 P.M. GENERAL: a. ORDINANCE 1615 (#22-2019) AN ORDINANCE APPROVING THE DETACHMENT OF LANDS FROM THE CITY OF JACKSONVILLE TO BE ANNEXED INTO THE CITY OF SHERWOOD; AND, FOR OTHER PURPOSES. Councilman Elliott moved, seconded by Councilman Sansing to place Ordinance 1615 on FIRST READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1615. Councilman Ray moved, seconded by Councilman Sansing to approve Ordinance 1615 on FIRST READING and SUSPEND THE RULES to place Ordinance 1615 on SECOND READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden to further SUSPEND THE RULES and place Ordinance 1615 on THIRD AND FINAL READING. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. Councilman Ray moved, seconded by Councilman Bolden to APPROVE AND ADOPT Ordinance 1615. ROLL CALL: Councilman Elliott, Bolden, Sipes, Sansing, Ray, Mashburn, Twitty, Smith, and Collins voted AYE. MOTION CARRIED. ORDINANCE 1615 (#22-2019) APPROVED AND ADOPTED THIS 3rd DAY OF OCTOBER, 2019. b. RESOLUTION 789 (#12-2019) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS FROM THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATION – 212 EAST MAIN STREET); AND, FOR OTHER PURPOSES. Mayor Johnson noted that a new copy of Resolution 789 is at each Council Member’s workstation, explaining that the buyer’s name has been corrected. Council Member Ray moved, seconded by Council Member Mashburn to read Resolution 789 (#12-2019). MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to adopt Resolution 789 (#12-2019). Mayor Johnson explained that there is a small piece of land off the edge of the Bridge, next to Jacksonville Starter across the street, saying that it is actually part of four or five lots. He related that as the Bridge came across, things moved around, so what we decided to do is that it would be fair if we got it appraised and paid what it appraised for as well as paying for the appraisal and closing cost. Council Member Sipes requested that the amounts be disclosed within the Ordinance when the City is buying or selling property. At this time, MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2019 6:00 P.M. – 6:26 P.M. Mayor Johnson stated that the City has a lot of land that is being mowed, and we are looking at putting that land on Land.gov, people would bid on the property or lots. He stated that this would save the City the trouble of having to get an appraisal and lessen the properties having to be mowed by the City. c. APPEAL HEARING 201 North First Street conditional use as a Used Auto Sales Mayor Johnson announced that the City received a request from the petitioner’s attorney to delay the appeal hearing due to a conflict in scheduling from October 3rd to the next regularly scheduled City Council meeting of October 17th. He stated that after discussion with City Attorney Friedman, it is recommended that we send this back to the Planning Commission for them to rehear it. Council Member Twitty moved, seconded by Council Member Collins to send the appeal hearing for 201 North First Street back to the Planning Commission. MOTION CARRIED. d. Revenue Brain Storming Discussion ensued and it was the general consensus of the City Council to host a town hall meeting to include the public. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: Rachel Richter addressed the City Council regarding proper procedure, questioning what happens if a member of the City Council does not follow proper procedure and no action is taken. Mayor Johnson stated that action can be taken by this body or the Prosecuting Attorney, adding that it depends on the infraction. Ms. Richter stated it is pertaining to proper procedure as far as City Council and how procedure is supposed to be enacted, as far as City Council meeting. City Attorney Friedman questioned if she was talking about what happens in a City Council meeting or which procedure. Ms. Richter stated that what she is talking about is, there is a certain procedure that has to happen in order to have a City Council meeting. When this procedure is deflected from, is that actually something that can be of consequence? Is that something that someone can be admonished for? Mayor Johnson questioned if she was talking about a Council Member that doesn’t follow Robert’s Rules of Order during the meeting or that we don’t CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2019 6:00 P.M. – 6:26 P.M. follow our own rules? He noted that tonight he changed how people sign up to speak for or against Ordinances and Resolutions. He added that he is not sure what she is referring to. Ms. Richter stated that she is referring to is established pattern and how City Council meetings are supposed to be done. Everybody’s got a book, for instance, Robert’s Rules of Order – that is how that is supposed to be done. What happens when City Council Members deviate from that? City Attorney Friedman stated that she is aware they have adopted Robert’s Rules through an ordinance, but that is not binding, it’s not the same as a State Statute. So, if a Council Member doesn’t follow Robert’s Rules, questioning if she is talking about a criminal sanction or a civil penalty or… it is kind of hard to answer without proper… Ms. Richter stated that at the very least, a civil consequence. Council Member Mashburn stated it would be up to the Prosecuting Attorney. City Attorney Friedman stated that if it is just Robert’s Rules, those are not governing the law in a court room, if that is what you mean. Mayor Johnson stated that it is not a criminal offense to break Robert’s Rules of Order. Council Member Bolden stated that Robert’s Rules of Order are the foundation for the meeting. Ms. Richter stated that it answers her question. Mayor Johnson invited her to make an appointment if she would like to speak to him in his office. Planning Commission Chairman Jim Moore stated that he was unaware that this was going to happen and was under the impression that the appeal hearing was going to be tabled to the next City Council meeting. He stated that since the item has been sent back to the Planning Commission that the City provide Police protection for that meeting. Mayor Johnson stated that he believes their attorney will be present. Council Member Twitty announced that the Bean and Cornbread Senior Center Luncheon Fundraiser will be held October 22nd from 9:00 a.m. to 2:00 p.m., noting that she had tickets if anyone wished to attend. She stated that the Senior Center will also be hosting their Health Fair that day with door prizes and raffle tickets for two Southwest airline tickets. Mayor Johnson announced that the 1st Annual Drug and Alcohol Awareness Day will be October 5th at Dupree Park from 1:00 p.m. to 5:00 p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2019 6:00 P.M. – 6:26 P.M. Council Member Bolden announced that October is Cancer Awareness Month. Mayor Johnson announced that the Chamber of Commerce is having Casino Night October 25th at the Southern Oaks Country Club. He then announced that FestiVille was a great success this year. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 6:26 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer