09 OCT 15.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 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 15, 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, Finance Director Paul Mushrush, IT Systems Administrator Barbara Daniel, Parks and Recreation Director Kristen Griggs, Public Works Director Jim Oakley, Human Resource
Director Jill Ross, Police Chief Gary Sipes, Fire Chief John Vanderhoof, City Planner Chip McCulley, Glenda Fletcher, Ivory Tillman, Becky Brooks, Addie Gibson, Pastor Larry Burton,
Mark Stroud, Art Brannen, Mike Wilson, Rizelle Aaron, 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 October 1, 2009 for approval and/or correction at the next regularly scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of the regular City Council meeting of 17 September 2009 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2009 from the Jacksonville Fire Department, which reflects a fire loss of $57,800.00
and a savings total of $144,200.00.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2009 regarding 2009/2008 yearly crime statistical comparison.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for September 2009. Said report reflects:
ADOPTION/FINES: $1,935.00
CONTRIBUTIONS: $ 41.00
TOTAL: $1,976.00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2009. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 18 Building Inspections 36
Business License 5 Electrical 43
Plumbing 37 HVACR 27
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 308 Notice of Noncompliance 42
Property Mowed 59 Towed 8
Trash Letters 26 CONDEMNATIONS
Trash Removal 5 Structural Maint. Letter 0
Property Maint. Letters 49 Structural repairs made 0
Cost $3,035.00 Demolitions 0
CITATIONS WARRANTS
Debris & open storage 0 Arrest 0
Property maintenance 0 Search 1
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. 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 related that questions were submitted referring to the Right of Entry provision, asking City Attorney Bamburg to respond and clarify those concerns.
City Attorney Bamburg explained that the Right of Entry provision has been in place within the Jacksonville Municipal Code for many years, pointing out that the original ordinance addressing
Right of Entry was adopted in 1974. He stated that in the process of addressing concerns, other cities were researched that have Right of Entry provisions in their
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Codes, noting that in comparison, the City of Jacksonville is not as strict as surrounding cities. He pointed out that policy and procedure would not change from what is in place.
He then explained that when there is a code issue and the property owner allows Code Enforcement onto the property to address that issue, Right of Entry would not be a factor. He added
that if the property owner is not available or does not choose to grant Code Enforcement necessary access, the provisions would allow the City to address that issue through an affidavit
and search warrant process. He explained that it is reviewed by District Court Judge Batton, who will address what is commonly referred to as “probable cause” in order for that to be
approved. He stated that once approved by Judge Batton, it is filed with the Court and the Code Enforcement Officer can proceed, following the instructions that were approved by the
Judge. He stated that all Constitutional provisions, measures, and rights are protected, not only for the property owner but also on behalf of the City. He added that it is not a circumstance
where property owners are allowed to prevent or prohibit Code Enforcement Officers from addressing safety or community concerns. He stated that the Right of Entry provision is currently
in City Code to address any type of Code violation ranging from grass letters to the implementation of building codes. He reiterated that the Right of Entry procedure exists currently
in the Jacksonville Municipal Code, and procedures would not change.
He then noted that Alderman Elliott had addressed the possibility that when developing this Ordinance from the North Little Rock ordinance, there may have been a circumstance where part
of a sentence was left out in the cut and paste process. He stated that if Council members choose, there could be an amendment to Section 8.01.010 to add that language.
Alderman Elliott offered that Section 8.01.010 be amended to include the wording “or premises at reasonable times to inspect, subject to Constitutional restrictions on unreasonable”
beginning after the word “structures” and before the words “searches and seizures”.
City Attorney Bamburg advised that amendments be held until after approval to be placed on second reading.
Alderman Smith moved, seconded by Alderman Ray to place Ordinance 1381 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 1381.
Alderman Elliott moved, seconded by Alderman McCleary to amend Section 8.01.010 Right of Entry to mirror that of North Little Rock’s Right of Entry clause “authorized to enter structures
or premises at reasonable times to inspect, subject to Constitutional restrictions on unreasonable searches or seizures”. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray,
Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Alderman Sansing moved, seconded by Alderman McCleary to amend Section 8.01.060 Definitions under Abandoned Motor Vehicle, to include the sentence “Vehicles at residences or in storage
are exempt from the seventy-two (72) hours” at the end of the definition; and to strike the definition of Dust Free Surface.
Alderman Stroud stated that he would like to retain the definition, noting that there are some used car lots that are on grass. He stated that he felt the definition would be used in
the future.
Alderman Sansing moved, seconded by Alderman McCleary to remove the amendment to strike the definition of Dust Free Surface.
ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Mayor Fletcher recognized Alderman Stroud regarding a PowerPoint presentation. Alderman Stroud demonstrated via PowerPoint, areas in the City requiring various types of maintenance,
cleanup, and code violation. He also demonstrated “success stories” regarding areas that formed a partnership with CDBG to improve their site. He noted that the pictures were taken
this week.
Mr. Rizelle Aaron asked for a point of clarification, prefacing that the Ordinance is a “great” ordinance and that the City Council has done an outstanding job. He then stated that
they are concerned about the fine print that was added to the full ordinance when they were put together. He offered that it was an excellent amendment to the ordinance regarding search
and seizure. He stated that his question for clarification involves law enforcement, saying that law enforcement is busy with crimes and has enough work to do, questioning law enforcement’s
involvement in Code Enforcement and are they qualified to do Code Enforcement work.
City Attorney Bamburg explained that from the standpoint of law enforcement being involved, in some circumstances where Code Enforcement is implemented or attempted, it becomes a matter
where law enforcement has to become involved when it turns from a Code Enforcement Officer attempting to do his job, to a circumstance where the Code Enforcement Officer's safety becomes
questionable. He stated at that point, Police are there to do their job as Police Officers, to serve and protect, not to check electrical wiring, HVACR, or any other matters that Code
Enforcement Officers are trained to perform.
Mayor Fletcher reiterated that this is not a lot more than what is being done now. He stated that enforcement will be more diligent. He stated that to clarify the words “fine print”,
he would like to assure that nothing was snuck into the ordinance, it is all above board. He stated that the City is being open and honest. He stated that in reference to it being
said that this Ordinance is targeting seniors, minorities, and poor people; we are one community, and “I am the Mayor for everybody.”
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
He stated that for citizens that need help, the City has the ability to help them. He recognized CDBG Director Theresa Watson, citing a circumstance where the City is helping a citizen
with new housing needs because her home is dilapidated. He noted that many of the churches are willing to donate labor to help senior and handicapped citizens. He stated that there
is no excuse for anyone to have to live in a deplorable condition, saying that we have to quit accepting “status quo” as our standard, adding that we have to raise ourselves up because
no one else will. He stated that in life you are either part of the problem or you are part of the solution, and you have to make up your mind which part you are going to be. He noted
the formation of a Landlord Association consisting of 100 members representing 1,000 properties in Jacksonville. He stated that those 100 members want to partner to make Jacksonville
better, who represents the grass roots, from the bottom and up. He related that this Ordinance is the government working from the top down. He stated that following the implementation
of the Ordinance, he would like to work to create neighborhood associations to make neighborhoods better by setting a higher standard. He stated that many citizens’ greatest investment
is in their house and this will protect that investment. He stated that he does not have time for anyone who wants to be divisive regarding this issue, as a community we are heading
in this direction and we are not going to be sidetracked.
In response to a question from Mr. Jerry Reichenbach, Mayor Fletcher explained that the bedroom requirements offer Code Enforcement an opportunity to address unsanitary and unsafe situations.
Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1381 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
b. ORDINANCE 1384 (#27-09)
AN ORDINANCE TO AMEND AND MODIFY JACKSONVILLE MUNICIPAL CODE § 2.44.010 (EMPLOYEE POLICY MANUAL); AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Sansing to place Ordinance 1384 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 1384.
Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1384 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Alderman Elliott moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1384 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 1384.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1384 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 1384.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1384 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1384 THIS 15th DAY OF OCTOBER 2009.
c. DISCUSSION regarding Manor House Apartments
Mayor Fletcher related that the property is located adjacent to Dupree Park and is currently being held by Fannie Mae. He explained that the City had been involved in trying to obtain
a lease on the property to no avail. He asked if the City Council would support efforts to secure the property on a public purpose basis. He noted the advantages of being able to address
the vehicular safety hazard and improve traffic flow. He stated that securing the property would also enhance the park, which is the largest public used facility within the City. He
stated that this area could be considered a gateway to the City, explaining that often it is the first impression visitors to ball tournaments, or Wing Ding, have of our City. He noted
that this area was included in the Parks and Recreation Master Parks Plan this year. He stated that he would like for the City to secure the property and tear down the L-shaped apartment
building and include the land into the Park system. He suggested that the City may be able to recoup some expenses through the other apartment building located on the property.
In response to a question from Alderman Smith, Mayor Fletcher stated that the City is in the process of obtaining an appraisal, adding that he does not feel the appraisal will come close
to what Fannie Mae feels the property is worth.
City Attorney Bamburg offered that there are a few options available to the City Council, explaining that the property could be considered for public purposes. He further explained
that some provisions of the law allow, particularly for Parks and Recreation, for eminent domain. He stated that one of the main factors that applies to the location is the safety issue
regarding the traffic hazard created at the entrance to
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
Dupree Park. He related that City Engineer Whisker has worked on preliminary possibilities of modifying the Park’s entrance to eliminate the traffic hazards and create a better traffic
flow, which in turn will enhance the safety factor for vehicles as well as pedestrians. He noted that with the additional property, the City would be able to develop a playground similar
to the Marshall Smith children’s playground on the other side of the entrance. He stated that the other direction would be to approach the property from the standpoint of structural
issues that exist.
Alderman Sansing expressed his support for approaching the situation from the direction of public purpose, since the property is located adjacent to the Park and is so close to the entrance.
Alderman Howard moved, seconded by Alderman Stroud to grant authority to move forward with the process of eminent domain. MOTION CARRIED.
DEVIATION IN AGENDA:
d. ORDINANCE 1385 (#28-09)
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, 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, 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 Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1385 (#28-09) on the agenda. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1385 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 1385.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1385 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1385 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 1385.
Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1385 on THIRD AND FINAL READING. ROLL CALL: Aldermen
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
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
1385.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1385 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1385 THIS 15th DAY OF OCTOBER 2009.
e. Request to Accept Bid for Audio System in the Council Chamber
Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place the bid for the Audio System on the agenda. MOTION CARRIED.
In response to a question from Alderman McCleary, IT Administrator Barbara Daniel concurred, that the low bid is the same company that installed the video system in the Chamber.
Alderman Smith moved, seconded by Alderman Ray to approve the low bid from Online Technologies in the amount of $24,121.15 with funds to be drawn from the Building, Repair, and Maintenance
budget. MOTION CARRIED.
APPOINTMENT(S): NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD
Alderman Smith moved, seconded by Alderman Ray to approve the reappointment of Bill Thompson to the North Pulaski Waterworks Public Facilities Board for a term to expire 10/02/2012.
MOTION CARRIED.
A brief discussion ensued regarding considerations for RV, boat, and motor home guidelines that may be added to the Ordinance following further development.
Alderman Stroud noted that there has been some consideration regarding the City providing a parking opportunity for RV’s, boats, and motor homes.
Alderman Smith moved, seconded by Alderman Stroud to adjourn to Executive Session at approximately 8:08 p.m. to discuss a personnel matter. MOTION CARRIED.
Alderman McCleary moved, seconded by Alderman Smith at 8:25 p.m. to reconvene from Executive Session. MOTION CARRIED.
Mayor Fletcher announced that no formal decisions were forthcoming from Executive Session.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 15, 2009
7:00 P.M. – 8:25 P.M.
ANNOUNCEMENT(S):
ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 8:25 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer