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11 DEC 15 SP MTG CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. – 6:23 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in special session on December 15, 2011. Vice Chairman Keaton opened the meeting at approximately 6:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jim Moore, Avis Twitty, Joe Ott, and Alderman Howard answered ROLL CALL. Vice Chairman Keaton declared a quorum. PRESENT (5), ABSENT (4). REQUEST TO APPROVE PLAT(S): FINAL PLAT Commercial business located at 7217 John Harden Drive Lot 1, Naji Subdivision Vice Chairman Keaton noted that Bond Engineering provided the plat and the final calculations for a cash bond. City Engineer Whisker noted a change on the plat, saying that instead of the word “underground utilities” it needs to state just utility easement. He stated that originally there was discussion of having it be a 25’ sidewalk and utility easement to accommodate a 5’ sidewalk that could be connected later to the north and south. He stated that the proposed amount of the bond is not a problem, adding that in speaking with Mr. and Mrs. Naji earlier he learned that they are having problems coming up with the bond. Mr. Naji explained their difficulty with being able to borrow the money from the bank because of earlier loans against his wife’s retirement fund. He stated that the bank turned the loan down because of the amount of money they currently owe. He went on to say that if he were allowed to operate his business he would be able to provide the proposed $6,000.00 bond money from the sale of even one of his large bronze statues. City Attorney Bamburg advised that the bond should be in place prior to any approval from the Planning Commission. Discussion ensued regarding the ramifications for a letter of credit from the bank. City Engineer Whisker noted that the monies are set aside from the person’s account and the bank charges 1% to 3% for writing the letter, which in this case would be approximately $600.00 to $1,800.00. Commissioner Ott moved, seconded by Alderman Howard to approve the final plat contingent upon the suggested wording changes as proposed by City Engineer Whisker and being able to provide a bond, letter of credit, or cash. MOTION CARRIED. Mr. Naji stated that he is unable to borrow more money at this time to put into this business without the business making any money. He stated that he does not know how he can provide the $6,000.00 if his business stays closed. He continued saying that he has had to borrow 1 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. – 6:23 P.M. too much money. He added that they owe too much money on the mortgage to be able to borrow any more money. He stated that the improvements will take time, but if he is allowed to open he can make his own money and will not have to beg the bank for money. He related that many of his large statues will sell for 6 and 7 thousand dollars to just one customer. He stated that he needs maybe three or four months time and then he could come back to the Planning Commission. Commissioner Ott clarified that Mr. Naji only has to give the City a bond and he would not have to come back before the Commission. Mr. Naji continued his case of not being able to borrow any more money and not being able to come up with the money without being able to open his business. He stated that all his money is tied up in the business. He stated that he does not understand the City keeping his business shut. Vice Chairman Keaton noted that the City did reduce the number of required parking spaces, the amount of landscaping, and the amount of sidewalk construction. He related that the City has compromised in order to help Mr. Naji get his business opened. Mr. Naji reiterated his need to open the business before being able to provide the money for a bond. City Attorney Bamburg clarified that the Planning Commission does not have the authority to waive the bond. He stated that the Planning Commission has approved the final plat but it is contingent upon the posting of a bond, a letter of credit, or cash being provided. He stated that the Planning Commission cannot act in any other fashion and do so legally. Commissioner Moore moved to adjourn at approximately 6:15 p.m. Mrs. Naji asked if she could have a question answered. Commissioner Ott seconded the motion. She then related that she had asked City Engineer Whisker if the word “underground” is taken off the plat, will there be anything placed above ground that would block their business. She added that City Engineer Whisker assured her that it would not. She stated that the plat say their property is a subdivision and they are not a subdivision, adding that it also says that they are held by subdivision rules and regulations including any future ordinances or regulations. She questioned if sewer is established in the area are they responsible for paying for the main line. She stated that she has been told that they would not be, but she would like to have it in writing. She stated that she is being asked to sign something saying that she is agreeing to the future rules and she does not know what those future rules are. 2 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. – 6:23 P.M. Chairman Keaton related that she would need to contact that utility in order to obtain a written agreement. He then explained that the easement is an agreement to allow the utility to place the line in that easement. He explained that the utility will take care of the excavation, material, and the build back. He then stated that if they were to need a service line they would have to pay for that. Mrs. Naji stated that she would not mind paying for a service line but not the main line. She stated that the way the plat is worded she has to abide by all the rules of a subdivision including future rules that have not been decided yet. She continued saying that she wants some protection from being treated as if she is a subdivision developer who would be required to pay for infrastructure. She stated that while she is being told verbally that she is not responsible she would like to have it in writing for her peace of mind. City Engineer Whisker stated that such a commitment would have to come from the Wastewater Utility. He then added that the sewer commission can put in a line and then charge each member tying onto for the entire sewer line but that is not the way it normally works. Mrs. Naji stated that with 12 acres that is why she is hesitant to sign-off until she can get further information. She reiterated her fears of being held responsible for the cost of a main sewer line. She stated that if she does not know what the future rules are, how can she agree to that. Vice Chairman Keaton reiterated that any such fears should be addressed through the Water and Sewer Commissions. She stated that her second concern had to do with them being considered as grandfathered in, she related that City Engineer Whisker had told her that any money would be returned but if she signs a plat it would be hard to take that back or have it undone. She added that she would like to make this a separate issue. City Engineer Whisker clarified that the question was if they decided not to do the improvements but had already given the City money how would they get their money back, if they decided to not open the business. He related that he had told Mrs. Naji that the City would simple return the funds. Mrs. Naji stated that they do not have a problem with the agreed upon improvements; but City Engineer Whisker is aware they are checking to see if they are grandfathered in since the business was completed prior to the annexation. City Attorney Bamburg clarified that if they choose to abandon the project, then the funds can be reimbursed but also the plat would be revoked and anything done on the property would have to satisfy City 3 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. – 6:23 P.M. code. He stated that the Planning Commission has done all it can and now any further development of the property is up to the Najis. He told Mrs. Naji that it is their choice to post the money or sign off on the final plat. He stated that under the rules and regulations that, not only the City operates through its ordinances, but also through State law, they are asking the City to give you assurances that they cannot do. Mr. Naji stated the City tried to get them to install two restrooms but they found out from the State Health Department that they did not have to do that. City Attorney Bamburg clarified that it is the State’s option to grant a waiver in that regard. Mr. Naji continued saying that the City is making it hard for him to do business and he is going to sue the City Attorney Bamburg particularly and the City. At this time, the meeting was adjourned with Mr. Naji threatening to sue the City. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 6:23 p.m. Respectfully submitted, _________________________ Susan L. Davitt 4