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10 AUG 05.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 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 August 5, 2010 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: Director of Administration Jim Durham, City Engineer Jay Whisker, Public Works Director Jim Oakley, CDBG Director Theresa Watson, Police Chief Gary Sipes, Fire Chief John Vanderhoof, Fire Battalion Chief Kendell Snyder, Human Resource Director Jill Ross, Director of Information Technology Barbara Daniel, Parks and Recreation Director Kristen Griggs, Wastewater Utility General Manager Thea Hughes, Sewer Commission Chairman Joan Zumwalt, Water Department Superintendant Mike Simpson, Animal Control Manager Hedy Limke, Mrs. Glenda Fletcher, Mrs. Marie Fletcher, Mrs. Tammy Bourdo, Mrs. Edith Smith, Mr. Rizelle Aaron, Mrs. Addie Gibson, Mr. Jim Moore, Mrs. Mary Twitty, Mr. Mike Traylor, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of July 15, 2010 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 Howard that the minutes of the regular City Council meeting of 1 July 2010 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for July 2010. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 14 Building Inspections 24 Business License 11 Electrical 40 Plumbing 26 HVACR 35 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 236 Notice of Noncompliance 25 Property Mowed 69 Towed 2 Trash Letters 2 CONDEMNATIONS Trash Removal 1 Structural Maint. Letter 0 Property Maint. Letters 60 Structural repairs made 0 Cost $4,561.41 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 0 Search 1 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Animal Control Report for July 2010. Said report reflects: ADOPTION/FINES: $2,490.00 CONTRIBUTIONS: $2,250.00 TOTAL: $4,740.00 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: PUBLIC HEARING 7:00 p.m. Annexation of certain properties in Pulaski County Mayor Fletcher explained the process for the public hearing, displaying a map regarding the proposed northern annexation. He stated that at the next regularly scheduled City Council meeting there would be an ordinance nd supporting that the annexations be placed on the November 2 General Election ballot. Mayor Fletcher opened the public hearing at approximately 7:04 p.m. City Engineer Whisker offered a PowerPoint presentation outlining considerations for the residents of the proposed annex areas. He related that the northeast annexation is along Hwy. 67/167 including portions of the northeast part of the County. He then related that the southern annexation is a smaller portion consisting of .3 acres along South Hwy. 161. He explained that the southern annexation will incorporate a small area starting at the two liquor stores and ending about mid-way into the area where the cemetery begins. He stated that this would clean up the area and remedy any confusion with emergency services in the area. He stated that the south annexation consists of 79 parcels, 232 acres, roughly .36 square miles. He then reviewed the boundaries of the northeastern annexation that includes areas along Toneyville Road, Peters Road and Republican Road 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. on the north right-of-way line. He pointed out that residences on the north side of Republican Road would not be included in the annexation. He continued saying that the area goes down Republican Road to the backside of Burin Lane and touching to the backside of Pridmore Road, Puma Lane, and Hawkins Loop. (Maps of the proposed annexation areas are available in the office of the City Clerk.) He related that the proposed annex area consists of approximately 297 parcels, 2,454 acres, representing 3.8 square miles. He then related that services that the City would provide includes Police, Fire, ambulance service, animal control, code enforcement, garbage and landfill pickup. He explained that the City offers twice weekly garbage pickup, weekly landfill pickup, weekly recycling pickup, and a weekly yard waste pickup. He then added that City residents are eligible for free participation in the CodeRED weather alert system. He reviewed costs for County residents coming into the City, explaining that there is a 3-mill collection for the Library, Fire Pension, and Police Pension funds at one mill each. He pointed out that this would be $60.00 annually on property or homes assessed at $100,000.00. He then related that commercial properties would collect an additional two-cent City sales tax, adding that any businesses that sell prepared foods would additionally pay a two-cent prepared food tax. He then reviewed the savings for County residents coming into the City, explaining the current cost of the City sanitation bill is $11.00 monthly for up to 5 various types of weekly pickup, comparing that the County currently charges approximately $20.00 monthly for far less service. He pointed out that this is a $9.00 monthly savings. He then explained that there would be a savings on the water bill for those residents that are currently on Jacksonville Waterworks. He stated that currently those residents pay 50% more than Waterworks customers inside the City. He noted that estimated on a typical use of 5,000 gallons monthly, an inside the City resident would pay $23.88 and outside the City residents pay $34.56; representing roughly a $10.00 savings or $120.00 annually. He calculated that the sanitation savings would represent a $108.00 annual savings, making the total annual savings approximately $228.00. City Engineer Whisker addressed concerns that were related in speaking with many of the residents of the proposed annex areas. He related that many residents have expressed a desire to have City water and sewer, explaining that the City is not offering those items in the Ordinance at this time. He then further explained that both utilities are performing work in that area but currently there are no promises being made for water or sewer. He noted that both utilities have representatives in attendance if anyone has questions. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. He stated that the next major concern was animals and livestock. He stated that livestock is allowed within the City limits. He presented a chart outlining the regulations for keeping animals and livestock within the City limits. He answered a question from a gentleman in the audience, assuring him that he would not have to pay for sewer without that service. Mayor Fletcher asked that questions be held until the presentation is completed. Mayor Fletcher addressed the issue of hunting, presenting information regarding the County’s hunting regulations. He noted that under County regulations there is no hunting within 150 yards of any residence with a modern gun or muzzle load and within 50 yards regarding archery. He stated that he is, and believes the City Council is, very sensitive regarding the quality of life of residents in the County. He stated that he has worked with residents, and offers some quality of life services; adding that the City is willing to work with what the County residents enjoy about living in a rural area. He stated that the City is proposing to use the County ordinance as a City wide model, noting that most of the provisions would not apply to standard lots sizes found in current City subdivisions, further noting that there is vast difference between City size lots and the acreage offered in the proposed annex area. He stated that if hunting is a major concern, this ordinance proposal would make that a mute issue. He assured the audience that the City recognizes that as being a sensitive issue and is willing to work with them. He then addressed the issue of inaccurate information being disseminated on a flyer to County residents regarding City officials having authority to enter homes with proper credentials. He explained that any inspector or City official would have to have a reason to come to anyone’s home such as the health, safety, or welfare of the resident. He went on to say that the any City official would have to obtain permission from the property owner to be there or would have to obtain a search warrant. He stated that the inaccurate information is being disseminated as a fear tactic. Again, this is a non-issue. He then noted that the information also stated that wild animals are prohibited, which addressed ownership of animals such as rhinoceros, alligators, and elephants. He added that he does not feel there are very many people who would want those types of wild animals. He then offered a breakdown of the service costs regarding ambulance service, noting that MEMS charges $560.00 a run and $15.50 per mile, plus supplies. He then related that the City of Jacksonville charges $395.00 per run and $5.00 per mile and does not charge extra for supplies. He also noted that City residents can purchase ambulance membership for $50.00 annually. He then noted that membership with MEMS is $60.00 to $80.00 annually depending on insurance. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mayor Fletcher opened the floor for audience participation, asking everyone to show respect for each speaker. He then offered that a State statute offers five reasons for cities to annex; adding that the City of Jacksonville is most concerned with the one that states “furnishing the abode for a densely settled community or represents the actual growth of a municipality beyond its legal boundary”. He stated that Jacksonville has to grow if it is going to have a future. He related that when Jacksonville has its own school district there will be a lot more growth and change. He stated that the only direction in which Jacksonville can grow is north. He related that his job as Mayor is to secure future growth for the City of Jacksonville. He added that they are only proposing to bring into Jacksonville that which they can readily service. He stated that he hopes everyone will see that they stand to gain a lot of benefits by being annexed. He went on to say that no one has spoken about the benefit of a higher ISO rating regarding homeowners insurance, which will be cheaper inside the City. He also noted that the City has hired an economic developer to help with future growth in the City. He noted opportunities for commercial businesses offering services that are currently being provided by other places. Mr. Roger Crews of 5823 Peters Road stated that Oak Ridge Subdivision being developed without widening the bridge spans or adding more bridges on the old 67/167, the City has caused Jacks Bayou to flood worse. He stated that any more development without having wider bridge spans would be a disaster. He said that the City would not be able to develop any areas that drain into the Bayou without increasing the flooding problems. He questioned why the City would want to annex those areas. He read from a prepared statement saying that the City needs to figure the cost of mitigating all flooding problems and of providing City services against the revenue that would be received including the liquor stores. He issued concerns for personal freedoms given all the City codes. Mr. C. Richard Robertson of 1605 East Republican Road explained that he lives on 10 acres with horses and hayfields, adding that he feels his property is not suitable for City property. He stated that his property is agricultural. He noted that his neighbor to the east has about the same amount of acreage and raises cattle. He added that he also has a neighbor to the south that takes in abused horses as well as neighbors who raise and train dogs using quail, pheasants, and pigeons. He noted that often gunfire is used as part of the training. He questioned if this would be allowed within the City. He stated that the area consists of swamp, bayou, deep woods, flood plain, timber woods, and recycled auto parts yards; questioning if this type of land is suitable to be part of the City. He noted concerns for future development of the land, which might endanger the long-term growth of the Little Rock Air Force Base. He noted that he had heard that the City plans to build a fire station, which he said he did not feel would be necessary as the horses, cows, and deer outnumber the people. He reiterated if this type of land is suitable to be in the City. He then noted that the Oakridge Subdivision, which is 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. part of the City, was approved by City standards and floods regularly. He stated that this would cause one to question if the City really understands the flood plain, a natural habitat of this area. He stated that while growth is good for a City, this proposed annexation area is not suitable for the type of growth that is desirable within a City. He stated that most of the residents are not in favor of this annexation and feel very strongly about this. He urged the City to reconsider the annexation of these properties. Mayor Fletcher related that he has informed many of the residents, as was pointed out earlier by City Engineer Whisker, that residents will be able to keep their animals, saying that it is not an issue but it keeps being brought up. He then addressed concerns regarding the future of the Little Rock Air Force Base, pointing out that he has invested a large amount of time in maintaining the relationship with the Air Base. He stated that the Base has a 600 billion dollar economic impact in this area, adding that it is not only important to Jacksonville, it is important to Central Arkansas. He stated that he understands how important it is to protect the mission of the Little Rock Air Force Base, which is why the AICUZ Ordinance was adopted by the City of Jacksonville. He then stated that as far as the flooding of the proposed annex area, which would be a good reason to want to be part of the City. He explained that with recent record setting rains everyone has experienced flooding issues, adding that he had received complaints about people damming up Jacks Bayou that has increased flooding problems. He stated that the City is aware of the drainage issues, adding that he would not be concerned if the property were not further developed. He stated that the City is planning to establish a fire station, explaining that it would help maintain the current ISO rating. Partne Daugherty of 7605 Burin Lane related that they had purchased property in the County to be out of the City and do not want City ordinances or rules. She stated that her husband shoots guns. She stated that the City rules do not allow casual shooting, adding that it is allowed in the County. She stated that the City would have rules about cutting grass, adding that if it is 5 acres or below you have to keep the grass at 6”. She then added that if it is over 5 acres it has to be cut to 16”. She further related that she does not feel that this area is a natural extension of the City, explaining that residents purchased property in that area because they did not want to be a part of the City. Discussion ensued regarding grass regulations; Mayor Fletcher stated that growing hay for livestock would not be a problem. He related that the City Council has the authority to adopt ordinances but they are not written in stone. City Engineer Whisker clarified that one acre or less is 8” regarding grass, five acres or less is 18” and there are no regulations for property over five acres. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mr. Mick Gray, owner of T-square Paint Ball, a business in the County; stated that he pays State Sales Tax, County Tax, Personal Property Tax, Real Estate Tax, Timber Tax, Federal Payroll Tax, State Federal Tax, and Federal Unemployment Tax. He said “Shame on you for wanting to pay your bill by getting into my pocket”. Mr. Harold Ford of 3126 Valentine Road stated that this property is near the proposed fair grounds and is within the 100-year flood plain. He related that on Christmas Day they were evacuated from their homes because of flooding. He issued concerns for developments coming in that would contribute to flooding issues. He then related that doctors and lawyers are developing the area property, explaining that residents have traditionally hunted in those areas. He stated that this is being done through the Quorum Court. He noted that since 2004 they have been working to get sewer, but still have not gotten sewer. Mayor Fletcher clarified that Jacksonville Wastewater is not a part of that issue; it was a private sewer district. He added that it should not reflect on the City. Mr. Larry Holman of 1815 East Republican Road noted that the property annexation goes down the middle of his property. He voiced his opposition to the annexation, citing problems with tax assessments on Republican Road by the County. He noted that an adjacent property owner who has one thousand acres was not included in the annexation, adding he feels this was because that person is rich and he does not feel that is fair to exclude his neighbor because he is rich. Mayor Fletcher stated that it had nothing to do with how the boundaries were chosen. He stated that when he and City Engineer Whisker made boundaries, he did not know who owned one piece of property from another. A heated discussion ensued regarding how the residents feel that boundary lines were chosen. Ms. Pam Anderson of Cypress Lane related that flooding issues within the Oak Ridge Ranch Subdivision prevented them from being able to get in or out of the Subdivision. She related an issue with emergency services not being able to access the homes during flooding periods. She stated that the water does not flow off Cypress. Mayor Fletcher related that he is familiar with the flooding issues, explaining that those issues have to mitigate downstream working back up to the area. He explained issues with drainage in Jacksonville, noting that the major contributory is Bayou Meto Creek. He stated that the Creek travels 104 miles before it empties into the Arkansas River and at every curve or bend, it slows the flow. He stated that currently the property is not in the City and City money cannot be used to address those issues unless the property is in the City. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mr. Sonny Taylor owner of the mini storages on Hwy. 67, voiced opposition to annexation citing issues of taxation on mini storages after the County agreed to drop the County Sales Tax. He asked that the City exempt mini storages regarding collection of Sales Taxes. Mr. David Clark of 7318 T.P. White Drive stated that both candidates for Cabot Mayor told him that they are willing to extend Cabot City water down T.P. White Drive southward. He related that currently they do not have water or sewer from either Cabot or Jacksonville. He stated that the mayoral candidates stated that the reason Cabot could not run water to that area is that Jacksonville would not relinquish control of the water district. He questioned if the annexation would have any impact on them being allowed to receive water from Cabot. He related the need for City water to be able to grow his nursery business. He stated that he did not know there was a limit to the well when he purchased his business. He stated that if annexed he feels he would be paying more tax without benefits. Water Department General Manager Mike Simpson explained water issues with a line that goes underneath the Freeway, adding that the City contributed to that effort to help future development for that area by installing a 12” water line across the Freeway. He noted that the line comes out in front of the Latter Day Saints Church, which tees with valves going north and south. He noted several unsuccessful efforts by private citizens to create a water district to establish service through that corridor. He emphasized that the City did participate in those improvements that would allow future expansion in that area. Mr. Clark stated that he was told Cabot would provide water at no expense except for the cost of tying into that water line after it is installed. Mr. Simpson stated that what he did not tell you is what the expense would be for you to tie onto that water. Mr. Clark reiterated that it is his understanding that the City of Jacksonville is not willing to run any water lines parallel to Hwy. 67/167 northbound from LDS Church. Mr. Simpson stated that water service areas are filed with the Arkansas Natural Resource Commission, which is State law, adding that the area is part of the Jacksonville service area and it will not be relinquished. He stated that lines could be extended through a water improvement district. Alderman Ray suggested that Mr. Clarke attend the Water Commission meeting so he can voice his opinion and determine how he can receive water. Mr. Simpson provided that the Commission meets on the fourth Wednesday of each month at the Water Department. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Ms. Linda Sessions of 8604 Hwy. 161 related that her mailing address is North Little Rock not Jacksonville. She stated that she is opposed to the annexation and the relocation of the State Fair in their area. Ms. Katherine Gruver of 5917 Peters Road stated that Ordinance 1326, another annexation ordinance states that the “lands described therein are platted and held for sale or use as municipal lots or whether platted or not or held to be sold and developed as suburban property”. She stated that this means that farms cannot be sold as farms but would have to be platted and sold as suburban lots. She stated that it would be the destruction of the environment that they chose to live in. Mayor Fletcher stated that he thought that he had made it clear that all annexed property would be grandfathered in and the City will not dictate that property has to be broken up and sold as a subdivision. He stated that the property belongs to the property owner and as such can decide what they want to do with their property; it is not the City’s business. He assured her that the ordinance she has a copy of has nothing to do with the ordinance that would be passed for this annexation. Ms. Gruver issued concerns for future development given the road system and flooding issues for the access road and the Toneyville Road. Ms. Rebecca Holly related that she is representing herself and her father who has lived in the area for his entire life. She stated that her father lives at 2904 East Republican Road, relating that the annexation boundary splits the property. She questioned what the millage collection would be for their acreage and if services would be available since the home is not in the annexed area. Mayor Fletcher stated that the millage is based off the assessed value of the property not just the home. He again explained how the boundaries were set. Ms. Holly questioned why not take the annexation to the County line, adding that she is total against the annexation. She again questioned what services would be available. Mayor Fletcher stated that they could have the option of having the home included in the annexation. Ms. Florence Tiny Burnett of 6607 North First Street stated that she paid for the waterlines going to the LDS Church in order to sell property. She stated that she paid twenty plus thousand dollars to have the line put under the road to reach her property for sale. Water Department General Manager Mike Simpson pointed out on a map of that area that there are two waterlines, explaining that there is a 2” line that Ms. Burnett paid for to develop her property. He then related that the 12” line was paid in part by Austin Concrete. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. In response to a question from Mr. Charles Kent of 6011 Peters Road, Mayor Fletcher stated that the minutes are public record and would be available to anyone requesting a copy from the City Clerk. He then answered that Mike Simpson is attending as a representative of the Water Department. Discussion ensued regarding the City residents as well as the County residents within the proposed annexation area being able to vote on the issue in the November General Election. Ms. Joanna Yates accompanied by her father Mr. John Daniel of 5715 Old Hwy. 67 related that her father purchased the property in 1967. She related problems with flooding, explaining that her father built a levee around his home to keep water off his property. She questioned what the Mayor meant when he mentioned that people were damming up Jacks Bayou, adding if he was speaking to legal grandfathered in levees. Mayor Fletcher answered that he had received complaints of Jacks Bayou being dammed and he had called Mr. Sherman Smith of the County regarding those complaints. He went on to say that the City has no jurisdiction since the property is currently in the County. Mr. Lyndon Whitledge retired pastor of North Jacksonville Missionary Baptist Church related that he is not happy with Jacksonville. He stated that AICUZ wants to hinder development. Mayor Fletcher stated that the AICUZ study involves legislation passed that limits the density of development on property. He stated that it would not affect anyone not in the AICUZ zone. City Engineer Whisker stated that the AICUZ study was implemented to address the flight paths leading on and off the LRAFB runway. He agreed to meet with Mr. Whitledge regarding the AICUZ following the public hearing. Mr. Whitledge stated that he has lived in Jacksonville for 47 years, mentioning the cleanup ordinance, saying that it gives Code Enforcement Officers the right to enter and inspect private property when violations are a problem. He stated that this means that the City does not get a search warrant to check property. Mayor Fletcher refuted that statement to be incorrect. He stated that Code Enforcement cannot enter a home. Mr. Whitledge agreed, but said Code Enforcement did come into his back yard. He issued concerns for City regulations regarding construction. Mayor Fletcher stated that the truth of the matter is that Mr. Whitledge lives in a subdivision that has a bill of assurance that is stricter than City regulations. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mr. Arlie Thomas stated that he had originally moved to Jacksonville in 1960 and then later moved out of the City limits into the County. He stated that he wanted open space, raising his children and grandchildren outside City limits. He stated that he has worked hard to address flooding issues on his property, adding that the annexation and construction of Oak Ridge Ranch ruined approximately 10 acres of his property with constant flooding. He stated that future development of his property has been hindered because of flooding. He added that he feels this is a forced annexation because City residents who would vote in the November election outnumber the County residents. He stated that County living is contrary to City life. He asked that the annexation proposal be withdrawn. He said that the City could more wisely spend monies addressing City concerns rather than annexation. Mr. Ron Lewis of 5832 Hawkins Loop questioned how many of the Aldermen were actually born in Jacksonville. He stated that he does not feel that the annexation is right; pointing out that he is probably one of the few people who were actually born in Jacksonville. He stated that he has a long history here. He advocated that County residents spending money in Jacksonville could just as easily spend that money in Cabot, leaving Jacksonville to collect property tax but no sales tax. He stated that Jacksonville has not listened to the residents, saying that when Oak Ridge Ranch was annexed the County residents foretold of increased flooding issues but were not given credence. He further issued concerns for how the City would attempt to handle the current flooding issues. He accused the City Council of not being born in Jacksonville and of not having a history. Alderman Twitty stated that she and her husband came to Jacksonville in 1972 with the Air Force and have chosen to make Jacksonville their home. She related that she has two sons that went to school, graduated in Jacksonville, and has two grandsons that were born in Jacksonville. She then added that one of her sons has a business in Jacksonville. Alderman Stroud stated that he came to Jacksonville in 1950, saying that Jacksonville is his home and every person on the City Council is concerned about the City and are trying to do what is best for the City to grow and become a better place to live and work. He stated that he could appreciate Mr. Lewis comments and that he has valid points. Mr. Lloyd Friedman stated that he owns property at Carrington Road and on T.P. White. He questioned City Engineer Whisker if the property is annexed into the City, would it all come in as R-0 zoned property and then be rezoned accordingly. City Engineer Whisker related that City ordinance states that the property will come in as residential unless a map of the area being annexed is attached and then that zoning would take place once it is annexed within the City, if it is annexed into the City. He then answered that the zoning would be matched to use of the property. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Director of Administration Jim Durham pointed out, in response to an earlier comment, that there are 13,000 registered voters in the City of Jacksonville and in the last presidential election, 6,500 voters turned out while typically only 2,500 to 4,500 turn out to vote. He noted that Maumelle was originally proposed as an annexation to North Little Rock, which was defeated. Mr. Ted Ellem related that he has a small business at 2050 John Harden Drive, saying that this whole annexation is about two percent sales tax. He asked for clarification regarding the zoning for commercial property being proposed for annexation. City Engineer Whisker stated that any commercial businesses would be grandfathered in regarding zoning; he stated that it is termed a non- conforming use. He stated that his goal is to match the zonings to the property uses, explaining that the Planning Commission would vote on the map that is presented. He then explained that the only ordinance the City has regarding liquor stores is to tax the sale of alcohol not to prescribe their operation as liquor stores. City Attorney Bamburg clarified that what is being referred to by Mr. Ellem regarding the prohibition of liquor is not within Jacksonville but has to do with what is called the Old Gray Township. He stated that while the Old Gray Township may encompass the majority of Jacksonville, that particular dry election, from many years past, did not specifically address Jacksonville. He explained that the Old Gray Township affects the retail sale of liquor, noting that there are provisions for private clubs so alcohol can be sold in restaurants. He then clarified that regarding the grandfather clause, property would be brought in under the current use and the zoning would be presented for it to be zoned in that proper fashion. He then stated that as to the length of time regarding the clause; that would consist of the time frame that the property is used, kept, or maintained in the manner of which that zoning classification fits. He clarified that a change of use that still fits within the zoning classification would not be a problem, adding that while zoning classifications are specific, it is also broad regarding what is allowed in a specific zone for both commercial and residential. Mr. Ralph Pridmore of 5417 Pridmore Road related that his family has owned and paid property taxes on 100 acres for over one hundred years. He noted City regulations regarding the use of firearms, adding that it has been disseminated that County residents will be allowed to continue as before but as City government changes in years those rights could be taken away. He stated that he has a problem with the City wanting control of property that he pays taxes on. He stated that he has chosen to keep his property for his children and grandchildren, saying that he does not feel it is right for the City to take his property. He questioned how an election can be fair when there are 30,000 City citizens voting against 300 County people. He noted that when Oak Ridge Ranch was annexed into the City it was not put to a vote. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mayor Fletcher explained that the annexation of Oak Ridge Ranch was a voluntary annexation; meaning that the property owner asked to be annexed and the City accepted the property. He told Mr. Pridmore, as per their lengthy discussion, he is very sensitive to the quality of life issues that Mr. Pridmore has expressed. He went on to say that City Attorney Bamburg has researched provisions that can be adopted to maintain the semblance regarding the quality of life that they have now. He stated that he feels the current laws that are in place for County residents will become the City laws before the election takes place. He stated that the City is working on a timeline for it to be placed on the November Election Ballot. He reiterated earlier information that typically only 2,500 to 4,500 people in the City turn out for the vote, adding that not everyone in Jacksonville may support the annexations and not everyone in the County will be against the annexation. He stated that he is aware of some County residents that support the annexation but are not willing to let their neighbors know that they are in support because it is not the popular sentiment for a County resident. He stated that he has listened to many of the County residents because he has been concerned and wanted to know what their concerns were. He stated that he has tried to present a balance for the concerns and issues. He related that the hunting issue within the City given the density of City subdivisions would be a real concern, pointing out that there is a difference between City lots and acreage, saying that the City can be sensitive to that issue. He pointed out that there are good advantages being offered with the annexation such as fire and police. He related an unfortunate situation involving a County resident that was a friend, who died and the ambulance was 45 minutes getting to the scene. He stated that nothing is guaranteed in the County, the City is offering a higher quality of service and we are not asking that anyone compromise anything. He related that he keeps hearing issues with hunting and animals, saying that he does not know how much clearer the City can make it, there will not be a change in the quality of life enjoyed now. He pointed out that horses are allowed within the City limits of Jacksonville. He stated that he does not understand why these issues keep coming up. He then asked Mr. Pridmore what it is that he feels he will not be able to do if annexed into the City. Mr. Pridmore said that the ordinance states that he cannot burn leaves without having them in a container. Mayor Fletcher stated that up until today there was a fire burn ban from the County because of the dry weather. He stated that there seems to be a mentality that there are no rules because they live in the County, which is not true, there are rules. Ms. Bailey of 1200 West Republican received clarification on what is meant by the word incorporated being considered a part of Jacksonville. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Ms. Danielle Shafer of 22 Woodland stated that she moved into the City from the County because she enjoys having the emergency services close, adding that she likes having all the benefits of living inside the City limits. She related that she attended tonight’s meeting to gain an understanding of any negatives, saying that she would rather pay more in taxes to better the infrastructure. She then stated that she is against the urban sprawl development that has taken place. She then noted that while everyone has spoken about the flooding issues, by annexing they would get help because they will be part of the infrastructure development of Jacksonville. Mr. Keith Pluskett of 5320 Cypress Drive issued further complaints for the flooding saying that while he chose to be a part of the City he feels he should move back to Cabot because of the flooding on Cypress Drive. Mr. Raymond Taylor owner of the business All American Etc. on Toneyville Road stated that he has lived in Jacksonville approximately 40 years, questioning the addressing of the area. He stated that his address is Cabot and he does not understand that. City Attorney Bamburg clarified that mailing addresses listed in Cabot are set by the Federal Post Office, not by Jacksonville, Cabot, or the County. He stated that the mailing address is not the question. Mayor Fletcher noted that there are people in Lonoke with Jacksonville mailing addresses, reiterating that this is a postal issue and is not controlled by the cities. Alderman Howard noted that people in Gravel Ridge have a Jacksonville mailing address even though they were recently annexed into Sherwood, they still have a Jacksonville address. Ms. Regina Wesley of Carrington Road related that she pays taxes in Cabot, saying that her front yard is Lonoke and her back yard is Pulaski County. Director of Administration Jim Durham noted that the boundary in that area stops at the County line. He further clarified that she would not be a part of this annexation. Mr. Christopher Malone of 5315 Pridmore Road asked for clarification regarding the setting of boundary lines. Mayor Fletcher stated that the boundary lines were chosen as a serviceable area for Jacksonville. He stated that the annexation is not solely about money, reiterating that they are trying to establish a growth corridor for the City. Mr. Malone insisted that the boundary lines were intentionally drawn to exclude Madu. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mr. Carlton Crosse of 917 Clifton Cove related that the street is a private road which is maintained by the residents, questioning if the Road would become a City street and be maintained by the City. City Engineer Whisker stated that while he has not spoken with Mr. Sherman Smith regarding streets, generally streets are private because easements were not offered. He stated that he would have to review the County’s records to determine the particulars of that street being a private street. He stated that “we have not had that open discussion yet but the City is willing to do that.” Mr. Crosse stated that he felt the City might be interested in developing that street through to Carrington Road. He stated that the residents like their privacy and do not mind paying for maintenance of the road. He then questioned what other City services they would receive. Mayor Fletcher stated that they are finding locations for substations so that the City can provide timely response service to all of that area. He explained that until there is a Coffelt Interchange, emergency vehicles will have to go up to Hwy. 5 to cross over, which is why the City is looking further north to locate a substation. City Engineer Whisker offered that the alternative would be that emergency vehicles would come from Station 3 around Vandenburg and then head north. City Attorney Bamburg then answered that if the annexation were to pass the General Election, the annexation would take effect within 30 days of the Election; during that time the Election Commission would certify and publish the results. Discussion ensued regarding circumstances for North Metro Medical Center formerly known as Rebsamen Hospital and future possibilities regarding its growth and community needs. Mayor Fletcher then answered that regarding the street comment; if the residents want the City to take over maintenance of the street, they would have to dedicate the street to the City otherwise they could keep it as a private drive. Ms. Virginia Taylor of 6311 Old Hwy. 67 questioned if the City was planning to bring more amenities to the City and if annexed, would the newly annexed area have separate alderman representation. She stated that they would want their own Ward and their own Aldermen. Mayor Fletcher stated that the City would have to wait for the Census that would be certified in April to consider the population change and any shifts. He stated that if this area is annexed it becomes a part of the City and the adjoining Wards would automatically become their Wards. 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. He pointed out that the area east of the Interstate would become part of Ward 1 and the area west of the Interstate would become part of Ward 5. He stated that as far as adding amenities, we are developing different things for the City and are excited about the various elements that have come to the City. He noted that the Memphis Flea Market has extended their contract for an additional five months and are looking for a longer term lease because they want to start having gun shows, boat shows and electronics. He stated his hope is it will develop into a mini expo center. He related that if the State Fair is moved to Jacksonville, it would be second only to the Little Rock Air Force Base regarding economic impact for all of Central Arkansas. He stated that the City has hired an economic developer who is working with the City, and there are additional family restaurants and retail establishments that are looking at Jacksonville. He added that he is also hopeful that Jacksonville will have its own school district very shortly. He stated that Jacksonville is set for an explosion of opportunities and growth is important to that. Mr. Terry Weatherford of 5837 Pridmore Road questioned why the proposed annexation area does not extend to the Lonoke County line on the north. He stated that he also feels the map should be squared up more, also questioning who would be their representatives on City Council. Mayor Fletcher related that Aldermen Elliott and Smith would be the representatives for the annexation west of the Interstate. Mr. Weatherford then expressed he did not feel that Jacksonville having its own school district would cure all of Jacksonville’s problems overnight. He stated that there would be a lot that needs to happen before that situation improves. Mayor Fletcher stated that it is part of taking steps in the right direction. Mr. Pete Sisson stated that he owns 40 acres at the corner of Toneyville and Maddox Road, saying that eight years ago he did not feel that the Planning Commission had taken their wishes into consideration when the AICUZ study was conducted. He then announced that he has 40 acres for sale for $400,000.00. He then stated that the annexation would not persuade the Pulaski County School District or the Federal Judge to release Jacksonville for a special school district. He added that it would take years before that happens. Ms. Janice Lewis of 5833 Hawkins Loop stated her understanding that the residents will not be offered water and wastewater. Mayor Fletcher agreed that it is not in the immediate future. Ms. Lewis related that Mayor Fletcher had quoted a statute supporting the City’s reason for annexation, questioning which one Jacksonville is using. 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Mayor Fletcher read “furnishing the abode for a densely settled community or represents the actual growth of a municipality beyond its legal boundary.” Ms. Lewis noted that the area is not densely populated and the potential growth is in the flood plain, adding that it is not feasible. She added that their freedoms are being restricted, adding that she wants everyone to understand that. She noted restrictions regarding animals and the current Animal Control Ordinance. She stated that she feels that the Statute that is being stated to support the annexation can be challenged in court. She then remarked that Jacksonville voters outnumber the County residents 5 to 1. City Attorney Bamburg clarified that the part of the Statute that refers to densely populated or settled area is speaking to the City itself as it exists now and growing into the natural boundary or the natural growth pattern of a city. Ms. Lewis pointed out that a lot of the area that the City is proposing to annex cannot be built on, noting the problems with Oak Ridge Ranch Subdivision. She stated that she feels the public needs to understand that a lot of this land has no reason to be in the City limits. She added that she does not understand why the boundary lines were chosen as they were and she is aware that they can be redrawn. Mayor Fletcher stated that people have to understand that rules are also for protection. He cited an example of a resident that complained about situations in the County that offered little protection. He stated that rules are not for punishment. Ms. Lewis questioned if Mayor Fletcher felt that their fire and police protection is inadequate. Mayor Fletcher stated that what he is advocating is that it could be better. In response to a question from a resident who did not offer his name or address, Mayor Fletcher responded that in two weeks there would be an ordinance before the City Council for their consideration regarding whether the annexation would be placed on the November ballot. He assured the audience that it is not a waste of their time and all considerations would be measured. He stated that he believes the City has shown in good faith that they want to address the issues and concerns of the residents. He added that he does believe there will be an ordinance that will not compromise their way of life, also providing a higher quality of life and better services that will actually be cheaper, while it provides growth for Jacksonville. He agreed that the boundaries could be changed if someone wanted to add additional lands. 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. Alderman Sansing responded that he would definitely take into account the attitudes and blatant hostility of the residents regarding his vote to annex or not. He added that it will make a strong influence with him, adding that the question is would he vote for an ordinance that he feels will help the City and the County citizens or be spiteful and not vote for the ordinance because many of the citizens have insulted the integrity of the City Council and the Mayor. We truly are considering what is best for the citizens of Jacksonville and the citizens of the County. He related with all that has been said it will make an impression on his vote. Alderman Ray stated that he represents east Pulaski County, explaining that he has met with the residents east of Valentine Road and they have expressed a desire to be annexed into the City of Jacksonville. He related there is already an ordinance that states the Fire Department services the area and a sewer system, as well as gas and water utilities. He noted that by annexing this area it would not require additional police officers. He said that the annexation would be from the existing City limits on east Valentine Road to ¼ miles past the Church. He asked the City Council to consider that annexation. Alderman Elliott concurred that all information will be taken into consideration, adding that he feels there will have to be some concessions in order for him to consider it as far as protection of rights and what can be done on their properties. Alderman Smith noted it had been mentioned that just because the Mayor is here now it could change in a few years, adding that Mayor Fletcher has already explained that an ordinance would be written to guarantee considerations of the County residents. He added that the City Council understands these residents have acreage, which does not fit existing ordinances. He stated that there seems to be some mistrust, adding that the City Council is only trying to see that Jacksonville is the most successful city it can be and hopefully they will be a part of that success. Mr. Burkett spoke to the citizens in the audience saying that while he is not in the annexation area, he moved out of the City twenty six years ago and does not want to be annexed in the future into the City. Mr. Sonny Taylor raised the issue of the number of voters in the City opposed to the number of County residents. He advocated that the City Council should listen to the residents of the County, adding that the residents do not want to be told what they can do on their land. He stated that he feels certain that some of the residents will be thinking of running for Alderman. He added that he would be interested in the discussion at the next City Council meeting. 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2010 7:00 P.M. – 9:50 P.M. City Engineer Whisker answered a question regarding the residents who are currently on North Pulaski Water, relating that he has not spoken with North Pulaski Water yet but added that his hope would be that garbage rates could be billed on the North Pulaski Water bill. He then answered that he is unaware if North Pulaski Water rates change for inside or outside the City limits. He then clarified that the garbage collection is billed through water bills. Mayor Fletcher, with no one offering to speak at this time, closed the public hearing at approximately 9:50 p.m. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 9:50 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 19