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10 JUN 03.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 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 June 3, 2010 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). 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 Captain Bob Thornton, Human Resource Director Jill Ross, Director of Information Technology Barbara Daniel, Assistant Finance Director Cheryl Erkel, Parks and Recreation Director Kristen Griggs, 911 Communications Director Tabby Hughes, Mrs. Glenda Fletcher, Mrs. Marie Fletcher, Mrs. Addie Gibson, Mr. Jim Moore, Mr. Dickie Penn, Mr. Mike Wilson of Comcast, Mary Twitty, Mike Traylor, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of May 20, 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 Stroud that the minutes of the regular City Council meetings of 6 May 2010 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for May 2010. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 24 Building Inspections 53 Business License 11 Electrical 63 Plumbing 54 HVACR 34 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 201 Notice of Noncompliance 22 Property Mowed 74 Towed 1 Trash Letters 8 CONDEMNATIONS Trash Removal 2 Structural Maint. Letter 0 Property Maint. Letters 62 Structural repairs made 0 Cost $2,084.00 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 0 Search 1 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PRESENTATION Preliminary list of 2010 proposed Asphalt Overlay and Street Striping Programs Public Works Director Jim Oakley related that the list being presented was pared down from the original list that came in around $600,000, noting that the item was budgeted for $250,000. He stated that the street asphalt and overlay list being presented came in at $225,036.90. He pointed out that the street striping plan is also being presented for their perusal and comment. He then answered Alderman Stroud that the overlay is a different application than what was being used on an experimental basis in Stonewall, explaining that the sealer project in Stonewall came in at a fourth of the cost of overlay. He noted that cost for the sealer in Stonewall came in about $20,000 versus $80,000 if that same section had been overlaid. He then responded that a 350’ section coming onto North First from Stonewall is included on the list to be milled and asphalted. In response to a question from Alderman McCleary, Public Works Director Jim Oakley responded that street cuts for utility replacement on the list for repair include North Oak from Cherry to end, and Laurel Street from Graham Road to North Oak Street. He then added that repairs for Cherry Street are on hold, explaining that previous repairs had already been performed and they were hoping to be able to wait until next year before having to do additional repairs. He then added that Cherry Street was the least damaged from Wastewater Department street cuts. Alderman Sansing noted that the bid calls for milling of less than or equal to 2”, commenting that because the last few years the milling has mostly been less than 2”, it has resulted in high rises regarding cross intersections that hold water and do not drain because the street has continually been built up without sufficient milling. He stated that he would like to see more of the 2” milling since 2” is the amount of asphalt being put back. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Public Works Director Jim Oakley explained that in new subdivisions when water crosses the roadway the City is installing a concrete ribbon, further that 20 and 30 year old subdivisions would be replaced, doing a few each year. He explained that the concrete ribbons will allow water to cross the roadway without hindrance. He reviewed the location of other areas being included on the street asphalt list. SANITATION DEPARTMENT: PRESENTATION Single Stream Recycling Alderman Smith pointed out that the City of Jacksonville recycles with separate containers for newspaper, plastic, and aluminum cans. He related that John Roberts of Pulaski County Solid Waste will address the City Council relating single stream recycling, all items are able to be put in one container rather than having to separate items into separate bins. John Roberts, Director of the Regional Solid Waste Management District in North Pulaski County explained that they are mandated and funded by the State legislature, regulated by the Department of Environmental Quality, and governed by a Board consisting of the five Class-A city mayors and the County Judge. He commended the City of Jacksonville in its recycling efforts, noting that Public Works Director Jim Oakley serves on their Technical Committee. He explained that currently they have a contract on behalf of the cities of Little Rock and North Little Rock, representing approximately 70,000 homes for curbside recycling. He related that they spend about $2.12 per month/per household. He explained that they are using what is known as a dual stream currently, which everything except cardboard and newspaper goes into one bin. He stated that the trend in urban recycling is single stream, everything goes into one container and it is taken to what is called a MRF (material recovery facility) where the collected material is separated for recycling. He related that they have just extended their contract with Little Rock and North Little Rock and are offering an RFP with the option of single stream recycling. He further explained that customers would be provided a 65 gallon wheeled cart for single stream recycling. He stated that they are currently working to develop this service for businesses and multi-family units. He related that it would take approximately one year to implement the RFP process, and that the first meeting for the task force would be next week. He added that all developed information would be disseminated to the mayors’ offices. He acknowledged that Jacksonville has its own recycling program, adding that he is encouraging participation in order to negotiate a better rate for everyone participating. In response to a question from Alderman Stroud, Public Works Director Jim Oakley related that the cost per Jacksonville household would be a rough estimate because of drop-off recycling. He stated that the budget is approximately $3.40 monthly and with figuring a split for inside recycling the cost per household would be $1.70. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Mayor Fletcher related that it was discerned that when cities adopted a single stream versus split collection, the participation rate dramatically increased. He stated that the problem for Jacksonville is that the roof line and equipment in the current recycling center would have to be modified, saying that it would require a significant upfront investment for Jacksonville to start its own single stream collection. Mr. Roberts stated that participation in his program would require very little upfront funds, saying that their RFP is going to mandate that the bins be required by contracts. He stated that if the City of Jacksonville were to decide to participate it would essentially shut down the current operations. He reiterated that the more households he can acquire, the better the deal will be for members of the district. He explained that there is a new program involving a glass grinding operation that is currently being done on the Little Rock Air Force Base, a lab in Fayetteville is testing for a glass asphalt mix that would be a very inexpensive pothole filler. He added that these are the kinds of opportunities, if everyone agrees to participate; otherwise it would be difficult to justify these programs. In response to a question from Alderman Smith, Public Works Director Jim Oakley answered that currently he has a recycling staff of four employees and joining this operation would eliminate the need for two jobs that currently collect the recycling. Mr. Roberts responded that the RFP is written to require that any employees that are displaced are hired by the private contractor. He then answered Mayor Fletcher that neither Little Rock nor North Little Rock has privatized their garbage pickup, adding that the only entity that has privatized is the County. He explained that the County was losing approximately $300,000 annually regarding approximately 20,000 households, while this year they will make over one million dollars. He expounded that they are doing it for $11.00 per household and the County was spending about $20.00 per household. In response to a question from Mayor Fletcher, Mr. Roberts stated that an extension contract was executed with Little Rock and North Little Rock and the beginning meetings will probably result in an RFP with three or four options in order to offer the best deal and best service to participants. Alderman Smith emphasized that the goal is to have more Jacksonville residents involved in recycling. Mr. Roberts noted that currently they have a 45% participation rate in Little Rock and North Little Rock. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Alderman Ray commended the program, noting that the City of Jacksonville has an old tire collection program and would probably still have to provide that service. Mr. Roberts responded that his company runs the waste tire program from their local office. He related that Jim Goble is the director, and the program is comprised of about five separate solid waste districts. He explained that Davis Rubber in Little Rock processes the tires collected. He then stated that his goal is to issue the RFP by the first of next year or sooner. He explained that their contract would expire on September 30, 2011 and that is when they would like to have a new contract in place. Mayor Fletcher stated that in the meantime, a Sanitation Committee and Public Works Director Jim Oakley would work to determine what the future will be for the City and Sanitation Department regarding recycling programs. He stated that recycling is the right thing to do but it is also an expensive thing to do, historically it has been a money losing situation. Mr. Roberts stated that he would like to encourage the City Council to let the District help with the sanitation situation. He reiterated that if Jacksonville, Sherwood, and Maumelle along with Little Rock and North Little Rock were participants with the same type of service, he could guarantee to save the City of Jacksonville money. Discussion ensued as to forming a committee to investigate outsourcing those services. Mayor Fletcher noted that one pitfall to outsourcing is that the complaints would still have to be addressed through his office, which might make it harder to investigate each complaint. He stated that while he feels Jacksonville has a first class recycle program, the bottom line has to be the focus. Aldermen Smith, Stroud, and Ray offered to serve on a committee. Mayor Fletcher stated that it would be helpful to wait a few months before any meetings are scheduled, so Finance Director Mushrush can collect financial data regarding the Sanitation Fund. PARKS & RECREATION: PLANNING COMMISSION: th GENERAL: a. DISCUSSION Reschedule the June 17 City Council meeting Alderman McCleary moved, seconded by Alderman Howard to reschedule the th June 17 regularly scheduled City Council meeting, which is in conflict th with the summer conference held in Hot Springs, to be held on June 15 at the same appointed time and location. MOTION CARRIED. b. Request to accept change order for the Police & Fire Training Center 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. City Engineer Whisker recalled that after the bid for the Police & Fire Training Center came in they had to remove part of the original bid because the contractor was not licensed. He related that it took a little bit of time for the contractor to get a license in the State, so the first part of the change order was $250,000 to add the fire tile on the inside. He then explained that the Water Department is worried about the Marshall Road tank being drained if all the fire hydrants are turned on at the same time when they test the equipment, or put out fires inside the training tower. He went on to say that an agreement was reached between the Water Department and the Fire Department to make changes to protect the water source from being drained. He then answered that of the $418,851.93 outlined in the change order, $250,000 was already projected regarding the situation he just explained. He then related that originally there was slightly over 3 million projected to construct the center, the bid came in at $2,250,000, and the complete change order would bring the total cost to 2.9 million. He noted that the project is still under budget. Alderman Ray moved, seconded by Alderman McCleary to approve the change order in the amount of $418,851.93. MOTION CARRIED. c. PRESENTATION Comcast by Mike Wilson Mr. Mike Wilson of Comcast outlined various new amenities that would be available to subscribers of Comcast Cable regarding their digital migration. He stated that this allows Comcast to provide a multitude of new services. He introduced Mr. Chris George, Director of Marketing for Comcast, who would be making part of the presentation. He related that Comcast is upgrading the cable television programming to an all digital distribution, adding that it is a sweeping nationwide initiative, rolling neighborhood by neighborhood. He stated that this would allow customers to receive advanced digital network that allows for the new technology and services. He stated that the digital migration would offer 56 new HD channels, faster Internet speeds, interactive phone services, and more. He explained the advantages of carrying all three services, noting that the services are integrated to work together. He then noted that their phone service is priced very competitively. He explained that the video On Demand is being increased, saying that soon they will offer over 20,000 programs that the customer can choose from, as well as over 3,000 HD channels On Demand. He related that the On Demand service is being customized to offer local pet adoptions, police blotter, and even dating On Demand. Mr. George explained that customers who subscribe to all three services can go online to a product known as Smart Zone at no additional cost. He related that Smart Zone will control the cable boxes and voice product, which are MP3s that can be emailed to friends or family. He then noted that Smart Zone has applications for iPads and iPhones to control Comcast products. He stated that Comcast is offering more value for its 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. customers than they currently have. He related the ability to control the My DVR product away from home by using a computer offsite. He stated that Any Room DVR is a new product that will allow you to DVR programs in one room and play them back from any other room in the house. He then noted that Comcast has migrated from McAfee to Norton Security Suite, which is the best rated virus protection plan for customers who are a Comcast subscriber of the Internet product, adding that it comes at no additional charge. He related that new SD channels will also be added. He explained that customers who pick up the new digital box will automatically gain 24 new additional channels, no additional charge, access to the On Demand product, 46 channels of music, and the interactive program guide with parental controls. He related that 90 days before transition in each area, they send four direct mailings, TV commercials, an outbound third party that has been contracted to visit customers, and an automated message to alert customers. He stated that there are three different ways to get the new box; going to the payment centers, calling into Comcast for delivery, or order from the website. He then reviewed the Customer Guarantee policy, offering a 30-day money back guarantee on all services. He stated that the focus is on taking care of the customer, adding that agents will treat the customer’s home with courtesy and respect. He then explained that the bill has been revamped to provide easier understanding for the customer. He added that appointments will be scheduled at the customer’s convenience to be mindful of the customer’s time. In response to a question from Alderman Elliott, Mr. George related that My DVR is already available to Comcast Internet and video subscribers. He explained that you can go to the Smart Zone online; you enter the number on the back of the Comcast box to populate, and that will give you access to record shows. He stated that the targeted date for the Any th Room DVR is June 18, explaining that there is a $3.00 price difference between the cost of My DVR and Any Room DVR. He then responded that the digital boxes not the digital adapters have the program guide. Alderman Sansing questioned if there is a scheduled cost increase in the future. Mr. Wilson answered that prices are reviewed annually and to his knowledge, there is no cost increase that he is aware of. He stated that if a price increase happens he will make sure the City Council is aware of that. In response to a question from Mayor Fletcher regarding weak signals, Mr. Wilson related that any signal quality problem should be reported and it will be addressed to satisfaction. He then answered that there should not be any areas that they cannot service with a good strong quality signal. It was noted that a booster can be used to boost the signal, adding that some problems can be addressed from remote standpoint. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Director of Administration Jim Durham concurred with Mr. Wilson that even if a customer has new digital TVs, without the digital Comcast box, customers will not be able to get Fox News. Mr. Wilson stated that the first box is provided at no charge and two digital adapters at no charge. Director of Administration Jim Durham noted that TiVo is obsolete, unless you have a TiVo HD and even then you have to get a cable card from Comcast for it to work with the programming. He stated that there is additional cost if there are several TVs in the house. He then noted that it is difficult for elderly residents that are not interested in the enhanced features. He then complimented the high speed Internet. Mr. Wilson stated that the process has been simplified as much as possible. It was then related that there is a $39.95 charge for installation, adding that it easy for customers to install the boxes themselves. He then addressed issues and concerns from members of the audience, adding that such issues have become rarer and rarer because Comcast has extended fiber optics into every single neighborhood. ADDITION TO AGENDA: Traffic Study regarding Ordinance 1405 (#10-2010) Alderman Stroud moved, seconded by Alderman Ray to take Ordinance 1405 (#10-2010) off being tabled from the previous City Council meeting of May 20, 2010. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE 1405 (#10-2010) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE ARKANSAS (GENERAL LOCATION: PROPERTY LYING BETWEEN THE 900 BLOCK OF JEFF DAVIS AND THE 1300 BLOCK OF NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Stroud related that not all decisions are easy for the City Council, adding that he feels all Council members would agree that it is their duty and responsibility to ensure adequate and affordable housing for all Jacksonville citizens. He stated that adequate housing is the issue, adding that he is aware of Mr. Penn who is a developer and builder, who builds a good house and puts out a good product. He stated that Mr. Penn has gone before the Planning Commission for almost a year regarding this project, adding that he has done everything that the Planning Commission has asked. He stated that it would be difficult to blame Mr. Penn for the situation, adding that on the other hand we have concerned citizens. He related that those residents have worries and concerns regarding property values and traffic, and their worries and 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. concerns are legitimate, so there is no blame with the neighbors either. He stated that some people would like to blame the Planning Commission, but they are volunteers that serve with no pay, and they get “chewed out” all the time about the decisions they make. They have very little training, resulting in no sense of long-range planning, which is maybe why we find ourselves in this situation. He related that it would be difficult to get a consensus among this panel of what Jacksonville should look like in twenty-five or fifty years. He stated that he sponsored an ordinance three years ago to have a mandatory planning meeting annually, but feels there is still no planning. He then stated that we cannot blame the Planning Commission; they do a good job, as best they can. He related that this project started out as condo for seniors and he was 100% behind that concept. “We need low-maintenance housing for seniors.” He related a high number of seniors from his church have moved from Jacksonville because of the lack of adequate housing for their needs. He stated that then the development changed over a period of time, but now we have concepts that are like what is on the east side of North James Street. “Smaller houses, no lots; but they sell.” He stated that is why Mr. Penn is interested in developing the property and building that type of home. He added that he is saddened by what happened on the east side of North James Street, it should never have happened. “The Planning Commission should never allow that to happen.” He said that he does not know how he is going to vote but added that there are two things to remember, you cannot make a developer or builder construct what you would like for him to build in Jacksonville and in the same token you do not have to rezone a piece of property that is in the Master Plan. He reiterated that he is not sure how he is going to vote and does not know the right way to vote. He added that we cannot make the property owners’ happy and make Mr. Penn happy. He concluded saying that he needed to be convinced. Alderman Ray stated that at the last meeting he had asked the City Council to table this item and the City Council agreed in order to get a traffic count. Mayor Fletcher responded that there are traffic count numbers available. Alderman Ray apologized that the City did not have a traffic count available at the previous meeting, adding that he did a traffic count himself. He stated that over 50% of the traffic is from vehicles cutting through when the freeway is backed up. He added that there is nothing the City can do to stop that, and pointing out that at the most this development could add 40 more vehicles, noting that they would not be traveling in the same direction at the same time. He related that the City is looking at a Master Street Plan to redo the James Street Overpass to improve thoroughfares in Jacksonville. He stated that there will always be various little traffic problems in different places, adding that he hopes to resolve this but the increase of 20 cars and the cut 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. through traffic will only contribute to this. He stated that he likes Mr. Penn’s houses and hopes he continues to build houses in Jacksonville but also wants the neighbors to be satisfied with the houses. City Engineer Whisker stated that the count started Tuesday at 6:00 a.m. and ran through Thursday at 6:00 p.m., for a total of approximately 60 hours. He explained that counters were placed at North Jeff Davis at the south end and one at Harvey Street on the east end. He related that both counters counted about the same, 380 vehicles as the average daily traffic. He then related that North James Street runs approximately 3,800 vehicles daily. He stated that 700 vehicles is considered a low volume for a typical local street. He then noted that collector streets average anywhere from 5,000 to 20,000 depending on the number of lanes and arterial streets which start around 10,000 to 35,000. He stated that North James Street is a minor arterial street on the map but is only two lanes, so it has not quite reached it capacity. He related that counting houses just on Harvey Street and North Jeff Davis, not counting the houses that lead off Blackwell and Oakhurst, there were 35 houses. He stated that it would not include the apartments at the south end, adding that he believes the counter was placed just north of the apartments. He stated that if you add six houses on North Jeff Davis that would be a 17% increase, which is about 11 trips per household on average if you take the 35 and divide by 380. The six houses times 11 trips per household is 66 more trips and 66 plus 380 would be 446 vehicle count. He noted that with the increased traffic on North James Street the numbers would round up to approximately 4,000 vehicles. Alderman Sansing stated that if the ordinance is brought to a vote tonight he would have to vote no because it hit him cold this evening. He added that he did not realize this would be brought up tonight after being tabled. He stated that he does not have enough information to base a decision to change something from the way it is now. He suggested they hold off until we can do research on our own or have further information to base a decision on. He stated that right now he would have to vote no, simply because he does not have enough information. Alderman Smith questioned what additional information would the City Council need? Mr. Chris Shireman, a resident of North Jeff Davis, questioned if the traffic count also recorded the speed of vehicles. City Engineer Whisker stated that these counters do not record speed. He stated that he could conduct a speed study if directed to do so. Alderman Ray concurred with Mr. Shireman that he had observed speeding vehicles. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. City Engineer Whisker noted that the Police Chief is present, assuring Mr. Shireman that he has taken note and will be looking into that circumstance. Alderman Ray moved to table the Ordinance for a later time. MOTION FAILED for lack of a second. Discussion ensued that advanced notice would be hindered by putting the item on table. Mr. Dickie Penn stated that he is here to plead his case, saying that it takes month after month and now after a year to get a project off the ground. He related that he did not want to shed a light on Council as putting a damper on development but as a body “we” have a tendency to put a damper on development. He reminded the City Council that they voted for PUD’s to be an aggressive city and the Planning Commission worked diligently with him and the engineer to help him with this plan. Everybody is always afraid of change and it’s a product that we are still going to build to senior housing, we are not going to limit it to senior housing, it is going to be a little higher price range. We are definitely doing a low-maintenance, very small yard, for people that are tired of mowing and want a low-maintenance house. I plead with you; you are dragging this on and on. I would plead with you to go in my favor. Mayor Fletcher related that he believes the traffic is not the only issue. He stated that he believes the density of the development in this space has been an issue for the residents. He stated that there needs to be further discussion, adding that if further examination or study is necessary, we need to look at the total problem of the area for the residents. He stated that he did not feel another traffic study would reveal anything different, adding that if there are any other suggestions they need to be presented to the City Council. Either take action or give the City Council direction regarding the development. He noted that the six lots currently are zoned for single-family housing. City Engineer Whisker clarified that currently they are zoned R-1, adding that the original subdivision is six 50’ lots facing North Jeff Davis that are roughly 200’ deep. He stated that currently what is there, without the rezoning, is an R-1 or an R-0 zoning for 12 lots; six facing North Jeff Davis 190’ deep and six facing North James Street 190’ deep. Mayor Fletcher stated that whatever is decided, he hopes it can be where everyone feels a sense of victory, adding he is not sure if anyone is going to be totally happy. Alderman Elliott stated that there needs to be some sort of direction offered as to what needs to be considered. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Alderman Smith concurred that he is not sure of the next step, since the traffic count has been completed and reported. Alderman Howard noted that the Planning Commission spent a great deal of time on this development. He stated that the Planning Commission had determined that this would be a good development for the property. He noted that discussion regarding the flag lots also located on James Street was unable to be prevented since there is no ordinance against flag lots. He stated that he would like to see this development go forward as recommended by the Planning Commission. Alderman Sansing related that he would not have a problem moving forward, explaining that he had missed the last City Council meeting, which is very rare for him, but it hindered him from a personal history of the discussion until tonight. He added that he did not know that the item was going to be brought back up tonight, so it hit him cold. Alderman Stroud stated that he was also absent from the previous City Council meeting, but did get a copy of the minutes. He related that he has tried to get acquainted with the problem. He stated that Mr. Penn would like to move forward. He then added that while he can sympathize with Mr. Penn, he also sympathizes with the residents of North Jeff Davis. Mrs. Angela Davis of 1012 North Jeff Davis related that her husband is retired from the military and they have made Jacksonville their home. She related that they did a lot of research regarding various neighborhoods before purchasing on North Jeff Davis, which is a very quiet street. She explained that they were the youngest homeowners to live in the neighborhood, adding that they have been in that neighborhood for 14 years. She issued concerns for the size of house being proposed, saying that she feels it would attract renters. She further voiced concerns for what the neighborhood might change into in the coming years. She stated that everyone in the neighborhood are homeowners. She issued concerns for traffic, as well as decreasing property values, and noted that this is what she intends to leave to her children when she is gone. Mr. Dickie Penn reiterated that when he purchased the lots on North Jeff Davis there were six lots, saying that we would not be doing this meeting if he had just simply built six houses on the lots. He stated that “we would have been done with this and these fine people would not have had to listen to this.” He continued saying that he would not have to do all the improvements that the engineering staff has required; sidewalks, setting aside green space. “The bottom line is there were six lots there and I could have already been long gone with six houses there, and there is no minimum requirement for that neighborhood.” He stated that he feels he is fair in saying that he builds a nice product and does not 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. think it is going to be a rental product. He stated that the Planning Commission was more in favor of a rental product last year but he could not get the financing. “I am caught between a rock and a hard spot.” In response to a question from Alderman Stroud, Mr. Penn stated that originally he was proposing to develop a rental project with access strictly onto James Street. He then agreed that the property was originally plotted for six lots on each street of North Jeff Davis and North James Street. Alderman Stroud questioned if he had made the lots smaller. Mr. Penn stated that the lots are shorter, they are not as deep. He added that they were 50’ X 190’ and now we are doing 50’ X 100’. City Engineer Whisker corrected that it is 44’ for two of the lots. Alderman Stroud restated the question, if the frontage of the lots had been shrunk. Mr. Penn stated that they are all 50’ except the two outside lots and they will appear to be the same or bigger. He stated that they are “scooting” in the lots to offer some open space on the south side and using the closure of Bertha Street on the north side. He explained that the house will be right up against the property line on Bertha Street and there will be 14’ on the south side as a greenbelt. He stated that it would not be fenced; but would just be an open piece of ground between the development and the neighbors to that side. He added that essentially there will be a 50’ greenbelt on the north side and a 14’ greenbelt on the south side. Alderman Stroud questioned what the square footage of each house would be. Mr. Penn stated that for each house there would be a minimum of 1250 or 1300 all the way up to maybe 1600 or 1700 square feet with two-car garages and porches, 5’ side yards, 10 to 15’ back yards and a full 25’ plus on the front yards. He pointed out that the front yard would be the normal setback. Alderman Stroud then questioned the square footage for any other existing houses on North Jeff Davis. Mr. Penn responded that there is a hodge-podge, there are houses as little bitty all the way up to probably 2,000 square feet according to some of the witnesses, maybe 2,100 square feet. Alderman McCleary questioned if the houses are going to be rentals. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Mr. Penn answered, absolutely not. “These are going to be brand new houses for sale in the $140,000 to $160,000 price range. We are going to do granite countertops and really nice appliances. We are going to build them to senior that do not want to maintain a yard but we are not going to limit ourselves to just seniors, so if a young couple wanted to start out with a small house that would work.” Mr. Joe Douglass stated that he has a hobby of looking at different subdivisions, offering that there are places in Chenal, a little gated area where houses are compact and dense; they have streets with a lot of curves and a lot of landscaping, which has some of the prettiest houses in Arkansas. I think that if it is done right, the traffic is just a drop in the bucket. There are so few houses. He related that he lived on Harvey Street years ago and does not believe there has been any construction in the area that has drastically changed anything. He stated that North Jeff Davis is very quiet, but to him he feels this development would hold property values stable. He stated that from what he is hearing it could be a nice project and it is something different for Jacksonville. He stated that other towns have little gated areas that look nice. Alderman Ray moved to table the item until the next regularly scheduled City Council meeting where he will sponsor the item for the next agenda. Alderman Stroud seconded the motion. ROLL CALL: Aldermen Sansing and Ray voted AYE. Aldermen Elliott, Smith, McCleary, Ferrell, Stroud, Twitty, and Howard voted NAY. MOTION FAILED. Alderman Ferrell stated that he had visited the area and looked at the homes, adding that we are aware of the description of what is being proposed; we know that these houses are going to be similar to, bigger than some and smaller than others in the area. He continued that he believes the traffic count is valid, anything less than 700 is low and this is only going from 380 to 446. He stated that he does not see a big different in the appearance of the neighborhood or the traffic count, adding that the does not see it as a determent in any respect. ORDINANCE 1405 (#10-10 AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LYING BETWEEN THE 900 BLOCK OF JEFF DAVIS AND THE 1300 BLOCK OF NORTH JAMES STREETS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSS; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance 1405 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. Alderman Sansing voted NAY (1). MOTION CARRIED. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2010 7:00 P.M. – 8:17 P.M. Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1405 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. Alderman Sansing voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1405. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1405 on THIRD AND FINAL READING. Discussion ensued regarding planning needs for the City. Alderman Ray called for a question to the MOTION. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. Alderman Sansing voted NAY (1). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1405 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Ferrell, Stroud, Twitty, and Howard voted AYE. Alderman Sansing voted NAY (1). MOTION CARRIED. RD ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1405 THIS 3 DAY OF JUNE 2010. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 8:17 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 15