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10 MAY 20.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 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 May 20, 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, Ray, Rinker, Ferrell, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Stroud and Sansing were absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, City Engineer Jay Whisker, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Gary Sipes, IT Systems Director Barbara Daniel, Assistant Finance Director Cheryl Erkel, Human Resource Director Jill Ross, CDBG Director Theresa Watson, Parks and Recreation Director Kristen Griggs, Glenda Fletcher, Marie Fletcher, Tammy Fletcher, Mary Twitty, Ivory Tillman, Edith Smith, Nola Ferrell, Dickie Penn, Ken Fletcher, Robin Baker, Larry Smith, Addie Gibson, Mike Traylor, Mike Wilson, Jim Moore, Rizzell Aaron, Christopher Wright, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of May 6, 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 15 April 2010 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for April 2010 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for April 2010 from the Jacksonville Fire Department, which reflects a fire loss of $57,000.00 and a savings total of $95,000.00. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 P.M. STREET DEPARTMENT: Request to accept bid for 2010 asphalt pavement sealing program In response to a question from Alderman Smith, City Engineer Whisker answered that the City has not used this company before. He explained that this program will be done in Stonewall, adding that it is on a trial basis. He stated that the asphalt is in good shape and this program should help the streets last longer. Alderman Smith moved, seconded by Alderman Howard to approve the bid from Hawk Systems in the amount of $19,965.00 with funds to be drawn from the Street Department. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1404 (#9-2010) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: CORNER OF STANPHILL ROAD AND LEMAC DRIVE A/K/A THE 1200-1300 BLOCKS OF LEMAC DRIVE, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Fletcher announced that Ordinance 1404 (#9-2010) has been removed from the agenda per petitioner’s request. b. 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 STREETS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1405 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1405. City Engineer Whisker related that the Planning Commission recommended the rezoning from their previous meeting. He explained that a “PUD” is a new zoning classification created for unique pieces of property in the City. He related that the developer is proposing to construct 20 houses on approximately 2¾ acres. He stated that there would be six houses on North Jeff Davis, proposing to make a “U” off of James Street for another 16 houses. He noted that it is being rezoned from R-1 to a PUD (Planned Unit Development). 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 P.M. Mr. Bill Engel of 1212 North Jeff Davis addressed the City Council, saying that his home is directly across the street from the property being proposed for development. He related that he has spoken with several residents in his neighborhood, explaining that everyone is upset, pointing out one reason being the traffic. He questioned if a traffic study for James Street, much less Jeff Davis, had been performed. He went on to say that the addition of twenty houses in this one block would greatly increase traffic on James Street. Mayor Fletcher related that the City has performed traffic counts in the past but there has not been one conducted regarding this particular project. Mr. Engel noted that the lots on North Jeff Davis are 50’ and less. He stated that this would bring down the property values of the existing residents. He noted another project in the area that had already hurt property values, adding that the residents oppose this many houses being put in that area. He related that the last time the development was proposed it was going to be an elderly housing development with a fence to rear on North Jeff Davis, so traffic would not have been an issue. He added that the original proposal did not have this many houses proposed, adding that he was not opposed to that proposal. He stated that this proposal is for six houses with access onto Jeff Davis, adding that he is sure if this were being proposed in front City Councilmen’s houses they would not like it either. He related that many of the Council members probably received emails of disapproval from many of his neighbors. He related that he is stating his opposition, adding that if the proposal were for three houses it would be different. He reiterated that this proposal is not the original proposal. Ms. Leann Elliott of 1401 North Jeff Davis stated that she agrees with the sentiments issued by Mr. Engle. She related that she would like to speak to the quality of life in their neighborhood, saying that they have many children and grandchildren in the neighborhood. She noted that they are able to have baseball games in the street only because there is currently not a lot of traffic on North Jeff Davis. She added that there is traffic from the housing development at the other end of the street. She noted times when the traffic has been dangerous, saying that any increased traffic in an area this small would increase problems and impact the quality of life for them. She stated that she does not understand how one person can come in with a “profit motive” and change the quality of their neighborhood. She stated that the development would not help them or increase the value of their homes, adding that the neighborhood feels it will hurt them and impact the quality of life in their neighborhood. Mr. Dale Mitchell of 1214 North Jeff Davis stated that his home is next door to Mr. Engle. He related that his major concern is the traffic. He stated that he has four children, adding that there are many other 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 P.M. children in the neighborhood to be concerned with regarding the traffic. He stated that with the addition of 21 houses there will be at least 21 more cars and in some cases there will be two or three cars per household. He related that there is already a speed problem on North Jeff Davis, explaining that there are younger residents from the housing development that speed as much as 35 mph to 45 mph on North Jeff Davis. He stated that he loves his children and cares about the other children in the neighborhood because children are the future. He related that this is America and we are allowed to make a profit but not at the expense of our children or homes. He stated that he does not want the value of his home to decline because someone else wants to make a profit. Mr. Dickie Penn of 4510 Pennpointe stated that he is the developer of the project. He explained that when he purchased the property it originally consisted of 12 lots, 6 facing North Jeff Davis and 6 facing James Street. He stated that there would not have been any issues for him to have gotten six building permits to build on the lots facing North Jeff Davis. He stated that there would be no reason for the City to deny him 6 building permits for 6 houses. He stated that he is only proposing to build the 6 houses on North Jeff Davis that he is entitled to build. He stated that since he is not a traffic expert, he is unsure what those implications would be. He then explained that the remaining 16 houses will have access from James Street, which is a busy street, adding that the City has future plans to widen that street to four-lanes. He stated that regarding property values, his homes are going to start in the $120,000 to $130,000 range going as high as $150,000 or $160,000. He related that generally homes in the area are not worth $160,000 so he does not feel his homes would hurt their property values. In response to a question from Alderman McCleary, Mr. Penn answered that the average size would be approximately 1300 to 1600 square feet with a two-car garage. City Engineer Whisker then answered that he believes the proposed size is comparable with the existing homes of the neighborhood. He asked for input from residents of the neighborhood. One resident stated that his home was 1800 square feet and another said that his home is 2300 square feet. A resident then added that additionally their homes are on 100’ wide lots, another resident offered that his lot is 75’wide, yet another resident pointed out that there are 10’ setbacks between the homes. In response to a question from Alderman McCleary, City Engineer Whisker explained that the property consists of 12 lots that back up to each other. He stated that six lots face North Jeff Davis and six face James Street. He then explained that the lots facing North Jeff Davis were 50’ lots, which Mr. Penn shortened to 48’ or 44’ in order to provide green space for the overall development. He related that part of the back portion of those lots have been added to the lots facing James Street, 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 P.M. making the lots facing North Jeff Davis half the depth originally. He stated that James Street is a minor arterial street or a major collector street. He stated that traffic is directed to these streets to get people around the City, adding that James Street having more traffic is the proper function of that street. Mayor Fletcher clarified with Mr. Penn that originally the property was platted with 6 lots facing North Jeff Davis and the lots were 50’ X 190’. In response to a question from Alderman Smith, Mr. Penn answered that the Planning Commission unanimously voted to recommend approval to the City Council. City Engineer Whisker then answered Alderman Ray that there were one or two residents who represented opposition at the Planning Commission meeting. Alderman Ferrell confirmed with Mr. Penn that without consideration of this development, the lots on North Jeff Davis could have been sold for single-family housing construction. Alderman Ray suggested that a traffic study for the development be conducted prior to the City Council adopting Ordinance 1405. He stated that the City wants to be development friendly but show responsibility to the community as well. Alderman Ray moved, seconded by Alderman McCleary to table Ordinance 1405 until a traffic study can be presented. MOTION CARRIED with Alderman Howard voting NAY. City Engineer Whisker stated that he would return to City Council with the traffic study as soon as possible. ADDITION TO THE AGENDA RESOLUTION 648 (#10-2010) A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE TO SUBMIT A GRANT FUND APPLICATION TO THE DEPARTMENT OF JUSTICE FOR A JUSTICE ASSISTANCE GRANT TO OBTAIN ARKANSAS WIRELESS INFORMATION NETWORK (AWIN) RADIOS FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Resolution 648 (#10-2010) on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Ferrell to read the heading of Resolution 648 (#10-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 648 (#10-2010). Alderman Ray moved, seconded by Alderman McCleary to adopt Resolution 648 (#10-2010). 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 P.M. Director of Administration Jim Durham related that the grant is being worked by Central Arkansas Planning and Development for the City. He explained that the City will at some point have to spend approximately 1.9 million dollars to convert from analog to digital regarding the 911 system. He stated that this means all new radios in the police cars, adding that part of the Fire Department has their AWIN radios. He stated that this is a no match grant, adding that the City is guaranteed to receive $36,000 to $38,000. He then explained that only 40% to 60% of the grant is expended initially and that is if everyone applies, adding that the balance of the grant will automatically be enrolled into funding. He speculated the City would then request funding to purchase all the radios regarding that portion of the 1.9 million dollar estimate. He noted that the City could possibly end up with $400,000 or $500,000 toward the conversion. Mayor Fletcher noted that the adoption of Resolution 648 tonight is essential given the time line. Director of Administration Jim Durham noted that a lot of the conversion would be hand-held radios, adding that it lists approximately 100-plus radios for the City of Jacksonville. He went on to say that the list is prioritized, noting that the Police Department would be the first entity for prioritization. He explained that if the 911 communication system for Jacksonville were knocked out, emergency calls would be rerouted to Pulaski County dispatch, however without the AWIN radios; Pulaski County would not be able to communicate with our existing radios. He stated that the AWIN system is a State system and they would take over the equipment such as the transmitter and tower. He then noted that currently the City is spending approximately $100,000 annually for maintenance, which the State would become responsible for maintaining the equipment. He stated that this system is what all cities in the State are moving into, adding that this grant would help in the 1.9 million dollar estimate conversion. Mayor Fletcher noted that Motorola estimated it would cost 1.9 million to convert, adding that the timing is fortunate given that the City is in the process of adding the Police and Fire training facility with a new 911 communications system. He noted that even if the City receives as much as $500,000 from the grant, the City will still need to expend almost 1.5 million to complete the conversion. At this time, MOTION CARRIED to adopt Resolution 648 (#10-2010). GENERAL: APPOINTMENT(S): th ANNOUNCEMENT(S): Mayor Fletcher noted that the June 17 City Council meeting is in conflict with the Arkansas Municipal League Convention held in Hot Springs, questioning if the City Council meeting needs to be rescheduled 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2010 7:00 P.M. – 7:27 P.M. or cancelled depending on the call of business for the agenda. Decision to reschedule or cancel will be addressed at the next regularly scheduled City Council meeting. Training for 911 operators Alderman Ray informed the City Council that a group sponsored by the Municipal League is offering to train all 911 operators in the State. He explained that a bill is being introduced to the Legislature to require that all 911 operators be certified throughout the State. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:27 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 7