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11 MAR 03.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 3, 2011 7:00 P.M. – 7:34 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 March 3, 2011 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, Traylor, Stroud, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Robinson was absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Finance Director Paul Mushrush, Parks and Recreation Director Kristen Griggs, Assistant Finance Director Cheryl Erkel, Public Works Director Jim Oakley, City Engineer Jay Whisker, Human Resource Director Jill Ross, CDBG Director Theresa Watson, IT Director Barbara Daniel, Water Department Superintendant Mike Simpson, Mrs. Marie Fletcher, Mrs. Addie Gibson, Mr. Tommy Dupree, Mr. Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of February 17, 2011 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 3 February 2011 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for February 2011. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 10 Building Inspections 17 Business Licenses 12 Electrical 24 Plumbing 27 HVACR 10 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 10 Property Mowed 0 Towed 0 Trash Letters 3 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 0 Property Maint. Letters 20 Structural repairs made 0 Cost $ .00 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 3, 2011 7:00 P.M. – 7:34 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 0 Search 0 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT: Northlake Gardens Alderman Smith moved, seconded by Alderman Stroud to approve the Final Plat of Northlake Gardens as recommended by the Planning Commission. MOTION CARRIED. GENERAL: 7:00 PUBLIC HEARING Hwy. 67 North Corridor Annexation RESOLUTION 656 (#2-2011) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTIES BOARDERING THE NORTHERN BOUNDARIES OF THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS THE HWY. 67 NORTH CORRIDOR ANNEXATION); AND, FOR OTHER PURPOSES Mayor Fletcher opened the public hearing at approximately 7:02 p.m. City Engineer Whisker reviewed the boundaries of the proposed annexation, saying that on the east side it would start at the Lakeside Mobile Home Park and continue to the Lonoke County line. He added that on the west side it would begin at the City limits and continue to the County line. He noted that the parcels in the proposed annexation are those parcels that touch Hwy. 67, adding that one other person who has property not touching Hwy. 67 requested to be included in the annexation. He explained that this was a voluntary annexation by petition. Debbie Copper addressed the City Council regarding a person who said they were being annexed but their property did not touch Hwy. 67. City Engineer Whisker pointed out how the property is contiguous, adding that they requested to be included. Ted Ellum issued concerns for how the property would be zoned, pointing out that there is nothing in the Resolution that addresses zoning. He requested assurances for those businesses located within the proposed annexation. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 3, 2011 7:00 P.M. – 7:34 P.M. City Attorney Bamburg explained the annexation process through the County Judge, further explaining to Mr. Ellum that the zoning would come back before the City Council for approval when they accept and approve the annexation and zoning map. Mr. Ellum stated that he wanted to have it on record, saying that originally it was disseminated that businesses would have to apply for zoning, then the letter from Mayor Fletcher stated that his office would recommend the zoning, adding that the newspaper quoted Mr. Durham as saying that the Planning Commission has approved the issue. He quoted Mr. Durham from the newspaper article saying “every business will be allowed to come in as they are, and owners can sell their business to others, who can continue to operate them.” Director of Administration Durham stated that is not what he told the newspaper, saying that he was misquoted. Mr. Ellum stated that he would like to make it clear that he has no objection, saying that it will not cost them anything. He stated that it is income for the City, which is the whole thing. Mayor Fletcher stated that it is a development issue, adding that water and sewer is planned for the area. He went on to say that this concerns future development, which will be good for everyone located in the proposed annexation. He stated that when the pros and cons were presented to the property owners, several made the comment that it would be foolish not to be annexed. He explained that the letter states he will recommend to the Planning Commission that the businesses are grandfathered in. He went on to point out that the Planning Commission is working to create a special zoning classification of C-5. Mr. Ellum was corrected that the City of Jacksonville does have an M-2 zoning classification for manufacturing. He reiterated that he wanted assurances directly from Mayor Fletcher that businesses will be zoned for their current uses. Discussion ensued that even if the Planning Commission were to make a different recommendation, it would still have to come before the City Council. City Attorney Bamburg clarified that the City Council does have the authority to override the Planning Commission. Mr. Ellum redirected his question to Mayor Fletcher, asking if he would override the Planning Commission if necessary. Mayor Fletcher stated that he would do as he promised in his letter. He stated that if he were to lie, then he would lose his power to lead. He added that he believes the City Council feels the same way. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 3, 2011 7:00 P.M. – 7:34 P.M. Mr. Aaron Rizelle addressed the City Council reading from a prepared statement. The City Clerk’s office was not given a copy of the prepared material. He admonished the City Council for allowing the same types of business into the City that they had fought against not so long ago. He stated that if the City is going to allow liquor businesses in the City, then the City should offer drug and alcohol rehabilitative services. He asked the City Council to consider the meaning of morality, and quoted the Bible Genesis Chapter 18:20 regarding Sodom and Gomorrah. He stated that for the same reason these businesses were fought against then, it is not good for the City now. He proposed that it is trading morality for money. He stated that there has to be another way to make money for the City without sending this signal to the citizens. Mr. Roger Cruise stated that his neighbor’s property joins Peters Road and Hwy. 67, explaining that this neighbor was assured that he would not be included in the annexation, but the map shows a part of his property included. Discussion ensued and it resolved that a portion of the property was sold and the property in question is not included in the annexation. Mr. Durham clarified that the only parcel number on the map is Mr. Belote’s parcel number. It was further clarified that the other property has not been recorded through the County Clerk’s Office. With no one else to speak, Mayor Fletcher closed the public hearing at approximately 7:16 p.m. Alderman Stroud moved, seconded by Alderman Sansing to read Resolution 656 (32-1011) ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. (0) voted NAY. Whereupon City Attorney Bamburg read the heading of Resolution 656 (32- 2011) Alderman Stroud moved, seconded by Alderman Sansing to approve Resolution 656 (#2-2011) in its entirety. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, and Howard voted AYE. (0) voted NAY. Whereupon City Attorney Bamburg read the heading of Resolution 656 (32-2011) b. UPDATE Main Street Engineering Project City Engineer Whisker presented a PowerPoint presentation offering aerial views of the Main Street Intersection Project. He noted that the waterlines at the intersection are being put in underneath the sidewalks, adding that hopefully future lines will involve more boring causing fewer interruptions to traffic. He thanked everyone for their patience regarding traffic issues during the project. He noted that the part currently being constructed is the brick crosswalks. The street corners have been dug up and beautification will begin on those. He 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 3, 2011 7:00 P.M. – 7:34 P.M. noted that there will be black fluted poles with new lights. He reviewed that a lot of wires would go underground so there will be a clear aerial from the north to the south sides. He showed completed areas of the project, noting that some of the asphalt would be milled out and redone, making the transition smoother. He explained that the bricks are laid in a concrete trough, filled with sand and then vibrated to lock the bricks in place. He related that the completion date was moved out slightly due to weather concerns at the beginning of the project. He noted that the crosswalk was the biggest portion, after this is completed they will begin setting the poles. Mayor Fletcher noted that the retaining wall was demolished. City Engineer Whisker reviewed that the wall is much smaller and will be brick faced to match the bricks in the crosswalk. He then related the issue of a major drainage concern that was able to be addressed during the construction in front of McDonalds. He then answered that between six to eight new lights will be installed at the intersection. He added that there will be pedestrian lights. DEVIATION IN AGENDA: Mayor Fletcher requested permission to deviate from the agenda to have the City Council establish a public hearing. He explained that the City submitted a pre-application for a disaster relief grant where the City would receive $187,000 to purchase a generator for the Wastewater Utility East Plant. He explained the need to host a public hearing. Alderman Smith moved, seconded by Alderman Stroud to suspend the rules and place the item of business on the agenda. MOTION CARRIED. Mayor Fletcher asked that the public hearing be set March 17, 2011 @ 6:30 p.m. prior to the next regularly scheduled City Council meeting. Alderman Elliott moved, seconded by Alderman Ray to set the public hearing for March 17, 2011 @ 6:30 p.m. MOTION CARRIED. APPOINTMENT(S): BOARD OF ADJUSTMENT Alderman Sansing moved, seconded by Alderman Ray to approve the reappointment of Leroy Akridge for a term to expire 2/05/2014. MOTION CARRIED. JACKSONVILLE HOUSING AUTHORITY Alderman Ray moved, seconded by Alderman Sansing to approve the reappointment of Mike Wilkerson for a term to expire 3/17/2016. MOTION CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 3, 2011 7:00 P.M. – 7:34 P.M. ANNOUNCEMENT(S): Citywide Cleanup Day will be held April 2, 2011 beginning at 8:00 a.m. Residents interested in participating are to meet at the Jacksonville Recycling Center at 1300 Marshall Road. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:34 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 6