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08 FEB 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 11, 2008 7:00 P.M. - 7:15 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on February 11, 2008. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Charles Evans, Chad Young, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Marcus Dupree, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Young moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 14 January 2008. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): FINAL PLAT Dupree Estates Mr. Dupree stated that he is also requesting a waiver of sidewalks with Final Plat approval. Acting City Engineer Whisker informed the Commission that Mr. Dupree had to have a manhole and 300’ of sewer line constructed. He explained that Mr. Dupree had related his desire for a sidewalk waiver, adding that he would rather not waive the sidewalk. He stated that there were lots approved in the 90’s to the north, pointing out that Valentine and the CloverRidge Subdivision PH I, II, and III have sidewalks. He stated that Mr. Dupree’s lot is approximately 200 to 300 feet in proximity to the CloverRidge Subdivision, one large lot size away from the Subdivision. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker answered that the Water Department has given approval and the Sewer Department only lacks air testing the line. It was clarified that the homes to the north that were platted in the 90’s do not have sidewalks. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 11, 2008 7:00 P.M. - 7:15 P.M. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker replied that this would be the only sidewalk on the street north of Valentine, adding that eventually the City would probably build sidewalks to make connections. He stated that the sidewalks would most likely be on the inside of Cloverdale where Mr. Dupree is building his home. He noted that the CloverRidge Subdivision already has sidewalks built all the way through on that side of Cloverdale. Chairman Traylor clarified that the required sidewalk would be 166’. Mr. Dupree then answered that there is a home to the south side of his home and Acting City Engineer Whisker further clarified that the home was approved on a metes and bounds building permit in 2003. He added that he did not believe sidewalks were required at that time with a metes and bounds building permit. Commissioner Young stated that it is typically the Planning Commission’s policy to include sidewalks in all projects, adding that the City does not want to have to add sidewalks. He stated that he did not feel this project would merit a waiver from sidewalk requirements. Commissioner Young moved, seconded by Commissioner Howard to approve the Final Plat of Dupree Estates and deny the request for a waiver from sidewalk requirements and contingent upon acceptance from all utilities. Mr. Dupree questioned who would maintain the sidewalk and keep the grass cut. He explained that he did not have the funds to construct a sidewalk, noting that he had already spent $12,000.00 to construct a manhole so that he could get sewer service to his home. He stated that technically this would fall under the City’s guideline for a financial hardship, reiterating that he does not have the funds to construct the sidewalk. Acting City Engineer Whisker related that the sidewalk in any final plat could be bonded with cash or an actual bond. City Attorney Bamburg clarified that the motion before the Commission would have to be amended to allow any arrangement for bond. Chairman Traylor informed Mr. Dupree that he would be responsible for the grass cutting around the sidewalk. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 11, 2008 7:00 P.M. - 7:15 P.M. Mr. Dupree then questioned the legal liability if someone were to fall or trip and be hurt on the sidewalk. He stated there are a lot of children in the area and his concern would be that if he constructed the sidewalk in front of his house, he feels children might bring their skateboards to play on the sidewalk. He stated that the sidewalk would belong to the City but technically is not connected into the sidewalk system. Acting City Engineer Whisker stated that as long as sidewalks are constructed to City standards the City would accept and maintain the sidewalks following a period of one year. He noted that grass maintenance is the responsibility of the property owner. Commissioner Herbold expressed concerns for developments that have small culdesacs that negate the sidewalk requirement when it would be advantageous for the sidewalk to continue, pointing out that in contrast this sidewalk would not continue in either direction. He stated that he would be in favor of a sidewalk waiver. Acting City Engineer Whisker stated that sidewalks are commonly developed in pieces, citing the development on North First Street where sidewalks will be piece meal through the developers efforts and the City to have sidewalks that connect going towards the proposed location of the new education facility. He then explained that in the area of CloverRidge the same type of sidewalk development occurred. He then reminded the Commission that in 2001, the Planning Commission approved a subdivision without sidewalks and when sent to City Council for approval, the City Council required sidewalks. He stated that the case went to court and was eventually won by the City. He stated that the City Council has made it very clear that they want sidewalks. He stated that the only exception that he is aware of would be the transfer of some land to three family members following a landowner’s death. In response to a question posed by Commissioner Herbold, Acting City Engineer Whisker acknowledged that the lots to the north of the wastewater treatment plant were approved some time ago and are now being developed. He explained that when a lot is final platted it is ready for house construction, adding that all improvements have been established. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 11, 2008 7:00 P.M. - 7:15 P.M. In response to a question posed by Commissioner Young, Acting City Engineer Whisker clarified that as per the Master Sidewalk Plan a culdesac with less than 20 lots is exempt from sidewalk requirements. Commissioner Young offered that consistency in development should be established and this might be a good topic for discussion at the joint Planning Commission and City Council meeting. Commissioner Charles Evans clarified with Acting City Engineer Whisker that the new development on North First was required to have sidewalks. Acting City Engineer Whisker agreed, pointing out that the sidewalks are 5’ in width. At this time MOTION CARRIED, with Commissioner Herbold voting NAY and Chairman Traylor voting AYE. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: Chairman Traylor informed the Commission that the first annual Joint Planning Commission/City Council meeting would be held February 12th beginning at 11:30 a.m. at the Community Center. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 7:15 p.m. Respectfully submitted, _________________________ Susan L. Davitt