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99 FEB 04.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 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 February 4, 1999 at the regular meeting place of the Council. Alderman Howard delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Alderman Lewis arrived at approximately 7:06 p.m. Others present for the meeting were: City Attorney Robert E. Bamburg, Human Resource Director Steve Ward, Administration and Public Works Director Murice Green, City Engineer Duane Reel, Finance Director Paul Mushrush, Purchasing Agent C.J. Brown, OECD Director Frank Rowland, Police Chief Hibbs, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Planning Commission Chairman Bob Walker, Mr. Ben Rice, Developer Dennis Zolper, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mr. Terry Sansing, Mr. Charles Ray, Mr. Charles Lowendowski, Mr. Bob Stroud, Leader Reporter Rick Kron, Jacksonville Patriot Editor Jon Parham, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of January 21, 1999 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 7 January 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to APPROVE the monthly Animal Control Report for January 1999. MOTION CARRIED. Report reflects the following: REVENUES ................................. $ 702.00 CONTRIBUTIONS .............................$ .00 ADOPTIONS/FINES ...........................$ 702.00 TOTAL..................................... $ 702.00 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. REGULAR MONTHLY REPORT/OECD Alderman Elliott moved, seconded by Alderman Ray that the Regular Monthly Report for January, of Economic and Community Development Department be approved. Said report reflects: JANUARY YR-TO DATE HOUSING REHABILITATION: Loan Applications (HOME) ................... 2 8 Grant Applications (CDBG) .................. 2 10 Emergency Handicap (CDBG) .................. 0/0 2/2 Warranty Repairs ........................... 0 2 Total Jobs Bid ......................... 4 26 Total Jobs Done ........................ 2 24 JANUARY YR-TO-DATE Sewer line (Loans & Grants Applications received ......................... 1 2 Total Jobs Bid ................................ 1 2 Total Jobs .................................... 0 1 Homebuyer Assistance Grant (HAG) JANUARY YR-TO-DATE Application Received .......................... 2 11 Processed ..................................... 2 13 Total Approved ................................ 2 11 HOME BUILDING/RECONSTRUCTION: JANUARY YR-TO-DATE Loan Applications Processed .................... 0 0 Grant Applications (CDBG Reconstruction) ....... 1 1 Pre-approvals Pending ......................... 2 2 Total Pre-approved Loans ...................... 1 1 ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard, voted AYE, NAY (0). MOTION CARRIED. PUBLIC HEARING: ORDINANCE 1117 (#3-99) AN ORDINANCE VACATING AND CLOSING NIXON, THOMAS, AND A PORTION OF PARRISH STREET, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: THOSE PORTIONS OF NIXON AND THOMAS STREETS LYING EAST OF BAILEY BOULEVARD AND THE FIRST SEVENTY-FIVE FEET OF PARRISH STREET LYING IMMEDIATELY EAST OF BAILEY BOULEVARD); AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:03 p.m. offering those in the audience an opportunity to speak. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Mr. Charles Lowendowski of 708 Parrish Street and original petitioner to the request to close seventy-five feet of Parrish Street addressed the Council regarding concerns for a barricade that would prevent traffic from entering the neighborhood. He said that traffic through the various streets would reduce the quality of life of the residents. He stated that while he hopes the Supercenter is never built, he would still like to have seventy- five feet of Parrish Street closed due to possible traffic concerns from other commercial development of the area. He stated that the integrity, safety and quality of life in the neighborhood must be protected. He said that he is disappointed and paranoid that his request is linked with two other streets closing. Mr. Dennis Zolper stated that Belz-Burrow Development Group joined with Mr. Lowendowski's petition to close seventy-five feet of Parrish Street because they did not object to the closure. Ms. Kathy Wadekamper of 532 Ricky Raccoon read from a prepared statement. She stated that she strongly disagreed with the Chamber of Commerce opinion that the Wal-Mart Supercenter is good for the City of Jacksonville. She related her objections and feelings, saying that the Supercenter will threaten the quality of life in Jacksonville. She said she thought revenues lost from small business and new business not wanting to relocate to Jacksonville will not offset revenues from the Supercenter. She stated concerns for plans of the downtown area if the Supercenter is built. She stated that she likes a small city atmosphere without big congested areas. Mr. Billy Bowles of 504 Parrish Street stated that he favors closing seventy-five feet of Parrish Street and asked for public hearing clarification. Mayor Swaim stated that while no item on the agenda is for the Wal- Mart Supercenter; now would be the time for residents to take the opportunity to address the Supercenter. He further explained the process the developer would have to take through avenues with the Planning Commission. Mr. Bowles stated that he did not have a problem with the closing of Parrish Street and has signed the petition. He then stated that he is still in opposition to the Wal-Mart Supercenter. He requested information for the residents so that they could have the opportunity through the process to voice their concerns. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Mayor Swaim assured Mr. Bowles and offered him the opportunity to do so during this public hearing. Mr. Bowles continued saying that Wal-Mart will abut his property and that the fence or wall proposed by the developer will not suffice. He reaffirmed his earlier concerns and suggested that the development be relocated to the other side of Vandenberg near the small fire station. He offered that as an alternative and further suggested that Wal-Mart expand in its current location. He related wanting answers to questions without appearing to be selfish regarding his property and being perceived as not wanting to see growth in Jacksonville. He then asked if the Council members were looking at other alternatives. In answer to Mr. Bowles questions, Mayor Swaim stated that the City Council does not have the choice of an alternative; adding that the developer has purchased the land is going through the legal process to be able to develop that land. Mayor Swaim related that he has spoken with Mr. Zolper and the Wal-Mart manager who said that there is not enough room for parking or expansion. He then stated that the widening of Loop Road was depicted in the Master Street Plan because it connects to a four lane street (Linda Lane) and was widened to handle the area traffic not specifically for Wal-Mart. He related that the cost of the City was $539,000.00 including ditch work, adding that it was a matching grant with the balance coming from the Highway Department. In response to the relocation question, Mayor Swaim related that the City did not solicit the development. He said that the developer purchased the land and proposed the development to Wal- Mart and is now going through the legal process to develop. He added that he felt sure it would be commercially developed given the developer's purchase investment. He stated that the Little Rock Air Force Base property on the other side of Vandenberg proposed by Mr. Bowles is not for sale. He pointed out that the Fire Station is on a five-year lease agreement with Little Rock Air Force Base and stated that they are not willing to sell any portion of the property. He concluded by saying that the land is not available for development by the City or anyone else. Mr. Bowles question if that had been an impact study regarding the 4 school in the area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Mayor Swaim related that three recently built Pulaski County Schools are in industrial areas. He questioned safety studies regarding those schools and if the School district is the responsible party for such studies. Alderman Elliott related that the Clinton School was built in an already developed commercial area and Batesville Elementary and the Crystal Hill area schools are in industrial areas. Alderman Ray related that the traffic study encompasses the entire area and is available. Alderman Fletcher said that he is not sure that there is room for much concern regarding increased traffic on Gregory Street. Mr. Bowles disagreed stating that there will be an overflow of traffic that will backup on John Harden and overflow into the community. He stated that it is a school policy that the area children in a two-mile radius walk to school and are not provided transportation. Mayor Swaim related that the developer has agreed to go outside their area and help by placing yellow caution lights on either side of the school entrance like those located at the Warren Dupree Elementary school. He stated that the City is looking at all the issues. Mr. Bowles asked if the residents could meet with the City Engineer and the developer to talk about issues to help in their area. He said that he appreciated efforts by the Council and would like to be involved with safety issues. He added that he also has concerns for overflowing water. He related that he still has questions and would like to meet with the developer and offer some suggestions. Alderman Wilson said that it is important to note that the public hearing is only addressing the streets closing, adding that if approved the developer will then go to the Planning Commission with plans for traffic, drainage and etc. He stated that given the process there will be plenty of opportunity for the residents to discuss plans presented by the developer. He stated that it would be the appropriate time to "fine tune" those plans so that everything works as well as possible for everyone. He added that 5 as a technical point of information the City Council will not have the opportunity to vote regarding Wal-Mart because the developer (Belz-Burrow) is the one to lease to Wal-Mart. He related that the Planning Commission will review the developer's plan for paving, streets, drainage and all other improvements with the City Engineer CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. for a development that works for everyone and does not cause a problem for the residents. He concluded that the land belongs to the developer and the City Council is only authorized to deal with the streets closing. Mayor Swaim clarified that the Planning Commission will be the body to move on those items. In response to a question from Mr. Bowles, Mr. Zolper replied that the Planning Commission meetings will be a good time for the residents' involvement, and that they would also be agreeable to meet with the residents outside those meetings. He added that he understands that the residents would probably also want a City representative present. Discussion followed as to when it would be handled by the Planning Commission if the streets are closed. Mayor Swaim clarified that the City Council would be liable if they did not act on the street closing as requested by the developer through legal process. Mr. Charles Ray related that he has been a resident and independent insurance agent in the area since 1964 and favors the streets closing. He explained his familiarity with the neighborhood and said that it will remain a nice neighborhood with the Wal-Mart development. He stated that Jacksonville is a city poised on growth and that is a blessing that Jacksonville is being offered a Supercenter. He related that competition offers the opportunity for better stores and will be a great attraction for the City of Jacksonville with better revenues. He related that he respects the different view points, adding that there are more citizens who are in favor of Wal-Mart than not. He said that any problems could be worked out and resolved between the developer and the residents. Mr. Joe Johnston stated that he opposes the streets closing and that his main concern is quality of life. He related that while it is important for Jacksonville to progress, he feels property values will go down. He related problems for the school and traffic increase. He said that those problems could escalate if people 6 sell their homes and it becomes rental property. He mentioned concerns for downtown development and the environmental impact, adding that having the largest Wal-Mart in the world is not progress. He asked that the human impact be considered, adding that proposals can be overwhelming sometimes. He expressed concerns for other stores and businesses if Wal-Mart is developed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Mr. Kyle Loukota of 515 Hapsburg related that he is opposed to the streets closing because he feels it paves the way to allow the Supercenter to take over Jacksonville. He related that as a business owner in Jacksonville he foresees great problems for small business owners like him. He related that Wal-Mart will under sell and run away small business leaving consumers without a choice for shopping. He criticized Wal-Mart for the donations of monies in the City, adding that small business donate as well. He related concerns regarding the quality of life for the residents of the area along with other traffic concerns. Mr. Dale Campbell of 504 Hapsburg stated that his residential front door view will be the loading dock of the Supercenter. He stated that he lives in a good and peaceful neighborhood. He related that the traffic noise level from the freeway has increased with the increased development of the Cabot area and relating similar concerns happening with the development of the Supercenter. He related that water runoff will be a greater problem than what he already experiences. He said that property values will drop into the sixty-thousand-dollar range. He asked that the Council voice their opinions to the entities that will further address the Wal- Mart development. He suggested alternative development locations including the Vertac site or even a parking structure for the present Wal-Mart. He related that his family will move if the Supercenter is developed. Mr. Johnny Whiteside of 1904 North James stated that he is against the streets closing for Wal-Mart and asked what would happen if the same development was proposed for the Foxwood area. He said that he is asking that the zone three with restrictions be kept. Mayor Swaim clarified that at present the Vertac site is not available for development. He then stated that the zone that holds restrictions is approximately 120 feet by 280 feet of the 26 acres. Hospital Administrator and Past Chamber of Commerce President, Mr. Tom Siemers stated that a clinic developed in the bean fields 7 around the Cabot area has grown and now host different small businesses that moved into that area. He analyzed that development is not a question of one over the other because the pie has gotten bigger and there is more room for everyone. He said that this is how communities grow and lucky communities can grow with a large development such as this. He stated that he is in favor of the development. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Ms. Lisa Marshall daughter of the owners of Floyd's Meat and Seafood which she related has been in business for almost twenty- one 21 years, read from an article that she wrote which recently appeared in the local paper. Her article warned small business of the development of a Supercenter and of the repercussions. She related the growth history of Wal-Mart and accused it of killing small business. She stated that "the few minimum wage jobs created by the proposed Supercenter will pale in comparison to the number of jobs lost by the closing of one or more grocery stores and small business." She said that she is fighting as a small business owner from an entity that "wants all the marbles." She encouraged involvement and advised small business not to give up. She categorized the difference offered customers between goods and services of a small business and Wal-Mart. She pointed out main concerns in balancing out small business against big business in the City of Jacksonville after the certain development of Wal-Mart. Ms. Kamisha Dickerson of #8 Winnie Lane opposed the street closing and asked that Council consider all options before making a decision. Mr. Bruce McFadden current President of the Chamber of Commerce stated that "as the Chamber is in the business of promoting business and economic development" it supports this type of development. He stated that the City is ready for renewed growth and that this development offers an excellent opportunity for growth. He stated that the Supercenter is the type of business that any community would like to see, adding that it brings other growth. He stated that in talking with other people from Jonesboro, Cabot and Searcy he has never heard anything negative and they are happy to have a Supercenter. He stated that it will add to the community and the opportunity to grow should not be missed. He related confidence in the City Engineer and the Highway Engineers who will address the traffic and drainage issues. 8 Ms. Reed read from a prepared statement containing questions from the concerned citizens of Jacksonville to the Jacksonville City Council. She questioned how the land got into the hands of a developer from Jonesboro to begin with and what happened to the proposed air museum park. She asked if anyone in the town or on the board knows the term "community stability" and if Wal-Mart really cares about the Jacksonville community. She asked if what really counts is the bottom line opposed to the quality of life for the citizens. She stated that it has always been a practice to "push around the people who can afford it less" namely those on fixed incomes who are retired and low economic incomes without CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. means to hire powerful law firms to protect them. She reminded the Council that it is their job to watch over the community and ensure peace, security and quality of life for all. She asked that Council evaluate the entire picture and "not some far fetched proposed tax gain for interested parties." In opposition to any financial tax gain she questioned the "true cost" to the rest. She asked that the Council to cancel this project and all projects where it causes a major intrusion and economic impact on the little remaining living area in this town. She stated that Jacksonville is known for its fast food, car lots, run down housing areas, junk yards and flea markets. She stated that the proposal is all about corporate greed. She reiterated aforementioned concerns regarding small business, economic impact, property taxes, additional traffic, environmental impact, heat load from pavement, water run- off, and tree removal. She asked Council to "say no" and reject all proposals that circumvent the rules and allow a large retail store into the area. She said there is never anything but convenience to be gained from these projects. Mayor Swaim reminded Ms. Reed of a petition she had for presentation to the Council. Mr. Bob Stroud said that he is for Jacksonville. He related that in 1990 the proposed Community Center carried legitimate concerns, adding that after construction none of those concerns ever materialized. He stated that if the concerns of the residents are addressed; the development will work. He stated that he is for Jacksonville, progress and the Supercenter. He related confidence in the City Council and pointed out that there is a petition with three thousand signatures for the Wal-Mart Supercenter. He related that he can appreciate the residents' concerns and reiterated that if the developer works with those residents the "right thing" will be done. 9 Mayor Swaim referenced the petition containing three thousand signatures in support of the Supercenter presented to Council. Mr. Tom Smith related that he is a small business owner in Jacksonville and asked to speak on behalf of the organization "Downtown Jacksonville Incorporated" of which he is a member. He related efforts by the organization for the downtown Jacksonville area. He said that they are working on a grant for a statue in the downtown area. He stated that they just missed a grant offered by the State, adding that revenues have been short and additional revenues from Wal-Mart might keep issues such as raises from having to be put before the people. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. He stated that he would like to go on record that he is for the Wal-Mart Supercenter. Mayor Swaim encouraged those to speak either pro or con for the Wal-Mart issue at this public hearing. Mr. Billy Bowles requested permission to address the Council again, saying that there seems to be a feeling that he and the residents of the area are against progress and Wal-Mart. He said that this is not true, adding that they favor Wal-Mart and do shop at the current Wal-Mart. He then stated that they are opposed to the relocation of Wal-Mart, adding that if you relocated it to Stonewall or Foxwood they would be the first customers. He reiterated that he is opposed to the location not progress. He stated that most Wal-Mart employees are second job employees, adding that it would not be a major accomplishment for business and revenues. He said that most Wal-Mart employees are kids, retired personnel or people supplementing their salaries. He stated that he and his neighbors want to go on record as opposing the location proposed. He reiterated suggestions of alternative locations. Mr. Terry Sansing of 1005 Lehman related that research obtained from the Small Business Development Center at UALR reports that nationwide 92% of jobs created are by small business and in Arkansas the number is closer to 97% created by small business. He then related that small firms hire a larger portion of part time employees, people under the age of 25 or over the age of 65 and more people on public assistance. He stated that these are the kinds of jobs threatened by the Supercenter. He presented statistics for high accident intersections in 1998, citing North First and T.P. White and pointing out the short exit ramp on 10 Vandenberg coming in from Cabot. He said that even with changes he does not believe the area will be equipped to handle the high volume of traffic. He related that traffic will cut through Gregory and in front of the school. He related traffic concerns for Wal-Mart coupled with the Air Base shows or any holiday. He related that without the streets closing the Supercenter could effectively be stopped in that location. He asked that Council not close Nixon and Thomas, but added that he thought it would be a good idea to close Parrish Street. He admonished Council to decide carefully and stated that since the museum commission has realized a windfall; the Council should ask that ten-thousand dollars in tax payer money be returned that was given to that commission. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Ms. Kathy Wadekamper of 532 Ricky Raccoon stated that her address shows that she does not live near the development, however, she does not want it anywhere in Jacksonville. She reaffirmed her earlier statements regarding the quality of life for Jacksonville. Mr. Bob Green related that as business owner from Jacksonville who travels all over the State, he has observed that the really vital towns are those like Benton, Searcy and Conway who have Wal-Mart Supercenters. He stated that the fact Jacksonville is being considered for a Supercenter should make everyone feel proud. He stated that growth needs to be looked at for the next ten to fifteen years, adding that Jacksonville will be a better place with the Supercenter. He related that the end and net result will be of benefit for the community. Ms. Joanne Reeves of 1816 North Bailey Street stated that she and her husband purchased a lot to build their home and were assured that the green area behind the Holiday Inn would remain. He then related assurances regarding multi-family development as a buffer zone. She stated that the property was appraised at $125,000.00 and they paid taxes according to that appraisal, adding that when they took out a loan on the property it was then valued at $85,000.00. She stated that the green area had been sold and a Western Sizzlin was built which in turn decreased her property value. She related that Western Sizzlin was required to build a wall or fencing which never occurred. She said that she and her husband planted pine trees as a buffer zone that she said would be removed by Wal-Mart. She then expressed concerns regarding the closing of Bailey. She expressed concerns over changing the 11 requirement for the multi-family development and questioned assurances from Wal-Mart that may never occur. Mayor Swaim related that signatures for the Bailey Street closing have been received and a public hearing set. Alderman Gentry read the following prepared statement: "As we all know this issue that we face tonight is a very serious one, that in several years down the road can affect the City's economy in a negative or positive manner unless we commit to carry out a plan for economic growth to aggressively recruit business and industry in this City. In 1995 a marketing plan was put together by the Department of Economic and Community Development, working with elected officials, business owners, civic groups and private citizens. Without going into details it highlights the strengths and weakness in commercial, residential, industrial and downtown areas of this City. One goal in this plan was to start a small business incubator, to encourage City residents to begin businesses CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. and also help retain existing small businesses. Just last year that goal was met and we are doing just that thanks to Mr. Rowland the director of the Department of Economic and Community Development and his hardworking staff. We must continue to try and execute many aspects of this plan and if necessary add to it. If we continue to do this and work along with the Chamber of Commerce and other organizations within the City, Downtown Jacksonville as well, then we will certainly be on the right path for economic growth. As elected officials it is our main responsibility to look out for the citizens of the City and for the future of Jacksonville. Even though now it looks like Wal-Mart if they build their Supercenter they will profit and generate more revenue for the City, we must understand that business is business and if many years down the road if for some unforeseen reason things aren't going well for Wal-Mart, they could just pack up and leave which brings emphasis to the fact that we definitely need to work on defining how and what kind of economic growth we want to occur in this City. Over the past month I have spent time calling and meeting with citizens, many of them are here tonight, about this matter especially those who will be directly affected by this Supercenter if it goes through. I cannot say that I fully understand all the concerns that the residents have in the area where the proposed site is because it is not going in my back yard; it would be wrong of me to say that I can understand their pain, however, I can certainly be sympathetic to their concerns as we all should be. It is important to keep the line of communication open and work hard to make sure that any concerns that those residents 12 have are met. It is more than apparent that we must define what kind of City we want now and in the future. For the most part citizens want economic growth but in a wise manner. We want to create jobs that pay livable wages so that families can move here and afford to buy homes and generate more revenue for this City. I feel that this can certainly work, but I once again caution that we can not drop the ball. That we must make clear to the developer throughout this process what we expect and what we hope to work out with the residents". In response to a question posed by Alderman Smith, City Engineer Reel related that he has spoken with the residents over the last few months and has promised them that no building or develop permits would be issued until certain items were met such as adequate drainage, drainage detention addressed so that it would not affect anything downstream, three lanes for John Harden Drive with Highway Department intervention and its findings. He related that there is a good drainage study with the design of a detention CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. basin and wetland mitigation plans that was presented to and satisfied the Corp. of Engineers. He related that the Highway Department has required that the Supercenter entrance be moved 300 feet south from the original plan which will address taking traffic away from the on-ramp. The Highway Department has also requested that the developer install a traffic signal to control ingress and egress from the shopping center. He related that the primary route traffic signal would treat traffic coming out of the shopping center as secondary and be activated by mounted cameras on the mast arms which would count cars and allow for clearance of the intersection. He stated that the conditions he first stipulated to the Planning Commission have been met. He related that a third lane will be constructed on John Harden Drive at the developers expense and drainage problems that exist currently on John Harden will be addressed by taking water away from the Highway and moving it back to the proposed drainage system and into the detention basin which will have bigger inlets to remove water. He stated that traffic has been addressed so not as to impede northbound traffic from John Harden Drive to Vandenberg and Toneyville. Mayor Swaim closed the public hearing at approximately 8:30 p.m. It was noted that stipulations regarding a berm would be addressed through the Planning Commission. 13 Alderman Ray moved, seconded by Alderman Wilson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. Alderman Williamson voted NAY (0). Motion received nine (9) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten, (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Wilson to ACCEPT the Ordinance on FIRST READING. Alderman Fletcher offered that as City Fathers seeds for the future need to be planted and fear cannot be allowed to rob the City of opportunities; adding that 90% of the time those fears never materialize. He cited problems with the skating rink that were worked out, adding that the business now prospers while offering something of value to the community. He stated that any problems CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. can be worked out and said he appreciated Mr. Bowles attitude of wanting to calmly work those problems out. He related that he felt attitudes from some residents suggested that they believed big business was the only element being given consideration and that he as a small business owner is concerned for the welfare of the City as well as himself. He talked about the responsibility for business' closing on Main Street and said that Wal-Mart cannot be blamed without looking at the Malls. He said whatever problems exist can be worked on and solutions agreed upon. He related concerns regarding jobs for kids after school and those who leave Jacksonville after graduation. Alderman Gentry echoed the sentiments regarding attitudes of residents who felt that it was a "done deal" without consideration for their concerns. He stated that those sentiments are not correct and encouraged the citizens to be involved in the process. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules 14 and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Wilson moved, seconded by Alderman Ray that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Wilson that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1117 THIS THE 4th DAY FEBRUARY 1999. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Mayor Swaim clarified that the Planning Commission will discussion issues involving the proposed Wal-Mart development at 7:00 p.m. February 8, 1999. WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: ORDINANCE 1113 (#23-98) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LYING BETWEEN PARRISH, NIXON, AND JOHN HARDEN DRIVE OF THE MAIN GATE DEVELOPMENT, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Ray to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, 15 (0) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten, (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Ray moved, seconded by Alderman Wilson that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. Alderman Elliott related that he would like to assure the residents that their concerns have been given serious consideration, adding that he has received more input from citizens and judged those comments to be 10 to 1 in favor of the development. He said that he looked at the concerns and what would be best for the City, adding that it was not arrived at lightly or pre-determined. Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Elliott moved, seconded by Alderman Smith that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1113 THIS THE 4th DAY FEBRUARY 1999. 16 c. ORDINANCE 1118 (#4-99) FAIR HOUSING was pulled from the agenda. d. Request to Approve Bid for Janitorial Services Mr. Mushrush recommended that bid be awarded to R & R Janitorial Service who is the second to lowest bidder and currently has the contract. He related that they have been contracted for the last two years and have an excellent record and proven responsiveness to the janitorial needs of the City. He related that the low bid is $372.00 cheaper but has no current clients and no client references. Alderman Wilson moved, seconded by Alderman Ray to accept the bid from R & R Janitorial Services for $12,720.00. MOTION CARRIED. APPOINTMENTS: Alderman Smith moved, seconded by Alderman Ray to approve the appointment of Mr. Ken Nabors to the Planning Commission vacancy for a term to expire 01/01/2001. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith to approve the re-appointment of Mr. B. J. Boroughs to the Board of Adjustments for a term to expire 02/05/2201. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 4, 1999 7:00 P.M. - 8:54 P.M. ANNOUNCEMENTS: Mayor Swaim thanked those who participated in the relief efforts of the tornados. He complimented the action taken by the Little Rock Air Force Base and many citizens in the community. Mayor Swaim asked for recommendations for 1999 Committee appointments prior to the next regularly scheduled City Council Meeting. Alderman Wilson requested that a letter be forwarded to the Little Rock Force Base on behalf of the City for their participation in the relief efforts. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 8:54 p.m. Respectfully, 17 ___________________________ ____________________________ Susan L. Davitt MAYOR City Clerk-Treasurer 18