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00 JAN 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 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 January 6, 2000 at the regular meeting place of the Council. Alderman Ray 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 nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, Finance Director Paul Mushrush, City Engineer Duane Reel, OECD Director Frank Rowland, Purchasing Agent C.J. Brown, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Chamber of Commerce Director Bonita Round, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mrs. Addie Gibson, Leader Reporter Rick Kron, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of December 16, 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 2 December 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Wilson moved, seconded by Alderman Gentry to APPROVE the monthly Animal Control Report for December 1999. Report reflects the following: REVENUES……………………………………………..$ 564.00 CONTRIBUTIONS………………………………….$ .00 ADOPTIONS/FINES…………………………….$ 564.00 TOTAL……………………………………………………..$ 564.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for Tub Grinder Parts Alderman Smith moved, seconded by Alderman Ray to accept the low bid from Plan A in the amount of $13,548.00. MOTION CARRIED. PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE 1129 (#1-2000) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: STANPHILL ROAD AND 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. Alderman Smith moved, seconded by Alderman Wilson that Ordinance 1129 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the reading of Ordinance 1129 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Wilson to ACCEPT Ordinance 1129 on FIRST READING. Mayor Swaim responded that the request came from the owner with no objection during the public hearing process, adding that the rezoning request is in uniform with surrounding property that has been developed for mobile homes. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1129 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Gentry to further suspend the rules and place Ordinance 1129 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Wilson to APPROVE AND ADOPT Ordinance 1129. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1129 THIS THE 6TH DAY OF JANUARY 2000. Discussion ensued and it was requested that the Engineering Department furnish a general area site map regarding rezoning request forwarded to the City Council. GENERAL: a. RESOLUTION 525 (#1-2000) A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL AID MONIES FOR THE HIGHWAY 161 SIDEWALK PROJECT; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Williamson that Resolution 525 be read. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the reading of the Resolution 525 in its entirety. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Gentry that Resolution 525 be APPROVED. Mayor Swaim related that Resolution 525 is a sidewalk project from Trickey Lane to School Drive regarding regulations from the Highway Department and matching funds. Director of Administration Murice Green related the Resolution is a follow up to a prior resolution approved by the Council regarding the use of Federal Funds. He pointed out that the Resolution specifies percentages for Federal Share and City Match for the west side of Highway 161 and that the projected completion date is in the year 2000. Mayor Swaim related that sidewalks along a State Highway presents different regulatory situations, pointing out requirements for construction of a cover extending four to six feet under the railroad overpass for safety purposes. It was noted that business located near by would not present a problem regarding room for sidewalk placement which will be raised and provide access control. At this time MOTION CARRIED. b. ORDINANCE 1130 (#2-2000) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 12.24, 17.24, 18.26, AND 18.38; AND CREATING JACKSONVILLE MUNICIPAL CODE 12.06; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Gentry that Ordinance 1130 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. Alderman Ray moved, seconded by Alderman Gentry to DISPENSE with the reading of Ordinance 1130 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson to ACCEPT Ordinance 1129 on FIRST READING. In response to a question from Alderman Wilson, Mayor Swaim related that in an oversight there are currently no requirements for sidewalks, adding that in 1986 requirements for sidewalks in residential areas were removed. Director of Administration Murice Green related that codes pertaining to sidewalks were located under at least three different titles in the Jacksonville Municipal Code, adding that this brings all code requirements together under the Master Sidewalk Plan. He stated that there is a turn toward sidewalks in the community and pointed out that federal funding requires a Master Sidewalk Plan be in place. He related that the Master Sidewalk Plan would also restore code requirements in residential areas. He further related that changes from the Planning Commission included five foot sidewalks in residential areas be reduced to four foot residential and the four foot buffer zone requirement was changed to be determined by the amount of right-of-way or other obstacles. He related that the Plan provides for width, slop and construction specifications of sidewalks regarding ADA requirements. He pointed out that several cities in Arkansas are currently being sued for non-compliance, adding that anytime a sidewalk is constructed it can fall under heavy scrutiny regarding ADA compliance. He related that efforts have been concentrated in areas around schools, business and residential areas, which is represented in the Master Sidewalk Plan. Discussion ensued and it was determined that width for commercial sidewalks was unintentionally left out in Section Two, paragraph E of the street classifications but was intended to reflect a specification for five foot sidewalks. It was noted that zoning dictates the classification of streets. Other questions arose regarding if placement of sidewalks in a culdesac should be determined by number of houses. Mr. Green read from the last CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. paragraph page three of the ordinance “Where conditions warrant, the Jacksonville Planning Commission may grant variances to the terms and conditions required in this Ordinance. It shall be the responsibility of the City Engineer to consider variances in construction standards when requested and to make a determination to allow or disallow where conditions warrant.” He then stated that he is not sure if it should be left unspecified. Discussion ensued as to standards in place by other cities. Alderman Fletcher questioned the construction recently of sidewalks in culdesacs, adding that he felt sidewalks in a culdesac are an undue burden. Mayor Swaim cautioned exclusion of culdesacs without a limit because of the possibility regarding long culdesacs. He pointed out that the definition of local street on page eighteen could be amended to additionally exclude culdesacs with less than twenty to thirty lots or specifically state “no sidewalk is required in culdesacs with less than twenty lots.” Alderman Wilson concurred and cited examples such as Burgundy Court with six houses which features a culdesac that he feels is very functional. He stated that if sidewalks are excluded it pushes children in those area to the street. He suggested passage of the first reading regarding the Ordinance with additional input for the next regularly scheduled City Council meeting. He warned of the need to change the ordinance later if not carefully considered at this time. Alderman Fletcher raised questions regarding construction of sidewalks by developers and at what stage of construction that is to occur. Director of Administration Murice Green related that there are several different ways to accomplish the completion of sidewalks in subdivisions, adding that the intent is that the owner/developer will construct the sidewalk. Discussion ensued and it was related that other than the developer being responsible for the placement of sidewalks, issues of escrow have not been addressed. It was requested that Mr. Green/Engineering research and address options for sidewalk placement. Mr. Green related that to his knowledge sidewalks are constructed during the development and that if they become damaged from heavy CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. equipment during the development, the contractor is responsible for repairs. Mayor Swaim concurred, adding that there were attempts to let contractors construct sidewalks in front of the house being constructed which resulted in non-uniform and varied sidewalk appearance. ROLL CALL: Aldermen Elliott, Smith, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. It was the consensus of the City Council to postpone complete passage until the next regularly scheduled City Council meeting. APPOINTMENTS: BOARD OF ADJUSTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the appointment of Mr. Mark Perry to fill the unexpired term of Mr. B.J. Boroughs to expire 2/5/2002. MOTION CARRIED. PLANNING COMMISSION Alderman Smith moved, seconded by Alderman Gentry to approve the appointment of Dean Wilburn to the Planning Commission for a term to expire 01/01/2004 and the re-appointment of Mr. Bobby Lester to his first full term and Mr. Bill Corroum to a second term to expire 01/01/2004. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim reminded Council members that anyone planning to attend the NLC meeting of March 10th 2000, please confirm with Bertha Tipton. WATER RATES Mayor Swaim related that the Little Rock Water Commission and the Little Rock Board have rescinded the Water Rate Increase Ordinance and have agreed to lower from 1.7 million to Three Hundred Thousand the estimated increase to North Little Rock. He added, however, that it is not a permanent agreement and pointed out that in the original proposal there was a two-stage rate increase of 38% in the first year with an additional percentage raise in the second year. He stated that the agreement so far is to delay implementation of CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. the 1.7 million dollar increase for one-year, adding that it will be nine Hundred Thousand for that year. He stated that if agreement is not reached in the twelve month period, then the Little Rock Water Commission will recommend again that it go to the 1.7 million plus the planned percentage increase for the second phase. He related that the proposal is at the discussion stage for 12 months, providing a time frame to work out arguments on both sides. He stated that Jacksonville has worked closely with North Little Rock who has a 22% increase unrelated to the proposed increase from Little Rock. He said that the North Little Rock Water Commission has not made any recommendation yet regarding what they feel will be the rate increase for Jacksonville. He projected February or March before Jacksonville will know all the details of how much it will cost local residents. He related that Jacksonville has requested consideration regarding the 50% mark up and the North Little Rock Mayor has committed to at least a lessor rate to be approved by their Water Commission and City Council. He stated that water rates are a major issue and pointed out that Jacksonville has comparably low water rates Statewide. He spoke regarding the study to set aside land at Camp Robinson to build a reservior and treatment plant that can provide water for all facilities north of the river including as far as BeeBe if they choose to participate. He related that such a project would be very expensive and long term, but is being discussed as a possibility. He stated that meanwhile efforts are continued and Mr. Harvey of the Little Rock Water Department has been very responsive to questions from Jacksonville. He pointed out that Jacksonville has not been excluded, although it is does not hold the primary fiduciary relationship with Little Rock regarding the direct purchase of water. He stated that Jacksonville’s fiduciary relationship is with North Little Rock since we buy water directly from them. He added that in turn Jacksonville sells that water to the City of Cabot and two water users associations. He stated that future growth in Central Arkansas depends on a substantial 50-year water supply as soon as possible. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 6, 2000 7:00 P.M. - 7:43 P.M. WAL-MART OPENING Mayor Swaim related that the City is addressing the caution lights near the school and has checked with Temple regarding progress on the video camera system scheduled for completion by the grand opening. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:43 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer