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01 DEC 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 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 December 6, 2001 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Vice Mayor Twitty led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud, answered roll call. Vice Mayor Twitty also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (3). Mayor Swaim was attending the National League of Cities in Atlanta, Georgia, Alderman Lewis and Howard were also attending the meeting in Atlanta. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Director of Public Works Jimmy Oakley, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Interim Chief Ken Bouillon, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Parks Assistant Administrator Patty Walker, Planning Commission Chairman Art Brannen, Water Commission Chairman Thad Gray, Water Department Superintendent Ken Anderson, Justice of the Peace Dennis Sobba, Ms. Bonita Round, Mr. Willie Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Vice Mayor Twitty presented the minutes of the Regular City Council Meeting of November 15, 2001 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of 1 November 2001 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Report/Animal Control Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for the month of November 2001. Said Report reflects: REVENUES: 565.00 CONTRIBUIONS: 0.00 ADOPTIONS/FINES: 565.00 TOTAL: 565.00 ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher and Stroud voted AYE. (0) voted NAY. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: 1 STREET DEPARTMENT: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 7:00 P.M. – 7:43 P.M. PLANNING COMMISSION: ORDINANCE 1168 (#22-01) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: LOOP ROAD AND NORTH EASTERN AVENUE EAST AND ADJACENT TO THE RAILROAD TRACKS, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1168 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud, voted AYE. Whereupon City Attorney Bamburg noted changes on page two of the Ordinance, stating that the bottom paragraph under section one will be changed to read tract 3 and 4 to C-2 zoning. He then read the Ordinance title. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1168 be accepted on FIRST READING. City Engineer Whisker stated that the property is located south of the railroad tracks on Loop Road. He stated that the owners are proposing to develop a gated manufactured home park community. He stated that the frontage of the property is proposed for mini-warehouses and that the development is being proposed as an up-scale establishment with credit and police checks. He stated that homes older than five-years would not be admitted into the park. In response to a question posed by Alderman Elliott and Stroud, City Engineer Whisker related that development stipulations including landscaping considerations would be addressed when the developer returned to the Planning Commission regarding building permit approval. He then addressed drainage stating that the property is not located in the flood plain. He added that the tract 2 which is in the flood plain is being proposed as a walking trail surrounding the park. Alderman Fletcher expressed concerns regarding on-going efforts to clean up mobile home areas in the City, noting the faster deterioration of mobile homes if neglected. He questioned the developers intent regarding homes that become older than five-years, and provisions if the park is sold. City Engineer Whisker related that the developer has stated that he would carry maintenance requirements for the mobile homes and clarified that the owner has stated that lots will be leased not sold. He pointed out that it is a City requirement to skirt mobile homes. Alderman Stroud stated that currently there is only one mobile home park in the City that looks decent, adding that the rest are for the most part undesirable. He expressed concern for cleaning up the existing parks. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 7:00 P.M. – 7:43 P.M. Mr. Tommy Bond presented the Council with photographs of parks that the owners intend to have serve as a model for the development. He related that one of the model parks is the Indian Springs Park that is thirty- five years old and the other is the Jones Park twenty plus years old. He stated that a park not properly maintained loses money, adding that the concept for the proposed development is to have a well-maintained park. He related that Ronnie Shrader and Jack Wilson are the developers and that it is their intent to operate and maintain ownership. He then clarified that the mini-warehouses will be adjacent to Loop Road at the entrance and is proposed for reclassification to commercial. He related that the concept is to rent mini-warehouse space to the Park occupants because of restrictions regarding storage on lots. He related that the surrounding wooded property in the flood plain is proposed for walking trails and it is felt that would be the property’s best and highest use. In response to a question posed by Alderman Elliott, Mr. Bond related that the concept for a mobile home park was planned as long as twenty- five years ago, adding that he is unsure how many lots the development will feature. He stated that the property is ideal for a mobile home development because it is isolated and that he and four other property owners are the only surrounding property owners. Alderman Fletcher suggested that the park carry the development stipulation of a two-car parking space. Mr. Bond related that off-street parking would be available for at least two cars. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. Alderman Ray moved, seconded by Alderman Wilson to suspend the rules and place Ordinance 1168 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Smith moved, seconded by Alderman Wilson to further suspend the rules and place Ordinance 1168 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1168 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. TH ORDINANCE APPROVED, ADOPTED AND NUMBERED 1168 THIS 6 DAY OF DECEMBER, 2001. 3 GENERAL: a. ORDINANCE 1169 (#23-01) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 5.16; MODIFYING RULES AND REGULATIONS FOR ITINERANT MERCHANTS, SOLICITORS, AND VENDORS IN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 7:00 P.M. – 7:43 P.M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1169 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Stroud related that the committee has recommended that the Bond be increased, and to decrease the allowable time for solicitation. He referred to the change summary, saying that he believes it will accomplish the Councils objectives. It was noted that a fine was imposed regarding solicitations that occur if a “no solicitation sign” is posted. Alderman Stroud offered that the Ordinance does not allow solicitation on Saturday or Sunday because of normal M-F working days and posting of a permit for vendors working a site. City Attorney Bamburg related that site vendors would be required to post all permits for ready inspection and wear solicitation badges. He related that the Engineering Department would be responsible for implementation and enforcement. He then noted that the proposed changes are not incorporated in the current Ordinance but can be incorporated for later presentation if so desired by the Council. Alderman Smith moved, seconded by Alderman Wilson that Ordinance 1169 be accepted on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. It was the consensus of the Council to bring the Ordinance back with incorporated changes. b. ORDINANCE 1167 (21-01) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 9.12; PROHIBITING THE DISCHARGE OF WEAPONS WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE; ASSESSMENT OF A PENALTY FOR VIOLATION OF THE TERMS OF THIS ORDINANCE; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Smith that Ordinance 1167 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, and Stroud voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Fletcher related that he proposed the Ordinance to the Council not as a knee-jerk response to a personal incident but because it was also brought to his attention by the Police Department that bow and arrows had been neglected from the existing ordinance. He stated that a bow is a weapon and should not be shot randomly in the City. 4 Alderman Elliott expressed concern for adding archery to the existing ordinance, pointing out that it would effect archery business, archery classes at the boys club, and law abiding citizens that has a safe back stop for practice in their yards. He stated that the Police he has talked with have related that they are not aware of any instances in the City that have caused concern. He stated that he would be hesitant to include archery if it is not really needed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 7:00 P.M. – 7:43 P.M. Alderman Wilson suggested that the ordinance be modified to accommodate archery practice that is not deemed a concern, such as the Boys Club, archery shop and other individuals regarding safe practice. Alderman Sansing stated that a new restriction would not necessarily prevent improper bow use, adding that he felt some laws are over restrictive. Alderman Fletcher agreed that provisions could be extended to business, adding that it would be most beneficial to have a designated area for safe practice. He stated that his main concern would be residential areas. He reminded the Council of the responsibility to protect citizens and stated that the consideration before Council is to determine if a bow is considered a dangerous weapon. He pointed out the intent in banning fireworks regarding safety concerns and related that he would be in favor of stipulating exceptions. In response to a question posed by Alderman Smith, City Attorney Bamburg stated that the Ordinance could carry provisions for approved ranges or use in classes to cover some circumstances, depending on how extensive the exceptions are defined, including future archery businesses. Alderman Smith suggested that the Ordinance be tabled for further consideration regarding exempt circumstances. Alderman Fletcher questioned if the Parks and Recreation Department would be interested in creating an archery range possibly at Dupree Park, saying that areas need to be created for archery practice. Alderman Elliott stated that generally it is not the individual that is practicing in their yard that is going to shoot a house, but someone that is up to mischief. He stated that he did not feel the proposed ordinance is necessary. Alderman Stroud related consideration from other municipalities who allowed bow hunting in their city limits because of a heavy deer population, pointing out that in checking with several insurance companies in town, Jacksonville has similar concerns. Alderman Elliott related that Little Rock had reversed an Ordinance because of the game and fish and that the City of Maumelle and others are looking at reversing theirs. 5 Alderman Wilson suggested that efforts be coordinated with Parks and Recreation and the Police regarding a modified version. Alderman Sansing stated that if modified the ordinance should support approved ranges being used for both firearms and bows. He pointed out that some gun businesses construct firing ranges in their basements. Alderman Ray stated that the present ordinance is sufficient. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 7:00 P.M. – 7:43 P.M. Alderman Fletcher offered to return with a modified ordinance to include exceptions for further consideration. Alderman Fletcher moved, seconded by Alderman Wilson to table the Ordinance 1167. MOTION CARRIED. DEVIATION IN AGENDA: Alderman Wilson moved, seconded by Alderman Elliott to suspend the rules and place Resolution 554 addressing impact fees for water usage regarding new development on the agenda. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Elliott to read Resolution 554. MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 554. RESOLUTION 554 (#14-01) A RESOLUTION ENCOURAGING THE CENTRAL ARKANSAS WATER UTILITY TO INCLUDE THE COST OF WATERLINE IMPROVEMENTS AND MAJOR WATERLINE RENOVATION PROJECTS IN THE RATE BASE FOR THE METROPOLITAN AREA AND OPPOSING THE CONCEPT OF IMPACT FEES FOR NEW DEVELOPMENT. Alderman Wilson explained that Central Arkansas Water has proposed a resolution imposing impact fees on new development, adding that a public hearing was held in November and another hearing is scheduled December th 20. He stated that Resolution 554 from the City of Jacksonville is an effort to encourage Central Arkansas Water to search other avenues versus impact fees regarding capital improvements to their water system. He stated that impact fees could put Jacksonville at a competitive disadvantage with other communities who do not have impact fees, but instead bill their rate base regarding Capital Improvement funds. He invited Water Commission Chairman Thad Gray to address any concerns and clarify the information. Mr. Thad Gray stated that the Central Arkansas Water has placed before the citizens of Little Rock and North Little Rock the question of a new rate proposal including considerations in Resolution 2001-10. He explained that Resolution 2001-10 deals with what is termed “impact fees” that would be added to new meters, directly or indirectly to the areas that they serve. He stated that the impact fees range from a ¾” meter (standard residential) $1,300 to the 20” (industrial) meter size at 6 $585,000. He stated that the impact fees would be directed to a special trust fund to offset some future capitalization required for the growth process. He stated that the Central Arkansas Water will meet again to hear feedback regarding the proposal before voting on the overall regional rate scales and the Resolution regarding impact fees. He stated that the Jacksonville Water Commission would like to have a formal expression from the City Council forwarded to the Central Arkansas Water regarding the attitude to enhance or deter growth and its negative multiplying effects for City and County governments. He related effects regarding real estate tax and sales tax. He stated that the Water Commission opposes the impact fee proposal, saying that Resolution 2001- 10 could be construed as anti-growth. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2001 7:00 P.M. – 7:43 P.M. In response to a question posed by Alderman Stroud, Mr. Gray related that a fee is paid when the meter is installed, explaining that the impact fee is an additional charge regarding a meter set. He pointed out that it is a tax specifically designed for future capitalization. He related that impact fees could become prevalent regarding water, sewer, or street. In response to a question posed by Alderman Smith, Mr. Gray related that issues involving impact fees were discussed during previous meeting regarding regional rate adjustments. He stated that two proposals were brought up along with task charges for Central Arkansas Water service personnel. He stated that at the time Central Arkansas Water was not open to outside opinions, adding that this is a recommendation from their consultant as a progressive approach. He commended the Central Arkansas st Water regarding their merger and progress since July 1 , but added that the Jacksonville Water Commission is not in favor of this particular approach to future capitalization. Alderman Wilson pointed out that if a Capital Improvement Fund is built into the rate base it allows for not only expansion of lines, but improvement to existing lines in older areas as well as commercial or residential. Mr. Gray related that most of the water organizations have a depreciation fund that collects fees to be directed toward replacement, adding that the reasoning behind the impact fees deals with future expansion. Alderman Sansing related that his main concern would be the chilling effect a $585,000 impact fee might carry for an industry deciding to build, in turn effecting an area’s ability to offer industry jobs. Alderman Elliott moved, seconded by Alderman Sansing to approve Resolution 554 (#14-01) APPOINTMENTS: Alderman Smith moved, seconded by Alderman Ray to approve the reappointment of Wally Nixon to the Central Arkansas Library System Board of Trustees for a term to expire 12/31/04. MOTION CARRIED. 7 ANNOUNCEMENTS: Vice Mayor Twitty announced that Christmas Open House at th City Hall will be held December 14, 1:00 – 4:00 p.m. She encouraged the public to attend. ADJOURNMENT: Vice Mayor Twitty without objection adjourned the meeting at approximately 7:43 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8