01 FEB 01.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 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 1, 2001 at the regular meeting place of the Council. Alderman Lewis delivered the invocation
and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard answered. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10),
ABSENT (0).
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, City
Engineer Jay Whisker, Finance Director Paul Mushrush, Police Chief Hibbs, Fire Chief Vanderhoof, Deputy of Public Works Jimmy Oakley, Parks and Recreation Director George Biggs, Parks
Assistant Administrator Patty Walker, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. DeDe Hibbs, Mrs. Addie Gibson, Mrs. Lendy Lewis, Planning Commission Chairman Art Brannen, Jacksonville
Patriot Reporter Peggy Koury, Leader Newspaper Reporter Rick Kron, and interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of January 18, 2001 for approval and/or correction at the next Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Ray moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 4 January 2001 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Wilson moved, seconded by Alderman Ray that the Regular Monthly Report for December of the Jacksonville Police Department be APPROVED. Said report reflects; Total Value of
reported stolen Property $102,551.00, Total value of Recovered Stolen Property $54,449.00, and Total Report Sales $281.00.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. Motion received (10) AYE. (0) NAY. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION DEPARTMENT: PRESENTATION OF AWARD
Parks and Recreation Director George Biggs introduced Chairman Greg Bollen, and Commissioners Curtis Green, Steve Evans, and Mike Dietz. He related that the Parks and Recreation Department
was awarded the “Governors Leadership in Fitness” award presented by the Governor. He related that Mayor Swaim, Alderman Lewis, Commissioner Fortenbury along with Parks and Recreation
staff members, and patrons were present to receive the award, adding that it is presented to government agencies for their achievement in providing fitness to its citizens.
Mr. Biggs thanked the Park and Recreation Commissioners for their help in allowing him to perform his job and for their interest in all the citizens of Jacksonville.
Mayor Swaim related that the Community Center has proven to be an asset to the community.
PLANNING COMMISSION: a. ORDINANCE 1149 (#3-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§ 18.08, 18.16, 18.30, 18.32, 18.34, 18.36, 18.37, 18.38, 18.39, 18.68, THE ZONING MAP, AND THE LAND USE MAP; RECLASSIFYING CERTAIN
PROPERTY WITHIN THE CITY OF JACKSONVILLE (GENERAL LOCATIONS TO INCLUDE, BUT NOT BE LIMITED TO, CITY HALL, CRITTER HOLLOW SUBDIVISION, LINDA LANE, OAKLEY ESTATES, PINE CONE TRAILER PARK,
AND PORTIONS OF STAGECOACH SUBDIVISION); AMENDING ORDINANCE NUMBERS 213 AND 238; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Elliott that Ordinance 1149 be placed on FIRST READING with a correction regarding minimum square of 960 square feet under Section One, ii.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, 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.
Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of Ordinance 1149 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, Twitty, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
Alderman Lewis moved, seconded by Alderman Ray to approve Ordinance 1149 on FIRST READING.
In response to a question from Alderman Wilson, City Attorney Bamburg assured him that a public hearing was held for public comment and that the ordinance is comparable to surrounding
cities. He related that the ordinance more correctly identifies areas regarding zoning classifications such as providing the distinction between mobile parks and mobile home subdivisions,
adding that the ordinance includes a zoning classification for modular, manufactured and has realigned the zoning classification for various residential properties regarding present
use recommended by the City Engineer. It was noted that R-7 is the new classification regarding manufactured housing parks.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Smith to suspend the rules and place Ordinance 1149 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, 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 further suspend the rules and place Ordinance 1149 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Lewis to APPROVE AND ADOPT Ordinance 1149. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and
Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1149 THIS THE 1st DAY OF
FEBRUARY 2001.
b. FINAL PLAT COLLENWOOD PHASE II
City Engineer Whisker described the location of the subdivision as being south of Loop Road and east of Berkshire Circle. He then related that PH II is a continuation of the Collenwood
Subdivision,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
which extends Colonial Drive to the east toward the Pathfinder Building and then south which will later be a loop back into Phase III.
Discussion ensued and it was noted that plat presentation is as approved by the Planning Commission. In response to a question from Mayor Swaim, City Engineer Whisker stated that he
is satisfied that the plat meets the request of the Planning Commission.
Discussion ensued regarding sidewalks and City Engineer Whisker related that the Planning Commission decided that even if it did meet requirements of the Master Sidewalk Plan, because
the subdivision was within itself they did not require sidewalks.
Mayor Swaim voiced concern for the waiver of sidewalks regarding the Master Sidewalk Plan for developers.
Alderman Elliott reiterated the requirement for all subdivisions to comply with the Master Sidewalk Plan, referring to support data he stated that the question may have come from the
fact that the preliminary plat was approved prior to sidewalk requirements. He related that the issue of sidewalks needs to be consistent and required; otherwise, the City would have
to construct sidewalks later.
Alderman Sansing agreed, saying that the subdivision residents can later request sidewalks at the expense of the City. He stated that he is not in favor of the waiver.
Alderman Ray pointed out various discussions repeatedly regarding subdivision requirements that are approved with all manners of excuses not to discourage developers.
Alderman Ray moved, seconded by Alderman Wilson to approve the Final Plat of Collenwood Subdivision PH II without the requirement for sidewalks.
Discussion ensued regarding the possibility if the requirement excluded streets with less than 30 lots, Mayor Swaim clarified that the exemption only applied to culdesacs, adding that
the plat before Council is a three phase subdivision and the streets must be considered in the entire development.
Alderman Elliott pointed out that by ordinance the plat would have required sidewalks, adding that he felt the Planning Commission used prior preliminary plat approval before the sidewalk
ordinance as their consideration.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
Mayor Swaim clarified that there are times when a preliminary plat is approved and it can experience changes between the preliminary and final plat stage.
Alderman Sansing reminded the Council of its on-going efforts regarding sidewalks throughout Jacksonville, saying that he believes it would be backsliding if developers are not required
to construct sidewalks, even on culdesacs. He stated that if it is a requirement by ordinance they are applicable. He agreed that the Planning Commission should not make waivers regarding
requirements that would cause the City to spend taxpayer money to correct.
Alderman Stroud stated that regarding Planning Commission discussions he believed there was concern for placement of sidewalks that did not lead anywhere, but added that it should not
be a problem placing sidewalks where there will be street. He stated that he is not in favor of approving the final plat.
City Attorney Bamburg clarified that the only exemption applicable is to culdesacs with less than 20 houses.
Alderman Ray pointed out that no other phase of Collenwood has sidewalks, mentioning appearance concerns if sidewalks are placed in one small part of the subdivision.
City Engineer Whisker stated that he believed that the Planning Commission thought process was because the entire subdivision was accepted as a preliminary plat before sidewalks were
required and the developers thought was that he would not be required to build sidewalks in the process of finishing his subdivision.
Alderman Sansing pointed out that the City would have to pay for sidewalks in all three phases later rather than just one.
Alderman Ray stated that his point is how the subdivision will look to run sidewalks going nowhere. He related that he is relatively sure the sidewalks should come out to Loop Road
as the outlet and then go north-east or west, adding that the streets do not run in that direction.
Discussion ensued and it was pointed out that Parkview subdivision does not have sidewalks, Mayor Swaim clarified that the final plat of Parkview Subdivision was submitted to the City
Council before the ordinance was passed. There were questions regarding the Jordan Acres Subdivision and its final approval.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
Mr. Murice Green addressed the Council regarding sidewalk costs incurred by the City. He related that he addressed the Planning Commission and Council during the time the ordinance
was passed, adding that it was approved with fewer requirements than he would have liked to have seen pointing out the future trend for sidewalks. He stated that annually the City spends
approximately 250,000 dollars on sidewalks, adding that the City is preparing to construct a sidewalk along Hwy 161 at a cost of 278,000 dollars. He related that the bulk of funds are
being expended on trying to piece together sidewalks to make sidewalks continues through the City. He expressed support regarding sidewalks and enforcement of the ordinance. He stated
that he was unsure of the implications regarding the Jordan Acres subdivision but added that it probably qualifies for sidewalks.
Planning Commission Chairman Brannen addressed the Council, saying that in discussion regarding sidewalks in Phase II the argument centered on Phase I and II having been preliminary
plat approved without sidewalks, adding that the fact was argued regarding sidewalks when no other phase had them. He related that Mr. Jim Green was informed at that point that anymore
would have to have sidewalks.
Mayor Swaim pointed out that the developer has more developable land in the subdivision area, asking if that phase of the subdivision would have required sidewalks before it is finaled.
He further clarified asking if the Planning Commission informed the developer that he would not be required to have sidewalks in this phase but the next phase would have sidewalks requirements.
Planning Commission Chairman Brannen expressed that he hoped it would.
Alderman Ray called for a question on the motion.
Mr. Murice Green addressed the Council saying he believed that the area in question is only a block or two from Loop Road which has a sidewalk that runs the entire south length of Loop
Road.
Alderman Ray voted AYE. Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted NAY. MOTION FAILED.
Mayor Swaim stated that with failure of the motion he is requesting that direction be proved to the Planning Commission.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
Alderman Wilson moved, seconded by Alderman Smith to approve the Final Plat of Collenwood Phase II subject to the owner constructing sidewalks and contingent upon approval from the City
Engineer as to the location of sidewalks.
Mayor Swaim questioned enforcement by bond or a time requirement when the lot is developed.
Alderman Fletcher pointed out the hazards of sidewalks placement before the lot development is completed.
In response to a comment from Mayor Swaim, Alderman Fletcher then noted that the only problem with sidewalk placement after the lots are sold is complaints regarding damage to lawns.
Alderman Elliott cautioned that sidewalk construction on a lot to lot basis does not tie together very well.
Alderman Wilson stated that Jacksonville is not the first community to deal with this issue, adding that he is confident there are methods of ensuring that sidewalks are constructed
in subdivisions without overly taxing the developer or exposing the City in terms of not having sidewalks. He stated that he is confident that if Mr. Green agrees to place sidewalks,
he will do that. He then stated that in the interim some method or criteria needs to be developed for future subdivisions regarding how and when sidewalks are placed.
Alderman Elliott related that in the past the Planning Commission has offered the developer the option to put them in at the time of the development or put up a bond to insure sidewalk
construction.
Alderman Wilson offered that the City Engineer can work out a reasonable method with a commitment from the developer.
Alderman Fletcher suggested that it may be coordinated when the driveways are poured.
Alderman Ray pointed out that sidewalks in the St. Charles development in West Little Rock was completed in that manner and that all the sidewalks are uniform throughout. He then pointed
out his desire for sidewalks in the Parkview Subdivision when it was proposed to the City Council.
Aldermen Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud Twitty, and Howard voted AYE. Alderman Ray voted NAY. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
Mayor Swaim stated that this action by Council is in no way a disparagement to the Planning Commission, but rather a message that the Council would like sidewalks and developers will
have to resolve the method.
Alderman Wilson suggested that the City staff address sidewalk issues on the front end with the developers when they submit plats.
Alderman Elliott stated the need to work out enforcement issues to guarantee future sidewalks development.
Alderman Wilson reiterated that he has suggested that to the Engineer to come up with a plan based on how other communities handle these issues to ensure that developers will fulfill
their obligation to the City at the appropriate time.
In response to a question from Alderman Fletcher, Mr. Murice Green related that the residential sidewalk requirement is four-foot and five-foot for commercial areas.
GENERAL: RESOLUTION 541 (#1-2001)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS; EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL-AID MONIES FOR THE FOLLOWING CITY PROJECT; GRAHAM
ROAD WIDENING FROM OAK STREET TO LOOP ROAD); AND, FOR OTHER PURPOSES.
Mayor Swaim related that the Resolution addresses only the preliminary engineering funding that has been secured for the Graham Road widening project and that in order to proceed the
Highway Department has requested a resolution and signed agreement.
Alderman Ray moved, seconded by Alderman Stroud to read Resolution 541. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution.
Alderman Ray moved, seconded by Alderman Lewis to dispense with the reading of Resolution 541 in its entirety. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis to approve Resolution 541.
Mayor Swaim related that in the process this provides just the preliminary engineering, adding that total project funding has not been received yet and discussions are centered around
getting the project moved up on the TIP list.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. – 7:49 P.M.
City Engineer Whisker related efforts to have Graham Road widened to four-lanes from Oak to Loop. He stated that funding has been approved for the study, which will be conducted by
the Highway Department. He stated that the next logical step is to build it when Metroplan accepts the study for right-of-way and construction, which will fall into the 80/20 category.
At this time, MOTION CARRIED.
Read as Resolution 540, clarified later to be number Resolution 541 (#1-2001).
APPOINTMENTS: PLANNING COMMISSION APPOINTMENTS
Alderman Elliott moved, seconded by Alderman Wilson to approve the appointment of Mr. Glen Keaton for a term to expire 1/1/2004, and Mr. Chad Young for an appointment to expire 1/1/2002.
MOTION CARRIED.
ANNOUNCEMENTS:
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:49 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer