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CITY 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.
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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)
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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.
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ORDINANCE APPROVED, ADOPTED AND NUMBERED 1149 THIS THE 1 DAY OF
FEBRUARY 2001.
b. FINAL PLAT COLLENWOOD PHASE II
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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.
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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.
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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
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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.
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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
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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
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