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02 MAY 16.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 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 May 16, 2002 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT seven (7), ABSENT (3). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Parks Administrator Patty Walker, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Edith Smith, and interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 2, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 18 April 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Wilson moved, seconded by Alderman Elliott that the Regular Monthly Report for the month of April 2002. Said Report reflects: REVENUES: 496.50 ADOPTIONS/FINES: 496.50 TOTAL: 496.50 REGULAR MONTHLY REPORT/ENGINEERING Alderman Wilson moved, seconded by Alderman Elliott that the Regular Monthly Report for the month of April 2002 PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 16 Building Inspections 41 Business License 15 HVACR 23 Electrical 36 Plumbing 44 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 101 Notice of Noncompliance 18 Property Mowed 1 Vehicles Towed 0 Trash Letters 138 Trash Removal Cost for April $70.00 CONDEMNATIONS Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Wilson moved, seconded by Alderman Elliott to approve the Regular Monthly Report for April 2002 from the Jacksonville Fire Department, which reflects a fire loss of $44,750.00, and a Savings Total of $205,050.00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Wilson moved, seconded by Alderman Elliott to approve the Regular Monthly Report for April 2002 from the Jacksonville Police Department be APPROVED. Said report reflects; Total Value or Reported Stolen Property $91,155.00, Total Value of Recovered Stolen Property $40,758.00, and Total Report Sales $380.00. Mayor Swaim stated that he would like to compliment the Police Department on the recent hostage situation that ended amicably. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1178 (#8-02) AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN REAL PROPERTY KNOWN AS OAK RIDGE ESTATES INTO THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS THE OAK RIDGE ESTATES ANNEXATION); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. Mayor Swaim related that the property is located outside the City limits, saying that the developer has proposed the subdivision to the Planning Commission asking for City water and sewer services. He related that the Planning Commission has reviewed the proposal several times through the various stages and has requested that the property be annexed into the City limits. He stated that following a public meeting with the County Judge there are no objections to the property being annexed into the City. Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1178 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1178. Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1178 be APPROVED on FIRST READING. Mayor Swaim recognized Mr. Lyndon Whitledge to address the City Council. Mr. Lyndon Whitledge stated that he is Pastor of the North Jacksonville Missionary Baptist Church and wanted to make sure he understood that the property is north of Jacksonville. Mayor Swaim concurred, clarifying that the property is located adjacent to Maddox Road. Mr. Whitledge stated that his biggest concern is the battle over religious freedom, saying that it may be time to write letters to change regulations so they can have a church at the end of the base. He stated that he read in the paper and it dawned on him and this might be good, saying that he is not opposed to bringing the subdivision into the City. He stated that the law passed in order for Jacksonville to gain control of the area, says that the Ordinance shall not prohibit single-family residents use of tracks in an acre or more of area. He stated that this is a State law from which the City derived its Ordinance. He stated that the law states that a City cannot pass an Ordinance of less restriction. He stated that if he understood correct residents in North Pulaski County can have a house on a acre or more. He stated that is what was understood because that is what was in the law and not just that zone but the entire County in the Overlay District. He then stated that in the Jacksonville paper it stated that the City is planning to bring in 60-acres and that out of that 60-acres there will be roads and 62 lots. He stated that 62 lots out of 60-acres is less than what the law requires. He stated that he called and spoke with the Planning Commission who informed him that the lots were an acre more or less, stating that is not what the law requires. He related that the law states that there will be 43,560 feet in every lot in North Pulaski County, saying that is does not pertain to that zone. He stated that if the lots are under an acre and the City brings them in, then it will give him something else to say in his letters to Washington. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. Mayor Swaim pointed out that it is the City’s understanding and the City Attorney’s interpretation of law that it applies to the AICUZ zone, adding that it was never intended to apply to all of North Pulaski County. Mr. Whitledge stated that this is not the City Ordinance. Mayor Swaim explained that State law grants the authority to pass an ordinance restricting a specific (AICUZ) zone. He stated the North Jacksonville Missionary Baptist Church is exempt from that area and that Mr. Whitledge was given that information at the time the Ordinance was being considered. He stated that the AICUZ Ordinance does not affect the Church or the proposed subdivision. He then pointed out misinformation, clarifying that the legal description of the property consists of 73.3 acres instead of 60 acres. Mr. Whitledge stated that is why he has come to ask questions and see if there was a misprint in the paper. Mayor Swaim stated that is the City’s understanding that the AICUZ Zone was never intended to limit the entire North Pulaski area. He pointed out that the was Church repeatedly informed that the Ordinance would not affect its property because it was not in the AICUZ area. He went on to say that the proposed subdivision is in the same category and not affected by the ACUZ Ordinance. Mr. Whitledge stated that the City had previously said that State law 14-56-426 applied to North Pulaski County, adding that the Ordinance shall not prohibit single-family residence use on tracks of an acre or more. He stated this is not the City Ordinance, but the State law that the City got Mr. Wilson at the State House to pass. He stated that the City told the Church that this law restricts all of North Pulaski County as the whole Overlay Zone not the Ordinance. Alderman Elliott stated that the Overlay Zone is the AICUZ Ordinance. Mr. Whitledge stated that he is referring to the part on the other side of the base. Mayor Swaim clarified that the law grants authority to the City to pass an ordinance regarding restrictions, but does not say that this is the law. He stated that unless it is proven that the City has not followed the law, then the City is obligated to annex the proposed subdivision. He proposed that if it were the intent of the City to encompass all of North Pulaski County, why was the Church informed that it would not affect their property. Mr. Whitledge stated that he fights other peoples battles not just his own, adding that he understands the property misses the zone by 600 feet; and questioned if this means that everyone in North Pulaski County can build a house on one acre or less. He questioned if it applies just to this zone or to the whole North Pulaski. He stated that during the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. hearings he was under the impression that law 14-56-426 applies to the whole section. He stated that it also says that the ordinance states that it shall not prohibit single-family residence on tracks of an acre or more in an area. He related that he was told over the phone that if he wanted to divide his “under five-acre property” into acres he would have to receive permission from the Planning Commission, which he stated means that the City controls all of North Pulaski County. Mayor Swaim pointed out that the division of five acres or less is a totally different issue, clarifying that a separate State Statute grants the City Council a five-mile jurisdiction outside the City limits. He explained that the law exists for all cities granting them a five-mile planning jurisdiction outside their city limits. Mr. Whitledge stated that the law only applies if a river is located within the five miles. Mayor Swaim clarified that the law does not mention a river. Mr. Whitledge stated that he hoped that there would be at least one lot in the subdivision that would be less than one acre because he is trying to get his religious freedom back. Mayor Swaim assured that the regulations do not hinder any religious freedoms. Mr. Whitledge stated he can not put a sign in his yard for the High School. City Attorney Bamburg clarified that the State Statute is enabling legislature that was passed to authorize the Jacksonville City Council to pass an ordinance addressing the AICUZ zone, adding that after much study and deliberation the AICUZ ordinance was passed. He stated that the AICUZ zone is very defined and specific regarding the legal description. He related to his understanding, the proposed 70 plus acre subdivision is beyond AICUZ zone provisions. He stated that there is no issue of compliance or non-compliance because it is not in the AICUZ zone. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1178 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1178. Alderman Wilson moved, seconded by Alderman Elliott to further suspend the rules and place Ordinance 1178 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1178. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1178 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED and NUMBERED 1178 THIS 16th DAY OF MAY 2002. ORDIANCE 1179 (#9-02) AN ORDINANCE RECINDING JACKSONVILLE MUNICIPAL CODE 2.46.010; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim explained the Attorney General offered an opinion concerning preferential primary elections and municipal elections, he related that the ordinance brings the City of Jacksonville into line with that opinion. He explained that the filing period for municipal governments with independent candidates would be in the August/September time frame of approximately 20 days. Alderman Smith moved, seconded by Alderman Wilson that Ordinance 1179 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1179. Alderman Ray moved, seconded by Alderman Wilson that Ordinance 1179 be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1179 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1179. Alderman Ray moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1179 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1179. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1179 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Wilson that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED with EMERGENCY CLAUSE and NUMBERED 1179 THIS 16th DAY OF MAY 2002. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. RESOLUTION 562 (#7-02) A RESOLUTION SUPPORTING LEGISLATION ALLOWING LOCAL GOVERNMENT TO ENTER INTO A NON-DISCLOSURE AGREEMENT WITH THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION REGARDING LOCAL SALES TAX COLLECTION INFORMATION; AND,FOR OTHER PURPOSES. Mayor Swaim related that the resolution supports legislation regarding ADFA modifications. Finance Director Paul Mushrush related that the largest single revenue collected by the City is Sales Tax, which is collected through the Department of Finance and Administration and remitted to the various Cities in net of a 3% service charge. He related that the information allowable to the cities under State law is the amount distributed less 3%. He explained that there is very little other information available, adding that cities approach uncertain economic times it becomes necessary to have the ability to analyze the sources and trends behind these revenues. He stated that the Arkansas Government Finance Officers Association throughout the State is supporting legislation to lobby with the Arkansas Department of Finance and Administration to expand the reporting mechanism for additional information. He related that one area specifically is the Standard Industry Code so that cities know where the money comes from. He pointed out fluctuations and explained the difficulty in trying to interpret current economy that does not follow trends in the newspaper. He stated that AGFOA is asking support to allow them to lobby for legislation to change State law reporting information. Mayor Swaim related that the proposed legislation is not an intent to gain specific business information, but an attempt to gain more general numbers from ADFA that can be used to measure revenue trends. He cited K-Mart and Wal-Mart as a prime example, saying that it is difficult to determine the effect on the local economy. He added that the Resolution carries no legislative authority, but only supports the efforts to obtain additional information. Alderman Wilson moved, seconded by Alderman Ray to READ Resolution 562. Alderman Smith pointed out that additional information would be useful regarding the annual budgeting process. At this time, MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Wilson to Adopt Resolution 562. MOTION CARRIED. APPOINTMENTS: BOARD OF ADJUSTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the appointment of Mr. Mark Stroud to the Jacksonville Board of Adjustment for a term to expire 2/5/2005. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 16, 2002 7:00 P.M. – 7:29 P.M. PARKS AND RECREATION COMMISSION Alderman Elliott moved, seconded by Alderman Smith to approve the reappointment of Mr. Barry Hickingbotham to the Jacksonville Parks and Recreation Commission for a term to expire 5/9/2007. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim complimented the success of the business expo held at the community center earlier in the day, saying that many of the prizewinners were from areas outside Jacksonville. He stated that the Chamber of Commerce did an excellent job and complimented Director Biggs saying that there were numerous compliments regarding the facility. He related a recent tour of the recycling facilities, and encouraged Council members to tour the facility. He stated that the Recycling Center is rated as one of the best in the State regarding a total recycling program. He related that the City has been fortunate to receive grants for two bailers, a forklift, recycling truck, and one employee’s annual salary. Alderman Smith noted that Little Rock has returned to handling their City garbage pickup rather than it being contracted privately. He complimented the City for being able to provide a twice-a-week garbage pickup. Mayor Swaim related that Little Rock is proposing a nineteen-dollar charge for less service than is provided by the City of Jacksonville. He pointed out that City residents receive two garbage pickups, one trash pickup and one recycling pickup per week; saying that there are four trips per house household for approximately eleven dollars. He complimented the Sanitation crews and the Public Works Director. Mayor Swaim updated the City Council regarding Capital Improvement Projects, saying that the Animal Shelter roof is near completion and that the Recycling Center is 99.9% complete. He stated that street and drainage projects are on-going and that the paving program will begin in June. He stated that plans are still being formalized regarding construction of a memorial fountain in honor of Mr. Tom Cory and that it is hoped that it will be completed this year. Alderman Ray announced that June 4th, the Boys and Girls Club is having their annual barbecue, and that tickets are available. Mayor Swaim announced that City Hall will be closed May 27, 2002 in observance of Memorial Day. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:29 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer