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02 OCT 17.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 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 October 17, 2002 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, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Twitty arrived at approximately 7:04 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Helen Stroud, Mrs. Lindy Lewis, Mrs. Glenda Fletcher, Mr. Tommy Bond, Mr. Glen Underwood, Chamber of Commerce Director Bonita Rownd, Mr. Michael Hall, Mr. Larry Smith, interested citizens and members of the press. GENERAL: a. PUBLIC HEARING 7:00 P.M. ORDINANCE 1185 (15-02) AN ORDINANCE ABANDONING A PUBLIC RIGHT-OF-WAY EASEMENT LOCATED SOUTH OF GENERAL SAMUELS ROAD, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: INDUSTRIAL PROPERTY SOUTH OF GENERAL SAMUELS ROAD BETWEEN MARSHALL AND REDMOND ROADS); AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:04 p.m. and related that Ordinance 1185 addresses the abandonment of a 12” waterline that is no longer used. He related that the waterline transverses property belonging to the City, adding that in order to develop the property, the waterline needs to be legally abandoned. With no one to speak in opposition, Mayor Swaim closed the public hearing at approximately 7:05 p.m. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1185 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1185. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1185 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1185 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1185 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1185 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Alderman Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1185 THIS 17TH DAY OF OCTOBER 2002. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of October 3, 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 Ray that the minutes of the Regular City Council Meeting of 19 September 2002 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 September 2002. Said report reflects: ADOPTION/FINES: $725.00 CONTRIBUTIONS: $ 10.00 TOTAL: $735.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for September 2002. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 13 Building Inspections 59 Business License 9 HVACR 28 Electrical 45 Plumbing 52 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 77 Notice of Noncompliance 18 Property Mowed 25 Towed 0 Trash Letters 17 Trash Removal 0 CONDEMNATIONS Cost for Sept. $821.11 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for September 2002 from the Jacksonville Fire Department, which reflects a fire loss of $61,600, and a savings total of $331,000. Chief Vanderhoof briefed the City Council regarding a fire fatality of a 72-year-old resident at 2202 Braden Street. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for September 2002. Said report reflects the Total Value of Reported Stolen Property $40,030, Total Value of Recovered Stolen Property $21,611, and Total Report Sales $364.00. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. Motion received (10), NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. FINAL PLAT Western Hills Subdivision PH II Alderman Wilson moved, seconded by Alderman Ray to approve the Final Plat of Western Hills Subdivision PH II. MOTION CARRIED. b. ORDINANCE 1188 (#18-02) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED AT THE NORTHEAST CORNER OF HARRIS ROAD AND GENERAL SAMUELS, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Wilson that Ordinance 1188 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1188. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1188 be APPROVED on FIRST READING. Alderman Stroud stated that it is not his intent to impugn or disparage the integrity of the Planning Commission, adding that they do a good job assuring that everything is legal and aboveboard. He stated that the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. present Commission is the best he has observed over the past twelve years and pointed out that they are doing things that should have been addressed twenty-five years ago. He then related his concern for the lack of planning regarding the future direction or “vision” of the City. He then questioned if a direction or vision had been imparted to the Planning Commission, saying that it is City Council’s responsibility to set a course for community development to be carried out by the Planning Commission. He stated that it is also not his intent to discourage developers or builders, but related that problems occur when developers want to develop that which runs contrary to the visions of City government. He pointed out that since there is no consensus regarding a vision, we often find ourselves in a dilemma. He stated that he opposes the rezoning, because Jacksonville rental property is already disproportionately high. He said that rental property is approximately 52% of City housing. He added that Jacksonville rental property is almost twice that of any other city in Arkansas and almost three times the average for the State. He stated that in his opinion, building apartments at this time is not in the best interest of Jacksonville’s future. He referenced the sketch plat for Crooked Creek Subdivision, saying that present housing needs of the City is white-collar executive type workers, which would be $150,000 to $300,000 houses. He stated that the lots for Crooked Creek are too small. He questioned how the City could impart a strong desire for more upscale housing to the builders. He related that it is city governments’ responsibility to plan for housing that will provide for all of its citizens, which means starter families up to white collar, high salaried workers. He related that the City has not done a very good job of that and that higher paid executives have to go to Cabot or Sherwood to find a house. He stated that for those reasons he is prepared to vote against the ordinance. Alderman Wilson pointed out the property’s long and narrow shape, questioning its highest and best use from a planning standpoint. City Engineer Whisker answered that multiple driveway access onto a major intersection would not be desirable from a planned standpoint, adding that typically its best use is multi-family or commercial. Alderman Sansing expressed concerned for an apartment development that would abut the Elementary School property. Alderman Fletcher related that by evidence of the number of residents in the audience, not at the Planning Commission public hearing, the City is not doing an adequate job advertising for public awareness. He complimented Mr. Underwood on the newly developed Parkview Subdivision. He added that while he is excited as a general contractor at the prospect of having 161 new lots to develop, Mr. Smith has purchased the 65-acre parcel directly across the street for residential development. He pointed out that in approximately two years there could be an additional 500 cars added to the area traffic. He voiced concern that the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. intersection at Harris and General Samuels will be impossible to navigate, pointing out a traffic fatality in the area. He related that the area is a perfect opportunity for the City to exercise controlled growth. He related that he had lived in a residential area that featured apartments for 18 years before moving to Fair Oaks Subdivision, adding that he does not feel there should always be apartments in residential areas. He stated that he can understand Mr. Underwood’s desire to obtain maximum use of the entire property, but added that a nice subdivision is planned for most of the property. He expressed concern regarding apartments being located in close proximity to a school, adding that he is going to vote against the rezoning because he believes the City has too many apartments. He stated that houses not apartments attract young families, which is what helped Conway, Cabot, and Benton grow. He reiterated that he feels young families want houses, saying that the City needs to stay focused in that area. Alderman Lewis related that he had received a complaint that there was not enough publicity, adding that the caller related that he was unaware until yesterday that it was being brought before the City Council. Mayor Swaim noted that in accordance with the current Ordinance and State guidelines the public hearing was advertised in the local paper, adding that area residents could also have learned of the rezoning by driving through the area. In response to a question posed by Mayor Swaim, City Engineer Whisker related that the sign has been posted for approximately two weeks prior to the public hearing and is still posted on the property. Mayor Swaim related that the same procedure has been followed since adoption of the Ordinance. He then voiced concern that many residents may not read the local papers, but added that the City is amenable to amending the requirements. He pointed out that the rezoning issue was first mentioned at the Planning Commission meeting prior to the subsequent public hearing. He then noted that that the item was announced for the next Planning Commission meeting providing a month’s notice and that no opposition was present for that meeting. He added that during this time it was advertised in the paper and posted by legal requirement. Alderman Fletcher suggested increasing the rezoning fee to cover a direct mailing cost to the closest 100 people to any proposed rezoning. He pointed out that residents living in Pennpointe, Fair Oaks, Bushwood and Tara Mount would not have seen the sign posted on the property unless they went out of their way to go down General Samuels. He related that the rezoning sign might also have been obscured by campaign signs in the area. He mentioned the possibility of using advertising airtime allotted to the City by Comcast along with posting a sign at the closest intersection to the property and a larger sign on the actual property. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. He related that a rezoning off Loop Road affected Foxwood residents, but 99% of the residents never passed the rezoning sign because their normal route did not take them across the railroad tracks. He stated that better methods should be evaluated for communicating that type of information. He mentioned the possible use of the electronic billboard to aid in those efforts. Mayor Swaim stated that guidelines are being followed as prescribed by State law, noting that the City Council can propose an ordinance to amend the advertising and posting requirements. Alderman Ray stated that he was at a meeting with local landlords and that they too had mentioned being unaware of the public hearing. He then stated that they were fearful of the Planning Commission meeting because they had brought 300 names to the Planning Commission and the Planning Commission did not hear them. He related that he had informed the group that anytime residents are not satisfied with the Planning Commission procedure they can appeal to the City Council. He stated that he presented the fact that it was advertised in the local paper, but the group had said that they did not read it. He reiterated that those issues are brought before the City Council for a final vote and the citizens have that as an opportunity to be further heard. He then pointed out that the residents related that they did not read the signs that were posted. He explained that every year this happens where residents have missed the posted sign, adding that the City can not be held responsible if residents do not read the signs or the local newspaper. Discussion ensued regarding the 300-name petition submitted to the Planning Commission, and Alderman Ray clarified that the landlords association related that a petition was submitted regarding the proposed apartments for Maddox Road. Mayor Swaim noted that the petition was accepted during the public hearing held by the Planning Commission, adding that there had been much debate regarding the issue including discussion at great length with the City Council. He recognized Mr. Underwood and project representative Mr. Tommy Bond to address the City Council. Mr. Bond presented the City Council with an overall development plan as submitted to the Planning Commission in August. He related that the plan as discussed at the August Planning Commission meeting indicates a request to rezone a portion of the property. He then related that the rezoning request was submitted too late in August to be considered at the September Planning Commission meeting and was scheduled for an October public hearing. He presented the overall sketch plat of the entire tract of land, pointing out that the Planning Commission approved it. He related that the property is slightly over 60 acres, and that the tract for rezoning is 4.2 acres. He explained that the only reason the 4.2 acres is being proposed for rezoning is because it does not lend itself to single-family housing, pointing out that one end of the property is 120 feet deep and the other at Harris Road is 277 feet. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. He explained that the property size would not accommodate a culdesac or a design of an interior street similar to the concept at Western Hills for single-family development. He added that the concept was to reduce, knowing how sensitive the Planning Commission has been to driveways on major streets. He stated that it was decided that the best use for this property would be to develop duplexes with common parking to reduce the number of driveways onto General Samuels. He pointed out that the proposed plan would create three driveways versus single-family lots with fifteen driveways. He stated that it is not a concept that would degrade the neighborhood, pointing out that the land use-planning guide recommends the property for commercial. He related that he and the developer did not feel a commercial tract was appropriate next to a school and opted to go with multi-family. He related that the proposed development would have 40 units, pointing out that the zoning ordinance would allow for 91 units on a tract of land this size. He noted that they are proposing less than half that of the zoning allowance. In response to a question from Alderman Stroud, Mr. Bond related that he would expect that the apartments would be upscale, pointing out that Mr. Underwood has no plans to build apartments tomorrow or even next year. He related that the intent of the developer was to show future multi-family before selling lots in the subdivision, saying that development plans should be declared on the front end so buyers are aware with no surprises. He pointed out that the City of Little Rock requires that every property owner within 200 feet be sent a notice of rezoning. He then added that there are only five property owners within 200 feet of the proposed property because all of the closest property is large tracts of land. Alderman Wilson recognized traffic concerns for the area, saying that it is important to look at that issue. He questioned, aside from the 161-platted lots, what effect 40 units would add in terms of traffic. He related that in his observation the intersection is more than adequate at all times, except when school is opening or closing. Mr. Bond agreed that the majority of traffic occurs when school is letting out or taking in, but added that at other times there is little or no area traffic. Alderman Fletcher pointed out that the property recently purchased by Mr. Smith would also add traffic to the area. Mr. Bond stated he was not sure how many lots Mr. Smith would propose for development, but added that it is hoped all of the area would be developed because that area holds the future development for the City. Alderman Fletcher stated that if the proposed rezoning area were developed with single-family homes it would produce less traffic than a 40-unit apartment development. Mr. Bond stated that typically apartments are projected to generate 1.5 cars per unit. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. City Engineer Whisker related that in lieu of existing traffic issues and as a result of traffic counts, the City is planning right-hand turn lanes on Harris Road for west and east bound traffic going to the School and to Main Street. He then responded to a question from Alderman Wilson, saying that the area is adequate to support traffic during none School events. Discussion ensued regarding the area being zoned R-0 for single-family. Alderman Fletcher expressed concern that if apartments were allowed in the area there would be additional request for apartments, which would be hard to deny once apartments are approved in the area. He then expressed concern for an overbuild of apartments in the City, which might fall into disrepair if left vacant. He stated that the area carries a lot of development potential and that he is in favor of keeping it at the highest zoning classification. In response to a question from Alderman Wilson, Alderman Stroud stated that the last census verifies that there are 52% rentals in Jacksonville, which was gather before the apartments on Military or Madden Road were developed. City Engineer Whisker related that he checked on the occupancy rate and 80% is considered a high occupancy rate. He stated that in checking with a local realtor it was noted that there is a 95% occupancy rate area apartments. Alderman Sansing adamantly voiced concerns for apartment development adjacent to school property. Discussion ensued and Chief Ruthven answered that he spent over a month searching for an apartment when moving to Jacksonville. Mayor Swaim recognized Mr. Michael Hall of 4338 Amy Lane, who read from a prepared statement. “We the property owners and tenants of Fair Oaks, Pennpointe, and Jackson Heights petition the City Council of Jacksonville to disapprove the rezoning of multi-family housing at the corner of Harris Road and General Samuels. We further petition the Council to re-evaluate the size of the small lots and the house setbacks as proposed in the sketch plat for the proposed Underwood Subdivision. Whereas the traffic flow at the corner of Harris Road and General Samuels is already heavily traveled, the intersection leading to both Tolleson Elementary and North Pulaski High School. We feel that the development of higher income housing to the West Side of Jacksonville is at a substantial growth period and should be encouraged. Whereas we wish to enhance the growth of Jacksonville in an orderly and constructive manner and whereas we believe that again that Jacksonville has the highest rate of rental property in the State at 52%”. He related that the census information is available at Metroplan. He presented the City Council with the petition, explaining that he had gathered the signatures in the past 24 hours. He related that the sign posted on the property is small and that there is only one sign, located on General Samuels. He stated that he does not CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. feel that one sign is adequate for the lot size. He stated that in the State of Texas they require a 4’ X 8’ sign. He stated that a 40-unit complex would generate two cars per unit, which is more traffic than housing. He then pointed out the proposed subdivision would generate approximately 300 cars, adding that 75% of those cars would exit from one street. He related that he did not feel with the proposed setbacks that two cars could fit in the driveway front to back. He expressed concern that cars would have park on the street creating a congested situation. It was noted that the lots are proposed to be 75’ X 120’. He agreed, as previously stated, that the area is the best real estate in Jacksonville and would best be served with single-family development. He agreed with Alderman Sansing, saying that the area residents are concerned with having rental property that close to a school. He stated that as an option for the land, Sherwood has a nice green belt area in their Gap Creek Subdivision. He stated that he can understand the developer wanting to develop the property, but feels that he would loose some benefit from the property if it is developed multi-family. He stated that he understands the problems regarding single-family development of the property, but feels it could be better developed other than multi-family. He stated that he found out about the rezoning yesterday, pointing out that Ilene and Garrick Feldman who own the local paper were not even aware of the rezoning. He related that Mr. Jerry Smith Jr., who lives in Fair Oaks was unaware of any plans to develop the property as multi-family, adding that it is his understanding that Mr. Jerry Smith Sr. is unaware as well. He went on to say that he did not feel that people were properly notified, saying that the sign is small and looks like a garage sale or campaign sign. Mayor Swaim noted that the petition has approximately sixty signatures. Mr. Hall stated that he only obtained one signature per household, saying that if he had obtained two per household there would have been at least 95% more signatures. He then agreed that the petition had less than 100 but more than 70 signatures. He related that he only had twenty-four hours to obtain the signatures, but feels that it represents a good effort. Alderman Wilson recognized the concerns of area residents, questioning where a transition from R-0 (single-family) is appropriate and asking if an intersection isn’t a likely spot for either commercial or multi-family knowing that the land use plan depicts commercial for the area. Mr. Hall stated that he does not believe that multi-family should be “right in the middle” of single-family. He stated that as far as commercial, across the street from Fair Oaks Free Will Baptist Church is being developed. He stated that he feels that is a good commercial development for a neighborhood. He stated that he feels there are other options besides multi-family. Alderman Wilson questioned if Mr. Hall felt that only residential should be developed at a major intersection such as Harris Road. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. Mr. Hall stated that personally he does not see that as a major intersection in the sense that it needs to be commercial, adding that he views it as a major intersection because of the houses around it. He stated that he personally does not think there should be a 7-11 or rental property on the corner. He went on to say that a church is different, saying that he believes that would add to the community because there is not the same traffic flow on a daily basis as with rental property. He mentioned the possibility of 80 cars being let out onto Harris Road where the frontage is very minimal, saying that either way there could still be 80 cars being let out 200 feet from the intersection. He reiterated that a nicer development would feature a green belt area such as subdivisions in Sherwood. He stated that the west side of Jacksonville is prime for residential growth and that he does not think it should be multi-family. Alderman Elliott asked residents to remember that Jacksonville is a different type of community Air Base, which is a very viable part of Jacksonville. He pointed out that there are a lot of young couples that cannot afford to purchase a house, so Jacksonville needs a higher percentage of rental units. He added that while it is easy to say you do not want apartments in your neighborhood, it is good planning to consider areas of town for a mixture of single-family, commercial and apartments. He then noted that the same type of sentiments were expressed regarding the Wal-Mart Supercenter, adding that it turned out to be a good development. He stated that the same thing happened in Stonewall with the apartments, pointing out there has to be a mixture in various areas. He addressed previous comments regarding the proposed subdivision, pointing out that it is a continuation of the development plan in Woodland Hills, adding that there is a demand for homes of that size. He stated that while we need high scale development, we cannot stymie growth by not allowing other development. He pointed out that not everyone can afford a $250,000 to $300,000 house. Mr. Hall questioned, with a home being the most important investment, if anyone would want to purchase a lot that backs up to an apartment. He stated that he believes the area has potential and he would hate to see the City Council rezone for multi-family. Alderman Elliott noted that the property would not be directly adjacent to a residential back yard. Alderman Smith expressed concerns regarding proximity of the School, but agreed with Alderman Elliott that there are places in Jacksonville that need apartments. He stated that however at the present time he feels there are enough apartments. Alderman Stroud stated that while the Air Base makes Jacksonville a different community, Fayetteville a college town is 36% rental and Jonesboro is 38%. He noted that there is 1500 Base housing units not counted in the census. He then responded to Alderman Wilson, saying that he would rather have a nice neighborhood service station than apartments. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. Alderman Fletcher related that he was not pleased to hear that Wal-Mart has announced plans to build a store by Chenal Valley. He pointed out that the City has sent out seven thousand surveys to obtain the feelings of citizens in Jacksonville, but added that he is afraid that citizens will have the impression from tonight’s action that either we listen or we do not. He reiterated that as leaders we need to be visionaries regarding community direction, he cited Maumelle, and County Club Arkansas as examples of communities not willing to compromise their visions. He stated that homes in a well thought out and well defined area sell more quickly. He related that he is not against apartments, but believes apartments are not appropriate in every area. He related that the rezoning of the proposed property would create a pocket because the property across the street is zoned single-family and it is anticipated that the other two corners will also be single-family. He stated the need to consider the efforts of the Green Ordinance in planning. In response to a question posed by Alderman Twitty, Chief Ruthven stated that he had a hard time finding the kind of house he wanted in Jacksonville. Alderman Elliott stated that restrictions could not force developers to put in larger lots, he warned against stymied growth, saying that the City must have a combination of all types of developments. Mr. Hall stated that he believes developers might be concerned when they see the City Council putting apartments next to residential. Discussion ensued regarding apartment developments adjacent to subdivisions with larger lots and speculation regarding the demand for $300,000 spec homes. Mr. Hall concluded saying that the petition reflects the feeling of the majority of homeowners in the area. Mayor Swaim stated he appreciates that the residents want to protect their interest, but added that he has concerns regarding a letter distributed in the neighborhoods written by Mrs. Nikki Misak. He related that two resident names appear in the letter, adding that one of those residents, Mr. Larry Hamsher, has stated that he did not give permission for Mrs. Misak to use his name in her letter. He added that Mr. Hamsher also stated that he is in support of the apartments. He related that the letter states that “apartments buildings tend to lower property values and encourage a higher crime rate”, pointing out that the letter’s author owns approximately 40 apartment units in Jacksonville and that one of those apartment developments is within one block of an elementary school. He related that his concern would be that the attitude may be conveyed that the City is encouraging a certain segment of the community as elite. He pointed out that the subdivision he lives in is within one block of 160 apartment units. He warned against the perception that the City does not protect all its citizens equally. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. Alderman Fletcher stated that he would have to agree with Alderman Stroud that the City has enough apartments at 53% rental property. He stated that it is common knowledge that the City needed to annex to gain more property for subdivisions, adding that the only raw land currently inside the City limits is in west Jacksonville. Alderman Ray called for a question to the motion, seconded by Alderman Fletcher. MOTION CARRIED. ROLL CALL: Alderman Elliott, Ray, and Wilson, voted AYE (3). Alderman Smith, Lewis, Sansing, Fletcher, Stroud, Twitty and Howard voted NAY (7). MOTION TO PASS ORDINANCE 1188 FAILED ON FIRST READING. c. ORDINANCE 1189 (#19-02) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED AT 1117-C AND 1117-D NORTH FIRST STREET, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that the property is zoned R-3 for multi-family and the developer is asking to change the zoning to R-2 for duplexes. He stated that there are three existing duplexes established in the area. Alderman Wilson clarified that the area has a major intersection and backs up to an R-1 residential area. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1189 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1189. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1189 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1189 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Elliott that Ordinance 1189 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1189 be APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to attach the EMERGENCY CLAUSE to the Ordinance 1189. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1189 THIS 17TH DAY OF OCTOBER 2002. GENERAL: b. ORDINANCE 1187 (#17-02) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF JACKSONVILLE; FOR HE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED AND OTHER PRESCRIBED MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES. Mayor Swaim related that this is the annual millage ordinance, clarifying that it is not an increase in taxes. He noted that the millage rate is one mill each for the Police and Fire Pensions. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1187 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1187. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1187 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1187 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1187 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1187 THIS 17TH DAY OF OCTOBER 2002. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 17, 2002 7:00 P.M. – 8:09 P.M. c. ORDINANCE 1186 (#16-02) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL ORDINANCE NOS. 213 AND 238; RENAMING A PORTION OF HOSPITAL CIRCLE TO VETERANS CIRCLE; FOR PROPERTY USE PROVISIONS AND DESIGNATIONS; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1186 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1186. Alderman Ray moved, seconded by Alderman Lewis that Ordinance 1186 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1186 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1186 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1186 THIS 17TH DAY OF OCTOBER 2002. Mayor Swaim related that the two property owners affected by the name change have agreed and the effective date will be January 1, 2003. ANNOUNCEMENT: ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:09 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer