03 OCT 16.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 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 16, 2003 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, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8),
ABSENT (2). Aldermen Wilson and Twitty were absent.
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Director of Human Resources Charlie Brown,
CDBG Director Theresa Watson, City Engineer Jay Whisker, Director of Public Works Jim Oakley, Parks and Recreation Director George Biggs, Police Chief Ruthven, Fire Chief Vanderhoof,
Finance Director Paul Mushrush, Wastewater Manager Thea Hughes, Wastewater Commission Chairman Joan Zumwalt, Planning Commission Chairman Art Brannen, Planning Commissioner Chad Young,
Chamber of Commerce Director Bonita Rownd, Mr. Tommy Bond, Mr. Preston Robinson, Mr. Jim Green, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Larry Smith, interested citizens and members
of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council meeting of October 2, 2003 for approval and/or correction at the next Regularly Scheduled City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Stroud moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 18 September 2003 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for September 2003. Said report reflects:
ADOPTION/FINES: $862.00
CONTRIBUTIONS: $ 0.00
TOTAL: $862.00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2003. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 39 Building Inspections 132
Business License 14 HVACR 95
Plumbing 119
Electrical 47
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 328 Notice of Noncompliance 24
Property Mowed 11 Towed 5
Trash Letters 12
Trash Removal 1 CONDEMNATIONS
Cost for Sept. $1,078.00 Structural Maint. Letters 0
Structural Repairs Made 0
Demolitions 0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2003 from the Jacksonville Fire Department, which reflects a fire loss of $55,000
and a savings total of $196,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2003. Said report reflects the Total Value of Reported Stolen Property $88,691.
Total Value of Recovered Stolen Property $50,425 and Total Report Sales $506.00.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED.
Mayor Swaim explained that this would be Chief Ruthven’s last City Council meeting prior to beginning his new job with the Department of Emergency Management.
Chief Ruthven read from his resignation letter, saying that “leaving will not be easy, the acceptance and graciousness shown my entire family and me during these past 18 months has been
heart warming. All Department Directors and other City employees, City Council members, City business leaders, and virtually all citizens of Jacksonville have been supportive of both
me as Chief and the Police Department as a whole. I do appreciate your recognition of my efforts to establish the vision of being the benchmark Department in Arkansas in the 21st century
and to structure, man, equipment, and organize the best I could under current resource constraints to achieve that vision.” He added that it is not necessarily, where he wanted to be
by now in all areas, but added that he believes the Jacksonville Police Department is a superb Department. He stated that he knows the members are serving the citizens of Jacksonville
in a service oriented, professional manner while striving to get better everyday.
Alderman Stroud commended Chief Ruthven for his work and caring attitude toward the City.
Chief Ruthven stated that he is pleased to review the list of accomplishments over the previous two years, noting that the list is approximately fifty one-line bullets. He stated that
his primarily focus in his tenure was to continually instill an increasing amount of professionalism and pride. He stated that the first thing he did in his budget was to request three
times the previous amount for training.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
He added that unfortunately, the City’s budget was unable to support that amount, but the Department was able to do twice the training in 2003 as in the previous year. He stated that
he has submitted another 20% increase in the 2004 budget over 2003 as an effort to increase professionalism enforced through increased training. He reviewed two photographs of the current
Jacksonville Police patch featuring the State Seal, adding that there were at least seven other similar generic patches in the State. He related that the proposed patch was designed
specifically for the Jacksonville Police Department and that he hoped it or a similar patch would be incorporated into the Police uniform. He stated that the current patch seems to
indicate to him that in the past there was not as much pride in the City itself and that people did not consider that maybe the Police Department should have an individualized Police
patch. He related that the proposed patch for the Jacksonville Police Department shows pride in the Department and in the City of Jacksonville. He mentioned another area of pride,
saying that parked outside is an older Police vehicle that has been completely rebuilt through donations, which will now be used as the “DARE” school resource vehicle. He related that
it has been years since the Department has had a “DARE” school resource vehicle and that the vehicle features the local High Schools logos. He stated that donors names would be added
to the rear of the vehicle. He invited everyone to attend his farewell celebration October 24th 5:00 p.m. at the Jacksonville Community Center.
He related a note of sadness, announcing that Officer Rudy Bouwknegt passed away earlier in the week and that funeral services would be held Monday October 20th at 2:00 p.m.
Alderman Smith thanked Chief Ruthven’s for his leadership to the Police Department, adding that the Department of Emergency Management has proposed constructing a new facility and that
he hopes Chief Ruthven would keep Jacksonville in mind for the new location. He noted that Beverly Ruthven would remain as Principal of the Pinewood Elementary School.
Mayor Swaim extended his appreciation to Chief Ruthven and expressed confidence in his new role with the Department of Emergency Management.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION: RESOLUTION 572 (#3-03)
A RESOLUTION EXPRESSING SUPPORT FOR THE APPLICATION OF A TRAILS FOR LIFE GRANT WITH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM; AND, FOR OTHER PURPOSES.
Alderman Elliott moved, seconded by Alderman Smith to Read Resolution 572.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
Park & Recreation Director George Biggs stated that a modular unit was installed at Stonewall Park and now they have applied for a grant to put in a 6’ paved walking trail through the
Park. He stated that this is a continued effort to improve all City Parks.
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 572.
Alderman Smith moved, seconded by Alderman Stroud to approve Resolution 572. MOTION CARRIED.
PLANNING COMMISSION:
GENERAL: ORDINANCE 1205 SECOND READING
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §16.20.; AMENDING JACKSONVILLE MUNICIPAL CODE §18.72.; PROVIDING LANDSCAPING REGULATIONS AND REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL,
AND MANUFACTURING DEVELOPMENT, SITES, AND ZONES; AND, FOR OTHER PURPOSES.
Mayor Swaim noted that Ordinance 1205 is on Second Reading with continued discussion.
Alderman Stroud stated that he agrees with Alderman Wilson that additional time for study and input has yielded improvements to the Ordinance.
Alderman Stroud moved, seconded by Alderman Lewis to place Ordinance 1205 on SECOND READING as amended.
Alderman Stroud noted that changes have been highlighted on draft copies as provided.
Mayor Swaim noted a change on page 2 regarding major renovation being amended to read “more than 50% of the appraised value, changed from accessed value.”
He then noted that under “Off Street Parking”, City Engineer Whisker recommended that 10’ and 20’ be changed to 9’ and 18’; adding that in Section 3 wording was changed to read “submitted
to and approved by the City Engineer.”
In response to a question posed by Alderman Fletcher, Alderman Stroud clarified that if the landscaping design plan complies with the Ordinance then the City Engineer has authority to
approve the plan, adding that if the design deviates from Ordinance regulations then it would go before the Planning Commission for their determination.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
Mayor Swaim related a change on page 4 under Section 16.28.034, “Ordinance shall occur with compliance only through a majority vote of those of a quorum members present at the Planning
Commission meeting”. He then clarified that instead of a majority of ten; it would require a majority of those present.
He noted that Section 16.20.036 was changed to say “shrubs shall be utilized for 100% screening of the view”; he clarified that this change addressed concerns regarding the spacing of
the trees and shrubs. He noted that the requested change was a result of input from area developers. He added that originally it had stated that shrubs should be planted on both sides
of the wall or fence, explaining that the developer would not have the authority to plant on both sides. He added that on page 6 the definition of Perimeter Strip is now defined to
be 20-foot or wider, adding that Section 16.20.045 identifies the exceptions.
He stated that under 16.20.048 there is a change in the site distance, explaining that there was some concern about pedestrian traffic regarding shrubs, trees, and walkways regarding
the trimming of trees to 8 foot. He clarified that the intent of the change is to show that shrubs do not have to be trimmed to 8’ unless it interferes with vehicular site line.
City Engineer Whisker noted that “vehicular use area” under 16.20.036 is removed from the 100% screening requirements, explaining that the 100% screening is for the dumpsters and open
storage.
Mr. Bond questioned if the next to last sentence under Section 16.20.033 was meant to be struck from the Ordinance, adding that the last sentence states “preservation of existing trees
is encouraged” should be sufficient to cover intent and meaning.
Mayor Swaim noted that the changed was amended during the first reading of the Ordinance. He stated that the Ordinance would now read “Applicant shall work diligently to include and
adjust the application of the above mentioned standards to the existing plant life on site, preservations of existing trees is encouraged.”
Mr. Bond then noted that Section 16.20.044 calls for a strip at least 6’ wide around the property. He analogized that a lot 150’ X 150’ would take approximately 20% of the property
to comply with that requirement. He questioned if the requirement should be a sliding scale opposed to a fixed amount. He added that it would seem to be more appropriate to vary the
percentage according to the size of the site as opposed to a fixed width. He noted difficulty regarding present business use changes with renovations greater than 50% and being able
to comply with the regulations. He then noted that other businesses currently under construction would not comply with the Ordinance, saying that there should be more flexibility built
into the Ordinance instead of having to seek a waiver.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
Alderman Stroud noted that Section 16.20.049 states “it is the intent of these provision to allow reasonable and appropriate flexibility for adapting landscaping designs standards described
in this article to the specific conditions of an individual site.” He stated that the Ordinance must state its requirements, but could also offer flexibility from those conditions.
Alderman Sansing noted that even though there have been several meetings with local developers input, it appears that there is still one area of issue regarding border requirements.
He stated that a percentage scale could be given further consideration.
Mr. Bond stated that he is asking the City Council to refer the Ordinance back to Committee for further study, adding that he is concerned that development may be discouraged in the
City. He noted his experience in helping developers comply with regulations adopted by city councils, adding that he does not feel that the Ordinance should be specific, but should
begin flexible. He stated that staff would expect that the Ordinance should be strictly followed and that waivers would have to be granted on a regular basis. He stated that he is
not sure that Fayetteville has had one site plan that fully complied with their landscaping ordinance. He added that a lot of time is spent in negotiations, which delays projects.
He stated that three developers represent 90% of the industrial property in the City and that none of them feel that the Ordinance will encourage development for the City.
Discussion ensued that the Ordinance should be resolved through Council rather than being referred back to Committee.
Mr. Preston Robinson addressed the City Council expressing concerns for Ordinance compliance regarding property he is developing on Redmond Road and the avenue for which he would have
to obtain (if any) a waiver regarding the rear of the property that is adjacent to LRAFB. He stated that he felt, as written, there would be constant testing of the Planning Commission
to address waivers. He then noted concerns for vehicular use and landscaping requirements and the use of evergreens as well as perimeter strips for manufacturing areas.
Chamber of Commerce Director Bonita Rownd asked that given recent amendments and general discussion that the City Council further study the Ordinance before adoption.
Alderman Sansing questioned if the perimeter requirement should be amended to reflect a percentage scale to avoid taking as much as 20% of a smaller development.
Alderman Stroud stated that Section 16.20.049 Flexibility in Applying Standards could address perimeter considerations, adding that he did not feel that the Planning Commission would
take 20% of a small development.
He related that the proposed Ordinance is not as strict as other landscaping ordinances, and areas with stricter landscaping ordinances have not experienced a development or growth hindrance.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
Alderman Lewis expressed concerns that the Ordinance would be implemented without consideration to flexibility and further expressed concerns regarding perimeter requirements.
Alderman Fletcher expressed concerns that the flexibility clause would create a situation where all landscaping designs that do not meet the criteria of the Ordinance would be forwarded
to the Planning Commission. He added that he would like to find a better option to the flexibility issues that could arise regarding legal ramifications.
Alderman Ray related difficulty passing the Ordinance even though local developers have had input and the Planning Commission and Landscaping Committee has discussed the issue extensively.
He added that passage of the landscaping Ordinance will not make everyone happy but the City Council should be able to make a decision. He added that he did not feel that the landscaping
Ordinance would hinder commercial development and related the need to move forward rather than refer back to Committee over small discrepancies.
Alderman Sansing moved that 16.20.044 Perimeter Strip, be amended so that a development not loose more than 8% for small sites.
Mayor Swaim asked that the word “small” be defined for Ordinance guidelines.
Discussion ensued that given proposed guidelines in the Ordinance a 100 X 150 foot lot would loose 20% of the available site for a 6’ perimeter landscaping.
Alderman Elliott offered that if a percentage were used the wording of small would not be necessary.
Discussion ensued and Alderman Sansing moved to amend that the word “small” be dropped from the previous motion.
City Attorney Bamburg clarified that the motion now states, “that a developer shall loose no more than 8% of the site property for development of landscaping regulations and requirements”.
Mayor Swaim noted as proposed a large or small development site would only be required to provide a minimum of 8% landscaping.
Alderman Sansing clarified that motion that the 6-foot perimeter be left in the requirements unless a developer is loosing more than 8% of the site to landscape perimeter guidelines.
Mr. Preston Robinson noted concerns for his developments on John Harden regarding perimeter flexibility for large trucks and traffic through the common drive. He offered that the 8%
percentage might address that issue, but then stressed that the need to move from one shopping center to another property without a barrier could be a major functional issue.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. – 7:59 P.M.
Alderman Ray seconded the motion to amend and add to Section 16.20.044 as clarified by City Attorney Bamburg “in all applications a developer shall loose no more than 8% of property
for purposes of perimeter planting strips”.
Alderman Fletcher suggested that the Council hold off on the 3rd reading of the Ordinance, allowing additional time to fine-tune issues of concern. He reiterated concerns regarding
the flexibility clause and not having to use it constantly.
ROLL CALL to amend Ordinance 1205 Section 16.20.044 to include the wording “in all applications a developer shall loose no more than 8% of property for purposes of perimeter planting
strips”. Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
ROLL CALL to place Ordinance 1205 on SECOND READING as amended: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1205.
Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance 1205 on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud,
and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1205 on THIRD and FINAL READING.
Discussion ensued and Alderman Fletcher moved, seconded by Alderman Sansing to table Ordinance 1205. MOTION CARRIED.
APPOINTMENT(S): Alderman Smith moved, seconded by Alderman Elliott to approve the Appointment of Vicki Farmer to fill the unexpired term of Kathe Parson expiring April 20, 2007. MOTION
CARRIED.
ANNOUNCEMENT(S):
ADJOURNMENT:
Mayor Swaim without objection, adjourned the meeting at approximately 7:59 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer