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04 MAR 04.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 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 March 4, 2004 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, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Lewis, Wilson and Twitty were absent. PRESENT seven (7), ABSENT (3). Mayor Swaim stated that Alderman Lewis was traveling to the National League of Cities meeting in Washington, and that Alderman Twitty is ill. He then related that Alderman Wilson has asked him to explain a conflict in scheduling that will not allow him to attend some future City Council meetings and has submitted a letter resigning his position as Alderman effective immediately. He stated that Alderman Wilson complimented the City Council in his letter and the time he served as Alderman. He noted that Alderman Wilson served 27 years 2 months of the past 30 years. He stated that Alderman Wilson expressed in his letter that he did not feel comfortable regarding the scheduling conflict of not being able to attend all the City Council meetings. Mayor Swaim stated that it is the responsibility of the City Council to appoint a replacement from Ward 3 to serve the remainder of Alderman Wilson’s term, adding that the appointee would be eligible to seek the position through the next General Election in November. Alderman Fletcher and other City Council members expressed appreciation for Alderman Wilson’s service to the Community and regret for the loss of his dedication. Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Chamber of Commerce Director Bonita Rownd, Police Chief Baker, Fire Chief Vanderhoof, Judy Swaim, Edith Smith, Lendy Lewis, Linda Rinker, Larry Smith, David McClanahan, Sid Gray, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of February 19, 2004 for approval and/or correction at the next Regularly Scheduled City Council Meeting. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meeting of 5 February 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for February 2004. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 19 Building Inspections 71 Business License 12 HVACR 36 Plumbing 73 Electrical 67 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 44 Property Mowed 0 Towed 2 Trash Letters 61 Trash Removal 0 CONDEMNATIONS Cost for December $525.00 Structural Maint. Letters 7 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: a. Request to Accept Bid Traffic Signal Lamps Alderman Stroud moved seconded by Alderman Howard to accept the low bid from Traffic Parts, Inc. in the amount of $15,275.00 with funds to be drawn from the Street Department fund. MOTION CARRIED. b. Request to Accept Bid Reflective Sheeting Alderman Smith moved, seconded by Alderman Stroud to accept the low bid from 3M in the amount of $11,909.87 with funds to be drawn from the Street Department fund. MOTION CARRIED. c. Request to Accept Bid Pipe Installation on Lonsdale City Engineer Whisker related that a pipe between two residences on Lonsdale has rusted out and is causing sinkholes on both sides of the residences. He stated that the proposition is to run a pipe inside the existing pipe. He explained that the difference in bid prices might be attributed to the low bidder performing this type of work more often. He noted that the pipe would be a 24” pipe. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 P.M. Mayor Swaim noted that the City has used the low bidding in the past and the City is comfortable with the low bid. He noted that the bid is a total job bid. Alderman Stroud moved, seconded by Alderman Ray to accept the low bid from Building Utility in the amount of $10,500.00 with funds to be drawn from the Street Department fund. MOTION CARRIED. d. Request to Accept Bid Stanphill Road Mayor Swaim related that the project has been on going for several years, recounting that the City purchased and demolished a house in order to change the location of the end of Stanphil Road where it intersects with Highway 292. He stated that it has been a very dangerous intersection regarding visibility for traffic entering below the hill against on coming traffic. Alderman Stroud moved, seconded by Alderman Howard to accept the low bid from JCI, Inc. in the amount of $42,507.00 with funds to be drawn from the Street Department fund. MOTION CARRIED. PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1220 (#4-04) SECOND READING AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §18.76; PROMULGATING REGULATIONS AND RULES REGARDING THE USAGE OF SIGNS WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1220 is on Second Reading, adding that he did not receive any citizenry input since the first reading of the Ordinance. Alderman Smith pointed out the updated matrix regarding Ordinance 1220; he then introduced two amendments to the Ordinance. He proposed that the definition of Banner be changed to read “A sign made of lightweight fabric or a non-rigid similar material(s) that is attached to a business at two (2) or more edges used for the purpose of advertising a business, product, service, etc.” City Attorney Bamburg addressed the second proposed amendment, relating that the additional language proposed as an amendment would include an additional sentence under that subsection. He stated that it would read “Banners utilized by educational, non-profit and/or religious organizations within the scope of the terms of this ordinance may be attached to two (2) or more poles if placed away from a building.” Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1220 be placed on SECOND READING. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 P.M. Alderman Smith moved, seconded by Alderman Stroud to accept the amendments to Ordinance 1220 as proposed. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1220. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1220 be placed on THIRD and FINAL READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1220. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1220 be APPROVED AND ADOPTED as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1220 THIS 4H DAY OF MARCH 2004. b. ORDINANCE 1221 (#5-04) AN ORDINANCE MODIFYING ZONING PROVISIONS IN JACKSONVILLE MUNICIPAL CODE §18.24.040 AND §18.68 (CHART #1) TO MODIFY BUILDING SETBACK REQUIREMENTS IN GATED COMMUNITIES WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Stroud stated that he feels Ordinance 1221 would offer the opportunity for developers to developer a better quality subdivision. He noted that the Ordinance would only apply to gated communities, changing the 35’ front yard setback to a 25’ front yard setback. He proposed an amendment under Section One and Section Two, asking that the wording be changed from “frontage,” to “front” and the word “street” before the word “frontage” be omitted. It was noted that a corner lot would still carry the minimum fifteen (15) foot side yard setback. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1221 be placed on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1221. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1221 be APPROVED on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1221 be placed on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1221. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 P.M. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1221 be placed on THIRD and FINAL READING as amended. In response to a question from David McClanahan, Mayor Swaim related that the Ordinance is restricted to gated communities. He stated that the Ordinance is competitive in nature, explaining that surrounding communities offer 25’ front yard setbacks. Alderman Fletcher stated that Jacksonville is the only community that he is aware of that still has a 35’ setback. He then pointed out that Jacksonville has subdivisions that also feature a 35’ front yard setback. Mr. McClanahan questioned if by encouraging builders to build houses with small yards, would they remain vacant where the prices eventually go down, driving down property values in that area. Alderman Fletcher stated that he is currently building three houses in the Miller Crossing Subdivision in another community that are being appraised at approximately $103.00 per square foot. He stated that the development has 25’ front yard setbacks and the houses are selling like “hot cakes”. He stated that there are buyers who do not want a large yard to have to maintain. He then related that the market offers different types of developments to meet different needs, adding that the homebuyer dictates what the market offers. Mayor Swaim stated that this type of development would allow a larger square foot home to be built on a smaller lot, adding that many older homebuyers do not want the maintenance of a large front yard. Alderman Ray stated that the Ordinance offers the developer an opportunity to plan a 25’ front yard development without having to apply for a variance through the Board of Adjustment. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1221. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1221 be APPROVED AND ADOPTED as amended. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1221 THIS 4H DAY OF MARCH 2004. c. ORDINANCE 1222 (#6-04) AN ORDINANCE PLACING THE ISSUE OF FOUR (4) YEAR TERMS FOR ALDERMAN ON THE MAY 18, 2004 PRIMARY ELECTION BALLOT FOR THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 P.M. City Attorney Bamburg asked that before the City Council consider Ordinance 1222, that he would like them to be aware of a new Attorney General’s opinion resulting from a request of the Saline County Prosecutor regarding a sales tax election. He explained that Saline County was inquiring if the question of a sales tax issue could be placed on the May Preferential Primary. He related that the Attorney General’s opinion reads that while there is no direct prohibition from doing so; because of the method that Primary elections are paid and that the Primary is partisan in nature; the item would have to be on a separate ballot with the city being obligated to pay the cost for that portion of the Election. He then related that no such requirement or obligation exist for an issue of that nature to be placed on the ballot regarding the November General Election. He then explained that since the Alderman positions are such that they would not take affect until the General Election of 2006, the City Council may want to reconsider the time factor, if the cost is a decision element. Mayor Swaim related that the City Council has the option to amend the Ordinance to reflect the question being placed on the November General Election and proceed with its consideration of the Ordinance. It was the consensus of the City Council to amend the dates of Ordinance 1222 and direct that the question of four (4) year terms for Aldermen be placed on the November General Election ballot. Alderman Howard stated that his reason for sponsoring the Ordinance was to have terms staggered so that not all members of the City Council would be running for reelection at the same time. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1222 be placed on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1222. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1222 be APPROVED on FIRST READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1222 be placed on SECOND READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1222. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. – 7:33 P.M. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1222 be placed on THIRD and FINAL READING as amended. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1222. Alderman Howard moved, seconded by Alderman Stroud that Ordinance 1222 be APPROVED AND ADOPTED as amended. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1222 THIS 4H DAY OF MARCH 2004. ANNOUNCEMENT(S): Arkansas State Highway Needs Summary City Engineer Whisker reported that the Transportation Highway Department discussed the expenditure of tax dollars on various State projects. He stated that a survey is being offered on the Web at Arkansashighways.com for input regarding the expenditure of highway funds. He encouraged everyone to participate in the survey regarding his or her local area. Mayor Swaim stated that a copy of the survey would be available in the City Clerks Office. Alderman Sansing commended City Engineer Whisker regarding his work for the City. Condemnation Report City Engineer Whisker stated that some of the properties are making progress. He offered the City Council photographs of 162 Roosevelt Road, 117 Joiner Avenue, 115 East Boulevard, 190 Pike Circle, 127 Galloway Circle, 109 Union Avenue, and 112 South Elm Street. He noted that some of the properties have passed their framing inspections and then answered that the property owners granted extensions by the City Council have made moderate progress, with some being further along and having completed the their siding. In response to a comment from Alderman Smith, City Engineer Whisker related that the 90-day extension period has expired and that he would be seeking bids for demolition in the next two weeks for those structures that have not been completed. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:33 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer