04 MAY 20.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
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 20, 2004 at the regular meeting place of the Council.
Alderman Stroud 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, Rinker,
Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also
answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Tawnya Johnson, Director of Administration Murice Green, Public,
Planning Commission Chairman Art Brannen, Parks and Recreation Director
George Biggs, Police Chief Baker, Fire Chief Vanderhoof, Glenda Fletcher,
Edith Smith, Larry Smith, David McClanahan, Tommy Bond, interested
citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council meeting of
May 6, 2004 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 Lewis that the minutes of the
Regular City Council Meeting of 15 April 2004 be APPROVED. MOTION
CARRIED.
ADDITION TO AGENDA:
Abandonment of easement adjacent to West Main
Alderman Ray moved, seconded by Alderman Howard to suspend the rules and
place the easement abandonment on the May 20, 2004 City Council agenda as
advertised for public hearing. MOTION CARRIED.
Mayor Swaim opened the public hearing at approximately 7:02 p.m.
Mayor Swaim related that the property is part of the old gas station that
was on the corner of Main and North First, which had been demolished
during construction of the Main Street Overpass. He related that the
property was originally part of the State’s right-of-way, explaining that
the State abandoned the property to the City. He related that the City
is proposing to abandon the property to the adjacent property owner, Mr.
Mongno. He noted that Mr. Mongno has agreed to maintain the property.
Mayor Swaim closed the public hearing at approximately 7:05 p.m.
Alderman Stroud moved, seconded by Alderman Sansing to abandon easement
property described as Part of Lot 6 and Lot 7, of Block 25 of the
Original Town of Jacksonville, T-3-N, R-10-W, Pulaski County, Arkansas in
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favor of Mr. James Mongno adjacent property owner. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
7:00 P.M. – 7:29 P.M.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Howard to approve the Regular
Monthly Report for April 2004. Said report reflects the Total Value of
Reported Stolen Property $48,594. Total Value of Recovered Stolen Property
$47,056 and Total Report Sales $545.00.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Howard to approve the Regular
Monthly Animal Control Report for April 2004. Said report reflects:
ADOPTION/FINES: $ 667.00
CONTRIBUTIONS: 20.00
TOTAL: $ 667.00
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Howard to approve the Regular
Monthly Report for April 2004 from the Jacksonville Fire Department, which
reflects a fire loss of $194,500.00 and a savings total of $344,500.00.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for March 2004. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 19 Building Inspections 48
Business License 14 HVACR 99
Plumbing 78
Electrical 45
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 249 Notice of Noncompliance 18
Property Mowed 0 Towed 1
Trash Letters 51
Trash Removal 0 CONDEMNATIONS
Cost for December $.00 Structural Maint. Letters 0
Structural Repairs Made 0
Demolitions 0
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
7:00 P.M. – 7:29 P.M.
PLANNING COMMISSION: a. FINAL PLAT of Rebsamen Regional Medical Center
Subdivision Units 2-5
Mayor Swaim related that the property was purchased by Rebsamen Hospital
some years ago for development of healthcare clinics to attract
physicians to the area that would also practice at the Hospital. He
stated that the property has been replatted and the Planning Commission
recommends final plat approval.
Alderman moved, seconded by Alderman Stroud to Approve the FINAL PLAT of
the Rebsamen Regional Medical Center Subdivision Units 2-5. MOTION
CARRIED.
b. ORDINANCE 1227 (#11-04)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY LYING BETWEEN MCCAIN ROAD AND SHANNON,
JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE
LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER
PURPOSES.
Alderman Ray moved, seconded by Alderman Lewis that Ordinance 1227 be
placed on FIRST READING.
Mayor Swaim related that the request is to reclassify property from
commercial to residential. He explained that the owner had previously
rezoned the property to commercial in anticipation that the area would
develop commercial, adding that he has since decided to redevelop his
property as residential. He noted that the property is located between
McCain and the cut-off of Shannon Drive.
ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1227.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1227 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1227 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1227.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
7:00 P.M. – 7:29 P.M.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1227 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1227.
Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1227 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1227 THIS 20 DAY OF MAY 2004.
c. FINAL PLAT of Tracts 1-5, McCain Road and Shannon Drive Subdivision
Mayor Swaim stated that the property was originally one tract of land
with more than one house on the property. He pointed out that
subdivision regulations requires that the property be platted for single-
family in order to redevelop the property.
Alderman Ray moved, seconded by Alderman Lewis to Approve the FINAL PLAT
of Tracts 1-5, McCain Road and Shannon Drive Subdivision. MOTION
CARRIED.
d. FINAL PLAT of Forest Oaks Subdivision PH I
Mayor Swaim related that the Subdivision is located off Harris Road and
is proposed as a large subdivision that will be developed in phases. He
added that the Subdivision is further proposed to be a gated community.
He noted that the lots that face Harris Road were removed from the gated
portion of the Subdivision because of maintenance issues regarding
private streets. He noted that the Subdivision is gated to keep through
vehicular traffic from entering, adding that the bill of assurance
provides that the private streets will not be maintained by the City. He
noted that the bill of assurance contains a provision, if the Subdivision
were changed from a gated community, which allows dedication of the
streets to the City providing that the streets are up to City standards
at that time.
Alderman Stroud moved, seconded by Alderman Twitty to Approve the FINAL
PLAT of Forest Oaks Subdivision PH I. MOTION CARRIED.
e. FINAL PLAT of Maple Wood Subdivision
Mayor Swaim related that the Maple Wood Subdivision consist of the lots
that face Harris Road and was the portion of the Forest Oaks Subdivision
that was removed. He noted that the Subdivision consists of thirteen
(13) lots.
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Alderman Rinker expressed concern that the Subdivision would have be
districted by separate schools, explaining that some children would
attend the Tolleson Elementary School and some would attend the
Jacksonville Elementary School.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
7:00 P.M. – 7:29 P.M.
Mayor Swaim stated that the City has asked the Pulaski County School
Board for a plan to allow for a single consistent location for the area
school children to attend.
Alderman Howard moved, seconded by Alderman Ray to Approve the FINAL PLAT
of Maple Wood Subdivision. MOTION CARRIED.
Noting newly arrived members in the audience, Mayor Swaim reopened the
public hearing regarding the easement abandonment adjacent to West Main
Street at approximately 7:17 p.m.
With no one to speak in favor or objection, Mayor Swaim closed the public
hearing at approximately 7:18 p.m.
GENERAL: ORDINANCE 1226
AN ORDINANCE ADOPTING A COMPREHENSIVE DEVELOPMENT USE PLAN FOR THE CITY
OF JACKSONVILLE; CREATING JACKSONVILLE MUNICIPAL CODE § 18.06.; AMENDING
THE JACKSONVILLE LAND USE PAN, A MASTER STREET PLAN, AND MASTER SIDEWALK
PLAN; AND, FOR OTHER PURPOSES.
Director of Administration Murice Green related that in April 2001 the
City Council conducted a planning meeting in which it identified future
planning as an immediate goal for the City. He added that the same
discussions were held in joint meetings conducted with the Planning
Commission. He stated that as a direct result, the Comprehensive
Development Plan that had not been updated since 1977 was placed in
committee for update considerations. He noted that a member of the
Metroplan Staff was assigned to facilitate the development of a new Plan.
He then noted that results from a survey conducted in October 2002 were
also used in the formation of the new Comprehensive Development Plan. He
noted that the Plan was in Committee for the majority of 2003, adding
that the Committee consisted of members of the Fire, Police, Public
Works, and Engineering Departments. He related that the Planning
Commission became involved in the planning of mixed-use zoning in the
downtown area. He recommended that the Comprehensive Development
Ordinance be passed on first reading and further reviewed for passage at
the next regularly scheduled City Council meeting.
Alderman Sansing moved, seconded by Alderman Smith that Ordinance 1226 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1226.
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Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1226 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
b. Request to Set Public Hearing regarding easement abandonment at
Marshall Road and John Harden Drive
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
7:00 P.M. – 7:29 P.M.
Mayor Swaim related that the Wastewater Department moved a sewer line to
improve the sewer flow and allow for construction of a business.
It was the consensus of the City Council to set the public hearing for
the regularly scheduled City Council meeting of June 17, 2004.
ADDITION TO AGENDA:
FINAL PLAT of Hayley Heights Subdivision
Mayor Swaim related that the Hayley Heights Subdivision is outside the
City limits but is within the City’s five-mile planning jurisdiction. He
noted that the Planning Commission has recommended the item for final
approval to the City Council, adding that it has been reviewed by the
County Planning Commission. He asked that the City Council consider the
item for the current agenda. He stated that one reason the City Council
is asked to approve the Final Plat is to help ensure that there are no
substandard subdivisions developed in the County, particularly area of
possible annexation.
Alderman Stroud moved, seconded by Alderman Smith to suspend the rules
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and place the FINAL PLAT of the Hayley Heights Subdivision on the May 20
2004 City Council agenda. MOTION CARRIED.
Mayor Swaim related that the Subdivision is located west of Hwy 107 and
consist of thirteen (13) lots.
Alderman Smith moved, seconded by Alderman Howard to Approve the FINAL
PLAT of the Hayley Heights Subdivision. MOTION CARRIED.
APPOINTMENT(S): PARKS AND RECREATION COMMISSION
Alderman Fletcher moved, seconded by Alderman Stroud to reappoint Mr.
Mike Dietz for a term to expire 5/9/2009. MOTION CARRIED.
ANNOUNCEMENT(S): Use Tax Lawsuit
Mayor Swaim related that the State Supreme Court has issued its ruling on
the use tax lawsuit, saying that they have determined that the Judge’s
prior ruling was incorrect. He related that the ruling allows cities to
collect the use tax. He went on to say that the reason this is so
important is because it allows cities to be able to maintain their fund
balance and cash flow. He noted that the City of Jacksonville was
loosing approximately $400,000 annually from County Sales Tax revenues
because of the earlier ruling, adding that amounts withheld over the
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previous months would be returned. He related that while it is not a
huge “win fall”, it will help with some capital projects such as the
Parks pool project. He noted that it would be funds that would not have
to come from the one-cent sales tax. He related that one main problem
with the project was that funds would not come in fast enough to pay the
project along as it was being built, if it went to contract immediately.
He explained that bottom project costs are still being negotiated because
there are some items that the Parks Commission have looked at that may be
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 20, 2004
7:00 P.M. – 7:29 P.M.
able to taken out of the total project. He related that it now appears
that as those funds come in over the next few months, the project will be
able to move forward and be constructed substantially as it was designed.
He added that there are minor changes that everyone agrees would not
change the effectiveness of the Park. He then added that the City is
thankful to City Attorney Bamburg, along with other city attorneys who
have worked together to take the case through the lower court and then to
the Supreme Court. He related that in order for the current ruling to
change, it would have to be declared that the State Legislature passed an
unconstitutional act when it passed Act 31.
City Attorney Bamburg related that the suit was originally filed in 1998,
and was commonly referred to as the Waters Two Case because the same
plaintiffs had filed previously on the issue. He explained that it had
been declared that the Act and the tax was appropriate, and yet when a
different decision was handed down by the Supreme Court, the plaintiffs
refilled believing that the decision in 1998 had modified the way the
Court was viewing the case. He continued that the municipalities, the
County and the State agencies that were involved together filed a motion
to dismiss based on the fact the issue had already been decided, their
contention being that it was the same plaintiffs, same parties and that
it was a non-issue. He explained that Judge Gray denied the dismissal
motion and that in the ensuing four years issued a ruling that was
against the municipalities and the County. He stated that the Supreme
Court ruled today that the motion to dismiss should have been granted in
1998. He stated that the City has been escrowing monies since the fall of
2002 and that now those funds can be forwarded to the City in the near
future, adding that the monies that have been collected over the past
months will again begin coming to the City on a regular monthly basis.
Mayor Swaim commended the efforts of all attorneys who work to bring the
issue to end result.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:29 p.m.
Respectfully,
________________________ _________________________
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Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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