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04 SEP 02.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7:00 P.M. – 7:27 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 September 2, 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, Lewis, Sansing, Ray, Rinker, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Fletcher was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief Vanderhoof, Police Chief Baker, Planning Commission Chairman Art Brannen, CDBG Director Theresa Watson, Mrs. Edith Smith, Mrs. Lendy Lewis, 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 August 19, 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 Howard that the minutes of the Regular City Council Meeting of 5 August 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: ORDINANCE 1232 (#16-04) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF OBTAINING ADDITIONAL AMOUNTS OF ASPHALTING AND MILLING SERVICES FOR THE CITY OF JACKSONVILLE DURING THE REMAINING 2004 CONSTRUCTION SEASON; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim explained that the accepted low bid for asphalt has allowed the City to add paving areas and to extend the original contract. He added that City Attorney Bamburg advises that the City Council would need to adopt an ordinance to waive competitive bidding. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7:00 P.M. – 7:27 P.M. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1232 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1232. Mayor Swaim related that the budgeted amount was $285,000.00, adding that the City was able to complete additional streets due to the low cost. He added that the budget price will be maintained under the new agreement. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1232 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1232 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1232. Alderman Howard moved, seconded by Alderman Sansing that Ordinance 1232 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1232. Alderman Lewis moved, seconded by Alderman Sansing that Ordinance 1232 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1232 THIS 2nd DAY OF SEPTEMBER 2004. SANITATION DEPARTMENT: Request to Accept Bid for Tub Grinder Mayor Swaim noted that the current tub grinder was purchased in 1992 and that maintenance has become sufficient enough that it is increasingly difficult for the City to feasibly maintain its operation. He stated that Public Works Director Jim Oakley would like to address the benefits of purchasing a demonstrator model. He added that the specifications were bid in a manner to allow for the purchase of a demonstrator. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7:00 P.M. – 7:27 P.M. Public Works Director Jim Oakley stated that purchase of a demonstration model would save the City approximately $85,000.00, adding that the demonstrator model has a total of 240 operation hours which equals approximately six months of City service at the current operation practice. He noted that since Sanitation equipment is depreciated to fund new purchases, the savings of $85,000.00 savings would represent two or three years of depreciation at $30,000.00 for each year. He recommended this method for economic reasons, adding that the machine has been demonstrated in the Department and has performed good. He then answered that the machine would carry the same warranty as a new machine. In response to a question posed by Alderman Sansing, Director Oakley answered that the hammers in the machine are in good shape, adding that the bid package included a year supply of new hammers and bits. Alderman Howard moved, seconded by Alderman Lewis to accept the low bid of $277,589.28 from Verneer Midsouth with funds to be drawn from the Sanitation Depreciation Fund. MOTION CARRIED. PLANNING COMMISSION: DEVIATION ADDITION IN AGENDA: CDBG FIVE-YEAR CONTRACT PLAN Mayor Swaim asked that the City Council suspend the rules and place an item on the agenda regarding the CDBG five-year plan. He stated that it is a requirement of the program to develop a five-year plan. He stated that bids were advertised and it was hoped that Jacksonville could attach to Little Rock’s bid to have the five-year plan completed along with another phase that is needed. He noted that the bids came in higher than anticipated so the proposal is to take the five-year plan, which is $10,000.00. He stated that the amount does not require City Council approval but added that since it is not a line item in the budget they are asking for approval to complete the plan using funds that are available. Alderman Ray moved, seconded by Alderman Howard to place a contract for the five-year plan on the agenda. CDBG Director Theresa Watson related that request for proposal was sent to seven bidders, adding that only one firm responded. She stated that the proposal received was from J-Quad & Associates in Dallas, Texas. She added that J-Quad is the firm that performed the previous five-year plan. At this time MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to approve the expenditure of $10,000.00 to complete the CDBG funds five-year plan under the contract with J-Quad & Associates, LLC. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7:00 P.M. – 7:27 P.M. GENERAL: Appeal of Planning Commission decision to deny rezoning at 900 Madden Road Mayor Swaim noted that a letter from Clayton Engineering had been forwarded to City Council requesting a review of the decision by the Planning Commission to deny a rezoning at the address of 900 Madden Road. Alderman Ray stated that he had reviewed the material including the minutes of the Planning Commission meeting, adding that as a rule the City Council supports planning decisions made by the Planning Commission. He stated that he would defer to the wisdom and reasoning of the Planning Commission. Alderman Sansing stated that he understands the Planning Commission works very hard to support existing planning ordinances and development plans of the City, adding that input from the citizens is included in that deliberation. Mayor Swaim offered Mr. Mike Clayton of Clayton Engineering an opportunity to address the request. Mr. Mike Clayton stated that he is the engineer representing the owner Mr. Brad Medlock. He noted that Mr. Medlock currently has four-plexes located on a portion of the property at 900 Madden Road. He stated that there was a lengthy discussion regarding rezoning the front 300’ adjacent to Madden Road from R-1 to R-3. He added that the original request was to construct three additional four-plexes, which he demonstrated for the City Council on a large-scale plat of the property. He noted that residents, representing mostly the area directly behind the proposed rezoning, were present at the meeting and voiced their objections. He reviewed the specific objections voiced by these residents as documented in the Planning Commission minutes. He stated that the developer is trying to work with the area residents and the Planning Commission to accomplish the development. He related that at the request of the Planning Commission, the item of business was heard again at the August meeting regarding a possible reconfiguration and to offer Mr. Medlock the opportunity to be present at that meeting. He reviewed that he returned to the Planning Commission with a revised proposal that was felt to mirror the wishes of some of the Planning Commission as stated at the July meeting. He stated that a few of the Planning Commissioners were very interested in maintaining the residential integrity along Madden Road, so the request was amended to rezone the back 200’ of the originally proposed 300’ to R-3 allowing for two four-plex units and keep the front 100’ as R-1 for a residential lot and single-family house. He noted that three Planning Commissioners were not present at the August meeting and it is their feeling that they were not fully able to have discussion for negotiation of the best way for the property to develop and maintain harmony of the neighborhood. He noted that the developer is willing to put in additional landscaping to create more of an aesthetically pleasing entrance next to the brick entrance drive. He stated that they are respectfully requesting reconsideration for the proposal from the Planning Commission, acknowledging the difficult job of CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7:00 P.M. – 7:27 P.M. the Planning Commission regarding planning decisions for the City. He added that it is felt that the request and application is reasonable for two more units. He added that the developer is not asking for any waivers or variances. He stated his thought would be to ask the Planning Commission to reconsider its decision, because he does not like asking the City Council to override the Planning Commission’s decision. In response to a request from Alderman Smith, Planning Commission Chairman Art Brannen addressed the City Council. He stated that several residents in the area had opposed the proposal, adding that there was discussion regarding Fire Department equipment access and turnaround at the end of the development. He concluded saying that he did not believe the Planning Commission was in favor of displacing any more of the residential property from Madden Road. In response to a question posed by Alderman Sansing, City Engineer Whisker stated the residential lots to the west of the development are approximately 170’ X 100’. Alderman Sansing noted that the proposed lot would be much smaller than the average lot size of the neighborhood. Alderman Lewis stated that his concern would be the objections expressed by the neighboring residents regarding traffic. Chairman Brannen concurred that the residents did express concerns for increased traffic regarding area children. In response to a comment from Alderman Twitty, Chairman Brannen stated the Planning Commission is not inclined to have the item back before the Commission for further study. Mr. Joe Williams of 812 Madden Road, an area resident adjacent to the development, cited concerns for present noise coming from the existing residents of the apartment complex, adding that his view from his home would be the back of an apartment complex. He added that he feels it would be an eyesore to the neighborhood. He then reiterated earlier mentioned concerns regarding the ability of the Fire Department to maneuver its equipment within the development. In response to a question from Mr. Williams, Mr. Clayton answsered that the development would adhere to the required 25’ side yard setback of an R-3 zoning. Mr. Williams demonstrated on the plat the proximity of the development to his kitchen door with a 25’ setback. In response to a request from Alderman Lewis, Chief Vanderhoof stated that the current road to the apartment complex is adequate for the Fire Department equipment. He noted that the developer also installed a fire hydrant as required. He then answered that he did not foresee a problem with accessibility regarding extension of the apartment units. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7:00 P.M. – 7:27 P.M. Alderman Howard moved, seconded by Alderman Smith to support the Planning Commission’s decision to deny the request to rezone property located at 900 Madden Road. Alderman Stroud stated that the development is very nice, adding that he was at the Planning Commission meeting and there was heavy controversy not only among the Planning Commissioners but also among the citizens. He then noted that the beginning request regarding the property at 900 Madden also had heavy controversy, which resulted in the resignation of two Planning Commissioners. He stated that while he feels additional apartments could be used, he also feels that the City has a Planning Commission that is encouraged to follow the Land Use Plan. He added that he feels the Planning Commission has done that, adding that he would be reluctant to return it to the Planning Commission. In response to a question posed by Alderman Twitty, Mr. Clayton stated that at this time there are no alternative plans, adding that he does not feel that it would be feasible to build single-family housing. He stated that he and Mr. Medlock believe they are complying with the Land Use Map in terms of residential quality. Alderman Smith noted that in his twenty-four years on the City Council he does not recall, but possibly once, an item being returned to the Planning Commission from the City Council. He added his support of the motion to deny the request to have the item returned to the Planning Commission. At this time MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:27 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer