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06 OCT 05.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 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 5, 2006 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, 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 Linda Dulaney, City Engineer Jay Whisker, Fire Chief John Vanderhoof, Police Chief Robert Baker, Public Works Director Jim Oakley, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Chamber of Commerce Director Bonita Rownd, 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 September 7, 2006 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 17 August 2006 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for Asphalt Roller In response to a question posed by Alderman Elliott, Public Works Director Jimmy Oakley stated that he is comfortable with the low bidder. Alderman Smith moved, seconded by Alderman Elliott to accept the low bid of $29,366.00 from Rushing Mason with funds to be drawn from the Street Department Fund. MOTION CARRIED. SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: ORDINANCE 1293 (#26-06) SECOND READING AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: WOODSIDE SUBDIVISION, ADJACENT TO WESTERN HILLS SUBDIVISION); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. Alderman Stroud stated that he has heard good points from both sides of the issue, explaining that there is a lot of concern, which he feels has been blown out of proportion. He stated that even if the Ordinance does not pass there would be increased traffic on West Main, noting that west Jacksonville is where most of the future growth in Jacksonville will happen. He related that the City Council would have to address those traffic issues as they arise. He pointed out that the City cannot tell a developer what to build, explaining that the best the City can do is to encourage the developer to build what the City needs. He stated that it is a frightening thought, as a resident who lives in the area, that the developer could build 900 square foot houses without permission from the City of Jacksonville. He went on to say that the outside of the homes could be all siding, citing the appearance of smaller homes recently built in Gravel Ridge, and adding that the developer could sell or rent the homes. He stated that he feels this would certainly bring the area property values down. He stated that the best avenue for the City would be to try to fill the needs of the citizens of Jacksonville. He stated that it would be easier for the City Council to pander to the audience and vote as the opposition feels. He added that it is hard to face your constituents and say that as Council members we are trying to do what is best for the City of Jacksonville as a whole. He stated that the public demands better restaurants, shopping, more business and commerce, adding that is what the City Council is trying to accomplish. He stated that it is all part of the same package. He asked the Aldermen to vote their conscious regarding what is good for the citizens as a whole. Alderman Stroud moved, seconded by Alderman Ray to place Ordinance 1293 on SECOND READING. ROLL CALL: Alderman Elliott, McCleary, Ray, Rinker, Stroud, and Howard voted AYE (6). Alderman Smith, Sansing, Fletcher, and Twitty voted NAY (4). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1293. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1293 on SECOND READING. Mr. Luciene Shockey stated that he is representing 180 of his neighbors. He related that he had researched upscale townhouses on the Internet, saying that they were 2,000 square feet, two and three bedrooms, two baths, hardwood floors, with crown molding throughout. He related that these townhouses were in Little Rock, Fayetteville and Springdale. He expressed reluctance that these townhouses could capture the upscale housing market. He stated that there are already Jacksonville citizens and business people that are moving to Miller Crossing to obtain upscale housing, because it is not available in Jacksonville. He related that he got 41 Internet hits for upscale townhouses and 893 hits for rental townhouses and 82 for sale. He stated that there is a high probability that the development would turn into rental townhouses rather than owner occupied townhouses. He stated that with the quality of housing being constructed on the LRAFB he believes a lot of military personnel will choose to live on the Base rather than to pursue housing in Jacksonville. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. He pointed out that the developer had stated in a Planning Commission meeting that if this type of development was being constructed behind his personal home he would have to make the decision that he might have to sell his property, because he would not like it. He stated that the developer wants the development for their backyard but not in his own backyard. He called the City Council’s attention to the retaining pond and the design, saying that the City Council should be careful that it does not add to the length of the bridge span because it will run parallel to West Main Street. He stated that it has been said that the pond would be a water feature, pointing out that a water feature has continual water, questioning that if a 4” rain occurs where will the floodwater accumulate. He stated that the floodwater would have to have an outlet capable of carrying the floodwater. He ask the City Council to bear in mind that they as homeowners are not against townhouses, but they do support the Planning Commission’s decision to be in favor of townhouses but not at this location. He stated that he and the other homeowners would like to have a clear understanding of why this is truly in the best interest of the City of Jacksonville and why high-density houses should be at this location in the City. He suggested that in the interest of fairness and open government that City Council members explain their reason for their vote. In response to a question posed by Alderman Sansing, Mr. Shockey answered that he is the chief financial officer for a university and that he had chosen Jacksonville because he liked what he saw when he and his wife bought in the Bushwood neighborhood. He stated that he lives in a one-level house and refers to it as his expire-ment home. He agreed with Alderman Sansing that he could have chosen to live anywhere, but liked what he found in the Bushwood neighborhood and felt his property values would remain because of what was surrounding it. Mr. Tommy Bond referred to a newspaper article in Monday’s paper titled “New Urbanism taking root in state”, adding that the article describes what is very similar to what the developer is trying to do with the Woodside development. He noted that the article speaks about a mix of houses and townhomes. He stated that the developer is proposing to build 1600 square foot single-family homes, and 1500 square foot town homes. He stated that the developer does not intend to build anything that would hurt the neighborhood, pointing out that the homes in the Spring Valley Subdivision have vinyl siding. He related that the minimum for Spring Valley is 1400 square feet. He then pointed out the development of Waterside Drive that has nine duplexes, which he believes are the smallest duplexes in Jacksonville, rents for $295.00 monthly. In response to a question posed by Alderman Stroud, Mr. Bond clarified that the lake is designed as a retention basin, explaining that it has an overflow structure and is designed to hold water with a differential of approximately 3 to 4 feet. He related that retention basins are established in most developments and most are dry. He clarified that any overflow would go into the same channel that it is going into now. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. Alderman Sansing compared the rear view of the townhouses from Main Street straightened to the view of the rear of the apartments on Redmond Road. Mr. Bond pointed out that the rear of the homes in Spring Valley are visible from Main Street, noting that all those homes have vinyl siding. He added that he believes the developer has indicated that the townhomes would be hard board and vinyl. Alderman Smith stated that he has been on the City Council for 26 years, adding that he has always supported the Planning Commission. He stated that the Planning Commission has viewed the development several times, which is his reason for voting NAY. Alderman Fletcher stated his disappointment regarding the division over the development. He added that while he sharply disagrees with Alderman Stroud, he would like to say publicly that he respects Alderman Stroud. He stated that Alderman Stroud has taken some difficult stands in his time on the City Council, adding that they were stands that he was glad were taken. He stated that while he disagrees with Alderman Stroud, he admires him and wants to state publicly that Alderman Stroud is a good alderman. He then related that living inside a city limits offers more home value protection regarding area development. He then agreed with Mr. Bond that Spring Valley Subdivision does have vinyl siding, but added that the residents present in the audience represent Western Hills, Tara Mount, Forest Oaks, Fair Oaks, Pennpointe, and Bushwood. He stated that he has not heard anyone with nothing to gain from the proposal come forth to support the proposal. He related that all the residents who live in the immediate area and are directly affected are against the development. He stated that City government is closer to the people than other branches of government and City government should share citizen concerns. He pointed out that the Planning Commission voted almost unanimously against this development and the City Council should not take the approach of forcing this item down anyone’s throat. He related that when the City votes to accept new development, the question should be asked, “Does this project compliment and enhance the area?” He stated that $160,000.00 homes is not the ideal fit for an area with $300,000.00 homes, adding that west Jacksonville is the only place where construction is going to take place. He stated that six months ago, this was not on the horizon and suddenly it is suppose to fit into our long range planning. He stated that he feels the City Council needs to be responsive to the people who put them in office. He stated that he is a representative of the people, adding that if he disagreed he would voice that. He stated that in this case he feels the people are right and he is going to fight for that opinion. Alderman Sansing read a prepared statement addressed to the City Council members. “We are representative government, elected at large to represent the wishes of the people. In this case those that are most affected by this proposed development, is the people that we need to represent. We should do just that, vote the will of the people. One CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. hundred and eighty plus people have signed a petition against this proposed development. They fear for the value of their homes, many invested their life savings to purchase these houses. They believe this proposed development would devalue their property, their homes and endanger the fruit of their life savings. That is what the people fear, we should recognize this fear. We should listen to them, understand the fear and we should act to protect them. We should not overturn the Planning Commission. If the Council votes to overturn the Planning Commission ruling and these people’s fear come to pass and their property values are negatively affected, then we would have failed at our number one job of government, protecting our constituents. If its overturned and if their fears don’t come to pass and it doesn’t affect their property values, I say that this Council will have still failed, because we will have failed in representing the will of the people. We are elected to represent the people that are affected by the issues.” Alderman Twitty addressed the City Council members, saying that she would like each Council member to consider if they would like to have this development in their neighborhoods. She stated that she has heard a number of times that this development is not going to affect Bushwood, adding that is where her son lives, and that is true as far as looks because Bushwood is surrounded by woods. She stated that the major concern would be the traffic, stating that the traffic is already bad and the problem is not going to be corrected in the next year or two. Emma Knight of 216 Berkshire Circle and a member of the Planning Commission stated that the Planning Commission has conducted lengthy discussions regarding the project a number of times. She related that the Planning Commission voted it down two meetings in a row and not by just one vote. She stated that she does not necessarily believe that it has to negatively affect property values to have nice new townhomes for the first five or ten years. She added that it would depend strictly on the way they were built and laid out. She then pointed out that when the proposal came before the Planning Commission it was for a rezoning for multi-family housing, adding that it was not to rezone for upscale retirement homes. She explained that the Planning Commission discussed the concerns of the citizens and the realities of the proposal. She stated that both times she voted against the issue. She related that the proposal is not a personal issue for her, but added that she does not feel that it is the best thing for the City in that location. She said that she believes Jacksonville does need upper scale housing, adding that she and Bart Gray Jr. who make their living selling homes, both voted against this proposal twice. She stated that it was not because they wanted to vote against Jacksonville’s prosperity, which is absolutely not true. She added that it is also not true that either of them “caved in” to anything. She stated that the density of the plan is the same density that the Planning Commission considered, saying that density, along with water, drainage, traffic issues and the fact that you cannot claim these townhouses are ideal for retirement homes is why she voted against the issue. She related that if she were looking at a plan for that area that showed a development similar to West Haven in Cabot, which featured CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. a nice subdivision with one phase being gated for garden homes for the elderly, she would have voted for the project. She stated that this is the kind of retirement development Jacksonville needs; saying that she has polled citizens over 50 and not one has said they would want to retire in a two-story property. She stated that if the City Council did not trust the Planning Commissioners to make those decisions they need to find new ones. She promised that when and if the proposal passes, she would turn in her letter of resignation. ROLL CALL: Alderman Elliott, McCleary, Ray, Rinker, Stroud, and Howard voted AYE (6). Alderman Smith, Sansing, Fletcher, and Twitty voted NAY (4). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1293 THIS 5th DAY OF OCTOBER 2006. b. ORDINANCE 1295 (#28-06) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL, 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, ONE (1) MILL, AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED; AND, FOR OTHER PURPOSES. Mayor Swaim related that the library millage has been assessed and included in the annual millage. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1295 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Twitty, Fletcher, Stroud and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1295. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1295 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1295 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1295. Alderman Fletcher moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1295 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1295. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1295 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1295 THIS 5th DAY OF OCTOBER 2006. c. ORDINANCE 1294 (#27-06) AN ORDINANCE AMENDING JMC §5.32 (WRECKER SERVICE REGULATIONS); AND, FOR OTHER PURPOSES. Alderman Ray stated that members of the wrecker industry have agreed to the provisions of the ordinance. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1294 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Twitty, Fletcher, Stroud and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1294. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1294 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1294 on SECOND READING. It was clarified that there would be lenience for the 15 minute response time and placement on the rotation list would not be lost regarding Code Enforcement vehicle calls. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1294. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1294 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1294. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1294 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1294 THIS 5th DAY OF OCTOBER 2006. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. SPEED LIMITS ON SOUTH REDMOND ROAD Alderman Fletcher stated that he has received numerous complaints regarding the speed limits on South Redmond Road, noting that the speed limit drops from 35 miles per hour to 25 and then to 10. He stated that he could understand the drop to 10 miles per hour in the curve, but questioned if the 25-mile per hour sign could be removed. Mayor Swaim noted that one side of the road has 35 while the opposite side has 25, explaining that speeds are dropped as traffic nears the curve. He stated that the speed limits were established when the railroad tracks were in use, explaining that since that time the railroad tracks have been asphalted and the City could reevaluate conditions. SCHOOL BUS STOPS Alderman Fletcher proposed for safety reasons that the City schedule a meeting with the Transportation Department of the Pulaski County School District. He voiced concerns regarding situations of safety for bus stops being placed on heavy traffic roads and poor lighting, noting that with the impending time change children will be walking to their bus stops in the dark. Mayor Swaim offered to contact the Department regarding a possible meeting. FOI CLARIFICATION Alderman Sansing requested clarification, saying that it was his understanding a few years ago, that if three aldermen had a meeting the press needed to be notified. He then added that an Attorney General’s opinion followed saying that if two aldermen got together at a called meeting they were suppose to notify the press. He questioned the legal standing regarding FOI. Mayor Swaim clarified that there is an Attorney General’s opinion that if he meets with an aldermen and discusses an issue, it violates the Freedom of Information Act. He stated that he does not agree with that opinion, pointing out that under the opinion an alderman could not request information regarding an upcoming issue. Alderman Sansing asked for clarification regarding the FOI Act and meetings between city councilmen discussing city business. Mayor Swaim stated that the opinion would apply to that in the same manner. He related that it is the Attorney General’s opinion that it is a violation of the Freedom of Information. He related that it is not a court ruling, but an opinion, adding that would be the answer given by Municipal League. Alderman Sansing stated that to be on the safe side, if an alderman calls another alderman to meet, they should notify the press or possibly be in violation of FOI. He clarified that by “called meeting” he meant when an alderman calls another alderman and request a person-to-person meeting to discuss a specific issue. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 5, 2006 7:00 P.M. – 7:49 P.M. When questioned, City Attorney Bamburg clarified that the Attorney General’s opinion dates back almost 15 years to Winston Bryant. He related that there have been numerous parties that do not agree with that opinion. He stated that there have been cases addressing the FOI, but added that none of the cases specifically addresses the number of two. He stated that the distinction that is called upon is not whether it is a planned or incidental meeting, but the issues discussed and whether those issues will come before the council on a vote. He stated that the other distinction would be whether the vote would be on a public basis. He explained that if the FOI statute is taken as literally as Mr. Bryant’s office did, the press would have to be on 24-hour notice. He stated that the realistic plan would be to have discussion and activities of the council on voting items held in a public forum. He stated that press notification of council meetings ensure a public forum for council items. Alderman Sansing requested clarification regarding a council member having a meeting with another council member for the sole purpose of swaying that council member, questioning where does this fall. City Attorney Bamburg stated that it is a gray area of the law. Alderman Sansing stated that it would be better not to put yourself in that situation. APPOINTMENT(S): ANNOUNCEMENT(S): WING DING FESTIVAL Mayor Swaim announced that that the Wing Ding Festival will begin Saturday, 9:00 a.m. to 6:00 p.m. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:49 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer