Loading...
07 FEB 15.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 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 February 15, 2007 at the regular meeting place of the Council. Mayor Swaim delivered the invocation and Alderman Howard led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, 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 Linda Dulaney, Finance Director Paul Mushrush, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Representing Engineer Jay Whisker, Mr. Bob Williams, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Addie Gibson, Mr. Brian Boroughs, Mr. Joey Price, Mrs. Tammy Tompkins, Mr. Larry Smith, Mr. Alfonso Nations, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of February 1, 2007 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 Ray that the minutes of the Regular City Council Meeting of 18 January 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2007. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 27 Building Inspections 86 Business License 22 HVACR 55 Electrical 85 Plumbing 65 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 36 Property Mowed 0 Towed 1 Trash Letters 281 CONDEMNATIONS Trash Removal 4 Structural Maint. Letters 0 Property Maint. Letters 9 Structural Repairs Made 0 Costs $ 201.29 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2007. Said report reflects the Total Value of Reported Stolen Property $63,832. Total Value of Recovered Stolen Property $23,318 and Total Report Sales $898. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2007 from the Jacksonville Fire Department, which reflects a fire loss of $0.00 and a savings total of $0.00. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: ORDINANCE 1304 (#3-07) AN ORDINANCE AMENDING JMC § 5.24; REQUIRING ELECTRONIC RECORDS BY OWNERS AND OPERATORS OF PAWNSHOPS, PAWNBROKERS, AND DEALERS IN SECOND-HAND GOODS DOING BUSINESS IN THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1304 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1304. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1304 be APPROVED on FIRST READING. Chief Baker related that the program consist of an online website called “Leads on-line”, adding that most of the surrounding cities and counties are participating. He explained that pawnshops and second-hand stores would enter the data into the database website instead of written records, which are collected weekly by the Police Department. He stated that this provides police with an instant record of items pawned at any of the locations. He added that it also provides police with a database for name searches regarding items pawned throughout the State and surrounding states. He stated that the program covers over 1,600 agencies and 2,500 pawnshops currently. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1304 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted 2 AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1304. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 P.M. Alderman Stroud moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1304 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1304. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1304 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1304 THIS 15 DAY OF FEBRUARY 2007. STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Hearing regarding ORDINANCE 1302 (#1-07) AN ORDINANCE TO ESTABLISH AND LAY OFF THE CITY OF JACKSONVILLE MUNICIPAL MULTIPURPOSE PROPERTY OWNERS’ IMPROVEMENT DISTRICT, NO. FOUR (THE MEADOWS MUNICIPAL PROPERTY OWNERS’ IMPROVEMENT DISTRICT); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim opened the hearing at approximately 7:07 p.m. Mr. Brian Boroughs stated that the request is being made to set off this parcel for an improvement district because the topography of the property will not allow it to sewer conventionally. Explaining that an alternative grinder pump sewer system will have to be used that currently, Jacksonville Wastewater does not accept. He further explained that Wastewater Utility will accept the sewer from the system but added that in order to fund this sewer system it would have to be managed, operation and maintenance through an improvement district. He stated that his company does not own the property, explaining that the current owners, the Price’s have made the petition to request the improvement district be established as part of the terms of their agreement. He concluded this as the reason for the request before the City Council. Alderman Stroud noted that in section one of the Ordinance it names all types of improvements, mentioning landscaping, adequate trenching, excavation, grading, erosion control, roads, and streets. He then questioned how those improvements would be paid for. Mr. Boroughs stated that for the short run of the project it would be financed conventionally, adding that bonds would be sold for the improvement district for those improvements and those bonds would be 3 reimbursable by the proceeds from lot sales. He then added that there would be a remaining balance on the bonds that would be long-term carry for the owners of the property within the Subdivision, which would be paid through their County tax bill to reimburse those improvements. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 P.M. Alderman Stroud expressed his misunderstanding for this type of improvement district. Mayor Swaim offered that normally an improvement district is established for water or sewer, adding that he has never known of an improvement district in the City of Jacksonville that included streets, curbs and gutter. He stated that if the developer does not incur these development costs then the homeowner ends up with a significant situation on the purchased lot. He stated that he would not see a problem approving an improvement district for the sewer regarding the grinder pumps, but added that he feels there is a problem approving one that includes streets, drainage etc. He questioned if approved what would prevent every other developer in town from establishing the same types of improvement districts if everything is paid for from the improvement district. He stated that his fear is the City would be opening itself up for every developer wanting to establish an improvement district to pay for all development improvements. Mr. Boroughs stated that the reason for the district is obviously for the sewer improvements and that is where the long-term operation and maintenance of the district, which is the remaining balance left. He related that one of the reasons that they are having to pay for some of the other improvements through the district has to do with bank position, explaining that an improvement district is number one when it comes to the financing. He stated that a bank’s loan would effectively be second to an improvement district in terms of status. He continued saying that if the improvement district is number one and the bank is number two, the bank has difficulty being number two. He stated that the reason they are having to do that, they have looked at the structure of having paid for some improvements through the district, which is typical. He stated that typically these are off-site improvements, in this case they are on-site improvements. He added that because they are on-site improvements the land, easements and right-of-ways; begins to be a mix-up as to who has priority on them. He continued that in order to do that they have to put – we are paying for all the improvements conventionally, but the grinder pump stations will not be installed, which is the main reason for the operations and maintenance, until the house is built and ready to be tied onto the City system. He stated that this is a down stream issue, adding that the way they handle that is to sell bonds at the end point of construction. He stated that he could provide the City Council with numbers, explaining that the bonds are sold at the end point to release the bank and then the bank is in first position through the construction phase. He stated that they sell bonds, which pays the bank off so that there is no carry for that development and put it into the district, and then the district will act as a development loan because it is in number 4 one position. He continued that when the lots sell there would be a lump sum reimbursement to the district leaving the remaining balance that they would have started with to begin with. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 P.M. Alderman Smith concurred that he has not observed this type of district being proposed in the past, asking if City Attorney Bamburg is aware of these types of districts. City Attorney Bamburg stated that State Statute allows improvement districts to pay for all of the items listed in section one of the Ordinance. He clarified that the only improvement districts that Jacksonville has had in the past have been limited to single purpose sewer systems, adding that one included some improvements to common areas. He stated that this is the first improvement district proposed with this broad of a scope. In response to a question posed by Alderman Smith, Mr. Boroughs clarified that if there were a future problem with the streets it would be the responsibility of the improvement district. Alderman Elliott stated that personally he does not agree with improvement districts inside the City, recognizing there has had to be some established for water and sewer but added that anytime residents have problems with the streets they would come to the City for solutions. He expressed reservation in setting precedence. Mr. Boroughs stated that he could understand the Council’s concern, explaining that the warranty for the streets, storm drains, and utilities is the same and applies. He stated that would be the development company’s warranty to the City in order for the City to accept those improvements. He stated that the improvement district would be the vehicle to handle long-term maintenance and concerns. He stated that with a typical subdivision of this size there is nothing that stretches beyond a 12-month period, adding that in this case there is a vehicle in place to handle those concerns long-term. He stated that the Statute to assign commissioners – which they would be the commissioners early on and that the reassignment of those commissioners has to come through the City Council. He stated that the vehicle is a long-term deal and the City Council manages and oversees that. In response to a question posed by Alderman Stroud, Mr. Boroughs concurred that eventually in the development process the City would assume maintenance of the streets but would not be responsible for the sewer system. Alderman Stroud then questioned how the proceeds from lot sales would be proportioned toward the debt. Mr. Boroughs stated that the structure would be addressed by the bond house as to the sale and how the bond would be reimbursed. He then concurred with Alderman Stroud’s statement that it would be predicated on the total costs of the 5 infrastructure less the sewer system. He then stated that while he understands the concept he still has concerns. Alderman Ray stated that while the concept is understood, there are reservations for setting precedence for this type of improvement district, noting that other developers in the City are currently handling their own financing for projects. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 P.M. Alderman Sansing stated that the document is too broad in scope and sets too strong a precedent, adding that the City is accustom to bond issues for water and sewer districts. He stated that because of the broadness in scope he is not personally comfortable with the concept. Mr. Boroughs stated that the Ordinance was written in complete compliance with the Statute, adding that State law allows this fully; there is nothing illegal or immoral to this. He stated that while he understands the Council’s concern they have followed the Statute to the letter. He then introduced his attorney Mr. David Orsini. Alderman Elliott stated that while it is definitely legal, the City Council does not have to accept the improvement district into the City of Jacksonville. He added that his concern would be accepting all these improvements instead of a single purpose improvement district. Mr. David Orsini directed the City Council to clarify with City Attorney Bamburg. City Attorney Bamburg reinforced that the City Council does have the right to pass or deny the Ordinance. He stated that while the Statute may allow for all the improvements listed it does not require those improvements be included. He continued that the City Council maintains the authority as a body within the scope of the law to vote pass or deny. Mr. Orsini stated that if you read the Statute the way he reads it, it allows for everything the way the developer has done. He stated that it was made as broad as it was at the request of the bank who did not want to have a number two priority. He stated that the bank is not willing to loan money and be number two. He added that even if the bank starts off as number one, the minute the bonds are issued for the improvement district they become number two. He stated that if you want an improvement district like this, you have to go with what the local financial institutions require. He stated that if he understands the Statute, as long as the petition is in good order regarding its requirements, there is very little discretion on the part of the governing body and the governing body in this case happens to be this Council to approve or disapprove. He continued that unless there is some defect in the proposal he does not believe the City Council has the right to actually turn the project down. City Attorney Bamburg stated that he would respectfully disagree with 6 that observation. Alderman Ray moved, seconded by Alderman Stroud to table the Ordinance pending a fuller understanding of the improvement district and its consequences. Alderman Twitty offered further comment and Mayor Swaim noted that at present the motion to table is not debatable. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 15, 2007 7:00 P.M. – 7:26 P.M. At this time, MOTION CARRIED unanimously. Alderman Twitty clarified and discussion ensued as to the validity of City Council’s authority to approve or disapprove according to State Statute. Mayor Swaim offered to recognize the property owners to speak, and Mr. Joey Price declined to present. Mayor Swaim noted that the item of business would return on the regularly scheduled City Council agenda of March 1, 2007. b. Review of dimensional requirements for mobile home parks Mayor Swaim noted that the review regarding mobile home parks has been requested for removal by those parties who had expressed interest. c. Set public hearing to abandon public right-of-way for Library property Mayor Swaim noted that there is an ally through the property owned by the City on both sides of the property. He asked that the City Council set a public hearing for 7:15 on March 1, 2007. Alderman Elliott moved, seconded by Alderman Ray to set a public hearing at 7:15 p.m. on March 1, 2007 to consider abandoning a public right-of- way on property located at 703 West Main Street. MOTION CARRIED. APPOINTMENT(S): PLANNING COMMISSION APPOINTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the appointment of Alderman Bill Howard to the Planning Commission for a term to expire 1/1/2010. MOTION CARRIED. ANNOUNCEMENT(S): Alderman Ray announced that the Senior Citizen’s Annual Roast would be held next Thursday at 7:00 p.m. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:26 p.m. MOTION CARRIED. Respectfully, 7 ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8