04 MAY 20.docCITY 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 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:
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.
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.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1227 THIS 20H 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.
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.
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 and place the FINAL PLAT of the Hayley Heights Subdivision on the May 20th 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 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,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer