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00 FEB 17.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 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 17, 2000 at the regular meeting place of the Council. Alderman Howard delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Wilson, Fletcher, Williamson, Twitty and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Lewis arrived at approximately 7:02 p.m. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, City Engineer Duane Reel, Replacing City Engineer Gary Buzbee, CDBG Director Frank Rowland, Purchasing Agent C.J. Brown, Parks and Recreation Director George Biggs, Parks and Recreation Public Relations Director Annabelle Davis, Parks and Recreation Administration Manager Patty Walker, Police Chief Hibbs, Fire Chief Vanderhoof, Deputy of Public Works Jimmy Oakley, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mr. Terry Sansing, Park and Recreation Commissioner Marcia Dornblaser, Ms. Tammy Fletcher, Mr. Harold Crook, Mrs. Addie Gibson, Mr. Tommy Dupree, Justice of the Peace Mr. Dennis Sobba, Leader Reporter Rick Kron, Democrat/Gazette Reporter Larry Ault, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of February 3, 2000 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 2 December 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Smith moved, seconded by Alderman Elliott that the Regular Monthly Report for January of the Jacksonville Police Department be 1 APPROVED. Said report reflects; Total Value of reported stolen Property $25,589.00, Total value of Recovered Stolen Property $8,882.00, and Total Report Sales $204.00. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Smith moved, seconded by Alderman Elliott to APPROVE the Report for January of the Jacksonville Fire Department, which reflects a fire loss of $164,610.00, and a Savings Total of $168,500.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Smith moved, seconded by Alderman Elliott to APPROVE the monthly Animal Control Report for January 2000. Report reflects the following: REVENUES……………………………………………..$ 498.00 CONTRIBUTIONS………………………………….$ .00 ADOPTIONS/FINES…………………………….$ .00 TOTAL……………………………………………………..$ 498.00 REGULAR MONTHLY REPORT/COMMUNITY DEVELOPMENT Alderman Smith moved, seconded by Alderman Elliott that the Regular Monthly Report for January 2000, of the Community Development Department be approved. Said report reflects: PROGRAM INQUIRIES: DECEMBER YR-TO-DATE Rehab ...........................................3 3 Home..............................................2 2 CDBG ............................................0 0 Sewer............................................2 0 HAG..............................................0 0 Home Buying......................................8 8 HOMEBUYER ASSISTANCE GRANT (HAG) Applications ....................................0 0 Approved ........................................0 0 Processed & Closed ..............................0 0 HOUSING REHAB APPLICATIONS Loan Applications (HOME).........................1 1 Grant Applications (CDBG)........................0 0 2 JOBS COMPLETED HOME Funded Rehabs ..............................0 0 CDBG Grant Rehabs ...............................0 0 CDBG Emergency Grants ...........................1 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. CDBG Sewer Grants ...............................1 1 City Sewer Loans ................................1 1 CDBG Handicap ...................................0 0 Warranty Repairs ................................0 0 Total ............................................ 4 HOME BLDG/BUYING/RECONSTRUCTION SALES Applications received ...........................5 5 Single family housing construction starts .......0 0 Homes built or re-constructed/completed .........2 2 Mortgage Loan applications pending financing ....4 4 Approved Mortgage loans for Const. Sales ........1 1 JBIP ACTIVITY Students enrolled in current classes ............18 18 Number of sessions held .........................6 6 Correspondence to new business ..................0 0 Applications taken ..............................18 18 Promotional presentations .......................7 7 Visits/Consultations with students ..............7 7 Student Grant/Loans .............................0 0 Graduates .......................................0 0 Graduate business starts ........................0 0 PUBLIC IMPROVEMENTS Construction started on the Sage Street project. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: 3 GENERAL: a. Request to Accept bid for Roll-in Blast Freezer Mayor Swaim related that the Elderly Activity Center participates in the meals on wheels program, adding that the meals must be frozen within a certain time to be approved by the Health Department. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. He related that funds will be drawn from set aside funds regarding the original bond issue to construct the building. He stated that those funds have been maintained for items at the Center. He related that a kitchen remodel will be proposed at a later date, which will eliminate that fund. Alderman Wilson moved, seconded by Alderman Williamson to Accept the low bid from AIMCO Wholesale in the amount of $11,924.18. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. b. Discussion of Ordinance 1133 (#5-2000) Mayor Swaim related that the City Attorney has reviewed the existing Ordinance and is requesting direction for Ordinance amendment. City Attorney Bamburg related that the itinerate merchants and privilege tax ordinance is in need of revision. He said that currently temporary solicitors are registered and permitted for one week at no charge. He related that there have been complaints to Code Enforcement, the Chamber of Commerce and the Police Department regarding solicitation outside the hours allowed under the current Ordinance, which is 6:00 a.m. to 6:00 p.m. He pointed out that solicitors may be in direct competition with local business that pay a privilege tax fee. He related that other cities charge a fee which varies for a temporary solicitors permit for varied times. He further related that some cities do not allow solicitors or itinerate merchant activity and which is enforced by the Police Department. He related that Sherwood provides a list to registered solicitors, which carries a fine of $25.00 if any home on the list is solicited. He stated that North Little Rock charges $25.00 for a permit in a time range depending on the type of solicitation. He questioned if the solicitor should be placed on equal footing with business owners in town who pay an annual privilege tax. He related that the other issue to be addressed in the ordinance is 4 the marked difference in how cities handle their privilege taxes. He related that while this is not a significant financial gain for cities it is a means of tracking business located within the City. He related that the current business groupings were created in the 60’s and need to be updated. He stated that Little Rock sets groupings by category that primarily follows their zoning classifications, and that their fee structure is rated by that category such as manufacturing, industry, retail, quiet business, etc. He stated that North Little Rock is similar to Little Rock without it being tied specifically to zoning. They have business classifications regarding size such as large merchants and smaller CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. merchants. He stated that the professional service category is divided into sub-categories depending on the nature of the business. He cited for example CPAs and Attorneys are grouped into a category while medical is another. Mayor Swaim invited Chief Hibbs for comment. Chief Hibbs related that they have received complaints from local business regarding merchants who sell from parking lots, which is currently against the ordinance and he requested that it remain against the law on behalf of local business. He related difficulty with door to door vendors regarding the painting of house numbers on curbs. He stated that these vendors have represented themselves to be operating on behalf of the City, which is mis-leading for the citizens. Mayor Swaim pointed out that these vendors inform citizens that if they are not notified that the resident does not want the service they will paint the numbers and then charge for later collection. In response to a question from Alderman Smith, City Attorney Bamburg related that most cities begin solicitation at 8:00 a.m. In response to a question from Alderman Wilson, City Attorney Bamburg related that solicitors sell everything from magazine subscriptions to meats, fruits, books and street corner merchants sell a variety of merchandise. He related that during the summer there are many vegetable and fruit vendors by the roadside. He then pointed out that other cities have provisions for exemption regarding school groups, religious, political, or non-profit 5 organizations Discussion ensued and Mayor Swaim related that Code Enforcement has requested a requirement for a tax I.D. number. Mayor Swaim related an incident involving a lawsuit against the City regarding the solicitation of funds by religious organizations that sued and were then allowed to resume solicitation because of their religious non-profit affiliation. He related that this is not the same as door to door solicitation inviting people to attend church but was a solicitation for funds. He requested further input for the Ordinance. Discussion ensued and Mayor Swaim discouraged school children soliciting for their school without parental supervision because of safety issues. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. Alderman Wilson commented that his understanding is that the only solicitation that might be missed in the community is the fresh vegetables and fruit vendors. Discussion ensued regarding the local farmers market held last year and the permission requirement from property owners for a vegetable/fruit vendor to sell from the roadside. Community Development Director Frank Rowland related that vendors for the Farmers Market were registered but not charged a fee to participate. He related that the farmers market in Little Rock charged a $125.00 fee which priced the small farmer out, leaving only big growers who shipped produce from another state to sale. He related that the Jacksonville farmers market had permission from the property owners of the Knights shopping center and arranged efforts so as not to conflict with other business. He stated that Knights grocery was not opposed to the farmers market. He said he felt the farmers market should be allowed during the summer months if structured with adherence to property rights and registration controls. He related that the farmers market began at 6:00 a.m. every Saturday from June to September. Alderman Gentry stated that he is not opposed to vendors who sell 6 items other than produce if they are charged a fee, respect property owners and are legal. Alderman Wilson stated that he is not in support of vendors on Main Street selling T-shirts and similar merchandise. Alderman Williamson concurred, stating that local business offers the same merchandise and that the City does not benefit in sales tax revenue from roadside vendors. He further stated that he is not in favor of those vendors even if a permit fee is collected. Alderman Wilson and other Alderman raised concerns from an appearance standpoint, mentioning the vendor at the corner of Main and James Street. Other discussion ensued and it was the general consensus that vegetable/fruit vendors be allowed a certain area for setup. Alderman Fletcher expressed support of local business and concern for betterment of the downtown area and the number of empty buildings. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. Mayor Swaim related that the Chamber of Commerce works very hard promoting new business in town and is a focus for the new business incubator program. He stated that at least six graduates have opened businesses in some of the vacant buildings. He related that part of the downtown area problem is a destination location, adding that Knights grocery is the largest retailer of the area. He related that the Downtown Organization is working on solutions, adding that there is a real need to promote Jacksonville as a good place to come for shopping and other reasons. Alderman Wilson requested a list of solicitors for review. Mayor Swaim related difficulty regarding solicitors who object to registering at City Hall and other concerns were voiced regarding solicitors who do not obtain a permit before they begin. City Attorney Bamburg related that when solicitors are cited into court they plead not guilty and are scheduled for court but leave 7 the State and do not make their court appearance and that a failure to appear warrant is only effective within the State. He related that on those occasions when they do appear it turns out to be a local college student that was not informed by the company of any permit requirements before soliciting. Mayor Swaim related that the amendment ordinance requires extensive consideration, asking the Council for suggestions regarding moving forward. It was the consensus of the Council to review the solicitation list for further recommendation to the City Attorney at the next regularly scheduled City Council meeting. c. POLICY MANUAL UPDATE In response to a question from Alderman Wilson, Mayor Swaim related that in observation, there are cases of sick leave abuse and changes were discussed regarding the notification of sick leave. He stated that after two days of sick leave the employee is required to present a doctor’s note for the third day of absence. He stated that the policy might be too lenient, but added that there have been suspensions regarding abuse of sick leave. He further related that the City has a very liberal sick leave policy that allows employees to accumulate 720 hrs. of sick leave at 20 days annually. He then related that there are standard procedures to monitor sick leave such as an employee who is habitually absent on Monday or Friday or days before or after a holiday. He cited problems with employees who were absent the day after payday, adding that for a period of time that department’s payday was postponed by one day. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. Alderman Wilson questioned the option of paid time off. He explained that an employee builds time and if unused it can be taken in pay or used for illness. He related that sometimes an employee regards their sick leave as part of their annual leave, adding that sick leave is not designed for that. Mayor Swaim related that the City policy enforces sick time as being strictly for an employee only. He stated that he was unaware of any municipality that gives sick and annual leave combined, adding that part of the reason is that uniformed departments have specific vacation requirements by State statute. He related that over the years those policies have been adopted for non-uniform 8 departments as well. Human Resource Director Dennis Foor stated that the City is extremely benevolent regarding sick leave, adding that comparatively, other than uniform which is by statute, we far exceed the normal requirement. He related that most give twelve days annually. He related that a Montana municipality has the policy that if an employee does not use their sick leave then they can earn a maximum of three or four extra days of vacation in lieu of sick time. Alderman Wilson offered that there are plans for paid unused sick or annual leave which is an incentive for employees to stay on the job more. Mayor Swaim related that a program of that type was offered in the past and it was found that the same employees who abused sick leave did so anyway. He stated that it rewarded those who came to work and did not use sick leave. He related that the program was tried for two years and was not successful at the time. Mayor Swaim stated that there is much stronger controls regarding sick leave than before and there has been less abuse of sick leave than in the past. He also cautioned that the intent is not to encourage employees to report to work who are sick and spread illness in the office. Alderman Fletcher suggested that a program which pays for sick time in smaller increments such as per pay period might be more successful. He explained that sometimes it is hard to determine that far in the future but two weeks at a time is more conceivable, adding that the program might pay for itself. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. Mayor Swaim related that it would need to be assessed and explained that normally, other than Police and Fire, personnel are not brought in to fill absent slots thus there is not a case of double pay. He then related that in the cases of overtime it could be easy to measure. 9 Mr. Foor added that he felt there to be a good handle on the abuse of sick leave which is monitored each pay period with print outs that determine exactly what employee is taking off and when. He stated that there is some abuse but there will always be some, adding that progress has been made. Mayor Swaim briefly covered the areas of change including the Family Medical Leave Act directed by statute and the drug free work place policy. Alderman Howard offered the policy he was familiar with at the Post Office, saying that their policy is the same as the City in that on the third day of illness you must bring in a doctor’s note. He then added that if it is decided that an employee is using too much sick leave then they are placed on restrictive sick leave which requires a doctor’s note every time an employee is absent on sick leave. He also related that left over sick leave is added to the employee’s retirement. Mayor Swaim related that a similar policy could be considered such as an employee be required to bring in a doctor’s note after one day of sick leave. He then stated that he did not want anyone to misunderstand, stating that the City does not have ramped misuse of sick leave. He said that the majority of employees follow the rules and procedures but with 250 employees plus part time employees there will always be some misuse. He stated that regarding conversion of sick leave, State statute allows Police and Fire to convert 60 days to pay and was adopted many years ago for non- uniformed employees. Alderman Wilson suggested that Council be given an opportunity to look more closely at the annual and sick leave issues for the next meeting and then consider the ordinance at the meeting following. Mayor Swaim related that additional information will be available at the next regularly scheduled City Council meeting. APPOINTMENTS: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. ANNOUNCEMENTS: 10 Mr. Dennis Sobba updated the Council regarding the “Nora Harris lawsuit” against Pulaski County which has been sent back to the Circuit Courts from the State Supreme Court. It was noted that the lawsuit deals with the 1996 property reappraisal. He stated that it could be very costly to the County and School Districts. He said that the County is setting aside funds in the event it goes through. Mayor Swaim related that the City of Jacksonville as a municipality does not access any real or personal property taxes for operation. He related that it will, however, affect individuals. He stated that the Police and Fire have a one-mill assessment that might also be affected. He stated that it may cause personal taxes to fluctuate. Discussion ensued as to the basis of the lawsuit regarding how the reassessment was conducted. ANNUAL ROAST AT THE SENIOR CITIZEN CENTER Alderman Howard reminded that the Annual Roast will be held in one week at the Senior Citizen Center in honor of Bobby Lester. Tickets are still available. Duane Reel introduced newly hired City Engineer Gary Buzbee and Murice Green introduced newly hired Systems Administrator James Spakes. Mayor Swaim announced that City Hall will be closed Monday February st 21 for Presidents Day. TRAFFIC/JAMES STREET BRIDGE Discussion ensued as to traffic considerations for the James Street Bridge and the possibility of a turn lane for northbound traffic onto John Harden. Mayor Swaim related that after measurements, a proposal was made to the Highway Department that was rejected. He said that the Highway department determined that there was not enough width for a turn lane. Mayor Swaim related that he has observed the traffic congestion at different times in the evening following close of the work day and has noted that the most congested traffic is at the exit ramp of Vandenberg regarding the two lights on either side of Vandenberg. He related that synchronization of the lights is being solved. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2000 7:00 P.M. - 8:10 P.M. Discussion ensued and it was determined that most of the congested is a result of traffic moving toward Northeastern, Northwood Acres, and Foxwood. Mayor Swaim related that the Highway Department offered a long time ago to build an exit ramp past Vandenberg for $420,000.00, adding that at the time the City did not have the funds. He commented that the price would probably be double now given the amount of time that has passed since their offer. It was remarked that the new Wal-Mart Supercenter has generated less traffic than originally thought. Concerns were mentioned again regarding the James Street Bridge and Mayor Swaim related that options could be considered but also mentioned that changes in the allocation of Highway funds will limit some possibilities. He related that unless it is a regional arterial network street, cities will not be able to use the TIP funds. He stated that since Highway funds have been changed, Jacksonville will only be able to use its allocated funds of $89,000.00 annually. In comparison and overall, Mayor Swaim complimented the traffic situation for the City of Jacksonville. Alderman Howard submitted Marshall Road for the list of street striping for the following year. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:43 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 12 13