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00 MAR 02.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 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 March 2, 2000 at the regular meeting place of the Council. Alderman Ray delivered the invocation and the Mayor led the standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, 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 E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, Finance Director Paul Mushrush, Finance Accountant Cheryl Erckel, Purchasing Agent C.J. Brown, City Engineer Duane Reel, CDBG Director Frank Rowland, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Lindy Lewis, Mrs. Edith Smith, Planning Commissioner John Hardwick, Deputy of Public Works Jimmy Oakley, Parks and Recreation Administration Manager Patty Walker, Mr. Thad Gray, Jacksonville Patriot Reporter Peggy Koury, 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 17, 2000 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 3 February 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE 1134 (#6-2000) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1200 LEMAC DRIVE, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Discussion ensued and City Engineer Reel related that he was unable to attend the Planning Commission meeting regarding the property located on the north side of Lemac Drive. Alderman Fletcher expressed concerns for growing density in the area regarding dangerous traffic considerations. Mayor Swaim related that the road in question is a State road, adding that there has been consideration for relocation of the end of Stanphill Road. Alderman Wilson was concerned that not all information regarding the rezoning was considered. Alderman Ray stated that the vote from the Planning Commission was not unanimous and that it is his understanding that there is a housing development planned for the north side of Lemac Drive and that the mobile home park on the south side of Lemac Drive will eventually also be developed for housing. Mayor Swaim clarified that the Council could pass or if voted down the rezoning could not be requested again for one-year or additional information could be requested from the Planning Commission. Alderman Lewis moved, seconded by Alderman Smith to refer the rezoning back to Planning Commission for additional information and consideration. Mr. Harold Crook said that the property was approved by the Planning Commission, adding that property on the south side of Lemac starting down Stanphill Road for one block was recently rezoned to R-4. He stated that he did not understand why the 2 property on the north side of Lemac could not be zoned R-4. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. Mayor Swaim explained considerations for the Council and time repercussions of a denial by City Council, adding that both bodies can reconsider if returned to the Planning Commission. Discussion ensued regarding use of the property as rental mobile home lots and consideration of a buffer zone. Questions regarding the zoning of surrounding property and how it fits into the Master Comprehensive Plan were discussed. Mr. Crook pointed out that there was no opposition to the rezoning during the Planning Commission public hearing. Planning Commissioner John Hardwick related that after the Planning Commission had approved the rezoning Mr. Crook left the meeting, adding that further discussion in the meeting centered on concerns regarding that a rezoning of property to R-4 must have at least three acres for a mobile home park as per Jacksonville Municipal Code. He stated that the property must be platted for a rezoning to R-4 regarding a mobile home subdivision (lots are sold), adding that the property is not large enough according to code to be rezoned for a mobile home park (lots are rented). Mr. Crook stated that he presented the Planning Commission with a sketch of the property to which Commissioner Hardwick responded that the Planning Commission did not address the property as a subdivision. Further discussion ensued regarding rental or sale of lots and the type of development for mobile homes. City Attorney Bamburg clarified that the only provision for granting a mobile home park (rental) under three acres would be addressed by the Planning Commission as a conditional use, which did not occur during the rezoning public hearing. Mayor Swaim questioned and clarified that legally approved as a mobile home park less than three acres would be in violation of City code. Mr. Rick Hollingshead of 1224 Stanphill Road pointed out that many 3 of the residents in the audience are in opposition to the rezoning. He explained that he intended to appear at the public hearing held by the Planning Commission but was not sure where the meeting was being held and eventually appeared too late to give input. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. stated that he agreed that it should be returned to the Planning Commission for clarification regarding terms. He then added concerns for the traffic situation that exist and asked for the opportunity to speak at the Planning Commission regarding the request. Mayor Swaim pointed out the proper posting and advertisement of the property, which provided the opportunity to oppose the rezoning at the scheduled public hearing. At this time, MOTION CARRIED. City Attorney Bamburg clarified that the item could be returned to the Planning Commission for additional information without further advertisement, adding that action regarding a rezoning of a different fashion would require a additional advertisement unless it is action to modify the previous rezoning. He further clarified that returning the zoning to R-3 will not require further advertisement. GENERAL: a. Policy Manual Update Human Resource Director Dennis Foor presented Council with a spreadsheet offering comparative information regarding vacation and sick leave from neighboring cities. He apologized saying that information regarding holidays was not available, but noted that Little Rock has eight (8) paid holidays and three (3) personal days. Alderman Wilson pointed out that the City of Jacksonville provides eleven (11) holidays plus birthday and that after five-years an employee also receives one (1) personal day and then two (2) personal days after ten-years. It was noted that three (3) personal days are offered after fifteen-years. Alderman Ray stated that the City of Jacksonville is represented well in the local labor supply area with a good benefit package regarding sick leave, vacation, and holiday pay. 4 Mayor Swaim related that sick leave is only part of the overall policy manual update being presented. Discussion ensued and it was pointed out that other cities did not provide further information regarding employee birthday or holidays. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. Alderman Wilson suggested further consideration of the information, adding that a fifteen-year employee should have some benefits beyond those of new hires. He then pointed out that a fifteen-year non-uniform employee receives 20 days of vacation, 15 holidays which is more than a month plus 20 sick days if needed as a large amount of time. Mayor Swaim related that there has been no change to the number of holidays or sick days in two past revisions of the manual but was discussed each time. He related that this is the best comparison in the general area and there are obvious differences. Pointing out one area regarding the number of accumulated hours that some cities allow in comparison to Jacksonville. Mr. Foor related that Conway in comparison only allows a maximum carry over of 480 hours in sick time, but allows their Fire Department employees to carry 720 hours over. He stated that there is a large disparity even within some cities depending on an employees duty and function. Alderman Twitty question the City’s policy which allows Police Department employees of 5-14 years to receive eighteen (18) days annually and Fire Department employees of the same numbered years to receive twenty-one (21) days. Mr. Foor explained that the Fire Department works 24 hour shifts meaning if a firefighter has a sick day it is equal to three days whereas if the Police take a sick day it is an eight-hour increment. Fletcher noted that the City of Jacksonville offers almost twice the sick leave as other cities. Alderman Ray stated that the City of Jacksonville has good benefits for good employees and he feels that it should not be changed. Mayor Swaim clarified that sick days and vacation for Police and 5 Fire are mandated by State Statute at 20 days of sick and 15 days of vacation for Police and Fire. He said that those benefits were extended to all employees a long time ago. He related that the Council has the option in State Statute to raise accumulated days from 60 to 90, which allows an employee to accumulate 720 hours of sick leave as opposed to 480 hours. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. then stated that he agrees in part with Alderman Ray regarding that the City claims a great benefit package but added that employees have said that the benefit package should never be considered along with the raise package. Alderman Elliott said that benefits are a part of salary consideration and are very important. He related that better benefits are helpful in a position decision if salary is not as high as desired. He stated that except for the allowable accumulated amount of time the policy is not out of line. It was noted that bereavement time of three (3) days annually is not accumulated time. Mr. Foor related that some of the other cities have incorporated bereavement time in with the sick leave. Discussion ensued and it was questioned what number of non- uniformed employees used more than ten (10) sick days last year. Mr. Foor offered to provide that information at the next regularly scheduled City Council meeting. In response to a question from Alderman Twitty, Mr. Foor related that an employee can accumulate 20 sick days per year up to the maximum of 720 hours (90 days) for carry over and can be paid for a maximum of 480 accumulated hours at the time of retirement. It was the general consensus of the Council to hear additional holiday information from surrounding cities and statistical data regarding the employees use of sick time in the previous year. b. ORDINANCE 1133 (#5-2000) ITINERANT MERCHANTS AND SOLICITORS Alderman Wilson reviewed that discussion thus far had suggested no change to non-profit organizations and to provide consideration for 6 product vendors. City Attorney Bamburg concurred that his understanding of the exemptions were religious non-profit, schools, and charitable organizations. Mayor Swaim reviewed the vendor list provided to Council regarding vendor frequency in the City of Jacksonville by some vendors operating in a door to door solicitation. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. Alderman Fletcher related that he is familiar with how government can interference in private lives and regulation of small business, adding that as an owner of two small businesses he understands not everyone can afford a storefront. He applauded efforts by small businesses that work rather than depend on the government to take care of them. He did agree that door to door solicitation needs to be addressed but related the need to be careful in allowing or disallowing certain solicitation in the City. He said that he is aware of appearance concerns of downtown regarding vendors who locate on the corner at Main, but stated that he personally is not aware of a big difference in the appearance either way. He asked for consideration and understanding in realizing that vendors are people trying to meet their obligation the same as everyone else. Mayor Swaim clarified that his understanding is that Alderman Fletcher has requested that opportunity for vendors to locate in the shopping center to sell goods, he questioned the issue of a fee to be charged. Alderman Fletcher stated that he did feel vendors should pay a fee to sell goods, adding that concerns over adverse conditions are coming from those vendors who do not apply for a permit. Discussion ensued to the comparison of those vendors who do not pay a fee for a solicitation permit as opposed to the privilege fee charged to local business. Alderman Twitty questioned charging elderly vendors selling produce. Other discussion ensued as to a possible location for vendors selling produce and the Chief of Police noted problems with other 7 un-permitted vendors advertising as operating on behalf of the City regarding the painting of house numbers on curbs. He then related other problems with vendors who locate in shopping centers on private property, but did not obtain permission from the owner to locate on that property. He agreed that for the most part the vendors who sell produce are the elderly who have a small crop, adding there are other vendors who are large growers that come to town regularly setting up stands with umbrella and tents. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. Mayor Swaim related that $68,000.00 is collected annual regarding local business privilege license, adding that currently this is not a profit situation for the City. He then stated that it is mostly a means to track those businesses located in the City. He then related that the possibility of some vendors who may not be legitimate vendors coming into town for the wrong reason, making citizens believe that they have permission to solicit. He stated that the Police Department needs to be aware of all vendors in the City because of burglary situations. He pointed out that as one lead the Police could then check recent solicitation from out of town groups that may have worked in that neighborhood. He spoke in support of a permit system and offered that large companies pay the fee for their solicitors. Alderman Fletcher suggested the use of plastic laminated badges for solicitors operating door to door. Alderman Smith pointed out that of the solicitors on the list provided for review there were only a few from within the City. Other discussion centered on the vendors group of Sigma Imports and the goods offered. Alderman Ray related that he has received feedback from business owners in the community who were opposed to those vendors locating on City street corners and offering the same merchandise as being offered by the local business community. He stated that he received strong views regarding competition issues. Alderman Elliott concurred adding that produce vendors should have a specific location to sell. Discussion ensued back and forth involving issues regarding a specific location for produce vendors with mention of the farmers market and consideration from local business owners regarding formation of the ordinance. Alderman Fletcher, Gentry, and Twitty agreed to serve along with City Attorney Bamburg and City Clerk Susan Davitt on an ordinance formation committee. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. c. RESOLUTION 528 (#4-2000) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, ARKANSAS, TO SIGN ALL NECESSARY DOCUMENTS FOR THE PURCHASE OF SEVENTY (70) ACRES OF UNIMPROVED REAL PROPERTY LOCATED ADJACENT TO DUPREE PARK, JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim related that the resolution will provide authority to purchase land in the Dupree Park area. He stated that a twenty (20) acre tract adjacent to the soccer field and bordering on Dupree Lake with City owned property on the south side is available. He then related that there is an additional fifty (50) acres in the Bayou Meto area that will be appropriate for use as nature trails and to preserve timberland within the City. Alderman Fletcher moved, seconded by Alderman Wilson to read Resolution 528. It was noted that Dupree Park consists of 150 acres and that the new purchase will add 70 acres. At this time MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of Resolution 528 in its entirety and reading only Section Two. MOTION CARRIED and City Attorney Bamburg read Section Two of Resolution 528. Mayor Swaim noted that a portion of the land for purchase is property involved in the Battle of Reed’s Bridge. Alderman Ray moved, seconded by Alderman Gentry to approve Resolution 528. MOTION CARRIED. Mayor Swaim recognized efforts regarding a current project to secure re-development funds for the Vertac property, adding that although the City is not the owner it has an opportunity to apply for a grant. He stated that the City of Jacksonville has received three grants regarding sidewalks and trails totaling funds of $299,758.00 in grant money largely due to efforts by Director of Administration Mr. Murice Green with help from City Engineer Reel 10 regarding the engineering aspects. He mentioned projects regarding CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 2, 2000 7:00 P.M. – 8:10 P.M. sidewalk construction from Trickey along Hwy 161 and a trails program slated for Dupree Park which will eventually be expanded to include a portion of the property authorized for purchase in Resolution 528. He related that the City has just been approved for a grant from the Highway Department for a sidewalk from the Community Center down Municipal Drive and along Redmond Road to Dupree Park. He commended those accomplishments. d. RESOLUTION 529 (#5-2000) A RESOLUTION EXPRESSING WILLINGNESS ON BEHALF OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL AID ENHANCEMENT MONIES; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Gentry to read Resolution 529. MOTION CARRIED and City Attorney Bamburg read Resolution 529 in its entirety. Mayor Swaim noted that the State Highway Department has required Resolution 529 before funds can be released for those projects. Alderman Elliott moved, seconded by Alderman Smith to approve Resolution 529. MOTION CARRIED. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:06 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 11 12