00 MAY 04.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 4, 2000
7:00 P.M. – 7:30 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 4, 2000 at the regular meeting place of the Council. Alderman Lewis delivered the invocation and
Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. 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, Finance Director Paul Mushrush, Purchasing
Agent C.J. Brown, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Deputy of Public Works Jimmy Oakley, Parks
and Recreation Administration Manager Patty Walker, Jacksonville Patriot Reporter, 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 April 20, 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 6 April 2000 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved, seconded by Alderman Howard to APPROVE the monthly Animal Control Report for April 2000.
Report reflects the following:
REVENUES……………………………………………$ 606.00
CONTRIBUTIONS………………………………$ .00
ADOPTIONS/FINES…………………………$ .00
TOTAL……………………………………………………$ 606.00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 4, 2000
7:00 P.M. – 7:30 P.M.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE, NAY (0). MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
WATER DEPARTMENT:
STREET DEPARTMENT: Final Payment Authorization regarding Loop Road and Linda Lane Construction Project
Mayor Swaim related that final City costs of $66,399.58 were received from the Highway Department April 13th and recommended payment from the Capital Improvements fund.
Alderman Elliott moved, seconded by Alderman Smith to authorize payment of $66,399.58 from the Capital Improvement budget in payment to the Arkansas Highway Department. MOTION CARRIED.
PARKS & RECREATION DEPARTMENT: Request to Accept bids for Playground Safety Surface
Mayor Swaim related that Federal law mandates playgrounds surface must be constructed with a soft material.
Parks and Recreation Director George Biggs related that the rubber surface has been placed in Pleasure Park and Fireman Park, adding that this is part of an on going effort for improvements
to the Parks. He then stated that the material would be added in Johnson and Marshall Smith Parks.
Mayor Swaim related that a local supplier’s equipment utilized in the past no longer meets specifications, which left the current playground project unusable. He then related that American
Rubber furnished the material but is not the low bidder. He pointed out that the project was started using American Rubber and for that reason the request is to finish with American
Rubber using that same material. He pointed out that there is only a small difference between the low and next to highest bidder.
Alderman Fletcher moved, seconded by Alderman Smith to reject the low bid and accept the next lowest bid from American Rubber in the amount of $10,240.00 in order to complete the project
using the same safety surface material. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 4, 2000
7:00 P.M. – 7:30 P.M.
Mayor Swaim noted a $300.00 difference in the two bids and related that six inches would be used for the safety surface.
GENERAL: a. ORDINANCE 1137 (#9-2000)
Mayor Swaim related that the item of business would be postponed pending preparation of further data for the ordinance.
ORDINANCE 1138 (#10-2000)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 18.76 (SIGNS); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Discussion ensued and it was noted that two ordinances are submitted for consideration. The first ordinance would accomplish sign placement for both churches and schools in public easements
and the second would rescind the ability for schools to have sign placement in public easements.
In response to a question from Alderman Smith, Mr. Murice Green related that when signs are placed in the public easements during the mowing season they become a problem for mowing crews.
He then related that signs have been placed too close to intersections, which interferes with traffic view.
Alderman Elliott related that there is further confusion over which is State or City rights-of-way.
Alderman Twitty noted that the schools would not advertise during the summer months when school was out of session, adding that the churches advertise less as well in the summer months.
Mayor Swaim noted that the original intent of the Planning Commission was to have the Engineering Department regulate placement regarding proximity to the curb. He pointed out that
Loop Road currently has signs placed adjacent to the curb which becomes a problem, adding that if approved by the Council, it is requested that the rules include placement far enough
back from the intersection or curb that it would not interfere with traffic view. He stated that the organization the permit is issued to would be responsible for correction if that
occurred.
Alderman Smith stated that given the problems experienced with sign placement in the rights-of-way, he feels that it should be prohibited for both organizations.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 4, 2000
7:00 P.M. – 7:30 P.M.
Alderman Smith moved, seconded by Alderman Wilson that Ordinance
1138 prohibiting sign placement by schools in public easements be placed on FIRST READING.
Mayor Swaim clarified that passage of Ordinance 1138 does not prohibit churches or schools from advertising with signs. Alderman Elliott concurred that signs must be eleven foot from
the curb, adding that it will not restrict areas with the owner’s permission.
Mayor Swaim clarified that churches or schools can still advertise with signs, however, they must not be placed in public easements.
Alderman Fletcher requested guidelines be provided to the organization when they are issued a permit.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Fletcher moved, seconded by Alderman Wilson to ACCEPT Ordinance 1138 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty and
Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Gentry moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1138 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Gentry moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1138 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry,
Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Gentry to APPROVE AND ADOPT Ordinance 1138 without an emergency clause. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson,
Fletcher, Twitty and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 4, 2000
7:00 P.M. – 7:30 P.M.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1138 THIS THE 4TH DAY OF MAY 2000.
GENERAL: a. RESOLUTION 530 (#6-2000)
A RESOLUTION OPPOSING AN ADDITIONAL MORATORIUM ON THE EXPLORATION AND APPLICATION OF SALES TAX TO E-COMMERCE TRANSACTIONS; AND, FOR OTHER PURPOSES.
Mayor Swaim related that Resolution 530 supports taxation of goods purchased on the Internet. He clarified that the resolution is not to tax internet access but provide for a local merchants
to compete with business’ that sell goods on the internet.
Alderman Elliott stated that the tax issue is a common misconception but clarified that it only places both local merchants and Internet business’ on an equal playing field. He pointed
out that for every tax dollar spent on the Internet, the City looses money for their fire, police and city services.
Alderman Elliott moved, seconded by Alderman Smith that Resolution 530 be read.
Mayor Swaim related that the Resolution is a recommendation to our congressional delegation, adding that the City does not have the authority to tax. He stated that it supports removal
of the moratorium when it expires, asking not to extend the same.
MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution.
Alderman Ray moved, seconded by Alderman Gentry to dispense with the reading of Resolution 530 in its entirety and only read Section One, Two, Three, Four and Five. MOTION CARRIED.
Alderman Gentry moved, seconded by Alderman Wilson to approve Resolution 530.
Alderman Wilson added that it is a fairness issue as opposed to a taxation issue, he stated that the City is not looking to collect additional taxes but providing that local merchants
be able to compete on an equal basis regarding internet commerce.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 4, 2000
7:00 P.M. – 7:30 P.M.
Mayor Swaim noted that the current moratorium will expires October 2001, adding that the Washington committee has not reached a consensus which allows congress to decide. He concurred
with Alderman Wilson that the Resolution provides protection for local merchants, adding that goods purchased from the Internet would carry the local tax rate.
Alderman Smith stated that purchases from the Internet are tremendous and that the trend will continue.
Mayor Swaim related that Internet purchases for October, November and December were 5.7 billion dollars.
MOTION CARRIED.
APPOINTMENTS: WASTEWATER REAPPOINTMENT
Alderman Wilson moved, seconded by Alderman Elliott to reappoint Mr. J.C. George to the Wastewater Commission for a term to expire 4/20/2005. MOTION CARRIED.
TRUCK PARKING:
In response to a comment from Alderman Smith, Mayor Swaim related that in talking with City Attorney Bamburg, information from the Jacksonville Municipal Code Book has been provided
which states that it is unlawful for any person to park a truck over ½ ton, trailer, house or cargo, on the street. He added that it does not address private land. He then related
that resolution efforts with the property owner are being conducted. He stated that if those efforts are unsuccessful, Council may want to consider ordinance amendment or modification.
Alderman Wilson pointed out that the present governing ordinance is in need of review and upgrade.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:30 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer