01 JUN 21.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 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 June 21, 2001 at the regular meeting place of
the Council. Alderman Ray delivered the invocation and Vice Mayor
Twitty led a standing audience in the “Pledge of Allegiance” to the
flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, and Howard answered roll call. Vice Mayor Twitty
also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT
(0).
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Melanie Green, Director of
Administration Murice Green, City Engineer Jay Whisker, Finance
Director Paul Mushrush, CDBG Director Theresa Watson, Police Chief
Hibbs, Fire Chief Vanderhoof, Parks and Recreation Director George
Biggs, Marketing Manager Annabelle Davis, Parks Assistant
Administrator Patty Walker, Athletic/Fitness Manager Paul Rector,
Aquatics Manager Diane Novotny, Parks Chairman Greg Bollen, Parks
Commissioner John Fortenbury, Mr. Tommy Bond, Mrs. Edith Smith,
Mrs. Lindy Lewis, Mrs. DeDe Hibbs, Mrs. Addie Gibson, interested
citizens and members of the press.
PUBLIC HEARING: PARKS AND RECREATION/SETTING RECREATINAL PRIORITIES
Vice Mayor Twitty opened the public hearing at approximately 7:02
p.m.
Parks and Recreation Commission Chairman Greg Bollen addressed the
Council regarding priority selection for matching funds, saying
that repairs of the Martin Street Pool have been before Council
annually and now the Commission would like to discuss the
possibility of renovating the pool. He reminded Council that
because of the age of the existing pool it has required extensive
repairs annually, adding that the bathhouse and bathrooms are
beginning to deteriorate and need major repair to the roof
structures. He stated that an estimate of $900,000 was given to
bring the facilities into code, adding that thought was given to
replacing the existing pool, making it more modern, user friendly
and more family oriented. He stated that the proposed renovation
would bring pride to the City. He related that like the Community
Center it would stand out and offer more use to the more citizens.
He stated that engineers have drawn the plans and the proposed
project is close to 2.2 million. He explained that several things
are proposed in the plan, pointing out that the area known as
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Pleasure Park would be remodeled. He said that the tennis courts
that are in disrepair and seldom used will be taken out. He
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
related that the pool will have options of slides, play toys,
playgrounds that can be seen at zero ground entry, which makes it
very friendly for families that have small children. He related
that the plan is sectioned into three different areas, adding that
the advantage of this is that you can keep the different groups
more separated. He explained problems with smaller children and
teenagers playing closely together in the current layout. He
stated that the other advantage is maintenance, adding that the
proposed facility will be better and easier to take care of long
term. He stated that it will help generate funds from entry fees
and slide fees to help support the expense. He stated that after
weighing the pros and cons it becomes more economical to replace
than repair. He related that the existing pool has been a
financial burden for the City and this is an opportunity to help
long term financially with the outdoor pool, adding that if the
City is going to be in the outdoor pool business then it should
have one that everyone can be proud of and happy to see.
In response to a question posed by Alderman Fletcher, Mr. Bollen
introduced Mr. Mizan Rahman, an Engineer from ETC Inc. to answer
specific questions regarding the pool. Chairman Bollen reviewed
the site plan highlighting the proposed changes and Engineer Rahman
pointed out that the location of the new pool would be moved some
to the west and north. Chairman Bollen stated that one advantage
to the neighborhood would be that the location of the new pool
would actually be further away than the existing pool creating a
better buffer from the neighbors. He stated that the design has
been fitted to save as many of the large trees as possible. He
related two trees will have to be taken out but as much of the
natural beauty will be preserved as possible.
Mr. Rahman stated that the bathhouses and bathroom would be new and
the proposal features an entry way for dropping off children. A
central area that creates an arrival environment with flags and a
fountain. He stated that the Park would become very prominent
rather than passive. He pointed out that the different segregated
activity areas would provide a park environment that caters to
different age groups. He stated that the total pool area would be
increased 20% and would feature three different pools. A shallow
pool that is approximately 2500 square feet of 0 depth, a five lane
swim area which is 3200 square feet and a plunge pool that is
approximately 1200 square feet featuring a slide. He stated that
by separating the pools you reduce costs by breaking out the
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system, adding that there are other mechanics that can reduce the
cost by building separate pools. He then pointed out that
maintenance will also be cheaper in the sense that if one pool goes
down, you still have the others going and it will be easier to take
care of instead of a big massive pool.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Alderman Wilson asked what type of construction is recommended and
how that differs from the existing facility.
Mr. Rahman replied that the existing pool is 30-years old and has
concrete walls. He related that pool construction has not changed
much except now gahnite would be used for the walls of the pool and
the floor would be concrete. He added that then plaster would be
used to cover, saying that plaster is better, superior to paint and
will last longer and give longer service.
In response to a question posed by Alderman Fletcher, Mr. Rahman
stated that the life expectancy of a concrete pool is about 30-
years, and the plaster coating should be redone every 10 to 15
years which is normal. He explained that hot and cold weather will
create fine cracks in the plaster coat over the concrete. He
further related that the decking has not yet been chosen, but he
envisions a concrete deck stamped or painted attractively.
Chairman Bollen stated that design features have not been chosen,
saying that the basic layout for the facility has been designed.
In response to a question from Alderman Sansing, Mr. Rahman related
that included in the 2.2 million estimated cost is the pools and
all support meaning all the buildings and the center circulation
system, a new parking lot; added that he was unsure how much of the
landscape in exact detail, but it would also include the gazebo,
the slide and some play toys that have not yet been chosen.
Discussion ensued regarding the success of a similar aquatic park
located in Siloam Springs and Mr. Fortenbury stated that the Siloam
Springs project was approximately 20% larger than the proposed park
for Martin Street. He then related that because the Siloam Springs
facility is located next to a school they have unlimited parking in
the summer. He praised the park, saying that it was well thought
out, pointing out that it features two slides and in his opinion is
a first class facility. He stated that he believes the pool will
generate enough income to pay the operating costs in the summer. He
also stated that the number of lifeguards required would hinder the
pool facility from actually profiting.
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Alderman Elliott questioned needs regarding additional staffing;
Aquatics Director Diane Novotny stated that currently there are
five lifeguards that rotate positions. She stated that they are
considering two additional lifeguards and a pool manager. She
pointed out that currently two to three daycare facilities utilize
the pool everyday, which is the limit current staffing can support
along with pool size. She related that last week no less than 200
children were in the water at one time.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Alderman Elliott questioned whether operation costs include
additional staffing.
Mr. Fortenbury stated that it would because they have an entry fee
that is reasonable but also charge an extra dollar for a bracelet
to go down the slide, which is where they really generate income.
Diane Novotny stated that the entry fees right now are $2.00 for
adults (13 and over) and $1.50 for a child. We are looking at
raising it to $4.00 per person with a $1.00 for the slide bands.
She pointed out that at $5.00 per person with 150 bathers you
invest 600 per day which would be about $18,000 dollars per month,
adding that pool revenue for the year 2000 is almost $9,000.
Alderman Smith stated that he is aware of the annual costs
regarding repairs to the existing pool, and the big price tag for
the project but appreciates the Commission’s work.
Mr. Fortenbury asked that the Council understand that time is
important regarding the Health Department.
Chairman Bollen explained that the pool facility was granted a one-
year extension without any improvements because the Health
Department knew they were looking into renovating. He then related
that the Health Department said that they cannot promise anything
for next year and so there is a sense of urgency to decide on
issues.
Alderman Howard confirmed with Chairman Bollen that the current
facility does not meet with ADA requirements.
Alderman Fletcher stated that he could see where residents outside
the City would come to Jacksonville to use the facility as with the
Community Center. He stated that what excites him about the
proposal is that it goes in line with his thoughts that the City
needs more things to attract younger families to the community. He
related that the City could take a lot of pride in this project for
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many years to come. He mentioned the advantage of being more
family oriented, adding that while the cost is high now it can only
get higher in time.
Vice Mayor Twitty asked for any comments from the audience
regarding the setting of recreational priorities.
In response to a question from an audience member, Diane Novonty
related that 200 is maximum and they expect to accommodate 300 to
350 with a 20% increase in pool area with consideration to the open
areas.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
In response to a comment regarding an increase from 2.2 to 2.4
million to help increase improvement, Chairman Bollen stated
raising the proposal from 2.2 million to 2.7 million would only
make it a more expensive prospect. He then stated that it is
smaller than the Siloam Springs operation but part of the reason is
the land area. He related that he does not want to build more pool
than parking will allow or sacrifice the greenery.
Mrs. Hudson questioned the buffer zone saying that there is an
existing problem with traffic on Braden Street, which was addressed
through fencing but still exists. She asked what type of buffer
zone would be offered between their property and the proposed
renovation.
Chairman Bollen said that it is another one of the areas like the
roof and decking where specifics have not yet been identified. He
stated that the buffer zone he was speaking about was regarding the
distance between the property lines, adding that the pool is
proposed to be further away from the location of the current pool.
She asked what provisions for drainage have been addressed.
Chairman Bollen related that the engineering for the drainage would
be totally new. Mr. Rahman concurred saying that the system will
be completely new, adding that all drainage concerns will be
addressed.
She asked if the volleyball court would be removed.
Chairman Bollen stated that the sand volleyball would be removed.
She questioned if the sand would be removed and filled because of a
perk problem regarding rain flow into her back yard.
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Chairman Bollen stated that the sand is located where the proposed
pool will be located and is included in the total costs. He then
addressed issues regarding the tennis courts, saying that there are
six tennis courts at the High School adding that there is a place
for two more behind the Boys Club. He then pointed out that the
tennis courts have not been used in so long that they are becoming
the same as the ones located on Martin Street. He stated that
there are still locations that can accommodate tennis courts should
the demand become more prominent.
She questioned additional staffing for supervision.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Diane Novonty replied that there is the same staff as always with
an adult manager on site. She stated that they have two adult
managers and there will be additional supervision. She stated that
the thought is to have a full time pool manager along with the
lifeguards.
Chairman Bollen stated that basically we are looking at two
additional staff members.
Mrs. Hudson pointed out that attendance is estimated to double.
Diane Novonty said that as far as staffing is concerned two more
lifeguards and a pool manager are needed; making a total of seven
lifeguards with a pool manger.
Chairman Bollen added that some of the specifics regarding staffing
would still have to be worked through.
Mrs. Hudson stated concerns for an ongoing traffic problem.
Chairman Bollen stated that the new approach area will be more
accessible and hopefully that will negate some of traffic problems.
He related that the current problem is with traffic coming through
from the other neighborhood, adding that he is unsure what could be
done to stop the kids from wanting to go through that area.
Discussion ensued regarding an easement on Gray Street that is
being used for traffic. It was noted that specific issue would be
addressed at a later date.
In response to a question from Alderman Stroud, Mr. Rahman stated
that the 2.2 million is an estimated cost, adding that it is not a
turnkey. He pointed out that there are still design elements and
the final costs estimate into the design process. He stated that
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it will then be bid and depending on the time frame he felt it
would not be more than 2.2 million.
Alderman Stroud commented on the Community Center featuring a pool,
gym, banquet rooms, parking lot, meeting rooms, racquetball courts,
and it was pointed out to him that costs were approximately 3.3
million.
Alderman Howard raised a question regarding the use of the current
facility for an additional season following the current season.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Diane Novonty addressed the issue saying that in 1998 the Health
Department told Parks and Recreation that regarding new pool
regulations the baby pool had to be put on its own separate
filtration system. She explained that the baby pool is on the big
system and has an eight-hour turnover rate, adding that the baby
pool should have a four-hour turnover rate. She stated that the
Health Department allowed operation for 1999, 2000, and 2001
regarding the old pool, adding that she is unsure about 2002. She
stated that the Health Department has seen the plans, so it would
be up to them regarding operation time. She related that there are
no problems with the baby pool, so hopefully they would give us the
2002 season.
Chairman Bollen responded to a question from Alderman Elliott,
saying that completion of the project would take 9 months depending
on the weather, adding that they would hope not to miss a season.
Vice Mayor Twitty asked for any additional comments, being none the
public hearing was closed at approximately 7:31 p.m.
RESOLUTION 551 (#11-2001)
A RESOLUTION DECLARING SUPPORT OF JACKSONVILLE PARKS AND RECREATION
DEPARTMENT’S APPLICATION FOR MATCHING FUNDS TO RENOVATE/REPLACE THE
OUTDOOR POOL IN PLEASURE PARK, JACKSONVILLE, ARKANSAS; AND, FOR
OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Stroud to read
Resolution 551 (#11-2001). MOTION CARRIED. Whereupon City
Attorney Bamburg READ the Resolution.
Alderman Wilson moved, seconded by Alderman Fletcher to dispense
with the reading of Resolution 551 (#11-2001) in its entirety.
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MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Ray to approve
Resolution 551. MOTION CARRIED.
Alderman Elliott stated that additional funding will need to be
discussed.
City Attorney Bamburg clarified that additional funding would need
to be addressed by the City Council explaining that the passage of
the resolution is in support of a commitment from the City Council
to match the tourism grant funds up to $250,000.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
PRESENTATION OF MINUTES:
Vice Mayor Twitty presented the minutes of the Regular City Council
Meeting of June 7, 2001 for approval and/or correction at the next
Regular 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 17 May 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray that the Regular
Monthly Report for April & May be APPROVED. April Report reflects;
Total Value of Reported Stolen Property $73,124.00, Total value of
Recovered Stolen Property $25,769.00, Total Report Sales $366.00.
May Report reflects; Total Value of Reported Stolen Property
$71,009.00, Total value of Recovered Stolen Property $10,553.00,
Total Report Sales $358.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the
Regular Monthly Report for May, which reflects a fire loss of
$13,300.00, and a Savings Total of $8,000.00.
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
Stroud, and Howard voted AYE. (0) voted NAY. MOTION CARRIED.
Alderman Stroud commented on the amount of calls handled on a daily
basis by the Police Department. Chief Hibbs confirmed that 89
calls per day would be an average.
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In response to a question from Alderman Howard, Chief Hibbs related
that Jackie Harper the Juvenile officer is retiring.
It was then noted that Battalion Chief Bill Plunk is also retiring
from the Fire Department.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: a. Request to Accept Bid for Track Excavator
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Director of Administration Murice Green stated that the
recommendation is for the low bid, pointing out that the Street
Department has the same piece of equipment now, which is
approximately 9 years old.
Alderman Ray moved, seconded by Alderman Wilson to accept the bid
from Rushing & Mason in the amount of $61,241.86 with funds to be
drawn from Budgeted Equipment Funds. MOTION CARRIED.
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: b. ORDINANCE 1154 (#8-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § § 8.04., 8.08.,
8.24., 8.26, 12.28., 18.38., AND 18.39., AND, FOR OTHER PURPOSES.
Alderman Stroud addressed the Ordinance saying that it had not
changed much from the last presentation and pointed out that the
executive summary detailed the provisions. He stated that he would
appreciate a good vote.
Alderman Fletcher moved, seconded by Alderman Smith that Ordinance
1154 be placed on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, 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 Ray moved, seconded by Alderman Stroud to dispense with
the reading of Ordinance 1154 in its entirety. ROLL CALL: Aldermen
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Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and
Howard voted AYE. NAY (0). Motion received nine (9) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Ray to approve
Ordinance 1154 on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Stroud to suspend the
rules and place Ordinance 1154 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Alderman Ray related praise for the Ordinance and was encouraged by
the constituents to vote in favor of the Ordinance.
Alderman Fletcher expressed support of the legislation, but pointed
out the need to be responsive to situations involving the older
population who may need outside help to meet code compliance.
City Engineer Whisker stated that he had referred one elderly lady
to CDBG for assistance, and suggested that any groups willing to
volunteer need to contact CDBG.
Alderman Fletcher moved, seconded by Alderman Stroud to further
suspend the rules and place Ordinance 1154 on THIRD AND FINAL
READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0). Motion
received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Fletcher moved, seconded by Alderman Ray to APPROVE AND
ADOPT Ordinance 1154. ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1154 THIS THE 21st DAY OF
JUNE 2001.
c. ORDINANCE 1155 (#9-01)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 5.50,
ESTABLISHING THE OPERATION OF A JACKSONVILLE FARMERS MARKET,
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DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Stroud stated that the committee is presenting this as
separate ordinances. He related the need to discourage merchants
from selling product prior to holidays. He related that the
farmers market is being presented separately and growth is
encouraged. He related the need to furnish a place, adding that he
feels the market will grow each year.
Alderman Ray moved, seconded by Alderman Smith that Ordinance 1155
be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted
AYE. NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg
read the Ordinance.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
Alderman Ray moved, seconded by Alderman Smith to dispense with the
reading of Ordinance 1155 in its entirety except for designated
highlights by the City Attorney. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED. City Attorney Bamburg
reviewed the location, restrictions and rules for operation.
Alderman Stroud moved, seconded by Alderman Wilson to approve
Ordinance 1155 on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the
rules and place Ordinance 1155 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson to further suspend
the rules and place Ordinance 1155 on THIRD AND FINAL READING. ROLL
CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, and Howard voted AYE. NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson to APPROVE AND
ADOPT Ordinance 1155. ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. NAY
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(0). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson that the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1155 THIS THE 21st DAY OF
JUNE 2001.
d. ORDINANCE 1156 (#10-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 5.16; MODIFYING
RULES AND REGULATIONS FOR ITINERANT MERCHANTS AND VENDORS IN THE
CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P.M. – 7:55 P.M.
City Attorney Bamburg related that the ordinance is presented as a
draft, asking to postpone final approval. He then explained that
there are some areas that could be handled more stringently if
desired by the City Council. He stated that in completing the
research it appears that courts are upholding particular
limitations for particular purposes regarding regulation or
restriction. He asked that the Committee meet to discuss those
options. He noted that total elimination of itinerate merchants is
a constitutional issue. He explained that restrictions in the
ordinance are designed to address public concerns regarding areas
and hours of operation, setting design and aesthetic controls as
well as banning sales at certain times and/or certain merchandise.
In response to a question from Alderman Wilson, City Attorney
Bamburg stated that fees must be reasonable and be similar to the
existing privilege tax system. He then pointed out that the
ordinance not only requires a privilege tax of $25.00 but also
requires $25.00 per day, per solicitor fee.
Alderman Wilson asked that the committee review fees, suggesting
that while fees should be reasonable they need to be higher than
fees charged to local business.
Alderman Stroud pointed out that section C of the ordinance allows
a company who has a privilege tax with another city to forgo
purchasing one from the City of Jacksonville. He stated that he
felt the stipulation should be removed and then requested that the
fee of $25.00 per day be raised to $50.00 per person, per day.
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Consensus was that the committee meet to discuss those issues.
Alderman Wilson moved, seconded by Alderman Ray to table the item
of business until the committee returns with further
recommendations. MOTION CARRIED.
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ANNOUNCEMENTS: City Hall will be closed July 4 Independence Day.
ADJOURNMENT:
Vice Mayor Twitty without objection adjourned the meeting at
approximately 7:55 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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