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03 FEB 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 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 6, 2003 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, 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 Bobby Bamburg, Deputy Clerk Teresa Carter, Director of Administration Murice Green, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Wastewater Commission Chairman Joan Zumwalt, Planning Commission Chairman Art Brannen, Planning Commissioner Chad Young, Chamber of Commerce Director Bonita Rownd, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Edith Smith, Mr. Ben Rice, Mr. Jack Danielson, Justice of the Peace Dennis Sobba, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of January 16, 2003 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 Ray that the minutes of the Regular City Council Meeting of 2 January 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2003. Said report reflects: ADOPTION/FINES: $506.00 CONTRIBUTIONS: $ 0.00 TOTAL: $506.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2003. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 24 Building Inspections 55 Business License 14 HVACR 30 Electrical 77 Plumbing 64 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 11 Property Mowed 0 Towed 0 Trash Letters 24 Trash Removal 0 CONDEMNATIONS Cost for January $ .00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: Request to Accept Bid Plumbing/Dupree Park Concession Parks and Recreation Director George Biggs related that he was satisfied with the low bid, pointing out that Southern Plumbing has performed work for the City regarding the Animal Shelter. It was noted that the bid does meet with specifications. Alderman Stroud moved, seconded by Alderman Wilson to accept the low bid from Southern Plumbing in the amount of $11,300.00 from budgeted funds from the Parks Department. MOTION CARRIED. PLANNING COMMISSION: GENERAL: a. Discussion of Hotel/Motel Tax Alderman Smith stated that he has offered for discussion a proposed Hotel/Motel Tax. He stated that this would not be a tax regarding food, but only for lodging. He stated that according to State law the City has the authority to impose up to 3% regarding this type of tax. He stated that a 2% tax is being proposed, adding that it would leave 1% available for future considerations. He stated that this would not affect the 3% allowable to be imposed by State law regarding a food tax. He pointed out the inclusion of information from Mr. Ben Rice, signatures from six area motels that have agreed to the tax and a statement from the Department of Finance and Administration regarding estimated funds collection for 2000 and 2001. He related that in 2001 it was estimated that a 2% Motel/Hotel tax would have generated $48,575.00 in revenues and $61,713.00 in 2000. He went on to explain that there is not many entities in the City to draw tourism, pointing out that the tax could be used for several purposes. He related that the ordinance proposes the 2 creation of a seven (7) member Advertising and Promotional Commission CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. that would handle funds disbursement. He pointed out that the City contracts with the Senior Center, Boys and Girls Club, and the Chamber of Commerce; saying that these are some of the entities that could benefit from the tax. He stated that he would hope the largest percent would go toward the Museum, adding that he feels it would be a plus for the City. He addressed provision in the Ordinance, pointing out that hotels, motels, beds & breakfast would be taxed or any accommodation less than 30 days. He said that the Ordinance would create the Jacksonville Advertising and Promotions Commission to administer funds. He related that provision 3.06.010 addresses the responsible tax entities, adding that 3.06.020 provides that funds can be used for advertisement, improvement, development, maintenance, construction, operation, equipment, promotional, and renovation. He then pointed out that a portion of the funds could be used to retire bond issues and the establishment and operation of tourist facilities. He asked Council to review the Ordinance, adding that changes could be considered. He went on to say that Section Three addresses the tax payment, Section Four addresses penalties, and Section Five addresses set-up of the Commission. He related that the Commission is proposed to have seven (7) members chosen by the City Council, adding that four members would be residents who are owners or managers of businesses/entities in the tourism industry who shall serve staggered four (4) year terms, one (1) resident from the public at large to serve a four (4) year term, and two (2) members from the City Council to serve two (2) year terms. He discussed options for the City Council appointments, saying that he has known of occasions where the Mayor is chosen as one of the City Council members or as the member at large. He stated the need to choose responsible members regarding the authority of disbursement of funds in percentages. He stated that he believes the museum is a worthwhile project and would not have a problem with all funds going to that endeavor, adding that there may be other sentiments regarding other projects. He stated these are options for discussion. Mr. Ben Rice expressed appreciation to Alderman Smith, and began relating twenty-year efforts to establish the museum. He then noted that efforts to establish the separate school district as being on going for approximately twenty-four years. He stated that in the past few months the museum is much closer to becoming a reality; pointing out that the purchase of the Colonial Plaza with plans to renovate and expand to a total of 15,000 square feet. He related that the name chosen is the Jacksonville Museum of Military History, to be devoted to all military aspects relating to Jacksonville such as the Ordinance Plant, Little Rock Air Force Base, the Civil War, and first settler Major Jacob Gray who has a Revolutionary War background. He projected that the museum would attract tourist, pointing out its interest to a lot of people such as classes from the schools. He pointed out that the success of the museum 3 would be related to its promotion, adding that the Advertising and Promotional Commission could address that issue. He stated that this would be a positive step for the City, encouraging the Council to return with favorable consideration. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. Discussion ensued regarding clarification that the City Council is the entity to appoint all members of the Commission. It was noted that ACA § 26-75-605 and other applicable State Statute(s) provides authority to the City Council to appoint all members regarding this type of Commission. Alderman Fletcher expressed concerns for timing of the project, pointing out that it comes at a time when Jacksonville is at a “cross roads” regarding many other projects proposed for the Community. He suggested, regarding the recent Community survey, that a meeting be held to discuss issues of priority. He mentioned efforts regarding a separate school district and Community college project, which he stated, is one he feels close to. He went on to mention the replacement of the pool, questioning if the pool project could be tied to the tax. He stated that he supports the museum project but reiterated the need to discuss project priorities, and projected funding. He related the desire to sponsor City events such as a “40’s dance” or car shows, which could make good use of City resource areas. He concluded that due to limited revenue sources available and slow economics, it would be wise to review all Capital Improvement Projects regarding future direction of City growth. Expressing appreciation for Alderman Fletcher’s comments, Alderman Stroud agreed that the City Council should look at priorities. He then noted that the museum would not incur any costs for residents of Jacksonville, and that he does not view this project as part of the list of priorities. He stated the need to replenish lost revenue sources, pointing out the City’s excellent financial shape due to the Mayor and City Council’s progress outlook. Alderman Fletcher clarified that regarding perception and the anti-tax sentiment; citizens might not understand that the tax would not encumber them. He stated that the misconception could jeopardize other long-term projects the City wants to accomplish. He pointed out that many citizens do not know from the Mayor’s State of the City speech that the City is debt free; adding that public perception is very important and the City needs to be responsive to that. Mr. Rice stated that it is his understanding that funding for the educational center and the swimming pool would come from a different source, adding that he does not believe this project would interfere with those projects and that in fact this is the best funding source for this project. Alderman Twitty pointed out that the tax is properly advertised and explained in the paper, citizens would understand. She noted that most likely when we travel and stay in other cities they charge a hotel/motel 4 tax. She stated her support of the proposed Hotel/Motel tax. Mayor Swaim asked Council member with concerns to work with City Attorney Bamburg to bring back a completed Ordinance for the next City Council meeting. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. Alderman Wilson stated that he believes all of Council shares an interest and concern in seeing the project through, but added that the last thing any one would want is to jeopardize any future project by not prioritizing the tax situation. He agreed that it would be a good idea to review Capital Improvement Projects in planning regarding funding and any consideration the County has in terms of mass transit. He noted that if all the projects come close together it could create problems. He stated that regarding the creation of a school district and taxes in five or ten years, it is initially the idea that those taxes would remain approximately the same. He pointed out that there are different situations that could affect taxation on the local level being considered and a review of the “big picture” would ensure that problems are not created for necessary future projects. It was the consensus of the City Council to provide input to City Attorney Bamburg for Ordinance presentation at the next regularly scheduled City Council meeting. b. Approval of Consultant for Redevelopment Plan Director of Administration Murice Green stated that the City has received an EPA grant in the amount of $50,000.00 to be used in a redevelopment plan regarding the Vertac site. He stated that a request for proposal was sent to eight firms and advertised in the paper, adding that one proposal was returned and came in within the amount that was proposed. He stated that the firm who submitted the proposal has worked with the City several times in the past regarding the pool project, and with the Wastewater Department. He related that the owner of the firm was on site during the incineration and is familiar with the Vertac site, adding that he believes they are qualified. He related that he met with members of the firm last week and that the plan they submitted is acceptable for what the City needs to do. He noted that the Engineer was Mizan Rahman with ETC Engineering. Alderman Smith moved, seconded by Alderman Howard to approve the contract with ETC Engineering regarding a study of the Vertac Plant site for redevelopment. Mayor Swaim related that the contract amount is $48,000.00, adding that the residual funds from the $50,000.00 grant would be used to advertise public hearings regarding the project. At this time, MOTION CARRIED. 5 APPOINTMENT(S): PLANNING COMMISSION APPOINTMENT Mayor Swaim related that Mark Stroud has been serving on the Board of Adjustment, noting that it is a good training ground for the Planning Commission. Alderman Wilson moved, seconded by Alderman Stroud to approve the appointment of Mark Stroud to the Planning Commission for a term to expire 01/01/2007. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. BOARD OF ADJUSTMENT APPOINTMENT Mayor Swaim noted that the appointee would fill the un-expired term of Mark Stroud and that he is currently serving on the Boys and Girls Club Board. Alderman Ray moved, seconded by Alderman Smith to approve the appointment of Mr. Kevin McCleary to the Board of Adjustment for a term to expire 02/05/2005. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim related that the Health Fair and Blood Drive would be held from 8:00 a.m. to 12:00 p.m. February 15, at the Community Center. He encouraged attendance. He then announced that City Hall will be closed February 17, 2003 in observance of Presidents Day. Public Transit Assistance Bill Justice of the Peace Dennis Sobba addressed the City Council requesting feedback regarding a proposed Bill for legislation. Mayor Swaim explained that the legislation being drafted proposes a $1.00 per night room tax fee to be used for public transportation. Alderman Wilson stated that he is not convinced that it is appropriate to tax a group that is not using the public transportation, in order to fund the public transportation. He added that he is also not comfortable taxing visitors of the Jacksonville Community to support the bus service. Justice of the Peace Mr. Sobba related that he spoke with Mr. Keith Jones of CATA, who informed him that the tax would provide extra buses to Jacksonville, as many as we felt we needed. He stated that after talking with Mr. Jones he went to the Air Base and met with Colonel Scott to determine any needs regarding public transportation. He stated that he was willing to support the Bill if it would benefit the Air Base, but expressed concerns that Sherwood who does not have a Hotel/Motel tax would benefit quite a bit also. He then stated that he honestly believes that most of the funds would go to run the trolleys in Little Rock. He pointed out that there has already been talk of bringing back the river market trolleys. He stated that after talking with Chamber of Commerce Director Bonita Rownd he wanted to bring it before the City Council for their input. He related that Sandra Prater had already pledged support 6 but has since withdrawn her name until City Council provides input. He added that he has not contacted Will Bond, but was waiting for City Council input. All members of the City Council expressed opposition to the Bill. Alderman Elliott noted that the Bill had been discussed at the Municipal League meeting and did not receive a favorable response there either. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. th Alderman Howard announced that February 27 the Senior Center will host its annual roast of Mr. Bobby Joe Hickingbotham. He encouraged attendance. Alderman Fletcher stated that recent rezoning issues have caused concerns regarding property owners being aware of area rezonings. He suggested that the Planning Commission be asked to investigate new methods to notify the public other than simply posting a small sign on the property and advertising it in the newspaper. He explained that area residents who do not actually drive by the sign would not be aware that a rezoning was occurring in their neighborhood. He stated that he felt it would be a great benefit to the public if further methods were used to notify area resident, even if the rezoning fee has to be raised to cover that cost. In response to a question posed by Alderman Stroud, Alderman Fletcher stated that residents who live in close proximity of a proposed rezoning should be notified either through the mail or some other method. He stated that any additional costs to do so could be passed onto the fee that is already being charged. He related that there were complaints from area residents regarding property that was rezoned close to Foxwood, because they had not seen the sign and did not travel that direction. He added that the City has an obligation to inform the public, mentioning the speed at which the world was informed about the space shuttle disaster. He related that it is poor work if the City cannot notify residents living two blocks from a proposed rezoning. Alderman Ray related that the Police Department has asked residents to help police the neighborhoods through observation, but that people do not pay attention to what is around them. Mayor Swaim offered that previous concerns expressed in Council regarding rezonings the City has purchased larger signs and added color. He added that the City follows State guidelines and have gone above those guidelines regarding the enlargement and colorization of signs. Alderman Fletcher related that if the rezoning is at the end of a culdesac, or dead end road that no one drives down, the property owner that backs up to the proposed rezoning would not be aware. He stated that residents have a right to know what is happening in their 7 neighborhood. Planning Commissioner Young offered from the audience, that the City of Little Rock requires the applicant requesting the rezoning to notify area resident within a given radius through certified mail, adding that it is the burden of the applicant and has worked pretty well. A comment was offered regarding citizens who do not promptly read their mail. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 6, 2003 7:00 P.M. – 7:35 P.M. Mayor Swaim related that solutions could be investigated. He noted that Chad Young is a Planning Commissioner. Chief Ruthven stated that he had been asked by a representative of the Chamber of Commerce to remind the Council members that at 7:30 a.m. tomorrow the Chamber is hosting a City Officials Breakfast at the Chamber building. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:35 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8