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03 FEB 20.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 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 20, 2003 at the regular meeting place of the Council. Alderman Ray delivered the invocation and the Jacksonville Our Club led a standing audience in the “Pledge of Allegiance” to the flag. Mr. Glen Lane related that he serves as the Jacksonville Our Club Director/Parks and Recreation Assistant Program Manager. He stated that the program originated in 1991 to address gang problems involving youth, adding that Jacksonville’s Our Club began in 1999 and has served 100 youth with a current rooster of twenty. He stated that the target age is six to eighteen and that the youngest Jacksonville member is six and the oldest member is seventeen. He stated that the group is involved in academics, social skills, and family dynamics, adding that there are approximately twenty Our Club sites that have served 2,000 children and teenagers since 1991. He stated that he has been an Our Club Director since August 2000, pointing out that he has members that joined as early as 1999 that are still members. He then related that the group has planned a field trip to the Repertoire Theater to see the play “Piano th Lessons”. He noted that the Club has planned a fundraiser for May 17 2003 and a health fair is also planned for later. He related that the Our Club contract has been extended another year and that the City of Jacksonville has been tremendously supportive of the program since 1999. He added that he has served at several Our Club sites, saying that Jacksonville is the best. He stated that the children make the program as great as it is, further expressing the desire to help the children find their niche in life. Mayor Swaim expressed appreciation to Deputy City Clerk Teresa Carter for her tenure with the City, adding that as a military family they have been transferred to Florida. The Council expressed appreciation for her service. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, 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 Bamburg, Deputy Clerk Teresa Carter, Director of Administration Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Parks and Recreation Director George Biggs, Finance Director Paul Mushrush, Finance Account Services Assistant Nikki Wilmoth, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Planning Commission Chairman Art Brannen, Chamber of Commerce Director Bonita Rownd, Mr. Tommy Dupree, Mrs. Addie Gibson, Mr. Jay Hudson, Mr. Ben Rice, Mrs. Joan Zumwalt, Mrs. Judy Swaim, Mrs. Lindy Lewis, Mrs. Glenda Fletcher, Mr. Leroy Akridge, Ms. Roberta Bonham, Mr. Larry Smith, interested citizens and members of the press. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of February 6, 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 Stroud that the minutes of the Regular City Council Meeting of 16 January 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for January 2003 from the Jacksonville Fire Department, which reflects a fire loss of $124,950 and a savings total of $399,350. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for January 2003. Said report reflects the Total Value of Reported Stolen Property $34,714. Total Value of Recovered Stolen Property $17,657 and Total Report Sales $414.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for Reinforced concrete pipe and HDPE pipe. Mayor Swaim related that City Engineer Whisker prepared specifications for bid regarding two kinds of pipe frequently used in projects during the year. Alderman Wilson moved, seconded by Alderman Lewis to Accept the Low bid from Hanson regarding Reinforced Concrete Pipe and the low bid from Little Rock Winwater for the High Density Polyethylene pipe. Mayor Swaim noted that this is not an expenditure but approval of price. At this time, MOTION CARRIED. PLANNING COMMISSION: a. ORDINANCE 1194 (#2-03) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED AT 1100 NORTH JAMES STREET, 2 JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1194 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1194. City Engineer Whisker clarified that 1100 North James is the white building north of the octagonal building formerly known as Charles Ray Insurance. He added that the purchaser is proposing to open a small shop for antiques and a tea room. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1194 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1194 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1194. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1194 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1194. Alderman Lewis moved, seconded by Alderman Sansing that Ordinance 1194 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1194 THIS 20 DAY OF FEBRUARY 2003. b. ORDINANCE 1195 (#3-03) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §17.12.110 AND CREATING JACKSONVILLE MUNICIPAL CODE §17.12.125; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1195 amends the Jacksonville Municipal Code regarding final plats and implementing a deposit for delayed improvements. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1195 be 3 placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1195. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. City Engineer Whisker stated that currently under Jacksonville Municipal Code a property owner must subdivide his property for sale, explaining that to subdivide the property it has to be final platted and that the process of final platting requires all improvements be made to the property prior to final plat approval. He stated that the amendments would offer the purchasing developer the opportunity to make planned improvements to the property without hindering final plat approval. He stated that the improvements would included but not be limited to sidewalks, water, and sewer. He explained that the City would hold deposited improvement monies for one-year or until that time when improvements have been completed, adding that he views this mostly for the application of commercial property. Alderman Wilson questioned if the developer would receive interest on monies held after he has completed the requested improvements, if those monies were not forfeited. Finance Director Paul Mushrush stated that as a liability account maintained by the City on a monthly basis any small amount of interest would be applied to administrative cost. In response to a question posed by Alderman Wilson, City Engineer Whisker related that he is currently holding an account in the amount of approximately $20,000 regarding water and sidewalk improvements. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1195 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1195 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1195. Alderman Lewis moved, seconded by Alderman Ray that Ordinance 1195 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1195. Alderman Ray moved, seconded by Alderman Lewis that Ordinance 1195 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY 4 (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Wilson that the EMERGENCY CLAUSE be APPROVED and ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1195 THIS 20 DAY OF FEBRUARY 2003. c. FINAL PLAT Juanita Washington Subdivision Mayor Swaim related that the plat is a one-lot subdivision with no required improvements. Alderman Elliott moved, seconded by Alderman Sansing to approve the Final Plat of the Juanita Washington Subdivision. MOTION CARRIED. GENERAL: ORDINANCE 1193 (#1-03) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §3.06 AND ESTABLISHING A HOTEL/MOTEL TAX UPON GROSS REVENUES OF HOTELS, MOTELS, BED & BREAKFASTS, AND/OR OTHER SUCH SHORT TERM RENTAL ACCOMMODATIONS LOCATED WITHIN JACKSONVILLE; CREATING JACKSONVILLE MUNICIPAL CODE §2.90 AND THE JACKSONVILLE ADVERTISING AND PROMOTIONS COMMISSION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1193 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1193. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1193 be APPROVED on FIRST READING. Alderman Wilson stated that he believes the members of Council support enactment of the hotel/motel tax, adding that the question is timing. He stated that everyone supports the efforts of the Military History Museum; pointing out that from the last meeting it was clear that educational issues were deemed the priority for the Community at this time. He related that he is concerned that current passage of the hotel/motel tax may affect other educational issues under consideration and believes that the educational issues should be resolved prior to addressing tax issues. He expressed concern that a two-cent hotel/motel tax may not properly fund the Advertising & Promotion Commission regarding efforts for Jacksonville, adding that a prepared food tax may need to be considered along with the hotel/motel tax to adequately fund the Commission. He stressed the importance of properly promoting Jacksonville. Alderman Wilson moved to table the Ordinance until a sales tax election is held regarding the Education Center or until April 1, 2004. 5 Alderman Fletcher stated his intent to second the motion, adding that he would like to have discussion before doing so. He went to say that State government is experiencing drastic shortfalls and cutbacks, pointing out that education in the State has been targeted in those cuts. He then pointed out that educational issues took priority at the Special meeting held by Council, adding that he believes the two top priorities are the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. Separate School District and the proposed educational center, not wanting any other project to jeopardize those efforts. He stated that timing is the crucial issue, relating his support for the A&P Commission following educational concerns. He related his past efforts regarding the creation of the Historical Society and his love of history. He went on to say that he believes the museum will benefit Jacksonville, and that he is sure other Alderman will speak to the issue that the hotel/motel tax will not affect residents of Jacksonville. He concluded saying that it is a timing issue not the merit of the project being questioned. Alderman Smith stated that he did not feel because of the small amount that it would jeopardize other projects, adding that the amount may increase as the economy improves. He stated that his impression at the Special City Council meeting was that the hotel/motel tax would be passed. He stated his support for passage of the Ordinance. Alderman Sansing also stated his support for passage of the Ordinance, with following efforts to begin other projects. Alderman Stroud stated that he appreciates the comments of Aldermen Wilson and Fletcher, but agreed he is in support of the Ordinance passage. He added that he did not feel that the tax would affect the separate school district. Alderman Lewis stated that with education the public will support the direction of the Council, adding that he feels the timing is now for the tax and that the an informed public will support the education center. Alderman Wilson restated his motion to table the Ordinance until a sales tax election is held regarding the Education Center or until April 1, 2004. Alderman Fletcher seconded the motion. Motion failed via voice vote. ROLL CALL on Motion to Approve FIRST READING: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1193 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1193. 6 Alderman Smith moved, seconded by Alderman Ray that Ordinance 1193 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1193. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. Alderman Ray moved, seconded by Alderman Lewis that Ordinance 1193 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1193 THIS 20 DAY OF FEBRUARY 2003. Discussion ensued regarding the appointments to the Commission by the City Council. Mayor Swaim stated that the Ordinance requires that hotel/motel or tourist business related Commission members be residents of the City. He stated that as an option the City Council could pass an Ordinance allowing someone from outside the City to serve on the Commission. Discussion then turned to those members of City Council interested in serving on the Commission and the method to choose. Alderman Stroud suggested drawing straws for Commission appointments and Alderman Sansing nominated Alderman Smith for first placement to the Commission because of his involvement in the project. Mayor Swaim noted that four members from City Council desire to serve on the Commission and that a method will have to chosen for deciding what members would serve. Alderman Wilson noted that the Ordinance calls for staggered terms regarding members other than City Council appointments, pointing out that City Council members are designated to serve the length of their Alderman term. He suggested that a rotation of City Council members be considered offering other Alderman an opportunity to serve. It was the consensus of the City Council that the two members serving from the City Council would serve until the next Alderman election. The selection process began and Alderman Sansing withdrew his name for consideration at this time, expressing his support of Alderman Smith serving in the first term. Alderman Howard withdrew his name for current term, leaving Aldermen Smith and Stroud to serve as City Council members regarding the first term of the Advertising and Promotion Commission. Alderman Smith moved, seconded by Alderman Sansing to appoint Mayor Swaim as the member serving at large. MOTION CARRIED. 7 Alderman Wilson requested that a list of qualified and interested businesses members be submitted to the City Council for consideration. Mayor Swaim pointed out that not only owners but also managers of hotel/motel or tourist type businesses are eligible for appointment. He encouraged qualified business citizens to submit their names to his Office for consideration. He stated that two members would need to be in the hotel/motel business and one member could be from a tourist related business. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2003 7:00 P.M. – 7:50 P.M. APPOINTMENTS: ANNOUNCEMENT: Mayor Swaim announced a joint meeting of the Planning th Commission and the City Council February 26 at 7:00 p.m. to discuss issues relating to the Landscape/Green Ordinance. Parks and Recreation Director George Biggs acknowledged Mrs. Donna House of 4H, who is working with the Our Club children regarding parliamentary procedure and city government. He expressed Mrs. House and her husband’s commitment to the children. He noted, for the children, that the members of City Council are elected positions serving as leaders of the Community, identifying City Attorney Bamburg as the elected City Attorney and introducing City Department Heads Police Chief Ruthven, Fire Chief Vanderhoof, Finance Director Paul Mushrush, Director of Human Resources Charlie Brown, Director of Administration Murice Green, City Engineer Whisker, Director of Community Development Theresa Watson and City Clerk Susan Davitt. OVERPASS UPDATE: City Engineer Whisker related factors regarding the pouring of concrete and weather conditions, noting that the concrete must be kept at 52° for seventy-two hours. He stated that currently smaller activities are underway regarding rebar. He projected completion to be around the first of April. Mayor Swaim explained that inclement weather conditions have extended contract deadlines. He added that concrete and asphalt issues have been delayed until weather conditions reach and maintain a certain temperature regarding State regulations and guidelines. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:50 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM 8 City Clerk-Treasurer 9