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03 JAN 02.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 2, 2003 7:00 P.M. – 7:18 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 January 3, 2003 at the regular meeting place of the Council. Justice of Peace Dennis Sobba administered the Oath of Office to the newly re-elected City Officials. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. 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, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Beverly Elliott, Mrs. Lindy Lewis, Justice of the Peace Dennis Sobba, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of December 19, 2002 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 5 December 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PUBLIC WORKS: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. NIBRS/RMS Software Mayor Swaim related that the City relieved a grant to help meet Federal reporting requirements for the Police Department. He stated that the bids have been received and that the share to be paid by the City is approximately $78,702 plus applicable taxes. He related that all grant monies would be used to defray expenditure regarding purchase of the NIBRS System Software for the Communications Center and the Police Department. He stated that the City’s share has been set-aside in the 911 fund and is available to cover the required purchase. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 2, 2003 7:00 P.M. – 7:18 P.M. Chief Ruthven stated that the low bid is approximately $6,000 below the other bidder, adding that although it is not readily identifiable in the bid, the low bidder would also provide an annual savings of approximately $4,300 in annual maintenance contracts. Alderman Elliott moved, seconded by Alderman Sansing to accept the low bid from Access Data in the amount of $100,795.00, with the balance following grant funds to be funded through appropriated 911 Funds. It was noted that the software is compatible with existing software. Chief Ruthven related that the records management program would allow the Police Department and Communication Center to maintain records in an automated fashion as opposed to a hard copy. He related that the package includes a computerized dispatching system that is linked electronically between the 911 Communication Center and the Police Department. He explained that the Police Department reports crime statistics to the FBI annually through ACIC, adding that as of January 1, 2003 the Department will be using the new NIBRS (National Incident Based Reporting System) instead of the UCR (Uniformed Crime Reporting System). He related that the software program will allow for reporting data as required through NIBRS. He explained that the Communication Center and the Police Department would jointly work off the same software package so that if something is done in one area it will impact positively in the other area. He related that any software changes would apply to both agencies simultaneously, so there would not be any difficulty working together. He pointed out that the primary link would be wireless and the back up mode would be hardwired between the two agencies. In response to a question posed by Alderman Wilson, Chief Ruthven stated that the hardware is in place and that the software capability would work from twenty computer stations at the Police Department and four stations at the Communications Center regarding linked data input. At this time, MOTION CARRIED. b. DISCUSSION Amending Jacksonville Municipal Codes Mayor Swaim recognized City Engineer Whisker, who informed the Council that the Jacksonville Municipal Code requires that the purchase of property on a metes and bounds legal description under five acres be platted by the Planning Commission, adding that the process of final platting requires improvements be made before final plat approval is granted. He explained that a prospective buyer does not necessarily want to make those improvements before actually purchasing the property. He stated that he would like to have the Code amended to reflect that a certified check or cash for the required improvements could be accepted so the Planning Commission and City Council could approve the final plat. He stated that the monies would guarantee the improvements would be made following the final plat. He related that Sherwood and Cabot operate in the same fashion, adding that he was unable to reach anyone at Little Rock or North Little Rock regarding this type of situation. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 2, 2003 7:00 P.M. – 7:18 P.M. Discussion ensued regarding circumstance promoting the proposed amendment and City Engineer Whisker explained that according to State law, any property under five acres being sold must be properly platted. He explained that a smaller portion of property belonging to a larger tract cannot be divided and sold until the final plat is approved by the Planning Commission and City Council, adding that any required improvements such as curb, gutter, and street improvements according to the Jacksonville Municipal Code would have to be built before final plat approval is given. In response to a question posed by Alderman Wilson, City Engineer Whisker answered that he would like the Code amended to pertain to both inside the City limits, as well as Jacksonville’s planning jurisdiction outside the City limits. He then related that the amendment would apply to any piece of property smaller than five acres. Mayor Swaim pointed out that the requirement is not a new law, explaining that people have been transferring property on purchase contracts and that legally the State does not allow that without proper platting of land. Alderman Fletcher questioned if someone outside the city limits buying one acre of land would still be required to have curb and gutter. City Engineer Whisker answered that technically they would, adding that in many cases they do not have curb and gutter in the County. Mayor Swaim related that the City needs an ordinance to address the situation on a local level. In response to a question posed by Alderman Wilson, City Engineer Whisker related that the State law requires that the land be final platted before being sold, adding that the problem is that no one wants to purchase the land that has been final platted until the required improvements are made. He pointed out that the City could not approve the final plat until the improvements were completed according to the Jacksonville Municipal Code. He clarified that the improvements technically have to be finished, but the owner does not want to be responsible for them, but would like the buyer to make the required improvements. He then pointed out that the buyer is not going to make improvements on land that he does not yet own. He stated that the amendment entitles the buyer to put up money so that the City would know that the improvements would be completed once the property is final platted. Mayor Swaim explained that the situation does not occur very often. City Engineer Whisker stated that this could happen probably in several tracts, possibly on West Main regarding the seven acre acres for sale. He explained that if a buyer only wanted to purchase three acres the City would require sidewalk, curb and gutter or additionally water or sewer line improvements. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 2, 2003 7:00 P.M. – 7:18 P.M. Mayor Swaim stated that the amendment would not change any requirement that has been required in the past. He stated that he feels there may be some apprehension regarding the five-mile jurisdiction, adding that the City has not actively searched those situations out and is many times unaware, if they are not brought to the City. He related that if it is a matter of development outside the City, then it should be brought to the Planning Commission to allow them to proceed. Alderman Wilson questioned if the City requires curb, gutter and sidewalks outside the City limits. City Engineer Whisker stated that usually Pulaski County is the controlling factor, unless it is close enough to the City limits to be considered for annexation in a reasonable amount of time. Mayor Swaim asked the Council to consider the information provided, adding that an ordinance would follow at a later time. Alderman Elliott stated that if the City is going to consider accepting monies for improvements, it should factor in not only estimated costs of improvements but also a possible contingency for overruns. Alderman Wilson asked that City Engineer Whisker provide confirmation from Little Rock and North Little Rock regarding their policy for the sale of property under five acres, before the ordinance is presented for action. City Engineer Whisker stated that he would, adding that Sherwood and Cabot have already confirmed that the same situations are handled by accepting improvement monies. APPOINTMENTS: PLANNING COMMISSION Alderman Smith moved, seconded by Alderman Wilson to approve the Reappointment of Bobby Lester, and Susan Dollar to the Planning Commission for terms to expire 01/01/2006. Mayor Swaim noted that Commissioner Tammy Green would not be available for reappointment, explaining that she has moved from town. Alderman Stroud related the opportunity to observe the Commissioners and feels that Commissioner Dollar, Lester and Green have all been outstanding members on the Planning Commission. Discussion ensued and it was noted that staggered terms are set up within the Planning Commission membership. At this time, MOTION CARRIED. ANNOUNCEMENT: Mayor Swaim related that anyone wishing to attend the Annual National League of Cities meeting in March should contact Bertha Tipton regarding arrangements. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 2, 2003 7:00 P.M. – 7:18 P.M. CAFR Mayor Swaim announced that the City has once again won the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. He stated that it is a great accomplishment for the City of Jacksonville, and pointed out that this is the fifth consecutive year the City has won the award. He related that only seven other cities in the State have won the award and only a few have been consecutively. Alderman Ray commented that business had remained brisk following the holiday season, hoping that the return in sales tax would be more favorable for the City. Mayor Swaim stated that the City Sales Tax was slightly higher than last year, however, the County Sales Tax was below the previous year. He stated that last month the Use Tax was approximately $16,000 less for the same time one year ago. He explained that the County Sales Tax has only had two positive months that exceeded previous earnings. He stated that the returns from the County have not been as positive as those for the City. In response to a question posed by Alderman Fletcher, Mayor Swaim related that the moratorium regarding the Internet Sales Tax exclusion would expire this year or next. He stated that on the national level the National League of Cities is working toward a tax agreement. He explained that from the billions of dollars spent on the Internet there is no local or State sales tax collected. He stated that the potential lost of income has been deemed so significant that a lot of States are investigating other ways to raise income. He stated that he was not positive if the Federal legislature would do anything to help cities, but added that the National League of Cities is lobbying for that position and have had a number of summit meeting trying to work a solution that would allow taxes to be collected fairly from municipalities and states. He noted that success would depend on Congress. Alderman Elliott stated that he is aware of many people who did most of their Christmas shopping on the Internet. General consensus was that cities and states suffer greatly from Internet sales. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:18 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer