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07 JUL 05.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 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 July 5, 2007 at the regular meeting place of the Council. 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, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman McCleary was absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Finance Manager Cheryl Erkel, Human Resource Director Jill Fourqurean, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Battalion Chief Joe Bratton, Police Chief Robert Baker, Parks and Recreation Public Relations Manager Annabelle Davis, Mrs. Joan Zumwalt, Mrs. Helen Stroud, Mrs. Addie Gibson, Mr. Tommy Dupree, A&P Secretary Nikki Wilmoth, Mr. Mike Wilson, Mr. Larry Wilson, Mr. Ray Hunter, Mr. John Hardwick, interested citizens and members of the press. Mayor Swaim introduced and the City Council welcomed newly hired Human Resource Director, Jill Fourqurean. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of June 21, 2007 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 7 June 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1315 (#14-07) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 18.28.020 AND 18.32.020 TO ALLOW PERMITTED USE OF SINGLE-FAMILY AND TWO FAMILY SITE BUILT DWELLINGS IN R-2 AND R-3 ZONING CLASSIFICATIONS; AND, FOR OTHER PURPOSES. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. Alderman Elliott moved, seconded by Alderman Stroud that Ordinance 1315 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1315. Director of Administration and Acting City Engineer Jay Whisker explained that currently the R-2 zoning does not offer an opportunity for single- family housing even though the zoning description does mention the inclusion of single-family housing. He noted that the ordinance would correct that language and noted that the same is being proposed for the R-3 zoning classification to allow R-2 and R-1. Mayor Swaim noted that the general rule has always allowed a higher classification of residential to be built in a lower zone but not the reverse. In response to a question posed by Alderman Fletcher, Mr. Whisker stated that currently in the Bellevue area the developer is proposing to build single-family and duplexes. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1315 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1315 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1315. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1315 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1315. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1315 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1315 THIS 5 DAY OF JULY 2007. b. ORDINANCE 1316 (#15-07) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS 2 (GENERAL LOCATION: BETWEEN SWIFT DRIVE AND GENERAL SAMUELS ROAD); 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 JULY 5, 2007 7:00 P.M. – 8:14 P.M. Mayor Swaim noted that the zoning reclassification is a recommendation from the Planning Commission. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1316 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1316. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1316 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Howard moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1316 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1316. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1316 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1316. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1316 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBER 1316 THIS 5 DAY OF JULY 2007. GENERAL: a. DISCUSSION A&P Commission recommendation to pass a 2% Prepared Food Tax Alderman Smith related that the item of business has come as a recommendation from the A&P Commission for discussion and to determine the amount of interest in adopting a prepared food tax. He explained that the A&P Commission consists of two motel industry executives, two food industry executives, Mayor Swaim, Alderman Stroud and himself as Chair. He related that the A&P Commission hired a consulting firm regarding an effective Master Tourism Plan regarding a more significant visitor market appeal. He stated that part of the recommendation was to adopt a “hamburger tax”, adding that the A&P Commission has been 3 reluctant, not wanting to deter from Jacksonville getting a new school district. He related that the Tourism Committee offered budgeting information regarding the tourism needs in Jacksonville. He explained that the recommendation was only made after many meetings and much deliberation, finally the A&P Commission agreed to make the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. recommendation contingent that a larger amount be allocated to the Parks and Recreation Fund as well as the marketing and promotion of existing assets in Jacksonville. He added that the Commissioners also requested that a draft budget be prepared within the A&P Commission, which was conducted by Finance Director Paul Mushrush through Commissioner recommendations. He stated that finally in June it was decided that the Commission would send forth a recommendation to the City Council to determine interest in a prepared food tax. He offered to review the budget by line item and added that the Commission is committed to measuring the effectiveness of monies spent. Mayor Swaim offered the floor for comments both for and against. Mr. Mike Wilson stated that he is speaking primarily for himself but also as Chairman of the Chamber of Commerce Tourism Committee. He stated that the Tourism Committee agrees with the A&P Commission that Jacksonville should enact a prepared food tax to support its advertising and promotion regarding existing and coming attractions. He then agreed that there should be accountability and measurements regarding results. Mr. Jody Urqhart stated that he is representing the young families of the Community, citing the high school graduating statistics would support that young families are not moving to Jacksonville. He stated that the school system is the number one issue for Jacksonville, pointing out that the citizens have supported two local taxes over the last five years. He noted that the one-cent sales tax, to build three buildings, generates approximately 3 million annually and does not have a sunset clause. He stated that once the buildings are funded the City has 3 million dollars being absorbed into operations, adding that he feels that tax money could be proportionately directed toward supporting the Museum and infrastructure. He stated that with the prepared food tax, Jacksonville might have the highest taxes on a hamburger in the Country. He then noted that over the last five years water, electricity, gas and sewer has gone up and at some point it needs to stop. He concluded saying that he does not feel a hamburger tax is “just right” it is “just wrong” for the City of Jacksonville. Mr. John Hardwick stated that he is representing the Chamber of Commerce Board of Directors, saying that the Board is not against the tax but would like to have further input as to how the monies are allocated. He stated that the Chamber and citizenry felt as if they had little input as to how the money was to be spent. He requested that action be tabled pending additional input from the citizenry regarding allocations. 4 Mr. Davis stated that he supported the proposed budget but his concern is that it is a tax, adding that with the increased cost of gasoline, mortgages, utilities, and groceries costs are rising. He stated that his main concern would be the future school system. He stated that there are many families that are having trouble making ends meet. He related that he appreciates local officials and is very proud of all the work done by the City and feels Jacksonville is one of the best cities in the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. surrounding area. He stated that his concern regarding the tax, explaining that he would not want it to affect the possibility of a school millage in the future. Mrs. Joan Zumwalt stated that she would like to endorse the tax, asking the City Council to remember that a prepared food tax would only affect a few businesses, while a broad sales tax affects all purchases. She stated that she has been a resident of the community for 44 years and loves Jacksonville. She stated that in her experiences, all successful ventures for the City have needed promotion and advertisement. She stated that the Museum is very optimistic following the recent military inspection that the Museum will receive a permanent loan airplane for the grounds of the Museum. She noted that the only costs to the Museum would be the transport, setup and maintenance. She stated that she would be in favor of the progressive act of passing a 2% prepared food tax. Mr. Adrian Stewart stated that he is not aware of more than two visitors since 1989 regarding the Reed’s Bridge Battlefield and does not believe the Museum will be able to fit an aircraft in the space available. Alderman Smith confirmed with Mrs. Zumwalt that there is adequate space available at the north end of the Museum. Mr. Mike Houchen, an A&P Commissioner, stated that in order for the City to grow and move forward it must continue to improve Parks, adding that the Parks are the biggest draw to Jacksonville. He stated that the prepared food tax is a separate issue from the concern for schools, adding that the current hotel/motel tax revenue of $88,000 is not enough to grow and promote Jacksonville. He stated that Jacksonville needs to do what it can today to get money for growth and advertisement, adding that the schools will be forthcoming. He noted that cities north and south have the tax, some higher. He stated that Jacksonville can sit back, do nothing and maintain or grow toward the future. He stated that if nothing else we need to concentrate on the Parks as the biggest draw, adding that Reed’s Bridge is not and could be addressed in the future. He supported the proposed budget for the Museum’s airplane, urging that the money be spent to advertise and promote Jacksonville. He pointed out that there is no benefit from doing nothing. Mr. Adrian Stewart stated that he would like to speak in favor of the 5 softball fields, which historically has enjoyed an Air Force wide reputation as good ball fields. He stated that ball tournaments fill up the hotels and restaurants more than anything else. Mr. Tommy Dupree stated that Reed’s Bridge is part of the Park system. He added that he has been involved in the ball fields all his life. He stated that in the 1980’s he along with the Sertoma Club raised $25,000 and worked to build up the fields themselves to continue having tournaments. He pointed out that there are other things for people in parks other than playing ball. He stated that the important issue is acquiring land while it is available for future growth, if not he stated that it would not be available later. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. Alderman Sansing stated that he would be remiss if he did not point out that if adopted the prepared food tax would be 11%, which would be one of the highest in the State. He stated that in today’s busy society many more families are purchasing prepared foods on a weekly basis than ever before. He stated that he has heard discord among citizens regarding 50% of the budget being proposed for the professional promotion/marketing campaign, when there are other entities in the City that could benefit. He stated that if the tax is absolutely deemed to be the best thing for the City then it should be sold to the citizens. He stated that right now the only support he hears for the tax is from vested individuals who have proposed projects. He added that he is not hearing a lot of support from the citizens. Alderman Twitty stated that she supports the tax, noting that other surrounding areas have a hamburger tax. She stated that without additional funds Jacksonville would go stagnant without growth. Alderman Stroud stated that over the last sixteen years he has been concerned regarding the appearance of Jacksonville and feels that there has been a lot of progress. He stated that he supports the hamburger tax and feels that it is the best choice for Jacksonville. He stated that Jacksonville is a great place to live and work, adding that it can be made better. Alderman Ray stated that he has listened carefully and appreciates the input from all sides. He added that he loves Jacksonville and wants to see it grow, adding that Jacksonville is a good steward of the tax dollars. He stated that there are City officials who work hard to make this City grow, adding that he supports the prepared food tax. Alderman Rinker stated that there is a perception problem with the tax, adding that there needs to be further education to let the citizenry know more about how the tax will help them. Alderman Fletcher stated that in reviewing the proposed project list some of the projects will require continued annual funding. He stated that he feels the primary thing needed by Jacksonville is the school district and 6 would support any efforts to achieve Jacksonville having its own school district. He stated that while all the proposed projects are good projects for the City, he feels that a five-year vision plan needs to be developed and offered to the citizens to help sell the tax. He stated that he would support a community meeting at the Community Center to gather additional citizen input. He stated that he would like to see a five-year vision projection regarding each one of the proposed projects. Alderman Howard stated that over the past 60 years in Jacksonville he has seen a lot of change and progress, noting that the 2% prepared food tax could go along way toward doing so much for the City of Jacksonville. He stated that he has been a part of the Reed’s Bridge Battlefield and agrees with Mr. Dupree that if the land is not acquired when available, later it will not be available. He stated that along with anyone else he CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. does not like to have to pay higher taxes but that this is something that is needed for Jacksonville. He stated that he feels Jacksonville will have its own school system and hopefully not too far into the future. Alderman Elliott stated that he appreciates both sides, adding that he believes a plan should be formulated with a clear vision regarding future economic development. He continued saying that he believes Parks and Recreation should be a large part of the consideration, adding that he feels a large percent should be allocated to Parks and Recreation, being the biggest draw in the City. He offered that a clear vision should be taken into consideration in the development of a solid plan. Alderman Fletcher questioned if monies offered to Parks and Recreation would be spent to subsidize the current programs or used to implement and expand new programs. He stated that the proposed budget does not offer a long-range plan and he does not feel the public will support the proposal without a plan in place. Alderman Smith stated that the thought of the Commission was to concentrate monies the first year in a promotion/marketing campaign that would get the word out to people not living in Jacksonville about the Splash Zone, Museum, and other attractions. Alderman Elliott reiterated that a comprehensive plan needs to be in place before a tax is implemented. Mayor Swaim noted that the monies are restrictive in nature, he explained that the monies could not be used to address drainage, fix potholes or housing needs etc. He clarified that the monies are very specific and the guidelines provide what it can or cannot be used for. Discussion ensued as to the process of educating the public through public hearings, keeping in mind the narrow scope outlined in the restrictive nature of those funds. It was also noted that the monies 7 could not be applied toward avenues to achieve a separate school district, but only towards Parks and Recreation, marketing or any entity that would help bring tourism into the City. Mayor Swaim noted that projects deemed to be advantageous to the promotion of Jacksonville would have to be a contracted with that entity through the A&P Commission in order to expend funds. He then noted that the law is very specific to state that funds cannot be given to the Chamber of Commerce or expended on Capital Improvements other than convention centers or similar projects, which promote tourism. He reminded the City Council that the A&P Commission spent $10,000 to have a study performed, adding that it is imperative that the study be given due consideration. Mayor Swaim clarified to his understanding that there is general sentiment to prolong the discussion period to reevaluate allocation. He noted that he and Alderman Smith have visited with other cities regarding the allocation of funds from their tax. He noted that the City of CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. Sherwood allocates the first $300,000 toward the upkeep and maintenance of their community center. He stated that the City of Jacksonville cannot continue to build capital improvements for Parks and expect the General Fund to fund those ventures. He noted that the Parks budget is approximately two million dollars and the income is less than five hundred thousand. He explained that in capital improvement situations employee and maintenance/operation considerations are continued increasing costs. He stated that employee cost is the largest allocation for the City and the two largest Departments is public safety, adding that no one desires to cut employee cost in Fire or Police in order to fund other Departments. He stated that he would be open to hosting a public hearing at the Community Center or continuing discussion at City Council meetings, reminding the City Council that funding allocations must stay within the framework provided by law. He stated that it appears there are three options 1) a public hearing, 2) a joint meeting with the A&P Commission and City Council, 3) or schedule for a vote at the next City Council meeting. Alderman Fletcher moved, seconded by Alderman Sansing to schedule a public hearing. Mayor Swaim noted that the item is not up for action, explaining that a consensus from the City Council would be appropriate. MOTION retracted. It was the consensus of the City Council to meet with the A&P Commission th at their regular meeting July 16 @ 6:30 p.m. b. Set public hearing for Health Facilities Board 8 th Mayor Swaim noted that a public hearing would be held at the July 19 regular City Council meeting at 7:00 p.m. APPOINTMENT(S): NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD Alderman Smith moved, seconded by Alderman Ray to approve the appointment of Bill Thompson to fill the unexpired term of Vestal Johnson to expire 10/02/2009. MOTION CARRIED. PARKS AND RECREATION COMMISSION Alderman Ray moved, seconded by Alderman Stroud to approve the appointment of Raymond Hunter for a term to expire 5/09/2012. MOTION CARRIED. ADDITION TO AGENDA: Request to Accept Bid for 2007 Asphalt Overlay Program Mayor Swaim related that the low bid was from Roger’s Group, who failed to complete the proper paperwork and the bid was disqualified. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 5, 2007 7:00 P.M. – 8:14 P.M. Alderman Elliott moved, seconded by Alderman Smith to place the request to accept bid for 2007 Asphalt Overlay on the agenda. MOTION CARRIED. Mayor Swaim then related that the recommendation is for the second lowest bidder Cranford Construction. Alderman Ray moved, seconded by Alderman Sansing to accept the second lowest bid from Cranford Construction in the amount of $257,745.89 with funds to be drawn from the Street Department budgeted funds. MOTION CARRIED. ANNOUNCEMENT(S): Director of Administration Jay Whisker announced that Northeastern would be closed the later half of July, explaining that the Wastewater Department would pipe burst the lines directly under Northeastern. He noted that a closure announcement would be placed in the local papers. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 8:14 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9