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02 JAN 17.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 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 17, 2002 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Wilson, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:02 p.m. PRESENT eight (8), ABSENT (2). Mayor Swaim related that Alderman Ray underwent knee surgery at approximately 2:00 p.m. today. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Director of Public Works Jimmy Oakley, Purchasing Agent C.J. Brown, CDBG Director Theresa Watson, Finance Director Paul Mushrush, Finance Accountant Cheryl Erkel, Water Department Superintendent Ken Anderson, Water Commission Chairman Thad Gray, Wastewater Manager Thea Hughes, Wastewater Commission Chairman Joan Zumwalt, Wastewater Commissioner Kathy Parsons, Interim Chief Ken Bouillon, Police Captain Baker, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Parks Assistant Administrator Patty Walker, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Helen Stroud, Mr. Willie Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of January 3, 2002 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 20 December 2001 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for the month of December 2001. Said Report reflects: REVENUES: 547.50 CONTRIBUIONS: 180.00 ADOPTIONS/FINES: 547.50 TOTAL: 727.50 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith that the Regular Monthly Report for December from the Jacksonville Police Department be APPROVED. Said report reflects; Total Value of Reported Stolen Property 1 $88,454.00, Total Value of Recovered Stolen Property $13,234.00, and Total Report Sales $616.00. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for December from the Jacksonville Fire Department, which reflects a fire loss of $21,050.00, and a Savings Total of $120,000.00. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. Motion received (8) AYE. (0) NAY. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PLANNING COMMISSION: GENERAL: STATE OF THE CITY BY MAYOR SWAIM Mayor Swaim related that while the printed report is approximately 20 pages less than previous years, the information is more concise. Mayor Swaim related that he is thankful to the City Council, City employees and other officials, adding that while there are always difficulties in any working environment, the City Council and staff have been a pleasure to work with. He read from an essay submitted in a leadership training class by a City department head five-years ago, titled “My vision for Jacksonville 2002.” “In the year 2002 we will be able to transverse the City of Jacksonville from east to west uninterrupted by train traffic. The long awaited Main Street Overpass has been completed; the farmers market is operating under the Overpass and families picnic at the Depot Park located near Center and Short Street, the original train depot location. After the picnic, they will take a new bike path to the soccer complex located next to Dupree Park. The east area of the tracks has some new commercial development; also, additional housing for the elderly is under construction near the Jacksonville Elderly Activities Center. Downtown businesses have adopted a common theme for business fronts and some downtown beautification projects have been completed. People will be drawn to the City from the historic downtown area and recreation activities available in surrounding parks, camping available around Dupree and Paradise Lakes. Several new industries are breaking ground in the industrial site located at Redmond Road and Main Street, as a result of the Jacksonville Industrial Recruiting Committee and the Chamber Foundation. The drive from Redmond Road to Elm Street on Main reflects the pride of our rejuvenated business, as our new subdivisions are filled to capacity and with others in planning, it is a testimony to our slogan 2 the “City of Choice.” CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. Mayor Swaim stated that the essay reflects working efforts that are beginning to transpire; adding that the philosophy regarding future plans for Jacksonville has not changed. He stated that Jacksonville experienced difficulties regarding the December ice storm that took th months to cleanup, and that the September 11 event burdened everyone’s heart and created terrible economic problems. He stated that while there is a lot of negative news to speak of, he wanted to bring to focus the goals planned for the City. He added that he is very pleased that some of the goals are becoming a reality, pointing out that the railroad overpass is finally under construction. He noted that the City received grants of $200,000 for the Parks Department and a grant of $209,000 for sidewalks to connect Dupree Park to James Street. He related that the walking trail in Dupree Park will be open soon, and the new bathroom is nearing completion; which will round out the balance of the project. He stated that there are many capital projects underway in the City, noting that the old recycling center has been torn down, and a building renovated on Marshall Road that was once part of the Vertac Plant site. He reported that the recycling center collected 1,030,000 lbs. of recyclables, which sold for over $25,000. He related that the City has an excellent recycling center that is the envy of any other in the State. He related that the new animal shelter would complete construction this year, and that Arkansas Precast has begun work on the forms for the downtown fountain. He stated that over $400,000 was spent on drainage projects throughout the year, and another $105,000 for reconstruction of the Redmond Road Bridge. He related that while drainage efforts have been successful demonstrated by earlier rains, there is still a lot of work in the area of drainage. He related that 4.5 miles of paving was completed last year and the City condemned four houses, of which three were demolished. He stated that the City Council has passed a strong ordinance to support a cleaner City, pointing out that 547 inoperable vehicles were cited, and 1,184 letters written for cleanup. He stated that accomplishments were possible through a team effort with the Council and employees who have been great. He expressed some disappointment regarding the Census returns, saying that the count only increased by 815 over the last ten years, but added that of the 29,916 citizens counted, he is proud of every one. He reported that construction of new single-family housing increased by 2.5 million with an additional 17 new homes constructed last year for a total of 86. He stated that the average price of a new home rose from 93.2 to 3 104.4 thousand dollars, which indicates that citizen’s average income, has risen as well. He stated that the Chamber of Commerce report reflects that there were 23 ribbon cuttings for new businesses, which supports a growing commercial improvement in our community. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. He stated that Rebsamen Hospital scored a 93 on its Joint Commission of Accreditation of Hospitals inspection, saying that the excellent score tells us that we have good medical attention in our community. He reported that despite economy concerns this past year the City finished 2001 with a very stable City budget. He related that while other cities had to make drastic cuts to their budgets, the City of Jacksonville was able to balance the budget without any cut in services and provide employee raises. He credited the Finance Department for their hard work on the budget, adding that the City is very serious about managing citizen tax dollars and spending it to the best advantage. He related that the goal regarding finance is to ensure financial integrity and promote efficient, effective and accountable government. He thanked the citizens, City Council members and employees for another good year, adding that in the past 15-years the State of the City reports have come a long way. He acknowledged great improvements and stated that he is very proud of what our employees and elected officials have accomplished in the City of Jacksonville. He related that in looking forward, 2002 presents another opportunity with its own set of challenges to be as great as 2001. Alderman Smith congratulated the Mayor and employees for a successful year. ANNUAL WASTEWATER REPORT Ms. Thea Hughes directed Councils attention to the report submitted, pointing out pages 3 and 4, saying that EPA’s administrative order is what has been driving them for the past several years. She related that in 1995, they were ordered to investigate the entire system, make repairs to the collection system, expand the treatment plant and close the West Treatment Plant. She reported that the West Treatment Plant closed and all the flow has been redirected to the newly expanded Johnson Plant. She related that the Department is still making repairs throughout the City and will continue in the next few years. She stated that Administrative Order deadlines were met as scheduled and that priorities 1, 2 and 3 are completed. She related that priority 4, has become priority 1 today and has become more significant as the system deteriorates. She related that it would be followed with flow monitoring regarding each repaired sub-system. She pointed out a 15 to 40 percent significance in repair which has caused the flow to decrease by that much, adding that 20 to 30 percent reduction is considered very good. She related the Administrative Order will end in 2004 and the Commission 4 feels that aggressive rehab of the system is warranted because of deterioration. She related that in 2001, 1,942 million gallons of wastewater was treated, and there were no violations regarding the laboratory or monitoring. She related that the plant has gone for six straight years without violating the NPDES permit. She stated that the system is routinely cleaned everyday with the jet truck. She related that the original 1995 report said that 873 private service lines needed to be CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. repaired, adding that as of last year those repairs have been completed. She stated that in 2002 they found 28 additional lines that were immediately repaired, expressing appreciation to the citizens of Jacksonville for supporting their on-going efforts. She related that the Wastewater Department accepted 5,043 feet of new main line and 22 new manholes located in the Triangle Park development, and Northlake Phase VIII, along with a new pump station in Northlake. She related significant repairs to some of the existing pump stations, adding that 18 employees received or upgraded their licenses required for certification from the State. She stated that she anticipates a busy year ahead. ANNUAL WATER DEPARTMENT REPORT Mr. Ken Anderson summarized the accomplishments for 2001, saying that under the guidance of the Jacksonville Water Commission, which includes Jim Peacock, Gordon Koops, David Chamblee, Jack Danielson, and Chairman Thad Gray, he is able to report that the Jacksonville Water Works has completed another year under budget, while making many improvements to the water system. He related that water production for 2001 was down due to the mild summer and increased winter rain and a sharp reduction in the sale of water to Cabot. He stated that on May 19, 2001, we reached a high for the year of 8.9 million gallons, which was less than last year’s record of 10.4 million gallons, which occurred on August 30, 2000. The total production for the year was 1.9 billion gallons, which was a 13.2 percent decrease from the previous year. The average daily flow for 2001 was 5.1 million gallons. He stated that one of the major projects completed during the year was the installation of standby power generators, which operates the wells, high service pumps at the East Plant, and the Administrative Office. The project has greatly improved the capability to provide water to customers regarding a power outage. He pointed out that Water Works forces and contractors installed 15,488 linear feet of pipe, while making upgrades in the following areas: Main Street Bridge relocation, Sunnyside Phase VIII service connections, 5 Coffelt Road 6” water line loop, Quince Hill Road meter connections, Chapel Ridge Apartment Complex, Military Road, John Harden to North First Street 12” water main improvement project, Western Hill Subdivision, and Jacksonville Plaza. Alderman Elliott commended the work of both departments and the commissions. Alderman Wilson suggested that a letter from the Mayor be sent to the Commissions commending their efforts and accomplishments. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. a. ORDINANCE 1171 (#1-02) AN ORDINANCE APPROVING A REDISTRICTING PLAN FOR ELECTORAL WARDS OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1171 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Wilson moved, seconded by Alderman Stroud that Ordinance 1171 be accepted on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Alderman Elliott moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1171 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Sansing moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1171 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Sansing moved, seconded by Alderman Elliott that Ordinance 1171 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. TH ORDINANCE APPROVED, ADOPTED AND NUMBERED 1171 THIS 17 DAY OF JANUARY 2002. b. Storm Water Compliance Report City Engineer Whisker stated that Phase II begins March 10, 2003. He reviewed that the storm water act began in 1999, and that the purpose is to cleanup the storm water. He related that efforts began with wastewater and then drinking water and the focus now is on storm water. 6 He related that EPA started with cities over 100,000 in population, pointing out that Little Rock has been under mandate for two-years. He stated that Little Rock has four employees that work strictly with environmental issues, two specifically for the NPDES permit and two that work with drainage regarding construction. He stated that they have a budget of $110,000 for salaries and vehicle maintenance. He related that Jacksonville already practices maintenance measures, adding that we need to step up record keeping measures. He stated that a measure not in place, but that is being worked is an infrastructure inventory. He related that currently about a third of the mapping has been worked for better record keeping and reporting, which he felt would be completed by the end of the summer. He related that measures already being taken is street sweeping, maintaining current drainage facilities and drudging existing channels, plugging leaks, and changing pipes annually. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. Mayor Swaim related that the City of Jacksonville is one of the 15 cities in the State that has to comply, because it placed in the over 25,000 category, pointing out that cities below 25,000 do not have to meet the guidelines yet. He noted that there has been concerns from citizens because the City has ask them not to put leaves and grass clippings in the gutters because it washes into the drainage system. He stated that eventually water run-off testing is going to be required. He pointed out that monitoring for fertilizer, pesticides and herbicides in the drain system have caused some cities to create a storm water staff. He noted that the City of Jacksonville has a jump regarding compliance and he hoped the citizens would understand that as a regulation the City must comply or be fined on a daily basis. In response to a question posed by Alderman Fletcher, City Engineer Whisker related that regulations for a 3-acre process are being lowered to 1 acre in 2003, which would then require a silt fence, and hay bails to protect the soil run-off from getting into the storm water. Mayor Swaim stated that in the future there will be a sediment pond required for drainage leaving subdivisions. City Engineer Whisker mentioned that Wal-Mart constructed a retention pond when building. Alderman Stroud questioned the method for monitoring run-off. City Engineer Whisker related that sediment ponds would be required and monitored. He suggested an area just outside of the Little Rock Air Force Base for a monitoring site. Mayor Swaim stated that the monitoring site would need to be a place where water accumulates from other areas. Alderman Wilson stated that when regulations are mandated without funds, it forces cities to raise revenues from other areas or decrease services. He stated that Congress needs to understand that along with mandates 7 funds should be provided to help cities comply. Discussion ensued regarding un-funded mandates and the limits to how smaller cities are able to fund those mandates. Mayor Swaim noted that mandates are phased in to help cities meet the financial burden. He stated that while this is a burden to cities, as an agricultural state, it is a greater burden to farmers who will be regulated as to how much they can dump into the drainage areas from their rice and bean fields regarding pesticide and herbicide use. He related that in speaking with Congressman Barry and Senator Lincoln, they have expressed concern regarding Arkansas farming areas. Discussion ensued and it was related that each municipality will monitor itself for ADEQ and the EPA. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2002 7:00 P.M. – 7:45 P.M. ANNOUNCEMENTS: Joint Planning Commission and City Council meeting scheduled 28 January 2002, at 7:00 p.m., City Hall. Mayor Swaim related that the purpose of the meeting is to work with the Planning Commission to set future goals and look at growth patterns as well as considerations for a green ordinance. He then related that City Hall will be closed January 21, 2002 in observance of Martin Luther King’s birthday. Public Works Director Mr. Oakley related that Monday’s garbage day would be moved to Tuesday and Tuesday to Wednesday. Mayor Swaim related that the Arkansas Highway Department has let the contract to overlay Highway 161 from Wooten Road to Main Street, and scheduled the widening of Hwy 167/67 from Jacksonville to Hwy 40 to three lanes. Discussion ensued regarding a letter forwarded to the Council concerning a phone company that had purchased time from CenturyTel for customers and then went out of business. Mayor Swaim stated that he had worked with “Seven on your Side” to provide them information from the permitting department regarding who the people were. He stated that cities do not have control over this type of businesses, adding that the PSC has some restraint. He related that in most cases, a supplier furnishes phone service to customers who have had trouble getting phone service. He related that the City does not have an enforcement arm because it is not a public utility but a resale service. He stated that Century Tel had said the company did not pay their bill, so they had no option but to discontinue service. Discussion ensued regarding the status of the condemnation of the street adjacent to Whit Davis and City Attorney Bamburg related that the 8 appraiser was finishing his reports, and had been able to obtain comparisons. He related that the information would be made available to the owner for negotiations before proceeding with condemnation. Alderman Wilson asked for addition updates, expressing safety concerns in the area. It was the consensus of the Council procedure as quickly as possible with condemnation if the owner is unwilling to negotiate. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:45 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9