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03 JAN 16.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 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 16, 2003 at the regular meeting place of the Council. Alderman Lewis 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, Wilson, Stroud, and Howard answered roll call. Mayor Howard also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:08 p.m. Alderman Twitty arrived at approximately 7:12 p.m. Alderman Ray arrived at approximately 7:14 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Teresa Carter, Director of Administration Murice Green, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Wastewater Commission Chairman Joan Zumwalt, Wastewater Department Manager Thea Hughes, Water Commission Chairman Thad Gray, Water Department Manger Ken Anderson, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Lindy Lewis, Mr. Ben Rice, Mr. Otis Stewart, 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 2, 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 Howard that the minutes of the Regular City Council Meeting of 19 December 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Wilson moved, seconded by Alderman Stroud to approve the Regular Monthly Report for December 2002 and the year-end report of 2002. Said report reflects: DECEMBER ADOPTION/FINES: $ 795.50 CONTRIBUTIONS: $ 0.00 TOTAL: $ 795.50 ENDING 2002 OVERTIME HOURS: 544.75 ADOPTION/FINES: $7,040.25 CONTRIBUTIONS: $ 45.00 TOTAL: $7,085.25 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. REGULAR MONTHLY REPORT/ENGINEERING Alderman Wilson moved, seconded by Alderman Stroud to approve the Regular Monthly Report for December 2002. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 13 Building Inspections 53 Business License 7 HVACR 25 Electrical 58 Plumbing 55 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 36 Property Mowed 0 Towed 2 Trash Letters 29 Trash Removal 0 CONDEMNATIONS Cost for Sept. $ 0.00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Wilson moved, seconded by Alderman Stroud to approve the Regular Monthly Report for December 2002 from the Jacksonville Fire Department, which reflects a fire loss of $82,600 and a savings total of $332,900. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Wilson moved, seconded by Alderman Stroud to approve the Regular Monthly Report for December 2002. Said report reflects the Total Value of Reported Stolen Property $197,310. Total Value of Recovered Stolen Property $142,204 and Total Report Sales $429.00 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: Annual Report presented by Ken Anderson General Manager Ken Anderson summarized the Water Works accomplishments for 2002, stating that under the guidance of the Jacksonville Water Commission, the Department completed another year under budget while making improvements to the water system. He related that the production of water for 2002 was down due to the mild summer and the discontinuance th of the sale of water to Cabot. He pointed out that July 10 was the high for the year at 8.5 million gallons, less than 2001’s record of 8.9 million. He stated that the total production for 2002 was 1.6 billion gallons, a decrease of 13.7% from 2001 with a daily average flow of 4.4 million gallons. He related that 6460 linear feet of pipe was installed and upgrades were made to the Collenwood Subdivision Phase IV, Medlock Place Subdivision, Oak Ridge Ranch Estates, Martin Street Senior Residence Center, Church of the Living God on Valentine Road, Sunnyside Phase VIII, Chapel Ridge Apartment Complex Phase II, Military Road, Western Hills Subdivision, General Samuels Road, Hill Street, Carver Lane and Jacksonville Plaza. He related that to insure that Jacksonville has 2 an adequate future supply of water, the Water Department is sharing the cost of a water main from Central Arkansas Water Treatment Plant to CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. Cabot. He stated that this project is scheduled to be completed by 2010 and would provide Jacksonville with water until 2020, at which time water from lake Quachita or Greer’s Ferry Lake would be on line to handle Jacksonville water needs through 2050. A copy of the Annual Water Department report is on file in the Office of City Clerk. WASTEWATER DEPARTMENT: Annual Report presented by Thea Hughes Mrs. Thea Hughes addressed the Council, saying that the Wastewater Department recently had a very intensive inspection from the State regarding the treatment facility, which included the pretreatment program, collection system, and rehab. She related that the inspector praised the plant as one of the best in the State. She stated that this is the seventh consecutive year without any violations, noting that there are not many other cities that can make that claim. She related that a requested rate increase was recently approved for the purpose of daily O&M, Capital Improvement Projects, and line rehab. She stated that in 2002 the Wastewater Department responded to 121 mainline calls, 107 service line calls, adding that 61% of those problems were attributed to grease blockage. She related that the Wastewater Department has mounted a campaign to inform the public of problems associated with disposal of grease in home drains. She stated that in addition to running advertisements in the local paper they typically mail flyers in the neighborhood where a major grease blockage has occurred. She stated that the Wastewater Department cleaned 78 miles of sewer lines, replaced 1,971 feet of mainline, constructed 62 new manholes, responded to 2,208 line locations and televised 50,000 feet of line, while passing all of the EPA sampling and testing requirements in bio-monitoring over the past five year audit. She added that they completed a hydraulic model in basin three, which was the basin where they had experienced the most problems. She related that the hydraulic model indicated that they do not need to build relief sewers, but upgraded pump stations. She explained that the planned upgraded pump stations would offer relief in that area. She pointed out that the Department continues to perform flow monitoring and rehab and further pointed out that all requirements and deadlines have been met regarding the Administrative Order. She stated that the main issues keeping the Administrative Order from being closed are items 13, 16 and 18 on pages 3 and 4, which require elimination of all overflows and unpermitted discharges. She added, for that reason they have proposed an extensive rehab program, adding that EPA is beginning to focus much closer on rehab. She related that many cities have been fined for not having a rehab program, saying that they feel that the rehab program and Capital improvements program will be taken into consideration toward closing the Order. She related that the service line policy requires homeowners to repair their service lines, pointing out that 25 service lines were repaired in 2002, noting tremendous cooperation from homeowners. She stated that the Wastewater Department is continuing an 3 8-year rehab plan on their priority four and identifying other problems as that work is being completed. She stated that 218 priority four rehab problems were addressed this year and 92 unidentified problems. She related that there are twenty licensed operators out of thirty-five and three class four operators. A copy of the Annual Wastewater report is on file in the Office of the City Clerk. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. Mayor Swaim commended the volunteerism of the Commissioners serving on the Water and Wastewater Commissions. He then noted that the Water Department could have paid its bond issue off earlier, adding that with interest rates so low they were actually making money by not paying it off ahead of schedule. He stated that the City of Jacksonville has no bond indebtedness and is one of only a few, if not the only, city in the State that does not owe any bond indebtedness. STATE OF THE CITY PRESENTED BY MAYOR TOMMY SWAIM Mayor Swaim began with the question on everyone’s mind, how the City completed the fiscal 2002-year financially, and projections regarding the loss of income for 2003. He stated that 2002 was a difficult year for municipal governments and that the State budget had significant short falls as well. He stated that however, he is pleased to report that the City of Jacksonville finished the year within budget despite income shortfalls experienced during the year. He related that the largest source of City income is the Pulaski County Sales Tax, which was 2.5% below last year’s income. He explained that spending adjustments were made and expenditures for the year were within budget. He stated that income projections for 2003 remain lower because of slow economic growth and court requirements regarding the escrow of Use Tax funds estimated at $450,000 annually. He stated that even with these changes, a strict budgeting process allowed for a balanced budget without cutting personnel or services to the citizens. He commended the Finance Department and Department heads for their cooperative efforts during a difficult budgeting process. He then added that to further complicate financial issues; the State has been discussing the probability of eliminating or drastically cutting State Turnback funds. He stated that on the national level, the requirement for Homeland Security will impose greater expenditures on municipal governments and has not yet provided any funds to municipalities for those requirements. He related that with these challenges and the knowledge that sales taxes are a major part of general fund income, there has to be growth in the economy or an additional source of revenue established in the future, saying that without it, the level of services could suffer. He related positive financial aspects for the City were merchants retail sales which had out-performed those Countywide. He added that another 4 positive note for the City is a continued strength in the construction industry, pointing out that the City issued $27,805.090 in building permits during 2002, an increase of $9.2 million over 2001. He related that the 2002 building permits included 82 single-family units, 11 multi- family, 17 new commercial, and 7 existing commercial. He related that these numbers are good indicators that Jacksonville is a great place to live and operate a business. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. He stated that while it is often repeated that good things come to those who wait, the City has waited a long time for the railroad overpass on Main Street and the construction of the I-440 loop connecting 67/167 to I-40. He added that he has every confidence that these two projects will be completed soon, pointing out that it has taken 16 years to come to fruition. He pointed out that many other good things were accomplished in Jacksonville last year and that most are listed in the report. He encouraged the Council to review the report in its entirety. He related that there is a large number of organizations other than City Departments that contribute to the successes of Jacksonville, saying that while he would not attempt to mention them all, he would like to acknowledge those who participated in the report: the Jacksonville Chamber of Commerce, Rebsamen Medical Center, Jacksonville Housing Authority, Jacksonville Senior Center, and the Nixon Library. He expressed his and the City’s thanks to these and others who have given of their time and money to make Jacksonville a better place to live. He stated that Great People make a Great Community. He related that the New Year will present many new challenges, but that with a hard-working staff, employees, and elected officials, the City will turn those challenges into opportunities to create another great year in the City of Jacksonville. It was noted that the report is available on the City web site. b. Valentine-Wooten Road Sewer Improvement Legal Services Contract. City Attorney Bamburg explained that essentially the residents of the Valentine-Wooten Road area have worked to develop their own sewer improvement district, adding that through the years Mr. Rice has assisted, but was not able to be compensated because funds were not available. He related that when the sewer district had been organized and submitted with a request for funds, the State requested that there be an entity to back or obligate themselves for the payment of $50,000.00. He related that compensation would come from those proceeds, adding that because the City Council is the body to approve the loan commitment they would also be the authority to approve the contract for legal services. He stated that no City funds would be spent to repay the loan and that 5 all monies to repay the loan would be collected from the residents of the area as they pay for the project through their sewer use fees with an additional amount to reimburse the loan. Alderman Ray related that the organization of the project had been in the works for many years and that the project would benefit 100 area families. He stated that the concept was much the same as what had been proposed by the Water Department and that the Water Department would help by collecting the money when sewer fees are paid. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. Mayor Swaim related that public hearings were held in accordance and that the Soil and Water Department has agreed to loan the money. He stated that the request is for permission to sign the contract and disburse the funds. Alderman Fletcher moved, seconded by Alderman Smith to approve the contract agreement for legal services regarding the Valentine-Wooten Road sewer project. MOTION CARRIED. FIRE DEPARTMENT: POLICE DEPARTMENT: PRESENTATION Crime Statistics 1999-2002 Chief Ruthven referred to the statistical analysis regarding the City of Jacksonville from 1999-2002 as provided, saying that he would like to focus on the positive aspects of the report. He pointed out that over the last two years violent crime is down 21% and that there are no reported homicides for the year of 2002 for a 100% decrease from the previous year. He related that aggravated assault is down 9%, and that the violent crime assault rate is up 7% for an 84% assault rate in violent crimes. He stated that the value of stolen property reported is down 7% and the recovery rate of stolen property is up 1% to a 54% recovery rate. He then reported that the felony assault rate is up 6% to 92% and that all felony crimes rate is up 20%. He reviewed the Crime Index Statistics saying that it is obvious in the charts that property crimes is up 14%, and that burglary is up 26%. He related that the Police Department is addressing those concerns, adding that they have met internally four times over the last six months to look at operations and new ideals for addressing the problems. He stated that he had queried every Chief of Police in the State of Arkansas regarding burglary problems, as well as the National Association of Police for solutions regarding this type of crime. He added that he had discussed the situation with Central Arkansas Law Enforcement and that the Police Department has placed selected anti-crime shifts at specific times in specific areas to address such problems as gas ride-offs at gas stations that are open all night and or other types of crime occurring. He stated that they are utilizing the resource available from the Cops Advisory Council, adding the importance of citizenry input. He stated that one thing he has also been addressing is the negative issue regarding 6 resource reallocation, taking resource available, and reallocating manpower to address these problems. He stated that he would return to the Council in the near future with a Ordinance request for a daytime curfew, explaining that in networking with other Chiefs across the State he has learned that many cities address some problems with a daytime curfew. He stated that lastly he would continue to look for grants for the Department. He related that he had requested a six-person increase in the Department, but was unable to receive that increase. He stated the need to stretch his resources to address problems of concern. Alderman Smith stated support for a daytime curfew to address problems regarding youth being out of school during school hours. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. Alderman Fletcher stated that he appreciates the Department’s proactive rather than reactive stance to addressing issues of concern. He question if there had been a drastic increase in juvenile crime. Chief Ruthven related that juvenile crime has been on the rise, adding that he would not characterize it as a drastic jump. He addressed Pulaski County school policies, pointing but that there has been an aggressive stance in the school system. He stated that the schools are taking aggressive administrative action with students who have experienced problems at school including suspension and expulsion in many cases. He went on to relate problems this can cause when the students are home, adding that often the parents are working and the students end up on the street. Discussion ensued regarding taking the kids drivers license that are expelled from school. Mayor Swaim stated that State licensing would have authority regarding suspension of a driver’s license. He stated that the daytime curfew would obviously be a step toward addressing the problem of students being in other places besides school during school hours. He reminded the Council that Jacksonville was the first city to have a nighttime curfew for minors. SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: DISCUSSION Portable Carports Alderman Stroud presented photographs of portable carports, explaining that many residents who purchase the carports are unaware of Code restrictions regarding setbacks or disapproval of neighbors. He stated that it can be a costly mistake in many cases. He pointed out that is not against the law to sell the portable carport and that they have become very popular since the ice storm. He stated that there are other 7 portable carports that are out of compliance in the City. He stated that he is not advocating a total ban, consumers need to be made aware of factors concerning the placement of portable carports including the public hearing process regarding a variance and the need to purchase a building permit. Alderman Howard agreed expressing similar sentiments and incidents involving portable carports and complaints of such. Alderman Stroud stated that primarily the violation occurs because of established residential setbacks. He clarified that the structure is not a violation but violates the setbacks. Mayor Swaim related that no structure can be over the zoning setback, adding that most homeowners are not aware of setback and square footage requirements regarding an accessory building or add-on. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 16, 2003 7:00 P.M. – 7:40 P.M. APPOINTMENT(S): WASTEWATER COMMISSION Alderman Smith moved, seconded by Alderman Stroud to approve the appointment of Fred Belote to the Wastewater Commission to fill the unexpired term of Mr. J.C. George to expire 4/20/2005. MOTION CARRIED. ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:40 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8