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04 JAN 15.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 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 15, 2004 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, 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 Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, Finance Manager Cheryl Erkel, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Chamber of Commerce Director Bonita Rownd, Police Captain Baker, Fire Chief Vanderhoof, Wastewater Commission Chairman Joan Zumwalt, Wastewater Manager Thea Hughes, Justice of the Peace Dennis Sobba, Planning Commission Chairman Art Brannen, Water Department Manager Ken Anderson, Preston Robinson, Water Commission Chairman Thad Gray, Tommy Bond, Judy Swaim, Edith Smith, Lendy Lewis, Larry Smith, David McClanahan, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of December 18, 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 4 December 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Animal Control Report for December 2003 and the Annual Report for 2003. Said report reflects: DECEMBER 2003 TOTAL ADOPTION/FINES: $749.50 ADOPTION/FINES: $8,303.50 CONTRIBUTIONS: $ 15.00 CONTRIBUTIONS: $ 40.00 TOTAL: $764.50 TOTAL: $8,343.50 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for December 2003. Said report reflects the Total Value of Reported Stolen Property $100,965. Total Value of Recovered Stolen Property $16,077 and Total Report Sales $410.00. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for December 2003 from the Jacksonville Fire Department, which reflects a fire loss of $87,600 and a savings total of $199,800. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for December 2003. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 17 Building Inspections 123 Business License 9 HVACR 65 Plumbing 103 Electrical 113 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 70 Property Mowed 0 Towed 15 Trash Letters 36 Trash Removal 0 CONDEMNATIONS Cost for December $.00 Structural Maint. Letters 5 Structural Repairs Made 0 Demolitions 0 Discussion ensued regarding trash and debris at 190 Pike Circle and 162 Roosevelt. Alderman Stroud moved, seconded by Alderman Twitty to forward a letter regarding cleanup of debris located at 190 Pike Circle. MOTION CARRIED. 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 Mr. Anderson thanked the Water Commission for their dedication and hard work during 2003. He explained that while they faced many challenges, they were able to overcome them. He related that the members serving on the Water Commission are Chairman Thad Gray, Jim Peacock, Gordon Koops, David Chamblee, and Jack Danielson. He reported that Waterworks has completed another year with many improvements to the water system, adding that a Chlorine Booster Station was installed to better disinfect the north part of the water system. He stated that other additions to the water system include 11,189 linear feet of pipe installed in various subdivisions and upgrades of 3,300 linear feet of pipe. He related that production of water for 2003 was down due to the mild summer and winter. He related that on July 17, 2003 they reached a high per day of 6.6 million gallons, less than last year’s high of 8.5 million on July 10, 2002. He added that the total production for the year was 1.5 billion gallons, which was a 7% decrease from the previous year. He related that 2 the average daily flow for 2003 was 4.1 million gallons, with revenues from the sale of water down 4%. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. He stated that as part of the Master Plan completed in 2003 it was determined that the wells ground water supply would deplete between 2010 and 2015. He related that when those sources are exhausted, the City will depend on Central Arkansas Water for its total supply of water of up to 12 million gallons per day. He stressed that Jacksonville must work toward building sufficient storage and other infrastructure necessary to meet all system requirements in order to distribute that amount of water. He added that to insure the City has an adequate future water supply, Waterworks is sharing the costs of a water main from Central Arkansas Water’s Wilson Treatment Plant on Interstate 430. He related that this project is to be completed by 2010 and would provide Jacksonville with enough water until 2020, at which time water from Lake Ouachita or Greer’s Ferry Lake would be on line to carry Jacksonville through 2050. He thanked the City Council for the opportunity to brief them on the accomplishments of the Jacksonville Water Department in 2003. WASTEWATER DEPARTMENT: Annual Report presented by Thea Hughes Mrs. Hughes stated that 2003 is the eighth consecutive year that the Wastewater Department has not had any permit violations at the treatment plant. She stated that overflowing manholes have been reduced significantly because of several years of major rehab, adding that overflowing manholes in wet weather has been their main focus. She related that in 2002 there were 51 manhole overflows in wet weather and that in 2003 there were only 5 manhole overflows. She added that the significant reduction is due mainly to the focus of their rehab efforts. She related that major manhole rehabs completed in 2003 were in the Tara Mount Subdivision, James Street in front of Fred’s Store, and one behind the Jacksonville Physical Therapy Center, adding that the manhole in Northwood Acres is the focus in 2004. She related that the Wastewater Department is under Administrative Order to complete the rehab by April 2004, adding that all the required work, with the exception of priority 4 work, being requested continued work on an eight-year plan has been completed. She stated that in anticipation of the April deadline they have asked EPA to consider lifting the Administrative Order, explaining that EPA has reviewed the rehab and is giving serious consideration to lifting the Order with an answer forthcoming next week. She added that if the Order is lifted, it will be the first time in fifteen years that they have been released from Administrative Orders. She related that the Wastewater Department responded to 260 customer calls with only 11 due to rain, another direct indication that the rehab is working. She stated that they replaced 6,832’ of main line, televised almost 80,000’ of line, accepted 8,946’ of new subdivisions and inspected 219 private service lines. She added that the citizens are complying with the service line policy by repairing their service lines as requested. She stated that they successfully treated 1,842,000,000 gallons of wastewater with zero permit violations and that all industrial users were in compliance. She 3 added that all restaurants were inspected and comply with grease trap regulations. She related that the Wastewater Department received excellent laboratory ratings, passing all annual State inspections. She stated that the Department assisted the LRAFB in a major investigation, saving them a significant amount of money by changing some sampling procedures, and began accepting leachate wastewater from the Two Pines CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. Landfill. She related that operating revenue is up due to the first step in a five-step rate increase, but that even with the increase they experienced a $100,000.00 loss in operating revenue; partly due to decreased water usage. She stated that during the next four steps of the rate increase they will continue their eight-year rehab and some of their capital improvement projects. She noted the biggest project being the West Interceptor Project, saying that the design has begun and will go to bid in the Spring. She related that the project is anticipated to take approximately 6 to 8 months to complete. She stated that they completed the installation of the Supervisory Control And Data Acquisition (SCADA) System, which monitors the pump stations and has already produced great savings. She related that 68%, or 79 customer calls were related to grease problems, adding that an educational program is scheduled for 2004 to encourage citizens not to put grease in the drains. She noted that it is estimated to cost approximately $500.00 to respond to those incidents adding up to $39,500. She noted that the Department has three Class 4 Wastewater Operator licenses, several Class 3, 2 and 1’s and eight employees have CDL licenses, adding that six employees are also licensed to do plumbing inspections. She concluded saying that the Wastewater Plant is known throughout the State as producing excellent water and being well maintained, and has several visitors wanting to use Jacksonville as a model for a new plant in a neighboring community. In response to a question from Alderman Wilson, Mrs. Hughes related that the project observed around the new overpass is probably a pipe bursting project, slightly different from a slip line project in that it is a new stronger type of pipe that can actually go through an existing line to burst it out of place and replace it with a new line. She stated that the process is used in areas where the lines are either very deep or because of circumstances regarding buildings, sidewalks or driveways that would have to be torn up, adding that it saves those costs. Mayor Swaim thanked the Chairmen and Commissions for the volunteerism, commenting that both Departments are very well managed. MAYOR SWAIM STATE OF THE CITY Mayor Swaim related that the State of the City Report’s purpose is to inform citizens how the City is managing its tax dollars. He added that he is pleased to report that the City operated within its budget. He noted that there would be a couple of changes to amend the 2004 budget to incorporate accounting changes regarding the Pension Plans. He stated that the City has prepared an austere budget for 2004, which he feels can be operated. He acknowledged contributions by the Finance Department in 4 preparing and managing a budget that the citizens can be proud of. He related that opposed to writing a letter, he has chosen to collect a list of noteworthy items and has headed the list “JACKSONVILLE: A CITY ON THE th MOVE”. He reported that regarding finances, 2003 was the 5 consecutive year that the City has received the national award of “Certificate of Achievement for Excellence in Financial Reporting” regarding the th Comprehensive Annual Financial Report, adding that award of the 6 year reporting is pending. He related that very few cities in the State of Arkansas have ever received the award and for the very few who have it is CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. rare to receive it for five consecutive years. He added that he is th confident that the City will be recognized for its 6 year reporting and receive the national award yet again. He stated that the award signifies that the City is doing a good job in its financial reporting and maintaining records regarding tax dollar expenditures. He then reported that the 440 Loop from I-40 to 67/167 was opened in January and the long awaited project regarding the Main Street Overpass was finally realized, completed, and opened for traffic in April. He added that in January on the same day that the 440 Loop was opened, Governor Huckabee came to City Hall and declared Jacksonville an ACE Community. He explained that the ACE Community Award names Jacksonville as a community that is prepared to accept industry, adding that it is a community of excellence award that was achieved for Jacksonville with the help of the Chamber of Commerce and a number of other committees. He related that an Advertising & Promotion Board was formed in 2003 to promote tourism in Jacksonville. He addressed new commerce in Jacksonville, pointing out that a new Family Dollar Store had opened on Trickey Lane in March 2003. He noted that an agreement was negotiated to locate a Walgreen’s Drug Store on Main Street and Dupree Drive, adding that construction will begin following the demolition of the existing buildings. He related that the Big Lots Department Store opened in the previous K-Mart building, partially filling an available vacant building. He then related that the opening of Lowe’s Home Improvement Warehouse in October also serves as another key accomplishment for the City, adding that when he recently visited a mayor from another city, he learned that they have been trying for years to get a Lowe’s Department Store to locate in their city and have been unsuccessful. He related that there had been 155 new homes starts in the Community of Jacksonville in 2003, which is up considerably from a few years ago. He stated that construction permits were up overall by five (5) million dollars for a total of $32,942,173.00 last year, adding that of those there were thirteen (13) new commercial permits issued and nineteen (19) existing commercial establishments were remodeled or modernized. He credited the citizens who authorized the assessment of a local sales 5 tax to fund the construction of an Education Center, an Aquatics Park, Police and Fire Training Facility, and other future capital projects. He related significant efforts for Jacksonville to obtain its own school district; adding that when he attended a focus group earlier, the question was asked “what is the single biggest deterrent to industry locating in central Arkansas” and education or the lack there of was the most recited response. He then reviewed other services and accomplishments in other areas, noting that the City recycled 1,130,664 lbs. of products producing an CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. income of $52,345.43, considerably more from years past. He added that the City recycled 36,825 cubic yards of yard waste and 28,833 tires. He then related that the City responded to 2,026 ambulance calls; 1,592 fire calls; and 34,802 police calls. He added that the library circulated 132,181 written or audiovisual items. He noted that the City completed an update of the Comprehensive Development Plan; a redevelopment plan for the formerly contaminated Vertac Superfund Site with a $50,000.00 grant and awarded 51 scholarships of $1,000 each to the Jacksonville High School students with funds donated by the Waste Management. He stated that the Elderly Center served 16,318 congregate meals, and 28,071 home delivered meals to the elderly. He added that the Animal Shelter responded to 2,071 animal pickups, and adopted out 619, returning 344 to owners. He related that the Community Center hosted 295 events attended by 46,770 persons, adding that many of those events were hosted in Jacksonville for the first time. He stated that the Community Center is another example of citizens willing to approve a special sales tax to improve the quality of life in Jacksonville. He concluded in saying that the Street Department laid 4,190 tons of asphalt. He stated that he hoped his report has outlined the progress made in the City in 2003. He noted that the State of the City Report would be available on the City web site tomorrow. He related that the City employees makes his job easier because of how well they do their jobs, adding that he is pleased with the staff that has been assembled over the years. He stated that while finances dictate how services are offered, every effort is made to ensure service to the citizens in a manner that would be pleasing to them. Alderman Smith noted the accomplishments of 2003, saying that the overpass was significant and helped the City. He commended the Recycling Program and the addition of Lowe’s to Jacksonville. Alderman Fletcher noted that there are not many cities that can attest that they are debt free; adding that Jacksonville citizens have been good to recognize the importance of projects providing for the future advancement and growth of Jacksonville. He noted his pride in having Jacksonville serve as a model for other cities and added that he is 6 encouraged and proud to be a part of City government. Alderman Wilson stated that there are very few cities in the State that have even one department of Jacksonville’s caliber, noting the Wastewater and Water reports, along with the professionalism of the Police and Fire Departments. He noted the facilities offered by the Parks and Recreation Department, adding that as a whole package Jacksonville is a good tribute to the leadership serving the public. Alderman Stroud agreed with all sentiments expressed, adding that Jacksonville has not suffered any of the problems that have been newsworthy in other cities. He stated that he is proud to be a citizen in Jacksonville and proud that Jacksonville is the model for many cities. He stated that he is encouraged for the future of Jacksonville. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. Alderman Ray complimented the exemplary service of the Water and Wastewater Departments, adding that the professionalism of the department heads and the employees speaks for itself. He recognized the foresight of the City Council to work with the administration to produce good things for the Community. Alderman Lewis noted that through his travels with the Municipal League and the National League of Cities he has learned that Jacksonville and Mayor Swaim are known for exemplary service to the Community. Alderman Wilson also noted that the City of Jacksonville has better streets than most communities, commending the Street Department. Mayor Swaim stated that the credit needs to be spread, saying that he could not accomplish many of the things he does without the cooperation of the City Council. FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. FINAL PLAT Triangle Park Development Alderman Wilson moved, seconded by Alderman Ray that the Final Plat of the Triangle Park Development be Approved. MOTION CARRIED. b. FINAL PLAT Small Oaks Subdivision Alderman Wilson moved, seconded by Alderman Sansing that the Final Plat of the Small Oaks Subdivision be Approved. MOTION CARRIED. GENERAL: ORDINANCE 1217 (#1-04) AN ORDINANCE ESTABLISHING A FILING DEADLINE FOR INDEPENDENT OR NONPARTISAN CANDIDATES IN ELECTIONS FOR CITY OF JACKSONVILLE MUNICIPAL 7 OFFICES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim stated that the City had previously been following guidelines that offered that the preferential primary could dictate the time for filing for office, adding that there was a challenge from the Attorney General’s Office and the City Council chose to abolish the Ordinance mandate filing date. He noted that during the last legislative session a new bill was passed allowing the filing date to be before the preferential primary; adding that the proposed Ordinance reestablishes prior guidelines. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1217 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 1217. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1217 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 Smith moved, seconded by Alderman Lewis that Ordinance 1217 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 1217. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1217 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 1217. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1217 be APPROVED AND ADOPTED. 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 Lewis 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. H ORDINANCE APPROVED, ADOPTED AND NUMBER 1217 THIS 15 DAY OF JANUARY 2004. APPOINTMENT(S): PLANNING COMMISSION APPOINTMENTS Alderman Elliott moved, seconded by Alderman Wilson to approve the reappointment of Glen Keaton for a term to expire January 1, 2007 and the 8 appointments of Mike Traylor and Kevin McCleary for terms to expire January 1, 2007. MOTION CARRIED. BOARD OF ADJUSTMENT APPOINTMENTS Alderman Wilson moved, seconded by Alderman Smith to approve the appointment of Mark Perry to fill the unexpired term of Kevin McCleary, filling the unexpired term of Mark Stroud for a term to expire February 5, 2005. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim related that Justice of the Peace Dennis Sobba has asked to address the City Council regarding issues involving the Quorum Court, adding that Mr. Sobba has offered to remain after City Council to answer questions. Justice of the Peace Dennis Sobba began by addressing a letter sent to the Democrat Gazette by Mr. Ron Newport, stating that it is false that he was proposing a pay raise for County Clerk Carolyn Staley, adding that CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. the Democrat Gazette further reported that the Quorum Court would be responsible for $35,000 for Mrs. Staley’s legal fees. He stated that the Quorum Court has not obligated one cent to pay any legal fees, adding that if Mrs. Staley is acquitted of charges the Quorum Court will be obligated to pay those legal fees. He explained that the confusion regarding the purported request for a raise came about when County Treasurer Debra Buckner had asked Mr. Sobba to present to the Quorum Court a pay scale offering a raise for all elected officials at the same rate as the County Judge and the County Sheriff. He stated that the Judge and the Sheriff were proposed at 93% and Mrs. Buckner is at 83% and the Quorum Court is at 80%, he added that he told Mrs. Buckner that he was not interested in seeking a raise for the members of the Court, but did sponsor it before the Quorum Court as a request from her. He explained that the proposal involved every position that is elected in the County and Carolyn Staley is one of the elected positions, which was construed as a proposed raise for her. He related that he had explained his position to the newspaper to no avail. He added that he wanted an opportunity to explain his position to the City Council. He went on to relate issues of another matter telling the City Council that he was responsible for the resignation of a County Coordinator. He explained that he had discovered the person in question to be playing computer games on three separate occasions. He stated that he is looking for feedback, saying that he would be willing to go to the County Judge and ask that all computer games be taken off the systems. Thirdly, he addressed issues regarding a large build up of funds regarding the gas millage for the Road and Bridge Commission. He noted that there were enough excess funds that the Commission is proposing to fund the folly trolley and are proposing a bike trail across the lock and dam. He reasoned that if there is that much money in the fund it might 9 appear that the millage rate is too high. He requested feedback from the City Council, adding that a resolution or ordinance could be proposed to address the situation. Alderman Stroud stated, as a point of clarification, that his earlier motion regarding 190 Pike was to include 162 Roosevelt. Alderman Stroud moved, seconded by Alderman Smith that the earlier motion regarding provisions for 190 Pike is to be extended to 162 Roosevelt. Alderman Wilson requested that specifics be communicated to the owners of both addresses to avoid any misunderstanding regarding the City’s position and expectations. At this time, MOTION CARRIED. Mayor Swaim announced that City Hall would be closed Monday January 19, 2005 in observance of Dr. Martin Luther King, Jr. Day. He then announced that the National League of Cities will be held in March, asking Council members planning to attend to contact Bertha Tipton to register. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. – 7:51 P.M. Alderman Smith noted that the Annual Chamber of Commerce Banquet is th Tuesday, January 20. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:51 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 10