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04 OCT 21.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 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 October 21, 2004 at the regular meeting place of the Council. Alderman Fletcher 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, Rinker, Fletcher, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Stroud was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief John Vanderhoof, Police Chief Robert Baker, CDBG Director Theresa Watson, Water Department Superintendent Ken Anderson, Mrs. Edith Smith, Mrs. Lendy Lewis, Mr. Larry Dupree, 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 October 7, 2004 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 16 September 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for September 2004. Said report reflects: ADOPTION/FINES: $655.00 CONTRIBUTIONS: $ 0.00 TOTAL: $655.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2004. Said report reflects the Total Value of Reported Stolen Property $111,769. Total Value of Recovered Stolen Property $56,434 and Total Report Sales $468.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2004 from the Jacksonville Fire Department, which reflects a fire loss of $164,900 and a savings total of $218,600. 1 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Twitty and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. PUBLIC HEARING ND ORDINANCE 1234 (#18-04) 2 READING AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §13.16 REGARDING WATER USER RATES ASSESSED; CREATING JACKSONVILLE MUNICIPAL CODE §§13.16.011 – 13.16.015; AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:02 p.m. Mr. LaRoy McClure asked for clarification regarding the increase in water rates. Mayor Swaim explained that the Water and Wastewater Departments are operated by independent Commissions, adding that in order to raise rates the Commissions must come before the City Council for adoption of a rate increase ordinance. He then explained the concern to provide necessary services for the citizens, adding that water and disposal of wastewater are two critical issues. He related that to ensure a long-term water supply at a reasonable cost, the Water Commission has presented a plan to the City Council for adoption. He stated that it is the belief that if a plan is not adopted now, a later plan, assuming water would be available, would be more costly and difficult to obtain. Mr. McClure questioned Mr. Anderson as to the reason his current bill has steadily risen in cost. Mr. Ken Anderson responded that he would need to research the bill’s history to properly respond, adding that water bills do increase this time of year because the summer sewer average is ending and returning to actual usage costs. Mayor Swaim explained that Jacksonville is one of the only cities in the State that averages wastewater rates through the summer months to provide a break regarding higher water use in the summer. He explained that 9 months out of the year the sewer is charged at actual usage and for 3 months in the summer, the customer pays an average of the last nine months. He noted that at the end of the summer, sewer rate averages end and bills do increase when those rates return to actual usage. Mr. McClure stated that he does not water his lawn, the house water lines 2 have been checked, and there is no leak, adding that he does not feel his bill should increase the way it has. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. Mayor Swaim related that the bill would have to be checked by Mr. Anderson to evaluate the water usage and charges. Mr. Anderson offered that in August the average for sewer rates ended, which would result in a higher bill. Mr. McClure reiterated that everyone’s bill should not increase the same because not everyone uses the same amount of water. Mr. Anderson and Mayor Swaim each reiterated that it is based on each individual’s meter water usage. Mr. Anderson asked Mr. McClure to come to the Water Department to discuss his bill. Mr. McClure then questioned the incremental raise of 67%. Mr. Anderson explained that the current water supply is obtained from wells in Lonoke County and purchased from Central Arkansas Water. He stated that the wells have decreased in production and it is estimated that in 10 to 15 years the City will have to switch to another water source. He then answered that all of Jacksonville’s water supply would be purchased from Central Arkansas Water in Little Rock. He stated that the Water Department is in the process of constructing a water line from the Wilson Plant in Little Rock. He then explained that the 67% increase would be spread over the next four years, adding that the first year would be a 26% incremental rate increase. Mayor Swaim explained that the rate would apply to each household’s usage, pointing out the rate schedule listed in Ordinance 1234. He reiterated that each household would only pay for their water usage. He explained that the rate scheduled is set per 1,000 gallons. He then answered that the rate increase would not apply to sewer, explaining that sewer rates are calculated separately. Mr. Anderson then answered that summer rates would be the same as winter, which is all based on actual usage. Mr. Roy Wadecamper stated that he has been a resident of Jacksonville since 1981, adding that he feels an increase of 67% is much larger than the rate of inflation. He then questioned the source of information regarding the statement that Jacksonville has much lower rates than other cities in the State, adding that he does not agree with that statement. Mayor Swaim responded that Mr. Anderson could supply that information. He then explained that the rate increase is not an inflation rate increase, clarifying that the increase is to provide funding to establish a new 3 water source. Mr. Wadecamper stated that he did not appreciate that the water was coming from Lonoke County wells because Jacksonville is competing with the farming industry, adding that it does sound prudent to look for CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. another water source. He questioned if residents are subsidizing future growth because new subdivisions have increased in Jacksonville. Mayor Swaim explained that currently the City of Jacksonville purchases 3 million gallons daily from Little Rock, which began many years ago when the wells fell back. He then noted that the reason the wells are in Lonoke County is that wells in the Jacksonville area cannot produce the same quality or amount of water. He stated that he does not view the plan as subsidizing future development but as providing a water source. He explained that Cabot is experiencing the same problem and has chosen to build a line from Little Rock to supply their water needs. He noted that Jacksonville had sold water to Cabot in the past but Cabot has decided to purchase their water directly. He related that Jacksonville is part of the system that is trying to guarantee a water source into the future. He explained that area ground water is diminishing very quickly and above ground water sources are the only way to ensure water supplies. He noted that waiting 5 to 10 years could double or triple current cost. He stated that it is a prudent investment to cultivate a new water source before rates and construction cost go up. Mr. Wadecamp questioned why there is a decline in the rate per 1,000 gallons as the volume increases, adding that to his understanding it is somewhat subsidizing heavier water users. Mr. Anderson related that the rate increase was applied to the same rate structure as used in the past. He stated that as a large Capital Improvement project, it is not based on the type of rate you have, it is based on getting the project completed to get the water from Little Rock to Jacksonville and to build the system infrastructure to handle the water supply. Mayor Swaim clarified that the cost to service each household is relatively the same, large or small. He explained that the declining rate has a direct relation to what the cost is to provide the service. Mr. Wadecamp related that he understood the structure of unitary cost, adding that he feels the reason the City Council is considering this is because of water usage. He stated that water usage occurs because there is not an incentive to save water, adding that if cost increased with increased water consumption it would be an incentive to conserve. He related future growth as Cabot’s reason for joining the project, adding that he does not feel citizens already living here should have to subsidize future growth, adding that it should be put on the developers. 4 Mayor Swaim noted that the 67% is an incremental increase over four years, adding that loss of control over water is imminent for cities without proper planning. He noted that the City has gone through significant efforts to guarantee water and sewer and it could be a situation of “pay me now or pay me later”, with later being significantly more costly. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. Alderman Lewis reiterated the significance of long-range planning regarding today’s cost versus the increasing cost of waiting. Alderman Fletcher, Smith and Howard reiterated those sentiments, adding that it is not so much a plan to subsidize future development but more of an investment in the future. It was noted the importance of community growth regarding industry and manufacturers without facing limitations and that it the Water Commission’s task to have the foresight to plan ahead. Mr. Wadecamp agreed that if the present source is diminishing it would be prudent to find another source. He questioned the growth factor involved in the project. Mr. Anderson related that normal peak days, two years ago, was 8 million gallons daily, adding that the project should increase that to 12 million gallons by 2010. Mayor Swaim pointed out that a big factor in the cost of homeowner’s fire insurance is water supply. He noted that the City of Jacksonville enjoys a low rate compared to other cities in the State and that a new water source would provide a better and stronger water supply for the fire plugs. He noted that the last time the City went through a fire rating it was lowered one classification, pointing out that the City of Jacksonville now enjoys a class three rating. He added that very few cities have a class three and the City of Jacksonville is striving for a class two rating to benefit the citizens. He noted that a large portion of the grade is determined by not only by pressure but volume and supply that a city can provide. Chief Vanderhoof concurred. Mayor Swaim closed the public hearing at approximately 7:30 p.m. PUBLIC HEARING Community Development Block Grant Five-Year Plan b. Mayor Swaim opened the public hearing at approximately 7:30 p.m. Community Development Director Theresa Watson shared the priority Community needs of a survey conducted over eight planning sessions, noting attendance of approximately 160 residents. She related that there were six categories consisting of Community Facilities, Community 5 Service, Economic Development, Homeless Facilities, Housing, and Public Improvement. She noted that the highest need according to the survey is community services and economic development. She stated that the number one need under housing is emergency assistance regarding emergency repairs. She then related that under community facilities there were two, youth centers and libraries; under community services it was crime awareness prevention and senior services; and under public improvement sidewalks and handicap accessories as well as the rehab of old commercial and industrial buildings as number one priorities. She related that those priority needs would be reflected in the five–year plan. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. Mayor Swaim stated that he had attended several of the meetings, adding that a survey is good tool to obtain feedback. He then expressed his disappointment that there was not more participation, encouraging public involvement. He noted that the survey is somewhat reflective of the age and gender demographic of the citizens who participated. Mayor Swaim closed the public hearing at approximately 7:34 p.m. At this time, Ordinance 1234 was placed back on the table beginning with second reading. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1234 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1234. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1234 be APPROVED on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith to suspend the rules and place Ordinance 1234 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1234. Alderman Lewis moved, seconded by Alderman Elliott that Ordinance 1234 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED AND NUMBER 1234 THIS 21 DAY OF OCTOBER 2004. c. RESOLUTION 579 (#7-04) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTY BORDERING THE WEST BOUNDARIES OF THE CITY OF JACKSONVILLE (COMMONLY KNOWN AS THE BASE MEADOWS SUBDIVISION); AND, FOR OTHER 6 PURPOSES. Mayor Swaim related that the Resolution is a request from the developer to annex a subdivision about to begin development. Alderman Smith moved, seconded by Alderman Lewis that Resolution 579 be read. Mayor Swaim asked that the City Council consider an amendment to include the area along Hwy 107 to the west side as a part of the Resolution. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. Alderman Smith moved, seconded by Alderman Lewis to amend Resolution 579 to include the area as described. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 579 as amended. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Howard to approve Resolution 579 as amended. It was noted that the area for annexation is not within the AICUZ zone. At this time MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Swaim related that former Police Chief Leonard (Red) Brickell has passed and the funeral will be tomorrow. LIBRARY Mayor Swaim reported on the status of the temporary closing of the Library, explaining that the water leak was not due to a hole in the roof or any fault of the roof structure itself. He further explained that the leak was attributed to failure of the drain system, adding that it clogged and it backed up. He then explained that the mechanism that is designed to keep water from getting inside the building failed. He stated that there are four roofers currently working on the project. He then related that he has spoken with Mr. Bobby Roberts the Director of the Central Arkansas Library System numerous times, and Mr. Roberts assured him that he never indicated to anyone that the Library was going to close permanently. He noted that part of the water damage inside involved a small section of blown acoustic ceiling that is being tested to determine the possibility of asbestos. He related that when the roof repair is completed and the test results are back, Mr. Roberts informs him that when everything is ok then the Library will reopen. He added that Mr. Roberts is adamant that the Library is not up to the same standards as other libraries in the Central Arkansas Library System and would like the citizens of Jacksonville, that use the Library, to step forward and help build a new Library. He stated that he feels that effort will go forward in the future. He stated that the building is 7 not falling down as the impression was given, explaining that the Library is an adequate building that was built at the same time as the Martin Street Recreation building with the same type of construction and they are both usable buildings. He related that Mr. Roberts feels Jacksonville has outgrown the present facility and that it does not compete well with the other libraries. He reiterated that the Library is not closed permanently, and will reopen when these issues are resolved. He then noted that another point to the subject is that while the roof is only two years old, the City had already signed an agreement with a contractor to address issues regarding the drain system and work was scheduled to begin on Tuesday before the heavy rains on Monday that caused all the problems. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. He announced that there would be a public meeting for the long-range Transportation Plan for the Central Arkansas area, Wednesday, October 27, 2004 – 11:30 a.m. at the Jacksonville Community Center. Mayor Swaim related the City’s commitment to the drainage in Jacksonville, saying that between 3 and 4 million dollars has been spent since he became Mayor trying to resolve the City’s drainage problems that had worsened over the years in Jacksonville. He then cited proper drainage as a prime example of not doing what should have been done in the early developing years of Jacksonville, adding that as a result it has now cost significant amounts of money to go back and address those issues. He noted that because of the City’s efforts, residents who have flood insurance will see a 10% decrease in their flood insurance rates. He commended the efforts of the staff and in particular, the Street Department and City Council members who approved the drainage projects they were asked to support. He stated that the City will be classified as an 8, which is the lowest classification in the State. He related that there are only four other cities to achieve that classification, adding that the City will continue to make improvements in the drainage system and work toward a classification of 7, noting there are no other 7’s in the State. He then announced that this week the Arkansas Flood Management Association presented the City of Jacksonville with two awards, one award to City Engineer Whisker for his efforts and one to the City for managing the flood plain in our area. City Engineer Whisker extended credit to his staff and the Street Department regarding the efforts that won the award. Mayor Swaim stated that planning and progress cost money, explaining that in January of the first year he was Mayor, there was a huge rain and many homes flooded. He noted that same type of rain occurred Monday and no homes were flooded, which is due to the City’s drainage efforts to move the water into the right channels and have it to move fast enough out of the town before it floods. He pointed out that area homes have not flooded because of over flowing large rivers, but has been the fact that 8 when it rains very heavily and quickly there has not been the capacity to get it out of town. He related that the main tributaries are Bayou Meto and Jacks Bayou in opposite directions, explaining that eventually those tributaries meet in Lonoke County and if there is no place for the water to go, it starts backing up in our Community. He added that the City’s efforts are to get the water out of town as soon as possible to keep it from backing up in the Community. He noted that does not mean there will never be drainage problems, adding that sometimes drains stop up, but the City is very fortunate to have the system it has. Mayor Swaim announced that Community Development would be hosting a Housing Fair at the Community Center, Saturday from 9:00 a.m. to 12:00 p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. – 7:48 P.M. ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:48 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9