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05 APR 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 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 April 7, 2005 at the regular meeting place of the Council. Alderman Howard 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, Stroud and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Twitty 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 Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. George Reed, 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 March 17, 2005 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 3 March 2005 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for March 2005. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 22 Building Inspections 66 Business License 8 HVACR 86 Plumbing 64 Electrical 32 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 1 Notice of Noncompliance 21 Property Mowed 0 Towed 2 Trash Letters 74 Trash Removal 0 CONDEMNATIONS Cost for January $ .00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Rinker, 1 Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 7:00 P.M. – 7:40 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: Discussion Method of Pickup/Pilot Program Public Works Director Jim Oakley related that he had spoken with vendors at the Municipal League meeting, explaining that a vendor has offered to let the City use 150 cans for a pilot program. He reviewed photographs of a semi-automated system, which could be adapted to current City equipment, using a hydraulic lever to empty the garbage cans instead of having personnel lift cans. He also reviewed photographs of an automated pickup, which requires no laborers. He stated that it may be a slower process to go to semi-automated versus the manual method, but added that the advantage would be employee safety. He related hazards with manual pickup of employees being exposed to discarded needles as well as back injuries. He went on to say that with a fully automated program the City would save revenue through decreased personnel, but added that the fully automated trucks do require more maintenance. He then noted that one difficulty for fully automated pickup would be on-street parking. In response to a question posed by Alderman Stroud, Director Oakley concurred that the semi-automated program would not save manpower. He then added that the only possible way to save manpower under a semi- automated situation would be if the City changed to a once weekly pickup. He related that the City has 8,000 customers with a twice-weekly pickup, which accounts for 4,000 pickups daily, four days weekly. He pointed out that a once weekly pickup would be 2,000 pickups daily based on a four- day garbage pickup, weekly. He stated that a twice-weekly pickup under a semi-automated program would require more trucks, adding that manual would probably still be the faster pickup. In response to a question posed by Alderman Stroud, Director Oakley related that a fully automated program could pickup approximately 1,000 households daily, which is comparable to what the manual method is currently achieving. He then added that he believes the amount for semi- automated is approximately 650 household pickups daily. Alderman Fletcher pointed out that a fully automated system would present an increase in maintenance issues, adding that any maintenance down time would create problems in service. He then noted that unless a place is provided for drop-off garbage, a once weekly pickup might create a buildup if a resident misses his regular pickup. He stated that it would present real problems to try and keep residents from parking on the streets. He stated that he would not be against participating in the pilot program, but is not convinced it can out perform the manual method. 2 Alderman Ray stated that statistics regarding medical cost versus manpower versus automation would be required before being able to fully evaluate the value of the program. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 7:00 P.M. – 7:40 P.M. Discussion ensued regarding cost analysis as well as the educating process for the public regarding street parking and trash can placement at the curb. Mayor Swaim noted that Little Rock does part of the City with a fully automated program and partially by hand. In response to a question posed by Alderman Howard, Director Oakley stated that the last rate increase was approximately six years ago, which was projected to last five years. He stated that he is not sure depreciation can be funded through this year. Mayor Swaim concurred, that the depreciation fund would not be funded 100%. He then noted that most cities do not 100% depreciate their equipment, but added that 100% depreciation has made it easier to replace equipment. He stated that it would not cost the City to participate in the pilot program, but noted that to change over would mean eventually purchasing a new fleet of garbage trucks. He estimated that a changeover could cost approximately $750,000 to $1,000,000 to switch to a different process. Director Oakley concurred, regarding costs including trucks and 8,000 cans, adding that he did not feel the entire City would be able to be automated. He explained that it would be unreasonable, for areas that have single-car driveways, trying to prevent more than two-car families from parking along the curb. Alderman Fletcher expressed concern for abolishing worker’s jobs, adding that he does not feel that garbage collection is the most dangerous job in the City. th Director Oakley noted that OSHA rates the job as the 4 hazardous job in the nation. He stated that the Sanitation Department is almost equal in worker’s compensation claims to the Police Department. He then answered Alderman Ray that the return on a million dollar investment would be approximately five years with the City performing one weekly pickup. Alderman Smith stated that a once weekly pickup would not be well accepted by the citizens. Discussion ensued regarding participating in the pilot program and it was the general consensus of the City Council to participate in the test program. It was noted all households would be picked up on time even with the slow down of the 150 semi-automated pickup. 3 Director Oakley then answered that the west portion of Jacksonville is the assumed area for the pilot testing, noting that to be the area of greatest growth in the City. He stated that the test program would last 30-days, adding that the last garbage truck purchased is equipped to handle the semi-automated equipment. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 7:00 P.M. – 7:40 P.M. Mayor Swaim noted that the process would be slower because the equipment is hydraulically hand-operated from the tailgate of the truck. Alderman Ray moved, seconded by Alderman Rinker to approve the City’s participation in a 30-day semi-automated garbage collection for approximately 150 households in the City. MOTION CARRIED with Alderman Sansing voting NAY. PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1249 (#11-05) AN ORDINANCE AMENDING JMC §9.36 (THE NOISE ORDINANCE); AND, FOR OTHER PURPOSES. Mayor Swaim noted that Alderman Smith served as Chairman of the Noise Ordinance Committee. Alderman Smith stated that the Ordinance being presented is an update, offering current application for current issues. He reviewed the updates that were determined to be the major citizenry complaints addressed by the Police Department. He noted vehicles that create loud and unnecessary noise were also addressed, adding that the hours of 11:00 p.m. to 6:00 a.m. has been offered as the prohibitive time for such noises including commercial dumpster activity. He reviewed exemptions to the Ordinance, adding that Chief Baker has agreed to purchase eight decibel readers to offer 3 per shift including the one already owned by the Police Department. He noted that Judge Batton has requested a measurement for conviction of violation to the Ordinance. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1249 be placed on FIRST READING. Alderman Stroud commended the Committee for it’s work, adding that he feels the use of a decibel reader inhibits law enforcement from using their own discretion regarding issues involving noise complaints. Alderman Smith reiterated that Judge Batton has requested a firm measurement for court convictions. Alderman Ray pointed out that early dumpster pickup is safer than when 4 traffic becomes an issue. Alderman Howard stated that he has received many complaint calls regarding the 4:00 a.m. dumpster pickup behind Western Sizzlin. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1249. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 7:00 P.M. – 7:40 P.M. Alderman Howard moved, seconded by Alderman Sansing that Ordinance 1249 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1249 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1249. Alderman Stroud moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1249 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1249. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1249 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1249 THIS 4 DAY OF APRIL 2005. b. RESOLUTION 581 (#2-05) A RESOLUTION THAT FEDERAL GOVERNMENT LEADERS GIVE RECONSIDERATION TO PRESIDENT BUSH’S PROPOSED MASSIVE REDUCTIONS IN FEDERAL FUNDING LEVELS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND, FOR OTHER PURPOSES. Alderman Lewis stated that the resolution is expressing support for one of the largest grants received by the City, which helps low and moderate income citizens. He noted vast concerns at the National League of Cities meeting in Washington regarding federal funding cuts. He asked the City Council to support the Resolution and it being forwarded to the President. Alderman Lewis moved, seconded by Alderman Stroud to Read Resolution 581. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 581. 5 Alderman Elliott moved, seconded by Alderman Lewis to approve Resolution 581 in its entirety. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Swaim asked those wishing to attend the Municipal League Meeting fill out the handout or contact Michelle in his office. He noted that the meeting will be held the 15, 16, & 17 of June. He encouraged attendance for those having interest in some portion of the curriculum. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 7:00 P.M. – 7:40 P.M. Mayor Swaim noted that the construction regarding the annexation to City Hall is well in progress, and the bulk of the fountain at the Chamber of Commerce has been completed with an expected finish in early June. He then stated that the aquatic park is scheduled to be open to the public thth on the 28 of May, with an opening ceremony on the 27. He stated that the South Road project is moving along, noting that there is curb and gutter on approximately ¾ of the entire project. He added that the pavement list is currently being formulated. Mayor Swaim then answered that Code Enforcement has a full staff at this time, adding that additional manpower could be used with a greater concentration towards cleanup and grass. He noted that as construction in the City increases, that becomes the main activity for the Code Enforcement Officers. He related that Code Enforcement spends a good portion of time on the clean-up issues as well. Alderman Howard voiced concerns regarding house numbering and difficulties for emergency vehicles to locate the proper house. Mayor Swaim related efforts by the City to enforce house numbering, asking anyone who is aware of a house without proper numbering to contact the Code Enforcement Department. In response to a question posed by Alderman Fletcher, Mayor Swaim stated that the Arkansas and American Flag in front of City Hall will be replaced with new ones. He related that the old flags will be properly disposed. Alderman Fletcher raised concerns regarding the issue of dog bites, adding that certain breeds seem to always be among the top three where dog bites are concerned. He stated that the City Council may need to consider the possibility of banning certain breeds inside the City. He noted that last year there were 57 dog bites and that 15 of the cases involved Pit Bull dogs. He noted that Pit Bulls and Rottweilers are the top three animals involved in bite cases. He stated that other cities have addressed the issue and the City of Jacksonville needs to consider addressing the issue as well. 6 Mayor Swaim pointed out that some years ago the City Council proposed similar action, and the animal rights groups became vocal and the City Council choose not to enforce an ordinance. He added that it may be time again to consider new legislation. Alderman Stroud agreed with Alderman Fletcher, saying that public safety takes priority over any concern that animal rights groups may have. In response to a question from Alderman Stroud, Director Oakley explained that a dog that may have bit his owner may not be necessarily declared vicious. He added that dogs that are declared vicious are euthanized. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 7, 2005 7:00 P.M. – 7:40 P.M. Alderman Fletcher stated that certain breeds have a reputation for being vicious, pointing out that those breeds are allowed in the City of Jacksonville. Director Oakley related his concern for an increase regarding certain breeds in the City of Jacksonville that are being banned in neighboring cities. He stated that he has asked the Animal Control Department to combine any statistics over the years that may support an increase in certain breeds. He concurred that there has been a rash of dog bite cases as well as an increase in stray animals this year. Mayor Swaim asked that anyone interested meet with City Attorney Bamburg regarding the formation of an ordinance. Alderman Lewis complimented CDBG Director Theresa Watson regarding the information she supplied for the meeting in Washington. th Mayor Swaim announced that the Finance Department won it 7 consecutive finance accounting award. He added that Jacksonville is one of only seven cities in the State of Arkansas to receive that accolade and the City of Jacksonville has the smallest population of any city to receive that award. He noted that the award not only includes all cities in the United States but also includes Canada. He added that very soon the Finance Department would compete for an additional finance award. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:40 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7 8