01 DEC 20.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 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 December 20, 2001 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, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8),
ABSENT (2).
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, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Interim Police Chief Ken Bouillon, Fire Chief Vanderhoof,
Parks and Recreation Director George Biggs, Parks and Recreation Information Marketing Manager Annabelle Davis, Aquatics Instructor Diane Novotny, Parks Assistant Administrator Patty
Walker, Planning Commission Chairman Art Brannen, Parks and Recreation Commissioner Chairman Marcia Dornblaser, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of December 6, 2001 for approval and/or correction at the next Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 15 November 2001 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Lewis that the Regular Monthly Report for November be APPROVED. Report reflects; Total Value of Reported Stolen Property $66,990.00, Total
value of Recovered Stolen Property $32,847.00, Total Report Sales not reported.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report of November 2001. Said report reflects an estimated fire loss of $27,500.00 and a saving of
$64,000.00.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report of November 2001.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 14 Building Inspections 24
Business License 8 HVACR 16
Electrical 54
UNSIGHTLY & UNSANITARY Plumbing 49
Grass Letters 8
Property Mowed 2 VEHICLES
Trash Letters 109 Notice on Noncompliance 23
Trash Removal 2 Towed 3
Cost for November $ 764.00
CONDEMNATIONS
Structural Maint. Letters 0
Structural Repairs Made 0
Demolitions 0
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. (0) voted NAY. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
STREET DEPARTMENT:
PARKS AND RECREATION: Martin Street Pool Proposal
Mayor Swaim recognized Parks and Recreation Commission Chairman Marcia Dornblaser.
Mrs. Dornblaser related two-year efforts by the Commission to build a new pool facility, saying that plans were revised to hold costs within a two million dollar budget. She presented
drawings of the final design, pointing out that the orientation of the pool has changed toward Martin Street. She stated that the change trimmed the total cost down to 2.6 million,
but stressed that the diagrams did not feature a second slide that is being proposed. She related that pool slides are a revenue producing big trend, explaining that it will be an additional
cost above pool entry fees. She related that a second slide was heavily recommended by other municipal facilities of similar design. She related that total budget costs are approximately
$2,108,249, including provisions for the second slide and any construction cost overrun. She stated that construction costs for the pool area is 1.4 million and would be 1½ larger in
water surface than the current pool. She related a significant savings by changing the location of the pool, because of not having to move park equipment. She pointed out that the
architects and Diane Novotny projected the operating budget for the new facility.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
Discussion ensued as to the location of the pool and the parking area. Mrs. Dornblaser pointed out the proposal for a new entry by extending the street facing south east of the facility,
which produced an additional cost savings.
Mayor Swaim stated that Council has consented to the proposal, adding that timing and financing would be the remaining considerations.
It was noted that the Parks and Recreation Commission is waiting to hear the results of a possible grant.
Mrs. Dornblaser stated that the budget figures were erred to the high side; and that the artist rendering would be used for display to offer the public an opportunity to view the facility
prior to construction.
In response to a question from Alderman Fletcher, Engineer Mizan Rahman related that the pool structure and the plumbing have a live expectancy of 30 to 40 years. He commented that
the desire to change fixtures (pool toys) would happen faster than the life of the pool itself. He stated that the pool is designed to accommodate 10” pipe toys, making it very easy
to change out features in the future. He explained that the pool design would accommodate a certain number of pool toys, adding that the density of proposed toys is plenty.
Mrs. Dornblaser related that in attending a national pool seminar, she learned that the current number one trend is the “zero-depth” entry similar to the beach entry at “Wild River Country.”
She related that the design of the pool is family friendly and features a variety of toys for various age groups. She related that the facility would also feature a shaded area, which
is very popular.
In response to a question posed by Alderman Ray, Mrs. Dornblaser related that the Health Department has extended a permit for the current pool to open next year, adding that facility
completion is projected to be the summer of 2003.
It was noted that annual projected operating costs for the first five years is $101,560, making additional operating costs approximately $70,000 annually.
Mayor Swaim related two issues that hinder the City from committing to Capital projects currently is the possible payback of 1.7 to 1.9 million dollars regarding the use tax lawsuit
and the loss of an additional $500,000 annually from the existing budget if the lawsuit is lost.
City Attorney Bamburg related a decision should be forthcoming in May.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
Mayor Swaim related that those two issues and the possibility of receiving a grant are factors in the financing. He suggested that the City Council revisit the proposal once the lawsuit
settles, giving the City an opportunity to have a clearer ideal of projected revenue. He mentioned the current economy downturn and stated that he hoped an answer regarding the lawsuit
is forthcoming.
In response to a question posed by Alderman Smith, Mayor Swaim related that the grant request was for $250,000, adding that as expected grant request were four times the available amount.
He related the need to resolve questions regarding future income, pointing out that operating costs were held, with the exception of Parks and Recreation, in every department until
the lawsuit is settled, and income projections allow a move forward.
Alderman Elliott questioned when construction would need to begin to ready for the 2003 season.
Mr. Rahman stated that construction period would be approximately nine to twelve months.
Mayor Swaim stated that hopefully there would be good news regarding the lawsuit, adding that the City needs the opportunity to analyze five months of sales tax.
In response to a question posed by Alderman Smith, Mayor Swaim related that the lawsuit involves Pulaski County, explaining that it is the same lawsuit filed previously.
City Attorney Bamburg clarified that either side would appeal the ruling at this level, adding that resolution is not likely until it comes from the Supreme Court.
Mayor Swaim pointed out that the attorneys were able to keep cities from being forced to escrow money monthly. He explained that the plaintiff’s attorney had requested an escrow between
$450,000 to $500,000 annually so monies would be available. He related that if the lawsuit were lost, collection would go back to 1998. He explained that the lawsuit involves the ballot
title wording some years ago, saying that a suit was filed and was won once before. He then explained that the State Legislature passed an action that corrected the previous action,
and now the lawsuit makes the claim that the legislature did not have the authority to allow that. He concluded saying that is where the challenge currently stands, and that the argument
began over the ballot title regarding the one-cent sales tax for the County.
He stated that everyone appreciates the hard work of the Commission, adding that he hates to see it sit on the self for two or three months but hopefully answers are forthcoming.
PLANNING COMMISSION:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
GENERAL: a. RESOLUTION 555 (#15-01)
A RESOLUTION ENDORSING PARTICIPATION IN THE OZONE FLEX PROGRAM OF THE ENVIRONMENTAL PROTECTION AGENCY; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Ray to Read Resolution 555 (#15-01). MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution title.
Mayor Swaim related that the Metropolitan statistical area (MSMA) is non-attainable regarding the ozone. He explained that EPA and the State has decreed that cities would be under the
ruling to do certain things unless they agree voluntarily to make some concessions. He sated that the other Municipalities within the metropolitan statistical area have agreed to pass
a resolution to cooperate regarding methods of reducing air pollution within the area. He mentioned activities that contribute to increased air pollution, saying that voluntary programs
would help keep the City from coming under the non-attainment situations. He stated that the numbers support non-attainment, but would not be official for 6 months. He stated that
if the City enters the voluntary program then it can move at its own pace as opposed to being mandated how to remedy the problem. He stated that the non-attainment situation reaches
a 50-mile radius of the metropolitan area and is measured in North Little Rock.
Alderman Smith moved, seconded by Alderman Stroud to approve Resolution 555. MOTION CARRIED.
b. ORDINANCE 1169 (#23-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §5.16; MODIFYING RULES AND REGULATIONS FOR ITINERANT MERCHANTS, SOLICITORS, AND VENDORS IN THE CITY OF JACKSONVILLE; AND, FOR OTHER
PURPOSES.
Alderman Stroud related that the Ordinance has been revised to include previous recommendations from the Council, adding that other concerns were voiced regarding solicitation till 8:00
p.m. He commended City Attorney Bamburg for his research and ordinance presentation.
Discussion ensued and it was the consensus of the City Council to amend the solicitations hours to end at 7:00 p.m.
Alderman Fletcher moved, seconded by Alderman Stroud to place Ordinance 1169 on THIRD AND FINAL READING as amended. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher,
Stroud, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title.
Alderman Fletcher moved, seconded by Alderman Ray that Ordinance 1169 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard
voted AYE.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1169 THIS 20TH DAY OF DECEMBER 2001.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
c. MATHEWS PROPERTY UPDATE
Mayor Swaim related that the property is located at the intersection of School Drive and Hwy 161.
City Attorney Bamburg related some difficulty from the first appraiser not providing information or material as needed. He stated that he has obtained a second appraiser who has reviewed
the property and is gathering his comparatives, adding that a report would be forthcoming by the first of the year.
d. REQUEST TO ACCEPT BID for ANIMAL SHELTER ELECTRICAL SERVICE
Alderman Smith moved seconded by Alderman Stroud to approve the bid from Conrade Electric in the amount of $21,608.00 with funds to be drawn from the Capital Improvement fund set aside
for the Animal Shelter.
Discussion ensued regarding the difficulty to receive bids. Mayor Swaim related that the City has made all efforts to encourage bid offers, pointing out that on occasion some items
were sent to bid twice.
At this time, MOTION CARRIED.
e. ORDINANCE 1170 (#24-01)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2002 MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT FOR THE PURCHASE OF MATERIALS,
SUPPLIES, EQUIPMENT, AND SERVICES [COVERS: GENERAL FUND OPERATIONS, STREET FUND, AND SANITATION FUND]; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim stated that the overall increase in the budget is 3.83%. He related that scheduled raises based on the requirements of the previous salary survey were met. He stated that
the budget is balanced and that services have not been cut. He commended Mr. Mushrush for the extra time spent on the budget, saying that budget preparation is intense because it is
a line-item budget. He explained that line-items are compared to the previous years expenditure and justification is required for funding. He stated that personnel costs is the largest
portion of the budget, adding that diligence has been applied to keep the operations and Capital Improvement projects on track.
Mr. Mushrush stated that although a historical budget is presented, the approach is only historical from a reference point of view. He explained that current year operating costs and
revenues are projected out approximately five years regarding present knowledge and expected changes in the economy. He stated that this has been a prudent method and has been beneficial
to the City especially this year. He stated that in periods of economic uncertainty the first rule of thumb is to cut operating costs, pointing out that the budgetary process is the
primary tool to allow that. He added that the other element was a deliberate plan set for shortfalls in revenues. He stated that the largest revenues in the general fund are sales
taxes at 61%. He pointed out that the County sales tax difference from this time last year is $3,700., which represents a flat line. He stated that regardless of any use tax issues
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
the recovery period back to normal operation would be approximately three years. He stated that there would be slow growth over the next three years, adding that if a problem with the
use tax develops then our recovery period is going to be approximately five to six years. He stated that those factors are taken into account when adding to the operational burden,
adding that if there is no sustaining growth then it turns into the short-fall that other cities have fallen into. He stated that Little Rock and North Little Rock have fallen into
that category. He added that that Jacksonville has a specifically increased budget that has been very well thought out regarding the longer term. He related that there is approximately
5 weeks and 3 days of operating reserve in the General Fund. He stated that another factor to be considered is the perspective of what occurs over time, saying that on handouts included
in the budget he has taken the Parks and Recreation Department and extracted it out over a 10-year period regarding how money is spent and at what levels. He asked the Council to note
that when the Community Center was opened operating costs increased about 45 degrees as indicated on the supporting data. He then added that if you compare revenues relative to that
function they are flat. He stated the need to deal with changes in operating costs with good analysis. He related that he analyzes every electrical meter, gas meter, phone line, and
etc. for the budgetary process, adding that this is what is needed when considering operating costs for the new center. He related that there are specific ways to make realistic projects,
and has provided charts to help Council in their decision making process. He concluded saying that the City is up the task of excellence in budgeting and has proven it.
Alderman Ray expressed his appreciation for the extra work regarding the budget preparation and complimented Mr. Mushrush for a job well done. He related that when approached by employees
regarding raises he had expressed confidence for the coming year.
Alderman Smith related that being familiar with budget preparation, he is aware of what it takes in current times to balance a budget. He related that no one could have predicted the
September 11th tragedy, and the fact that so many people are being laid off. He stated that the City should place funds in a reserve regarding the lawsuit, and hopefully later the funds
can be used for City projects. He agreed that the City has done a great job.
Alderman Elliott expressed appreciation to all Department Heads, the Mayor, and Mr. Mushrush for presenting the Council with a good, detailed, easy to understand budget that does not
require “hashing out” in Council for seven hours as Little Rock had done.
Mayor Swaim mentioned factors that affected the budget, pointing out that $110,000 was absorbed into the budget regarding increased insurance costs and noted that insurance costs have
become so expensive that some adjustments must be made in the future. He then related another factor outside the control of the City, when the State legislature increased the retirement
percentage paid by the City into the LOFI program and APERS retirement for non-uniform employees.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
Alderman Elliott moved, seconded by Alderman Stroud that Ordinance 1170 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard
voted AYE. Whereupon City Attorney Bamburg read the Ordinance title.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1170 be accepted on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard
voted AYE.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1170 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher,
Stroud, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title.
Alderman Ray moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1170 on THIRD AND FINAL READING.
Discussion ensued regarding a 25% increase in appropriated funds for the Pulaski County Jail. Mayor Swaim related that he felt the County would ask for more funds than appropriated,
adding that Jacksonville is paying more than its fair share. He noted budget difficulties experienced by the County and noted efforts by the County to recover $700,000 from the State
and other efforts to keep non-violent criminals from being jailed.
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1170 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted
AYE.
Alderman Ray moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be attached. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1170 THIS 20TH DAY OF DECEMBER 2001.
Mayor Swaim thanked the Council for their support, saying that it was a difficult budget year.
Alderman Stroud related that the City is in good shape financially and noted that employees received the benefit absorbed by the City regarding rising health care costs as well as a
pay raise.
APPOINTMENTS:
Alderman Fletcher moved, seconded by Alderman Stroud to approve the appointment of William Montgomery to the Jacksonville Planning Commission for a term to expire 1/1/2005. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P.M. – 7:57 P.M.
Alderman Fletcher moved, seconded by Alderman Stroud to approve the reappointment of Art Brannen and Chad Young to the Jacksonville Planning Commission for terms to expire 1/1/2005.
MOTION CARRIED.
ANNOUNCEMENTS: Mayor Swaim announced that City Hall would be closed December 24th and 25th for the Christmas Holidays.
It was noted that bulk household pickup will be Wednesday through Friday following the Christmas Holidays and garbage pickup will be Thursday and Friday.
Mayor Swaim then related that City Hall would be closed New Years Day.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:58 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer