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04 JUL 15.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 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 July 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, Sansing, Ray, Fletcher, Stroud and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Aldermen Lewis and Rinker were absent. Alderman Twitty arrived at approximately 7:18 p.m. PRESENT eight (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Twanya 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, Police Captain J.J. Martin, Fire Chief Vanderhoof, Water Department Superintendent Ken Anderson, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Glenda Fletcher, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of June 17, 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 3 June 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2004. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 29 Building Inspections 109 Business License 8 Electrical 107 Plumbing 110 HVACR 58 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 137 Notice of Noncompliance 6 Property Mowed 5 Towed 0 Trash Letters 20 Trash Removal 12 CONDEMNATIONS Cost for December $ 219.00 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2004. Said report reflects the Total Value of Reported Stolen Property $120,838. Total Value of Recovered Stolen Property $78,460 and Total Report Sales $432.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2004 from the Jacksonville Fire Department, which reflects a fire loss of $334,500.00 and a savings total of $265,500.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for June 2004. Said report reflects: ADOPTION/FINES: $ 609.50 CONTRIBUTIONS: 0.00 TOTAL: $ 609.50 In response to a question posed by Alderman Stroud, City Engineer Whisker reported on condemned properties located on Pike and Roosevelt. He stated that the extensions granted by the City Council have expired as of one month ago. He related that efforts have been made on Pike with less effort showing at Roosevelt. Alderman Stroud suggested that another letter be sent to the owner on Roosevelt outlining a deadline for the completion of the repairs. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Fletcher, Stroud and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: DEVIATION IN AGENDA: GENERAL: b. Master Water Plan presented by Garver and Garver Mr. Thad Gray introduced Mr. Kirby Roland Vice President of Garver & Garver Engineering. He related that Mr. Roland has worked with the Water Department for the past thirteen years on various projects. He stated that Mr. Roland serves as the manager of the environmental department at Garver & Garver, obtained his civil engineering degree with the University of Arkansas, and has been honored with the Arkansas Academy of Civil Engineering. He stated that the present Master Study is the third five-year master study that they have performed for the Water Department. He stated that a lot happened in the late 90’s and the early 2000’s, explaining that in the late 90’s the Water Department had to consider numerous avenues for water production. He stated that since that time partnerships have been developed with Central Arkansas Water; North Little Rock and Little Rock Water have merged; adding that Jacksonville Water has been a partner with them since 1978 under contract and have CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. received 3 million gallons of water daily on a steady flow from Central Arkansas Water. He stated that for many years Jacksonville has had water wells to the east and there have been many studies regarding the long-term available and dependability of that water source. He stated with that partnership they have moved forward with a vigorous campaign to maintain the outstanding quality of water. He stated that if action is not taken in the next five to six years we may not have the water that we need. Mr. Kirby Roland stated that the current Master Water Plan was completed in 2003, adding that the Jacksonville Water Commission has adopted the plan and it is on file with the Arkansas Department of Health. He added that in accordance with State law it was submitted to and approved by the Arkansas Soil and Water Conservation Commission to be adopted to the Arkansas Water Plan for water plan compliance. He stated that this is the current plan to continue to provide the quality of water that Jacksonville now enjoys. He stated the goal to continue to find the best water source for Jacksonville now and in the future. He noted that Jacksonville is surrounded by other water systems such as Central Arkansas Water, North Pulaski, Cabot, Bayou II, and Furlow on all sides. He stated that this is the limitation of growth as far as water service. He outlined the water rights service areas for Jacksonville, which has been adopted by the Soil, and Water Commission. He stated that population projections were taken into account in studying the future needs of Jacksonville, noting that Jacksonville has had a fairly low growth rate with approximately 30,000 in population. He stated that it is projected that Jacksonville will have approximately 35,000 in 2020 if the current growth rate continues. He stated that a study just completed by the Mid-Arkansas Water Alliance, of which Jacksonville is a member, has projected the population to be 44,000 in 2050. He related that the growth rate is used to project future water needs, adding that in 2020 it is estimated 7 million gallons on the average with 12 million on maximum days. He noted that the current average is 4.5 million. He stated that water system that includes water storage tanks, the distribution system, pump stations and water plant are designed to provide maximum day water. He stated that by 2020 Jacksonville would need to be able to provide 20 million gallons daily. In response to a question, Mr. Roland reminded the City Council that previously Jacksonville was supplying between 1 and 2 million gallons daily to Cabot before they built their own well field and treatment plant. He stated that Cabot plans to obtain water in the future from Central Arkansas Water. He stated that currently Jacksonville purchases 3 million gallons of water daily from Central Arkansas Water and the remainder is supplied from the well field. He noted that the treatment plant that takes water from the well field currently treats approximately 8.5 million gallons daily, which is the limitation it can treat. He noted that wells are the least expensive water that is used in the system. He stated that CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. Jacksonville takes water from the Alluvial Aquifer, referring to a chart that shows that in the last 30 years it has dropped almost 30 feet, fairly continual. He stated that Jacksonville is getting close to the bottom of that water supply and as the water drops the quality of water tends to drop. He stated that each of Jacksonville’s wells have monitoring wells which allows them to continually check the Aquifer level. He related that Jacksonville has eleven wells, two of which are inactive, one is pumping sand and the other has low quality water. He stated that well #12 has just been approved and is under construction to replace one of the well lost, adding that the well should be on line in the next 30 days. He stated that for example in well #3 you can determine a continual decline of the aquifer level but a slight rise due to the heavy rains but overall it is expect to continue to decline. He stated that in projecting out, well production may become unusable in 2015 give or take five years. He stated that the capacity of all eleven wells will decline to the point to where there will not be enough water to the water plant for the smallest pump-to-pump water. He stated that the chart shows that as the years go by the amount of water to be purchased from Central Arkansas Water will need to be increased. He stated that the City will need to obtain water from another source, adding that past reports regarding source water examined the Arkansas River, Bull Creek and Greer’s Ferry as supplemental sources but the cost was astronomical. He noted that costs came in over two hundred million dollars. He pointed out that since 1997 North Little Rock and Little Rock joined to become Central Arkansas Water and MAWA was formed and is looking for the future source for the entire Central Arkansas area. He noted that MAWA covers approximately ten counties and has 26 county members and are currently looking at a request to the Corporation of Engineers to obtain water from lakes for future use. He stated that Central Arkansas Water has good quality water and has the capability to provide water with the Wilson plant that treats 150 million gallons daily and the Ozark Point Plant that can treat 24 million gallons daily. He noted that the capacity is there, the question is how to get the water to Jacksonville. He related that Jacksonville, Cabot and North Pulaski joined together with Central Arkansas Water to determine the best plan to build additional pump stations and pipe lines to get water to those areas, adding that everyone would pay their proportional share which would keep the cost of water low in terms of the gallons per thousand. He stated that the facilities would be built over the next six years. He reviewed the projects funded and currently under construction regarding pipelines from the Wilson Plant to the Arkansas River. He stated that project D is in the planning stage regarding two pipe lines across Interstate 430 bridge, adding that the pipeline would continue basically following the existing pipelines at Pike Avenue and on through Gravel Ridge. He stated that the pipeline will enable Jacksonville to take up to 6 million gallons daily, adding that there would be a second connection at Kiehl Avenue, which would connect to the system to handle another 6 million gallons daily making the projected 12 million needed. He related that there would be some internal projects needed in order to get the water to the customers. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. He outlined the internal projects including an additional pipeline from the West Plant to Paradise and the Marshall Road tank. He noted that a better option to the pipeline from Kiehl Avenue going up 161 would be up the railroad tracks where a third tank would be installed to meet fire flow and storage needs as required by Health Department. He then reviewed the cost estimates, culminating in Jacksonville’s share being approximately $18,731,000.00. He noted that Jacksonville has a trust fund regarding monies saved for the project totaling 6 to 7 million dollars. He stated both his firm and the firm of Engineering Economic Services were hired to do a cost of rate study to determine what would be the best way to fund the remainder of the project. He stated that the study is still in progress, but it is felt that one rate increase would be too large. He stated that they are looking at staggered rates that would be covered over several years to lower the impact of those costs. In response to a question posed by Alderman Smith, Mr. Roland related that the outstanding funds is approximately 12 million dollars, adding that as bids are taken it is hoped that cost estimate will decrease. Alderman Fletcher question if once the new system is on line would Jacksonville still be dependant on wells and how many pump stations would be involved in the project. Mr. Roland answered that Little Rock has a couple of large pump stations at their plant site and that pump station #2 will be used to pump water to Jacksonville. Alderman Elliott expressed his appreciation to the Staff and Commission. Mayor Swaim stated that water is an item that can make or break a community, adding that many years ago the City was able to secure the 3 million gallons and now has the capability to allow Jacksonville to have water for many years into the future. He noted that, as with most progressive moves there is a price. He noted that when the study is completed the Water Commission would return with their proposal. RESUME AGENDA FIRE DEPARTMENT: FEMA Fire Prevention Grant Request to approve 10% match Chief Vanderhoof stated that in 2003 the Fire Department applied for a FEMA Fire Grant of $79,000 that was received which finished the air pack project. He added that there were remaining funds for fire prevention regarding cities with a fire prevention program in place. He noted that Jacksonville had incorporated a fire prevention program many years ago. He explained that the City has one of only a few safety houses in Arkansas, adding that there are numerous requests from other communities to utilize the fire safety house. He stated that currently a rescue truck is used to transport the safety house, tying up a vital piece of equipment. He related that the Fire Department applied for a grant of $49,000.00 to be used to purchase a vehicle to transport the safety house and $2,000 for smoke detectors and $2,000 for batteries. He stated that the grant from FEMA is $44,100.00 and the City match would be $4,900.00. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. Alderman Stroud moved, seconded by Alderman Smith to accept the grant and approve the expenditure of $4,900.00 from the Capital Improvement Fund. Chief Vanderhoof noted that in the past two years the Fire Department has received $175,000 in grants. At this time, MOTION CARRIED. POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: Request to accept Asphalt Overlay bid Mayor Swaim noted that since the milling price came in lower than expected regarding the lowest bidder, additional streets could be added to the asphalt overlay list. He stated that the new amount is $221,545.90 as opposed to $184,579.41, which is within the budgeted amount. Alderman Stroud moved, seconded by Alderman Smith to accept the low bid from Freshour Construction in the amount of $221,545.90 at $40.98 per ton for the asphalt and $1.20 per square yard for milling. MOTION CARRIED. PLANNING COMMISSION: FINAL PLAT Crowder Industrial Subdivision Mayor Swaim stated that Crowder Industrial Subdivision is a one-lot subdivision on General Samuels Road that belongs to the City as part of the Industrial Park. He explained that the City had an opportunity to sell a portion of the property, which required being subdivided. Alderman Elliott moved, seconded by Alderman Smith to approve the Final Plat of the Crowder Industrial Subdivision. MOTION CARRIED. GENERAL: a. Martin Street Waterline Relocation Mayor Swaim explained that the City has an opportunity to project share cost with the Water Department since the Water Department had scheduled upgrading to better supply water to all the customers in conjunction the City building the new pool. He noted that if approved the funds would be taken out of the Capital Projects Fund. Mr. Mushrush noted that the shared upgrade costs from a 4” to 6” water line would be approximately $18,592.00. Alderman Elliott moved, seconded by Alderman Ray to approve expenditure cost of up to $20,000.00 to be drawn from the Capital Projects Fund. MOTION CARRIED. c. Presentation Waste Management/Two Pines Landfill by George Wheatley Mayor Swaim stated the item has been rescheduled for the Regularly Scheduled meeting of August 5th. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. d. DISCUSSION amendment to Loud and Raucous Noise Ordinance Alderman Stroud stated that he had spoken previously with former Chief Ruthven regarding his concerns, and has since attended a workshop at the Municipal League dealing with loud and raucous noises. He related that in speaking with Chief Baker he learned that the City receives approximately 80 noise complaints monthly. He stated that currently officers have to carry a decibel meter in order to measure noise complaints. He stated that he feels that the Ordinance, as written, is not doing the job. He stated that he would like the City Council to appoint a committee to work with a Police representative to amend the present Ordinance. Alderman Twitty stated that it would be hard for the Police to track noise complaints regarding passing vehicles, adding that if it were a noise complaint regarding a house they would be able to arrive on the scene in time to witness the complaint. Discussion ensued regarding the various types of noise complaints received by the Police Department. Alderman Fletcher stated that to his understanding it has always been a logistic matter requiring a decibel meter reading in order to cite someone. Alderman Ray stated that when the Ordinance was originally adopted issues regarding decibel meters were discussed and he had thought that the Ordinance allowed an officer to respond to noise related calls at houses without a decibel meter and stop cars with boom boxes. Mayor Swaim stated that the present Ordinance requires a decibel reading regarding court enforcement not so much for police enforcement. Captain J.J. Martin responded to a request from Alderman Smith to address any Police concerns, saying that the Police support Alderman Stroud’s effort to modifying the Ordinance. He stated that the Police find it frustrating to respond to a call because without the decibel meter it will not hold a conviction in court. He offered that the Police would be willing to work with the Committee and offered that at one time he had researched the issue under former Chief Ruthven. He then explained the difficulties in obtaining an accurate reading using a decibel meter regarding the base and octave level adjustments. He stated that the biggest complaint that they have is cars with loud music, adding that it is frustrating for an officer to pull up next to a vehicle with loud music and not be able to do anything about it. He stated that Police Department would support an ordinance that is enforceable. Aldermen Howard, Smith and Fletcher volunteered to serve on the committee. Alderman Fletcher suggested that someone from the music equipment profession be included on the committee. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P.M. – 7:50 P.M. MASTER STREET PLAN Alderman Smith moved, seconded by Alderman Elliott to suspend the rules and place the item of setting a public hearing on the agenda. MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Smith to set a public hearing at 7:00 p.m. for the regularly scheduled City Council meeting of August 5th regarding amending the Master Street Plan. MOTION CARRIED. APPOINTMENT(S): HOSPITAL BOARD APPOINTMENT Alderman Smith moved, seconded by Alderman Elliott to approve the appointment of Mr. Mac McAllister to the Hospital Board for term to expire 06/30/2009. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim announced that Alderman Kenny Elliott was elected District 2 Vice President for the Arkansas Municipal League. ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:50 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer