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95 MAR 16.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on March 16, 1995 at the regular meeting place of the Council. Alderman Smith delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL: Mayor Swaim also answered ROLL CALL and declared a quorum. He expressed appreciation for those in attendance. Others present for the meeting were: Mayoral Aide Michael Beeman, Mayor's Secretary Bertha Tipton, City Attorney Robert E. Bamburg, City Engineer Duane Reel, Public Works Director Skip Spears, Police Chief Larry Hibbs, Fire Chief Rick Ezell, CDBG Director Tony Ply, Annabelle Davis, Planning Commissioner Kenny Elliott, Park & Rec. Commission Chairman Pat Bond, Mrs. Judy Swaim, Mrs. D.D. Hibbs, other city employees, interested citizens and members of the press. INTRODUCTION: Mayor Swaim recognized Police Chief Hibbs who in turn introduced Officer Tim Welsh and ICO, a K-nine, the second dog to be purchased by the city for use in the Police Department. Chief Hibbs stated that the two and one-half year old dog and Mr. Welsh have completed their training, are certified by their instructors, and are on the job adding that he is very impressed with the pair pointing out that they are of great value to the department. He related that the dog does building searches, tracks, is certified for four different types of narcotics, and will detain a person if they try to flee. He said that two shifts are covered with the aid of police dogs. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of March 2, 1995 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Wilson that the minutes of the Regular City Council Meeting of February 16, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Reports were submitted by: Animal Control Dept., Police Department, Fire Department and CDBG Department. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. ANIMAL CONTROL: REGULAR MONTHLY REPORT/FEBRUARY 1995 Alderman Wilson moved, seconded by Alderman Lewis to APPROVE the monthly Animal Control Report for the month of February 1995. Report reflects the following: CONTRIBUTIONS..............................$ 25.00, ADOPTION/FINES ............................$ 524.50, SECURITY DEPOSITS..........................$ 150.00, TOTAL...................................... $ 699.50. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. POLICE DEPARTMENT: REGULAR MONTHLY REPORT/FEBRUARY 1995 Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report of the Jacksonville Police Department for the month of February be APPROVED. Said report reflects: Computer Collections, $54,514.28, Miscellaneous Payments $546.25, Report Copies $276.00 for a total Collections of $55,336.53 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT: REGULAR MONTHLY REPORT/FEBRUARY 1995 Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report for the month of February 1995, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $227,600.00) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. CDBG: REGULAR MONTHLY REPORT/FEBRUARY 1995 Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report for February 1995, of the Community Development Department be APPROVED. Said report reflects: Informal Meetings ....................................... 2 Public Hearings.......................................... 0 a. Letters to prospective applicants..................... 4 b. Applications received................................. 2 c. Bids advertised ...................................... 0 d. Work write-ups & estimates ........................... 4 e. Pre-construction conferences.......................... 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. f. Appraisals & Environmental reviews ................... 2 g. Interim Inspections ..................................17 h. Final Inspections .................................... 1 i. Emergency Inspection ................................. 2 j. Partial payments ..................................... 0 k. Project Close-outs ................................... 1 l. Warranty Repairs ..................................... 2 m. Rehab mortgage released............................... 1 Public Works: a. Bids Received ........................................ 0 b. Interim Inspections...................................14 c. HUD Workshops......................................... 0 d. Project Close-out .................................... 1 e. Contract Awarded ..................................... 0 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: Retirement Program "Millage" Alderman Keaton expressed that he placed the item on the agenda to discuss the soundness of the Fire Pension Plan which affects the retirement of numerous firemen. He added that he would like for the Council to consider a special election regarding a millage increase in efforts to make the program actuarially sound. There was a general discussion regarding the LOPFI Plan and the Fire Pension Plan with Chief Ezell giving an update with regard to the establishment of the State LOPFI Plan in 1983 into which police or firemen hired after January of that year became a participant with regard to retirement. He said that it was not possible to participate in the "Old Plan" after that time. He said that many firemen remained in the "Old Plan" which receives funds by millage, approved by the voters in the sixties amounting to 1/2 mill. He related that in the eighties the roll-back put millage contributions at 3/10 of a mill. He said that the plan receives insurance turnback money on all property insurance sold within the state and the county pointing out that it is proportioned between LOPFI and the "Old Plan" with regard to CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. membership in each plan. He said that there are more LOPFI members in the Jacksonville Fire Department than there are participants in the "Old Plan" of retirement making state contributions more in the LOPFI plan. He said that the City pays a 6% match and that employee contributions are now 7%. He said that LOPFI participants contribute 6% of their salaries into that plan plus insurance turnback money and money mandated by the State from city contributions. He said that the LOPFI plan is mandated for actuarial soundness in this manner. He said that actuaries have been done on the local plan pointing out an election in 1992 which failed by fifty (50) votes to increase millage collections for the "Old Plan". He said that the try in the 1994 General Election was lost by a greater margin than fifty (50) adding that confusing issues on the ballot may have affected the passage of the millage increase item. He said that, in the general consensus of the pensioners in the "Old Plan", a special election, with one issue to explain as to the condition of the plan to the voters, is desirable. He pointed out Pension Plans in other cities which sought millage increases in a special election which were effective. Chief Ezell related that the additional income generated into the plan would generate enough money to save the plan. He said that the increase on an average household in the city would only increase taxes approximately ten dollars annually. Captain Bill Plunk informed the Council that at the end of 1994 an analysis of plans across the state with regard to actuarial soundness. He said that Jacksonville is rated as a class "D" type plan with a projection to curtail benefits after fifteen years. He said at this time the plan is approximately $90,000.00 short noting that at the end of the year an actuary report will be done with the expectation that the shortfall will reach about $110,000.00. Chief Ezell mentioned state legislation, pointing out House Bill 1561, which establishes a guaranty plan whereby the turnback money would be used to help plans which were unsound. He said that one of the qualifications is that the plan seeking help is drawing a full mill from the local resource. He said that the bill is in committee at this time. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. Alderman Keaton moved, seconded by Alderman Knight that as soon as is practical, with timing worked out by the City Attorney and Fire Chief Ezell, that an Ordinance be drafted and that funding from the Election Fund or the Contingency Fund be approved for a Special Election to increase millage collections to one mill with regard to the Jacksonville Firemen's Pension Fund. MOTION CARRIED. Mayor Swaim said that ten thousand dollars was budgeted in the 1995 budget for elections noting that the charge can run from three to seven thousand dollars. POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: ANNUAL REPORT Mayor Swaim asked the Council for comments. There being none, he asked that they review the report and bring any questions before the Council at their next meeting. SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Resolution 478 (#2-95) Application for Enterprise Zone/Wright's Cabinet Shop A RESOLUTION AUTHORIZING ENDORSEMENT BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR WRIGHT'S CABINET SHOP, INC.'S PARTICIPATION IN AND EXPANSION THROUGH THE ARKANSAS ENTERPRISE ZONE PROGRAM; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Sansing that Resolution 478 regarding an Enterprise Zone application for Wrights Cabinet Shop be read. MOTION CARRIED. City Attorney Robert Bamburg read the resolution. Alderman Fletcher moved, seconded by Alderman Lewis that Resolution 478 (#2-95) be APPROVED. MOTION CARRIED. b. Proposed Update on Policy Manual Mayor Swaim pointed out that the information before the Council should be reviewed with questions at the next regular meeting at which time an Ordinance, upon the advice of the City Attorney, will be presented for action. Mr. Bamburg said that state and federal CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. law would preempt whatever is covered by the policy manual but because the manual was passed by ordinance, any changes or modifications need to be approved by ordinance as well. Mr. Beeman pointed out that the changes are mainly a "clean-up" of wording mentioning in particular the Family and Medical Leave Act, and transfers and reassignments. c. Resolution 479 (#3-95) The "Takings Bill" (Private Property Protection Act) A RESOLUTION URGING DEFEAT OF PENDING ARKANSAS HOUSE BILL 1726; AND, FOR OTHER PURPOSES. Mayor Swaim related that the bill has gone before the Planning Commission and the City Attorney. He pointed out that there is a lot of confusion regarding the bill pointing out that the Municipal League has been accused of making some false statements which could not be proven by the sponsor of the bill. Mayor Swaim pointed out the effect that the definition of "Regulatory Process" with regard to zoning acts, street development, and expansion would have on the City of Jacksonville. He related that property owners ability to sue the City would increase and that anything done to promote growth would be limited with passage of the bill. There was a lengthy discussion regarding the interpretation of the bill both advantageous and detrimental. Mayor Swaim pointed out that there will be flood insurance ramifications, zoning changes, general overall growth hindrance to annexations, right of way acquisitions etc. He related that it has been requested that the changes regarding green areas and overlay districts be addressed and that zoning and planning be left as they are at present by state law. He said that possibly setbacks could be considered a taking and could cost the city monetarily. City Attorney Bamburg said that in his opinion the main change affects the method of property evaluation with regard to payment made to citizens affected by action by a municipality whether it be easement, zoning, annexation, setbacks etc. He pointed out that development costs related to streets, water and sewer, drainage and the like back on the municipality. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. He said that he feels attorney's will attack the method of evaluation which could be extremely costly to municipalities. Commissioner Kenny Elliott shared information regarding the "Takings Bill" received at an Arkansas Planning Assn. workshop in Hot Springs, AR. He said that the Arkansas Planning Association as well as Municipalities are definitely opposed to the bill. He said that basically annexation will be virtually killed mentioning that compensation may have to be made to property owners affected by environmental restrictions. He said that he saw no advantage to the City in passage of the bill. Mayor Swaim pointed out that contacts to state legislators should be made by citizens with regard to passage of the bill. He encouraged each member of the City Council to send a copy of the resolution to their senator. Fair market value was discussed. City Attorney Bamburg stated that appraisals used at this time have three particular standards that are followed and based on the use of the property an appraiser arrives at a fair market value. He said the "Takings Bill" changes fair market value in the method of what is included in the definition, what can be compensated for, the takings of setbacks, the inclusion of zoning classifications, broadening the whole scope which is not in place now. He related that in the normal nature of getting easements and rezoning activity it is to the point where it is so vague, its interpretation will mean any and everything. Mayor Swaim voiced that he is not opposed to compensating people for the value of their land, that his opposition to the bill is that it will restrict the city from doing what it needs to do. Other discussion included past decisions of the Council regarding a rezoning request of a parcel adjoining Dupree Park and drainage improvements which might have cost the City money under the guidelines of the proposed legislation. Alderman Knight related information regarding Representative Doug Wood's vote for the bill because he personally felt he was not compensated properly for a parcel of land. Mayor Swaim noted that Representative Bennett voted NAY. Alderman Knight moved, seconded by Alderman Smith to read Resolution 479 (#3-95). MOTION CARRIED. City Attorney Robert Bamburg read the resolution. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING March 16, 1995 7:00 P.M. - 8:00 P.M. It was pointed out that the Farm Bureau is a strong supporter of the "Takings Bill". Alderman Knight moved, seconded by Alderman Smith to APPROVE Resolution 479 (#3-95). MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim announced that the City Council is officially invited to a Planning Seminar set in place by the Planning Commission for 17 April 1995 at which information will be given by Metro Plan regarding the expansion and growth of cities in a six county Central Arkansas area. Alderman Reedie Ray announced that the Board of the Jacksonville Towers voted to rename the towers building "The Jacksonville Herb Binghaman Towers". He said an official letter would be forthcoming to name the street leading from South Hospital to the Towers, "Binghaman Street". Mayor Swaim pointed out that the street is considered a private drive and not considered a city street. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer