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Minutes for the City Council meeting on August 2, 2004
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CITY COUNCIL MINUTES - AUGUST 2, 2004
The Jonesboro City Council met Monday, August 2, 2004, at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk, Donna K. Jackson, City Attorney Phillip Crego and eleven council members. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. Councilwoman Williams was unable to attend. Councilman Perrin presided over the meeting in the absence of Mayor Brodell.
Councilman McCall moved, seconded by Councilman Province to approve the minutes of July 19, 2004, as provided. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy.
FINANCIAL REPORT - Mr. Flowers reported revenues were at 52% for June with a $1,000,000,000 increase over last year. He explained the increase was from sales tax, commercial sanitation fees, privilege licenses, fines, and state turn-back revenue. Mr. Flowers reported the overall expenditures were at 45%, a $42,000 decrease from last year, contributing the decrease, to only 12% being spent in the Capital Improvement Fund. Councilman Young questioned what areas had not been spent that had been budgeted for Capital Improvements. Mr. Flowers responded saying 3.6 million had been budgeted for capital improvement but through June only $442,000 had been spent. He explained there were approximately 15 to 20 appropriations that have not been expended naming, Corp of Engineers drainage project, Outdoor Grant, Hazmat Fire Grant, and ADA Street Specifications. It was explained that good information was not available on the front end, and that was the purpose of striving to provide for long range planning. Councilman Dover raised the question why there seems to be no follow through on some of the capital improvement projects, pointing out the projects have been approved by the appropriate council committees. One question raised was the ADA expenditures. Ms. Hackney responded saying the contracts have been let bringing the cost to over $200,000.00, and a separate account has been established for various smaller ADA projects. Councilman Young requested the list of appropriations for Capital Improvements be sent to each council member.
Councilman Moore moved, seconded by Councilman Street to address agenda item 11 on the agenda, setting a 60 day moratorium on Tax Increment Financing, over agenda item 6 which was a request to set a public hearing to establish TIF districts for Indian Mall, and Glenwood Limited Partnership. Attorney David Menz, representing clients who were requesting the establishment of the TIF districts, responded saying the request did not include the Project Plan and they were not asking for any financing. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy.
Councilman Moore moved, seconded by Councilman Street for the adoption of a resolution placing a sixty day (60) moratorium on the development of redevelopment districts or “TIF” known as Tax Increment Financing. Councilman Young questioned why a moratorium was being set and what committee had recommended it. Councilman Moore explained it had been discussed at the previous council meeting, that guidelines needed to be established. Councilman Young questioned if the guidelines were not set by state statutes. Councilman Farmer explained a TIF by state legislature definition could apply to any number of things, but does not provide for any guideline with the exception of the Project Plan. He explained a TIF district could be established without being properly zoned, or without an approved site plan. Councilman Farmer stated it would be prudent to establish basic criteria on the front end, prior to a flood of requests for TIF districts. With regard to the Turtle Creek Mall request for a redevelopment district and project plan, Councilman Farmer explained city council members were provided information in private meetings as well as public meetings that answered questions such as why the TIF was needed, the project cost, and laying out the plans for the redevelopment district. Councilman Young questioned Councilman Province saying within the past 20 years of being on the council how many TIF’s had been applied for. Councilman Farmer explained this was Amendment 78 which was just recently amended and adopted by the Arkansas State Legislature. Councilman Moore explained Turtle Creek was the first TIF approved in the state of Arkansas. A voice vote was taken resulting in a nine to two vote in favor of the moratorium. Those members voting aye were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, and McCall. Those members voting nay were: Young and Roddy. The resolution was assigned number 2004:63.
Attorney David Menz addressed the Jonesboro City Council stating the Redevelopment District statute was a two step process, and if a property owner requests a TIF, then a hearing must be set. He further stated where the city comes in is when the project plan is adopted. Attorney Menz contended if a property owner requests a public hearing, the statute states a hearing “shall” be set. City Attorney Crego was asked the question, can the city council deny a public hearing. Mr. Crego responded saying if the governing body decides to designate proposed boundaries for a redevelopment district, then yes they must hold a public hearing, but nothing requires a redevelopment district to be established. Councilman Farmer questioned how long it would be, before reapplication could be submitted, if a request is denied. Mr. Crego responded saying that was pursuant to city ordinance establishing the criteria. Councilman Moore questioned Attorney Menz if he would prefer having the public hearing set after the criteria has been established. Attorney Menz responded saying criteria would be difficult to establish because requests for redevelopment districts can be established for various reasons. Councilman Farmer proposed preliminary potential criteria for consideration by the City Attorney and council members. While Councilman Farmer agreed it would be difficult to be specific in the criteria, he contended that minimum requirements could be established on the front end prior to a request being brought to the city council. He explained the criteria was not so much to determine if a redevelopment district could or could not be established, but rather to give the council a “legal leg” to stand on, so not be accused of being arbitrary and cupreous. Councilman Moore questioned City Attorney Crego if the council could postpone the public hearing until the moratorium was over and criteria had been established. Attorney Crego responded saying yes the council has that authority. It was determined that the request for the redevelopment districts had been submitted prior to the moratorium being set, and the question was asked can the public hearing be set even though the criteria is being established. City Attorney Crego responded saying the public hearing can be set, if the council so chooses. Councilman Young moved, seconded by Councilman Roddy to set a public hearing for September 7, 2004, at 6:00 p.m. A voice vote was taken resulting in all members voting aye with the exception of Councilman Street who voted nay. Those members voting aye were: Farmer, Province, Hargis, Moore, Perrin, Young, Dover, Furr, McCall, and Roddy. The motion carried.
The following ordinance was on the third reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3), LOCATED ON THE SOUTHEAST CORNER OF WEST WASHINGTON AND WEST MATTHEWS (Francis Sowle)
Councilman Moore moved, seconded by Councilman Farmer for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. The ordinance was assigned ordinance number 3484.
Councilman Moore moved, seconded by Councilwoman Furr for the adoption of a resolution requesting City Water and Light to provide security lighting at the Fairview Park, E. Boone Watson Center, Miles Park, North Main Park and Parker Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. The resolution was assigned number 2004:60.
Councilman Young moved, seconded by Councilman Dover for the adoption of a resolution accepting the low bid of $439,999.54 and authorizing the execution of a contract with Arkoma Playground & Supply for the construction of playground, sprayground and bankshot basketball at the Rotary Centennial Park. It was explained a commitment by the Rotary Clubs of $240,000 had been deposited in the city’s budget. Jonesboro had fronted the money for the Rotary Club while applying for the park grant. With the Rotary Club commitment being met, it freed up funds in the 2004 budget. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. The resolution was assigned number 2004:61.
At the request of Jason Wilkie, Parks Director, agenda item number 9, a resolution authorizing the execution of a contract with Northeast Arkansas Tennis Association for the operation and maintenance of the Allen Park Tennis Complex was pulled. The reason the resolution was pulled was because of a conflict with the fee schedule.
Councilman Street moved, seconded by Councilman Young for the adoption of a resolution authorizing the execution of a contract with Red Cross designating Parker Park Community Center, the Earl Bell Community Center, the Allen Park Community Center, and the E. Boone Watson Community Center as American Red Cross shelters. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. The resolution was assigned number 2004:62.
Under new business, Councilman Street announced the Traffic Study was being worked on and there would be a public hearing scheduled for sometime in September.
Councilwoman Furr announced National Night Out for August 3, 2004, from 6:00 p.m. to 8:00 p.m. with the kick-off beginning at 5:45 p.m. in front of City Hall. Ms. Furr encouraged everyone to participate and stated they would be honoring Mayor Brodell who is leaving office January 1, 2005, for his support of the program.
Councilman Young moved, seconded by Councilman Farmer accepting the recommendation of the Nominating and Rules Committee for the following Boards and Commissions:
AIRPORT COMMISSION - Bryan Fulkerson with an expiration date of April, 2009.
AUDITORIUM COMMISSION - Scott Emerson with an expiration date of April, 2007. Judy Furr was appointed as a City Council representative.
CITY WATER & LIGHT BOARD - John Freeman with an expiration date of April 1, 2007.
JONESBORO CRAIGHEAD LIBRARY BOARD - Jean Pasmore with an expiration date of August 1, 2009, and June Morse with an expiration date of January 1, 2009.
MAPC - Bill Gott with an expiration date of February 7, 2006; Ken Beadles with an expiration date of September 20, 2006; and Mitch Johnson with an expiration date of April 30, 2006.
CRAIGHEAD COUNTY SOLID WASTE - Paul Bookout, Tom Rainwater, and Rick Wyatt all with an expiration date of July 31, 2007.
PARKS AND RECREATION ADVISORY COMMITTEE - Wilber Gains with an expiration date of January, 2005.
A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy.
Councilman Street moved, seconded by Councilman Moore for the adoption of a resolution authorizing the application of a FEMA Grant for Phase II of the Comprehensive Drainage Plan. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy.
The resolution was assigned number 2004:64.
Councilman Street offered the following ordinance for first reading:
AN ORDINANCE CREATING A PERMANENT TRAFFIC CONTROL REVIEW COMMITTEE
Councilman Moore moved, seconded by Councilman Street to suspend with the second and third readings of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. It was explained the ordinance was introduced for the purpose of resolving some confusion with recommendations for traffic sign proposals through the MATA program. A member of the MATA committee requested traffic sign requests be referred to the Metropolitan Area Planning Commission, while a different member wanted them to be referred to the Metropolitan Area Traffic Authority (MATA). It was discovered that MATA had not met in several years and was not a functioning committee. Councilman Moore moved, seconded by Councilman Dover for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. Councilman Street moved, seconded by Councilman Farmer for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Young, Perrin, Street, Dover, Furr, McCall and Roddy. The ordinance was assigned 3485.
Under Public Comment, Mr. Bob Wood addressed the Jonesboro City Council stating him and Aubrey Scott, the Mayor’s Assistant, had spent two hours touring Jonesboro and had determined that Murray Creek was not being maintained. He explained he was a member of the Code Enforcement Committee and advocated impoundments, stating there was Federal dollars available.
With no further business, Councilman Hargis moved, seconded by Councilman Moore for adjournment. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall and Roddy.