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Minutes from the City Council meeting on October 20, 2003
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CITY COUNCIL MINUTES - OCTOBER 20, 2003
The Jonesboro City Council met Monday, October 20, 2003, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Brodell, City Clerk, Donna K. Jackson, City Attorney, Phillip Crego and twelve council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy.
Councilman Perrin moved, seconded by Councilman Moore to approve the minutes of October 6, 2003. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy.
City Attorney Crego provided an update by Attorney Ralph Ohm and pending lawsuits. He stated the case with Southwind had been settled, and an amendment had been filed by Dr. Mackey regarding the abandonment of Ransom Lane, with no agreement reached regarding the Willet property.
The following ordinance was on the third and final reading:
ORDINANCE REQUIRING ALL PRELIMINARY AND FINAL PLATS OF SUBDIVISIONS OF FIVE ACRES OR MORE BE SUBMITTED IN A DIGITAL FORMAT TIED TO AT LEAST TWO OF THE JONESBORO GPS MONUMENTS
Councilman Perrin moved, seconded by Councilman Moore for the adoption of the ordinance. Mr. Terry Bare, of Hayward, Kenward, & Bare Associates speaking for a group of engineers, stated they were not opposed to making the ties but recommended the ordinance be more specific with regard to the “As Built” drawings. He explained they understood the intent on the construction drawings, but the ordinance needed to be specific as to the type of drawings needed. Mr. Claude Martin, Public Works Director explained they have never required anything by streets and drainage drawings. He explained once the ordinance is adopted a booklet would be provided listing the location of the monuments. Mr. Bare stated the new provisions would increase the cost by $600.00 according to Fisher and Arnold, and place a financial burden on his clients. He explained the ordinance needed to include the number of lots, because a minor plat is a one lot subdivision. Mr. Martin stated the ordinance was based on the legal definition of a subdivision. Councilman Perrin stated he had been involved with the ordinance and wanted the acreage to be even smaller than five acres for the base map. Mr. Martin explained the purpose of the ordinance was to maintain the map for 911 and emergency information. Mr. Hooten explained it would also be of use with the Phase II Drainage Map. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy. The ordinance was assigned ordinance number 3441.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3), LOCATED AT 1722 AIRPORT ROAD. (Larry Brantley)
Councilman Perrin moved, seconded by Councilman Moore to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy.
Councilman Street moved, seconded by Councilman Moore for the adoption of a resolution to extend the moratorium of Off-Premise Outdoor Advertising Signs and for Wireless Communication Facilities for four weeks or until November 17, 2003. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy. The resolution was assigned number 2003:74.
Councilman Moore moved, seconded by Councilman Street to accept the recommendation of the Streets Subcommittee to donate 6,561 square feet of right of way located at the entrance of Joe Mack Campbell Park to the Arkansas Highway Transportation Department (AHTD). Councilman Moore requested the City Attorney to amend the contract and deed donation to include execution by City Clerk, Donna Jackson along with Mayor Brodell. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy.
Under new business by the Mayor, he announced negotiations with Carter Burgess for a traffic study had been completed, and the contract was being reviewed by the City Attorney. He anticipated a recommendation to the full council sometime in the near future.
Mayor Brodell presented his proposed budget for 2004 saying he had not addressed the City Attorney or the City Clerk budgets. He explained because of the City Attorney’s work load, he was recommending an assistant for the City Attorney’s Office, but the funding was not included in the proposed budget. Mayor Brodell listed the cuts made to the budget naming radio equipment, financial software, weapons for the Police Department, and other cuts in the Fire Department, Sanitation, and Parking. He stated the only additional staffing he was recommending was for the Street Department to assist with the spraying of ditches. Mayor Brodell explained he did not address any additional staffing or the pay plan because the final salary survey had not been provided to him. Mayor Brodell stated he did not budget $130,000 for a transit system, but placed an asterisk under “Outside Agencies”. The Finance Committee had recommended consideration of the transit system contingent on available funding during the budgeting process. Mayor Brodell did not include funding for a cad system stating funding could come out of the reserves at a later date. In closing, Mayor Brodell stated he felt strongly that the City of Jonesboro could operate efficiently with his proposed budget, unless there was a drastic emergency. A copy of the Mayor’s 2004 proposed budget was provided to members of the city council.
Under new business by the Council, Judy Furr announced Project 365 for 8:00 a.m. meeting at the corner of North Main and Forrest. She offered an invitation to anyone wanting to participate.
Councilman McCall asked for an update on the Farm Creek drainage situation. Mayor Brodell stated he had discussed the matter with Mr. Bernie Auld of Carter Burgess.
Councilman Farmer stated the Infrastructure Committee was trying to determine if the appraiser already contracted for MATA projects could be used for the Quail Ridge drainage project. Mayor Brodell responded saying he had already spoken with Mr. Bob Gibson and he would be able to do the work.
Councilman Farmer reminded department heads and council members of Ordinance No. 2313, adopted December 31, 1990 which requires the City Attorney to review all contracts and lease agreements. He explained it would cut down on some of the confusion if someone with a legal background was reviewing documents prior to them coming to the council. Councilman Province stated if the City Attorney is doing all he is required to do it would place a burden on him. Mayor Brodell stated that is why he recommended an assistant for the City Attorney’s Office.
Councilman Moore reported on a meeting at Sage Meadows with Mr. Bob Troutt, Mayor Brodell, his assistant Larry Johnson, and the City Engineers. It was explained that Mr. Troutt had approximately three miles of road that he wanted the City of Jonesboro to accept and begin to maintain, but the roads had not passed inspection by the Engineering Department. It was determined that part of the problem was due to having only one entrance and one exit into Sage Meadows, causing heavy trucks to have to drive over the area. Mr. Martin explained they provided a punch list to Mr. Troutt, but by the time he completed it there were additional problems. Mr. Troutt contended that once the list is provided and completed, then the city should have to accept the streets. Councilman Moore questioned Mr. Martin about the procedure for having streets accepted. Mr. Martin explained a developer is required to submit a letter requesting the final inspection, and a set of “As Built” plans. The road is inspected and if all stipulations have been met then the developer is required to warranty the street for twelve months. At the end of this twelve month warranty period the street is again inspected, and if everything is found to be acceptable the street is taken into the city’s maintenance program. Councilman Moore questioned if Mr. Troutt was being asked to do something different than any other developer is required to do. Mr. Martin responded saying he did not believe so, that they were merely trying to follow the procedure that is established by ordinance. Mr. Troutt stated he had done everything he was asked to do with the exception of one item. Councilman Moore questioned Mr. Martin if there has been additional list for other developers. Mr. Martin responded saying he did not recall any specific developers who had to do it a second time, and most of the time when they have re-inspected there have been no problems. It was recommended that Mr. Martin put together recommendations based on existing ordinances, due to this being such a large development. Mr. Hooten explained this development could be compared to RidgePointe in size, but now the Planning Commission requires more than one entrance and exit to a subdivision. Councilman Moore expressed concern for setting precedence for future inspections with other developers. He explained there is a time line issue, and every day there is damage to Mr. Troutt’s streets, and in fairness the council needs to decide if the procedure is going to be enforced or if an exception is going to be made. Councilman Hargis expressed concern for treating everyone the same. City Attorney Crego concurred with Councilman Moore that precedence is set when procedures are in place, but not followed. No action was taken by the Council resulting in the procedure to be followed as established by current ordinances.
Councilman Perrin moved, seconded by Councilman Moore for adjournment of the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Furr, McCall, and Roddy.