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Minutes for the City Council meeting on November 15, 2005
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CITY COUNCIL MINUTES - NOVEMBER 15, 2005
The Jonesboro City Council met Tuesday, November 1, 2005, at 6:30 p.m. Members present were: Mayor Doug Formon, City Clerk, Donna K. Jackson, City Attorney Phillip Crego and ten council members. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Province and Councilwoman Williams were unable to attend.
Councilman Farmer requested the minutes for November 1, 2005, reflect that Mr. Don Culpepper of the Home Builders Association was in support of the amendment made to the tree ordinance. He also asked that the minutes reflect that City Attorney Crego had stated there was no liability to the city of Jonesboro regarding the TIF bonds. Councilman Farmer moved, seconded by Councilman Perrin to approve the minutes as amended of the regularly scheduled meeting held November 1, 2005. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
City Attorney Crego submitted a legal report showing the pending cases in Circuit Court, as well as a written report from Ralph Ohm with the APERMA Group.
The following ordinance was on the second reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 TO C-4, LOCATED AT 2301 N. PATRICK STREET. (Lonnie Clark)
Councilman Hargis moved, seconded by Councilman Perrin to suspend the rules and place on the third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Moore moved, seconded by Councilman Ashley for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3590.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 TO C-3, LOCATED ON THE NORTH SIDE OF EAST HIGHLAND JUST WEST OF GRISHAM ROAD. (Leslie Burse and Karen Boyd)
Councilman McCall offered the following ordinance for first reading:
ORDINANCE AMENDING THE 2005 ANNUAL BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE STREET DEPARTMENT
Councilman Perrin moved, seconded by Councilman Street to suspend with the second and third reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Street moved, seconded by Councilman Johnson for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Street moved, seconded by Councilman Johnson for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Mayor Formon stated on December 31st with the closing of the landfill, one employee will be moved to a mechanics position in the street department which will help curb some of the over time cost. Councilman Farmer contributed the overage to higher gas prices and repairs to antiquated equipment. The ordinance was assigned number 3591.
Councilman Street offered the following ordinance for first reading:
ORDINANCE AMENDING THE JONESBORO CODE OF ORDINANCES, ORDINANCE NUMBER 1145, CODIFIED AS 15.16.03 PROVIDING FOR CASH OR CORPORATE SURETY BONDS FOR IMPROVEMENTS IN SUBDIVISION DEVELOPMENTS AND FOR OTHER PURPOSES
Councilman Street moved, seconded by Councilman Moore to suspend with the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Hargis stated the ordinance was too subjective regarding the City Planner and the Developer. Councilman Farmer explained an ordinance was passed several years ago that was not in compliance with state law and as a result there are ongoing developments that are not in compliance. Arkansas Code Annotated 14-56-417 (2) (A) reads, “The regulations may permit the developer to post a performance bond in lieu of actual installation of required improvements before plat approval.” Councilman Farmer stated the Public Works Committee recommended passage of the ordinance without an emergency clause, causing it to take effect at the end of the year. Councilman Street stated Attorney Ralph Ohm said the existing letters of credit could be grandfathered in, while the newer developments would be required to provide a performance bond. Councilman Hargis stated this places a high burden on the City Planner. City Attorney Crego explained there is no way of determining in advance the amount for a performance bond because it is for improvements that won’t be completed prior to lots being sold in a subdivision. He further explained the safeguard for the City Planner and Developer, should there be a disagreement on the amount of a performance bond, is to appeal it to the Metropolitan Area Planning Commission. 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, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Street moved, seconded by Councilman Johnson for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3592.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE AUTHORIZING THE EXPENDITURE OF PERPETUAL CARE FUND INTEREST EARNINGS
Councilman Perrin moved, seconded by Councilman Moore to suspend with the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin moved, seconded by Councilman Moore for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3593.
Councilman Perrin moved, seconded by Councilman Dover for the adoption of a resolution granting an easement on the east side of Highway 63, south of the Washington Avenue interchange to the Arkansas Electric Cooperative Corporation for relocation of a transmission line. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:137.
Councilman Perrin moved, seconded by Councilman Hargis for the adoption of a resolution certifying local government endorsement of Hi-Tech Properties, LLC located at 4405 East Parker Road to participate in the tax back program. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:138.
Councilman Street moved, seconded by Councilman Johnson for the adoption of a resolution accepting temporary and/or permanent drainage easements at the following locations:
(1) CHAD R. LYNCH & JANEENE L. LYNCH, 1706 LAWSON ROAD, JONESBORO, AR. APPRAISED VALUE: $14,000.00
(2) WILLIAM J. MARIOTT AND WIFE, SHERIE MARIOTT, 3307 SOUTHWEST DRIVE, JONESBORO, AR. APPRAISED VALUE: $200.00
(3) VALLEY RIDGE CHURCH, 1707 VALLEY VIEW DRIVE, JONESBORO, AR.
APPRAISED VALUE: $350.00
(4) CHRISTIAN VALLEY CHURCH, 2016 VALLEY VIEW DRIVE, JONESBORO, AR.
APPRAISED VALUE $22,200.
A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:139.
Councilman Perrin moved, seconded by Councilman Moore to set a public hearing for 6:15 p.m. on December 6, 2005, for the purpose of hearing a request for a permit to operate a limo service in the City of Jonesboro by Mr. Randall Kisling. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
Under new business, Mayor Formon announced his proposed budget was complete and would be presented to council members following the City Council meeting. He explained one fixed asset (a fire truck) was not listed in the budget because he is working on a lease plan.
Councilman Hargis requested an inventory of city owned parking showing leased and hourly parking spaces. He explained there had been a request for monitoring of the parking downtown. Councilman Ashley responded saying it was his understanding they were to stripe and enforce the downtown parking. Mayor Formon explained the PROWL unit was periodically monitoring the parking in the downtown area. Chief Yates reported parking enforcement was up significantly compared to last year, and while the PROWL unit could be a short term solution it would not be a good long range approach to parking. Councilman Perrin stated lease parking needed to be looked at since renewal for leased spaces was coming due. Councilman Ashley stated the only ADA parking downtown is across from Subway at Monroe and Main, but is not marked or enforced. Discussion was held regarding the use of Reserve Officers for parking enforcement, however it was determined that most Reserve Officers work at night and weekends rather than through the day when enforcement is needed. Mayor Formon suggested random inspections and Chief Yates stated the parking areas needed to be marked properly or it would defeat their purpose.
Councilman Perrin announced a Finance Committee meeting for Thursday at 4:00 p.m. in the City Council Conference Room.
Councilman Johnson moved, seconded by Councilman McCall to suspend the rules and place an ordinance on the agenda. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Johnson offered the following ordinance for first reading:
ORDINANCE AMENDING THE 2005 ANNUAL BUDGET TO PROVIDE ADDITIONAL FUNDING FOR FIRE DEPARTMENT TOWER 1 MECHANISM REPAIR
Councilman Dover moved, seconded by Councilman Moore to suspend with the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Moore moved, seconded by Councilman Street for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Street moved, seconded by Councilman Moore for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned ordinance number 3594.
Councilwoman Furr announced Project 365 for 8:00 a.m. on Saturday, December 3, 2005, for cleanup of Woodrow and Forrest.
Councilman Street moved, seconded by Councilman Dover to suspend the rules and place an ordinance on the agenda for council consideration. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Street moved, seconded by Councilman Moore for the adoption of a resolution entering into a contract with Joe Tomlinson, for the purpose of directing the planning activities of the City of Jonesboro on an interim basis. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:140.
With no further business, Councilman Johnson moved, seconded by Councilman Ashley to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Hargis, Moore, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.