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Minutes from the City Council meeting on November 1, 2005
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PUBLIC HEARING - 5:30 P.M. - A public hearing was conducted for the purpose of adopting a Second Amendment to the project plan for the Turtle Creek Redevelopment project. Mr. Bob Wright with Crews and Associates explained the amendments to the project plan, one being that the millage for the Library, Police Pension, and Fire Pension would be eliminated from TIF collections as required by newly adopted legislation. He explained that the City of Jonesboro would have no exposure liability for payment of the bonds. No opposition was voiced.
CITY COUNCIL MINUTES - November 1, 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, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. Councilmen Perrin and McCall were unable to attend.
Councilman Moore moved, seconded by Councilman Street to approve the minutes of the regularly scheduled meeting held October 18, 2005. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley.
Mr. Larry Flowers provided a financial report stating Operations & Maintenance revenues were less than75% through September due to the sales tax being up from last year. He explained landfill fees were down due to contractors using the county landfill, and 28% grant revenues had been received from the federal government. On the expenditures side, Mr. Flowers reported Operations and Maintenance made up 71% of the budget. He stated if the revenue trend continues we will be as in the past, with fund balances a little better than budgeted because expenditures have been below expectations. Councilman Hargis stated the reports were difficult to read. Mr. Alan Young responded asking for clarification. Councilman Hargis explained there were no headings or page numbers for him to refer Mr. Young to, but the report was difficult to check the figures from which they were derived. Councilman Farmer questioned if there was a way to get a summary page similar to the front of the annual budget, showing revenues and expenses, for Operations & Maintenance, Fixed Assets, and Capital Improvements. Mr. Flowers responded saying with Springbrook software the reports are “canned reports” and will have to be customized by city staff. He explained Alan Young’s staff went to Portland, Oregon for training to learn how to customize the reports, but has not had time to do the customization. Mr. Young explained the Report Training is scheduled for January, but they could amend the report and it’s just a matter of finding the time to do the work. He stated hopefully there would be improvements as they proceed over the next couple of months.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE RATIFYING, CONFIRMING AND SUPPLEMENTING ORDINANCE NO. 3480 AND ORDINANCE NO. 3501, ADOPTING A SECOND AMENDMENT TO THE PROJECT PLAN FOR THE TURTLE CREEK REDEVELOPMENT DISTRICT OF THE CITY OF JONESBORO, ARKANSAS # 1; AND FOR OTHER PURPOSES
City Attorney Crego explained that Jonesboro was under no liability with the issuance of the bonds. Councilman Moore moved, seconded by Councilman Ashley 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, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. 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, Williams, Street, Johnson, Dover, Furr, and Ashley. Councilman Moore moved, seconded by Councilman Street 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, Williams, Street, Johnson, Dover, Furr, and Ashley. The ordinance was assigned ordinance number 3586.
The following ordinance was on the third and final reading:
ORDINANCE FOR THE ABANDONMENT OF A PORTION OF UTILITY EASEMENT LOCATED IN ROSSLAND HILLS SUBDIVISION AS REQUESTED BY JOHN MCCARTHY
Mr. Ron Shipley reported on July 8, 1999, a building permit was issued to the original property owner, and former Jonesboro Street Superintendent, Gene Barnett. Mr. Shipley stated the building permit was issued based on the submitted site plan which showed the structure being five feet from the building, with no encroachment in the easement. He further explained Mr. Barnett was also acting as the general contractor and did not call for any inspections of the property. Mr. Shipley stated the structure is currently in the drainage easement. Questions were raised as to what would be accomplished by abandoning the utility easement when a drainage easement is located under the structure. The issue was also raised that with no inspections, the structure is not a legal structure and nothing would be accomplished by relinquishing rights of the utility easement. Concern for setting precedence in the Rossland area was voiced. It was asked that recommendations be submitted to prevent an “owner/contractor”, who does not follow city regulations from obtaining a building permit. Another issue raised was disciplinary action for any city employee who knowingly violates city regulations. Attorney Crego explained the current property owner could file a civil suit against the previous owner. Councilman Moore moved, seconded by Councilman Dover for the adoption of the ordinance. A voice vote was taken will all council members voting nay. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The ordinance was denied.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 SINGLE FAMILY MEDIUM DENSITY TO C-3 GENERAL COMMERCIAL, FOR A 7.44 ACRE PARCEL ON THE NORTH SIDE OF HIGHWAY 63 BETWEEN WILLOW ROAD AND RICHARDSON ROAD. (Jerry Bowen)
Councilman Moore moved, seconded by Councilman Hargis for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The ordinance was assigned ordinance number 3587.
The following ordinance was on the second reading:
ORDINANCE TO CREATE THE JONESBORO URBAN FORESTRY COUNCIL AND SET OBJECTIVES FOR THE MAINTENANCE OF JONESBORO’S PUBLIC TREES
Mr. Don Culpepper, spokesman for the Builders Association addressed city council members stating the ordinance in Section 1 refers to public property but in Section 3, paragraph 9 the ordinance refers to single family dwellings and subdivisions. He requested the paragraph be removed from the ordinance. He questioned why a division of the Parks Department would be regulating the construction of buildings rather than the Inspection Department, and explained the Builders Association had not been consulted on the front end. He explained home builders are not interested in removing trees on lots, due to the added value of a tree shaded lot, and because of the added expense for removing the trees. Mr. Culpepper referred to Fayetteville, Arkansas stating they had to hire four additional inspectors for tree inspections, delay building permits, and add to the cost of home construction. Councilman Farmer moved, seconded by Councilman Moore to amend the ordinance in Section 3, paragraph 9 to include the wording “upon request”. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. Councilman Moore moved, seconded by Councilman Johnson to adopt the ordinance as amended. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. Mr. Culpepper, representing the Home Builders Association was in support of the amendment. The ordinance was assigned number 3588.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 TO C-4, LOCATED AT 2301 N. PATRICK STREET. (Lonnie Clark)
No further action was taken regarding this particular ordinance.
Councilman Johnson moved, seconded by Councilman Ashley for the adoption of a resolution authorizing the execution, sale and delivery of the tax increment financing revenue redevelopment bonds for Turtle Creek Redevelopment District. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned resolution number 2005:130.
Councilman Farmer moved, seconded by Councilman Moore to pull agenda item 7: condemnation action on 705 W. Huntington and 520 W. Huntington. Council members were informed that the proper procedure had not been followed. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley.
Councilman Moore moved, seconded by Councilwoman Williams for the adoption of a resolution accepting the bids for the lighting of baseball fields at Joe Mack Campbell Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned number 2005:131.
Councilman Street moved, seconded by Councilman Hargis for the adoption of a resolution accepting a 15 foot permanent drainage easement located at 302 Melton circle from Mr. and Mrs. J. C. Mahon. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned number 2005:132.
Councilman Street moved, seconded by Councilman Ashley for the adoption of a resolution accepting temporary and/or permanent drainage easements located on Watkins Grove Lane. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned number 2005:133.
Under new business, Mayor Formon announced the city auction went well and brought in $211,000.00. It was explained the funds will go to the General Fund with the exception of the Street funds which must go back into the Street Fund.
Councilman Street moved, seconded by Councilman Farmer to place two separate resolutions on the agenda for consideration. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley.
Councilman Street moved, seconded by Councilman Johnson for the adoption of a resolution to extend the contract with Carter & Burgess, Inc. for additional services, Pilot Phase at 307 E. Cherry Street. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned number 2005:134.
Councilman Street moved, seconded by Councilman Farmer for the adoption of a resolution to enter a contract with FTN Associates, LTD to develop a landfill gas remediation plan for the City of Jonesboro Landfill. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned number 2005:135.
Councilman Street announced that for the second time, Valley View Schools had been presented the Golden Apple Award from Governor Mike Huckabee for having the best school district in the state of Arkansas. Councilman Street recognized Valley View Superintendent Radius Baker and the accomplishments of Valley View Schools.
Councilman Johnson stated he had learned from a newspaper article written by a Jonesboro Sun reporter that the City of Jonesboro was without a City Planner, and questioned where they were in the hiring process. It was explained there was a total of 17 applicants, with three applicants already interviewed and the fourth applicant to be interviewed Friday. Mayor Formon stated they were considering an interim planner until they could hire a full time City Planner.
Councilman Dover moved, seconded by Councilman Moore to place an ordinance on the agenda for consideration. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley.
Councilman Dover offered the following ordinance for first reading:
AN ORDINANCE TO AMEND THE CITY OF JONESBORO PURCHASING MANUAL TO ESTABLISH PROCEDURES FOR BUDGET COMPLIANCE VERIFICATION FOR PURCHASE ORDERS PRIOR TO ISSUANCE
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, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. Councilman Dover 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, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. Councilman Dover moved, seconded by Councilman Street 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, Williams, Street, Johnson, Dover, Furr, and Ashley. The ordinance was assigned ordinance number 3589.
Councilman Farmer moved, seconded by Councilman Moore to place a resolution on the agenda for consideration. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley.
Councilman Street moved, seconded by Councilman Ashley for the adoption of a resolution approving the execution of a contract with Fisher & Arnold, Inc. for aerial photography and GIS parcel development. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley. The resolution was assigned number 2005:136.
Councilman Farmer announced a special called Public Works Committee meeting for November 8, 2005, from 8:30 a.m. to 12:00 noon in the Mayor’s Conference Room located at City Hall for the purpose of discussing street and drainage improvement plans and RFQ selections for drainage engineer and pipe inventory. At the request of Councilman Farmer, Mr. Claude Martin provided a report of drainage problems since March of 2004. Mr. Martin reported there had been 2197 drainage complaints and all but 308 have been addressed. Mr. Martin explained the remaining issues were waiting for easements or other work to be done. Councilman Farmer stated progress was being made on the drainage issues with 80% of the being addressed.
Under public comment, Mr. Lonnie Clark requested his rezoning be read a second time. It was explained the ordinance may be read twice at the next council meeting.
Mr. Rick Forbus questioned the adoption of the ordinance to establish procedures for budget compliance verification for purchase orders prior to issuance. He asked if purchases would have to come before the City Council. Councilman Dover explained the City Accountant would check purchase orders to make sure they comply with the budget.
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, Province, Hargis, Moore, Williams, Street, Johnson, Dover, Furr, and Ashley.