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Minutes for the City Council meeting on April 5, 2005
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CITY COUNCIL MINUTES - APRIL 5, 2005
The Jonesboro City Council met Tuesday, April 5, 2005, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Doug Formon, City Clerk, Donna K. Jackson, City Attorney Phillip Crego and twelve council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Perrin moved, seconded by Councilman Moore to approve the minutes of March 15, 2005, as provided. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley.
Finance Director, Larry Flowers provided a review of the monthly financial report. Mr. Flowers reported we had spent 19% of the budget through February, with the sales tax revenue being up by 4½% from last year. He explained the rate of increase in sales tax was declining but still favorable. He further stated while building permits and privilege licenses were up, collection of fines were down. On the expenditures side, it was reported that we had spent 16% through February with Operations & Maintenance equaling 19% and Capital Improvements equaling 2% (mostly ADA work). Mr. Flowers closed saying the Fund Balance and Operations & Maintenance will accelerate once the freeze on fixed assets is lifted.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND ORDINANCE NO. 2035 REQUIRING RIGID OUTSIDE CONTAINERS MADE OF CONCRETE, METAL OR FIBERGLASS FOR ALL BURIALS IN THE CITY OF JONESBORO
Councilman Perrin moved, seconded by Councilwoman Williams 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, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned ordinance number 3527.
The following ordinance was on the second reading:
ORDINANCE REQUIRING ELECTRONIC RECORDING BY OWNERS AND OPERATORS OF PAWNSHOPS AND PAWNBROKERS DOING BUSINESS IN THE CITY OF JONESBORO; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES
Councilman Perrin moved, seconded by Councilman McCall to amend the ordinance by removing the emergency clause. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman McCall moved, seconded by Councilman Ashley to suspend the third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Street moved, seconded by Councilwoman Furr 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, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned ordinance number 3528.
The following ordinance was on the third reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-2) TO COMMERCIAL (C-5), LOCATED ON THE SOUTH SIDE OF THE STREET BETWEEN MATTHEWS AVENUE AND STALLINGS LANE (Herb Stallings)
Councilman Perrin 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, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned ordinance number 3529.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL (C-3) TO RESIDENTIAL (R-2), LOCATED ON THE WEST SIDE OF NETTLETON AVENUE, BETWEEN HIGHLAND DRIVE AND STEVENS STREET.
Councilman Perrin moved, seconded by Councilman Johnson to suspend with the second reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE CREATING A DEPARTMENT OF COMMUNITY/ECONOMIC DEVELOPMENT; SETTING OUT THE DUTIES; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
Councilman Perrin moved, seconded by Councilman Farmer 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, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin 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, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin 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, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3530.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR THE PURCHASE OF RECORDING EQUIPMENT FOR THE OFFICE OF CITY CLERK
Councilman Moore moved, seconded by Councilman Dover to suspend with the first and second reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, 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, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Moore moved, seconded by Councilwoman Furr 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, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3531.
Councilman Moore moved, seconded by Councilman Furr for the adoption of a resolution authorizing the Mayor and City Clerk to execute a Memorandum of Understanding and Agreement for capital contribution, improvements, and debt incurrence on Craighead County Solid Waste Disposal Authority. Councilman Farmer stated by accepting the CCSWDA option it would provide the following options: Save $1.5 million (assuming a 4.5% bond interest rate over the next 11 years); Increase useful life of the landfill by 500%; Increase safety for citizens by separating residential users from commercial; Eliminate the need for new landfill in 20 years; Addresses various existing legal issues; Limits Jonesboro’s landfill development cost and reduces operational deficit; and has no negative impact on the Operations and Maintenance budget. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:30.
Councilman Perrin moved, seconded by Councilman Johnson for the adoption of a resolution to amend the City of Jonesboro Employee Handbook, specifically amending the sick leave policy. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:31.
Councilman Moore moved, seconded by Councilman Street for the adoption of a resolution authorizing the Mayor and City Clerk to approve a general release and waiver from Ford Motor Company. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:32.
Councilman Perrin moved, seconded by Councilman Farmer for the adoption of a resolution authorizing the Mayor and City Clerk to enter into a Memorandum of Understanding with the Arkansas Game and Fish Commission for improvements to Craighead Forest Park Lake. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:33.
Councilman Perrin moved, seconded by Councilman Johnson for the adoption of a resolution authorizing the Mayor and City Clerk to execute a contract with the Jonesboro Softball Association for the construction of a maintenance facility at the Southside Softball Complex. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:34.
Councilman Perrin moved, seconded by Councilman Johnson for the adoption of a resolution establishing and appointing members to the ad hoc Mayor’s Strategic Taskforce on public transit. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:35.
Councilman Street moved, seconded by Councilman McCall for the adoption of a resolution appointing members to the Community Development Block Grant (CDBG) Citizens Advisory Committee. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:36.
Councilman Hargis moved, seconded by Councilman Perrin for the adoption of a resolution accepting an engineering contract with Miller-Newell for construction of sewer improvements. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:37.
Councilman Perrin moved, seconded by Councilman Hargis for the adoption of a resolution authorizing a grant application to the Arkansas Department of Economic Development. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:38.
Councilman Perrin moved, seconded by Councilman Johnson for the adoption of a resolution for the appointments to the Airport Commission. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:39.
Councilman Dover moved, seconded by Councilman Johnson for the adoption of a resolution accepting a dedicated permanent drainage easement form Charles and Rachel Jones. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:40.
Councilman Perrin moved, seconded by Councilman Dover for the adoption of a resolution accepting a dedicated permanent drainage easement from Mr. Larry Duke. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:41.
Councilwoman Williams moved, seconded by Councilman Moore for the adoption of a resolution accepting a dedicated permanent drainage easement from Mr. Robin Nix. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:42.
Councilman Street moved, seconded by Councilman Ashley for the adoption of a resolution accepting both a temporary and permanent drainage easement from Mr. Bill Taylor. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:43.
Under new business, Mayor Formon announced the search for a new Police and Fire Chief continues. He explained the search for a new Police Chief had been narrowed to 42 with the next meeting being called for 2 weeks from the previous Monday. Mayor Formon also stated the deadline for applications for Fire Chief would be this coming Friday. Lastly, Mayor Formon informed council members that the white trailer located at the fire station on Caraway Road and Nettleton would be moved.
Under new business by the Council, Councilman Farmer moved, seconded by Councilman Perrin to suspend the rules and place two ordinances and four resolutions on the agenda for consideration by the Jonesboro City Council. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Farmer offered the following ordinance for first reading:
AN ORDINANCE APPROPRIATING FUNDS FOR MATA PROJECTS, AND DECLARING AN EMERGENCY
Councilman Moore moved, seconded by Councilman Dover 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, Williams, 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, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Moore moved, seconded by Councilman Farmer for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3532.
Councilman Perrin offered the following ordinance for first reading:
AN ORDINANCE APPROPRIATING FUNDS TO REIMBURSEMENT THE GENERAL FUND FOR CRAIGHEAD TECHNOLOGY PARK LAND ACQUISITION, AND DECLARING AN EMERGENCY
Councilman Moore moved, seconded by Councilman Perrin 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, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. 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, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Moore moved, seconded by Councilman Perrin for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3533.
NOTE: The following resolutions were redone due to wording being left out by the previous administration of the original resolutions as provided by the Arkansas Highway and Transportation Commission.
Councilman Dover moved, seconded by Councilman Johnson for the adoption of a resolution expressing the willingness of the City of Jonesboro, Craighead County to utilize federal-aid monies for the following city project: Upgrade traffic signal Highway 18 & 63b/Nettleton Ave. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:44.
Councilwoman Williams moved, seconded by Councilman Moore for the adoption of a resolution expressing the willingness of the City of Jonesboro, Craighead County to utilize federal-aid monies for the following city project: Install Traffic Signal at Hwy 18 and Nestle Road. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:45.
Councilman Perrin moved, seconded by Councilwoman Williams for the adoption of a resolution expressing the willingness of the City of Jonesboro, Craighead County to utilize federal-aid monies for the following city project: Signalization of Highway 63 Frontage Road and Highway 18. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:46.
Councilman Street moved seconded by Councilman Ashley for the adoption of a resolution expressing the willingness of the City of Jonesboro, Craighead County to utilize federal-aid monies for the following city project: Traffic signalization at Hwy 141 and Parker Road. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2005:47.
Councilman Farmer reported on the Public Works Committee meeting held earlier at 4:30 p.m. He explained even though no action was taken they had received engineering recommendations regarding two hot spots located in the Valley/Owens area as well as the Nettleton/Kitchen area. The recommendation was to acquire two structures for a regional detention pond in the Valley/Owens area, and one in the Nettleton/Kitchen area. It was explained that the structure to be acquired in the Nettleton/Kitchen area belonged to Councilman Dover and therefore the following steps were being taken: 1. Acquire an appraisal. 2. List of the alternatives considered by the engineer (even though the alternatives would be at a higher cost to Jonesboro). 3. Independent Engineering review of the engineers recommendations. 4. Independent legal opinion of the city’s liability if nothing is done. Councilman Farmer explained the City of Jonesboro did two things that proactively created the problem in the Nettleton/Kitchen area. The first being with MATA, consideration was not given to the water drainage to the surrounding areas, only to removing water off Nettleton itself. The second decision was the paving of concrete ditches which caused the water flow to increase. Councilman Farmer stated while public servants should not profit from their position, nor should they be penalized because they are in that position. He explained every effort is being made to look at every alternative and make the decision that is best for Jonesboro.
With no further business, Councilman Johnson moved, seconded by Councilman Perrin for adjournment. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin Street, Johnson, Dover, Furr, McCall, and Ashley.