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Minutes for the City Council meeting on February 20, 2007.
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PUBLIC HEARING - 6:15 P.M. - A public hearing was held concerning authorizing the issuance of the issuer’s industrial development revenue bonds in an amount of up to $91,000,000 for the benefit of Alberto-Culver USA, Inc. Councilman Hargis questioned who would be responsible to make sure the performance bonds are in place. Attorney David Menz stated that would be on a checklist to be performed by the City Attorney when they close. He added there is no expense to the City. Dr. Richard Wang questioned what provisions have been made with the company to help the Nettleton School System and the state schools. City Attorney Phillip Crego stated Dr. Wang was correct in stating the property is not subject to taxation. Mr. Menz stated the company entered into a payment in lieu of taxes agreement that is currently being looked over by the county judge. He added the Nettleton School Superintendent has reviewed the agreement and some adjustments were made at the request of the superintendent. He explained there will be monies paid in lieu of state taxes pursuant to state law. No opposition was voiced.
CITY COUNCIL MINUTES - February 20, 2007
The Jonesboro City Council met Tuesday, February 20, 2007, at 6:30 p.m. Members present were: Mayor Doug Formon, City Clerk Donna Jackson, City Attorney Phillip Crego and eleven council members. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Moore moved, seconded by Councilman Street, to approve the minutes of the February 6, 2007, regular meeting and the February 12, 2007, special meeting as delivered. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT PROVIDING FOR THE SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS AND FOR OTHER PURPOSES. (Alberto-Culver)
Councilman Moore moved, seconded by Councilman Perrin, to waive the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Moore moved, seconded by Councilman Perrin, for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Perrin 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: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. The ordinance was assigned number 16-2007.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, RESIDENTIAL, TO C-3, COMMERCIAL LUO, FOR 1.18 ACRES LOCATED AT 3000 BROWN’S LANE. (Donald Parker)
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: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. The ordinance was assigned number 17-2007.
The following ordinance was on the third and final reading:
ORDINANCE ADOPTING BY REFERENCE CHAPTER 32 CONCERNING THE REGULATION AND CONTROL OF ALCOHOLIC BEVERAGES TO THE OFFICIAL CODE OF THE CITY OF JONESBORO
Councilman Moore moved, seconded by Councilman Street, to amend the technical code by removing section 4.32.25 titled “Employees; Qualifications; Permits; Records Filed With City; Investigations; Fees”; to remove the definition of “work permit”; removing the words “other than the exceptions specified in section 4.32.25 (B) and (C) of this ordinance” in section 4.32.26 section C; and reduce the supplemental alcoholic beverage tax from 5% to 3% as referenced in section 4.32.31 section 4. Councilman Moore motioned, seconded by Councilman Street, to also amend the Ordinance Item C on the agenda section 1, line 2 to add the words “as amended” between the words “referenced” and “and” in the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Hargis read a written statement. He explained he disagreed with the ordinance as presented tonight. He further explained he cannot vote to punish the whole group of clubs who sell alcohol for the misdeeds of a few. He recommended setting up a standard according to the number of calls received, which could result in suspending their license for a length of time or increasing the fines. Councilman Moore offered the ordinance as amended for first reading. Councilman Moore motioned, seconded by Councilman Dover, to waive the second and third readings. A voice vote was taken resulting in all members voting aye with the exception of Councilman Hargis who voted nay. Those members voting aye were: Frierson, Province, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Moore motioned, seconded by Councilman Frierson, for adoption of the ordinance. Councilman Johnson stated he feels the amendments made tonight addressed many of the issues he received calls on. Police Chief Michael Yates stated they removed the requirement for the Police Department to conduct background checks, as well as removed the fee for the background checks. He added they also removed some language that reference the background checks and changed the tax from 5% to 3%. He explained they made the changes due to comments they received from the public, Council and club owners. Mr. William Pruitt, chairman of the trustees of the Elks Lodge, stated they are a non-profit, benevolent organization which performs numerous charitable acts in the community. He noted their presence has not caused a problem for law enforcement agencies in the community. He explained their members have expressed a concern over the ordinance, mainly the 5% tax. He then discussed the various taxes they already pay. Chief Yates noted his discussions with the Elks Lodge helped him make several revisions to the technical code. He added if all of the clubs conducted business like the Elks Lodge then the ordinance would not be necessary. He noted laws are not made for people who play by the rules; rather they’re made for people who need this type of structure. Mr. Steve Jacobson stated the ordinance is about giving the Chief the ability to do things locally what the ABC Board is derelict in doing. He added the City cannot wait for two or three violations if it’s at the cost of one life. Mr. Timothy Goodrich, also known as Skeeter Nash, president of the Fraternal Order of Eagles, stated he spoke at the last meeting concerning the charitable things the FOE has done because he is aware of the negative image the Eagles has in the community. He stated they make their best effort to assure the safety and security of the members and guests, but they cannot stop a person who wants to start trouble. He also stated when he spoke at the last meeting of the Eagles standing to lose half a million dollars in revenue if they close at 2.a.m. he should have clarified that was a projected figure using averages from last year, as well as being reflective of gross not net revenues. He then discussed statements by Chief Yates at the last meeting regarding the Eagles. Councilman Moore questioned a recent incident at the Eagles where a woman was hit in the face with a beer bottle at 4 a.m. He noted the incident happened since Mr. Nash spoke at the last meeting. Mr. Nash stated according to the newspaper report that is what happened. Councilman Moore stated if they were really concerned about their image they would have addressed some of those issues before tonight. He added if they would run their club right then the Chief would not need to be out there. A voice vote was taken resulting in all members voting aye, with the exception of Councilman Hargis who voted nay. Those members voting aye were: Frierson, Province, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. The ordinance was assigned number 18-2007.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY MEDIUM DENSITY DISTRICT TO C-2 LIMITED USE, DOWNTOWN FRINGE COMMERCIAL DISTRICT, LOCATED SOUTH OF RACE STREET AND BETWEEN BRIAR LANE AND MIDDLEFIELD DRIVE. (NEA Clinic)
Councilman Perrin moved, seconded by Councilman Dover, to place the ordinance on the second reading. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 RESIDENTIAL TO C-3 COMMERCIAL FOR PROPERTY LOCATED SOUTH OF RACE STREET AND WEST OF STADIUM BLVD. (Hermie G. Plunk)
Councilman Perrin moved, seconded by Councilman Moore to suspend the rules and place the ordinance on second reading by title only. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Mayor Formon stated he would like to hold a meeting at noon on Friday, February 23, 2007, to discuss construction management. Councilman Dover motioned, seconded by Councilman Street, to postpone the resolution to contract with B.B. Vance, a division of Nabholz Construction, for construction management services related to the construction of the Jonesboro Fire Department station additions and relocations until Friday’s meeting after further discussion. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Moore moved, seconded by Councilman Hargis, for the adoption of a resolution to proceed with condemnation action on property located at 201 Sharp (Walter Jackson, owner) and property located at 215 S. Patrick (Juanita Esters, owner). A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Ms. Juanita Esters questioned what the price would be after the property is condemned. Code Enforcement Officer Ronnie Shavers stated the property was turned over to CDBG, but due to the liens on the property it was returned to the City for condemnation. He added it would be hard to give Ms. Esters a price because of all of the inspections that have to take place after condemnation. Mayor Formon asked for Mr. Shavers to meet with Ms. Esters to discuss what would happen next with the house. The resolution was assigned number 2007:30.
Councilman Street moved, seconded by Councilwoman Williams, for the adoption of a resolution appointing Tim McCall to the JETS Community Transportation Board. A voice vote was taken resulting in all members voting aye, with the exception of Councilman McCall who abstained. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover and Furr. The resolution was assigned number 2007:31.
Under new business, Mayor Formon asked for everyone to keep Mr. Brian Wadley in their prayers. He also presented the State of the City address, speaking about the improvements in the Police and Fire Departments.
Councilman McCall discussed the recent interviews to fill the Ward 6, Position 2 Council vacancy. He noted they can’t go wrong voting for any of the four. Councilman Moore motioned, seconded by Councilwoman Furr, to appoint Ms. Faye McCall to the Jonesboro City Council. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Dover motioned, seconded by Councilman Johnson, to place an ordinance on the agenda. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO WAIVE FORMAL BIDDING AND AUTHORIZE THE PURCHASING OF FUEL FOR THE PUBLIC WORKS DEPARTMENT
Councilman Street moved, seconded by Councilman Moore, to waive the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Street 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: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. 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: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. The ordinance was assigned number 19-2007.
Councilwoman Furr thanked everyone for their work with the alcohol ordinance.
Councilman Dover motioned, seconded by Councilman Moore, to place an ordinance on the agenda. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Dover offered the following ordinance for first reading:
ORDINANCE TO REPEAL ORDINANCE NO. 3589 AND 3467 AS PASSED BY THE CITY COUNCIL OF THE CITY OF JONESBORO.
Councilman Street moved, seconded by Councilman Dover, to waive the second and third readings. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Dover moved, seconded by Councilman Perrin, for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. Councilman Dover questioned whether the emergency clause would be needed for the ordinance. Finance Director Don Ray stated he would like the emergency clause because the process as it is has become cumbersome and time consuming and interferes with day to day operations. 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: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. The ordinance was assigned number 20-2007.
Councilman Street motioned, seconded by Councilman Moore, to place a resolution on the agenda. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Councilman Moore moved, seconded by Councilwoman Williams, for the adoption of a resolution accepting bid number 2007:02 for concrete labor work, low bidder meeting specs being Van Horn. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall. The resolution was assigned number 2007:32.
Councilman Street commended Chief Yates for his work on the alcohol ordinance. He also thanked everyone who applied for the vacant Ward 2, Position 2 Council seat.
Councilman Moore stated he and Mayor Formon will be spending the day tomorrow in Little Rock to meet with the director of ADEQ to discuss closing the landfill. He added Attorney Andy Adams indicated to him the City needs to reserve the rights for a formal appeal if the intended results are not met with in the meeting with ADEQ tomorrow. Councilman Moore motioned, seconded by Councilman Street, to authorize Mr. Adams to file a formal appeal to be delivered tomorrow at the meeting with ADEQ. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.
Under public comment, Mr. Roger Watkins complimented Councilman Moore for his comments regarding the alcohol ordinance. He also commended the rest of the Council for passing the ordinance.
With no further business, Councilman Moore moved, seconded by Councilman Johnson, to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Frierson, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr and McCall.