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Minutes for the City Council meeting on September 6, 2005
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CITY COUNCIL MINUTES - SEPTEMBER 6, 2005
The Jonesboro City Council met Tuesday, September 6, 2005, at 6:30 p.m. Members present were: Mayor Douglas Formon, City Clerk, Donna K. Jackson, City Attorney Phillip Crego and eleven council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley. Councilwoman Furr was unable to attend.
Councilman Farmer moved, seconded by Councilman Moore to amend the agenda to place “Public Comment” before item 10, “New Business by the Mayor”. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley.
Councilman Perrin moved, seconded by Councilman Ashley to approve the minutes of the regularly scheduled meeting held August 16, 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, McCall, and Ashley.
Attorney Ralph Ohm provided a legal report outlining the status of pending cases that the City of Jonesboro is currently involved. He stated litigation was dwindling considerably, listing the following cases: B. T. Lamb, Glenn Batten, CAMP, Cook Vs. Mid South Bank, Cope Rezoning, Kathy Dickson, and Willett. Regarding the pending ADA lawsuit, Attorney Ohm stated the case requires the City of Jonesboro be in compliance for the downtown area by September 12, 2005, and the deadline would be met. He explained the deadline for the rest of Jonesboro requires compliance by 2007, and based on his understanding it pertains to curb-cuts only. He explained he has not recently looked at the consent order, but from what he could remember it was curb cuts only without replacing sidewalks but would check it to be sure. Mr. Ohm stated as long as Jonesboro can show it has made a good faith effort, he felt assured he could get an extension if needed, but assured council members he did not believe that would be necessary.
Mr. Flowers provided a financial summary report stating we were at 60% of the budgeted revenue amount through July with sales tax and earnings up from last year. He stated there was a slight increase in privilege license and permits with decreases in fines from landfill fees. Regarding expenditures Mr. Flowers reported they were at 52%.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL C-3, TO RESIDENTIAL R-6, LOCATED ON THE WEST SIDE OF DARA DRIVE JUST NORTH OF HIGHLAND DRIVE. (Robert Rees)
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: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley. The ordinance was assigned ordinance number 3571.
Councilman Johnson offered the following ordinance for first reading:
ORDINANCE TO AMEND THE 2005 BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE PURCHASE OF A FIRE PUMPER TRUCK APPARATUS
Councilman Moore moved, seconded by Councilman Street 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, Perrin, Street, Johnson, Dover, 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, McCall, and Ashley. Councilman Moore moved, seconded by Councilman Dover 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, McCall, and Ashley. The ordinance was assigned ordinance number 3572.
Item C, an ordinance amending the budget for the Fire Department, and Item D, an ordinance to waive bids for the fire department were pulled from the agenda because neither ordinance had gone before the proper council committee.
Councilman Johnson offered the following ordinance for first reading:
ORDINANCE TO AMEND THE 2005 BUDGET AND THE PAY PLAN TO AMEND THE JOB TITLE OF WORK RELEASE COORDINATOR TO POLICE OFFICER/PRISONER TRANSPORT/PUBLIC SERVICE WORK COORDINATOR
Councilman Street moved, seconded by Councilman Ashley to suspend with the second and third reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, 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, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, 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, Perrin, Street, Johnson, Dover, McCall, and Ashley. The ordinance was assigned number 3573.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO AMEND THE 2005 BUDGET AND PAY PLAN TO AMEND THE TITLE, DUTIES AND SALARY OF THE GRANTS COORDINATOR POSITION
Ms. Hackney stated the position had been approved to be filled in 2005 and is currently being handled by a part-time person who is working 40 hours a week with no benefits. She explained a significant addition was made to her job description so it was sent to Condrey and Associates who recommended a Grade 19. Questions followed regarding advertising for the new position. Ms. Hackney stated the person is currently doing the work part-time and would move into the full-time position, so advertising of the full time position was not necessary. Several expressed concern for hiring another position without advertising it, and because Mr. Copeland, the Supervisor was unavailable for questioning. The decision was made to hold the ordinance on first reading.
Councilman Perrin moved, seconded by Councilman Moore for the adoption of a resolution to set a public hearing for September 20, 2005, at 6:15 p.m. for the purpose of abandoning a utility easement located at Friendly Hope Road south of the intersection with Woodsprings Road as requested by Marshall Morrison. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley. The resolution was assigned resolution number 2005:104.
Councilman Farmer moved, seconded by Councilman Street for the adoption of a resolution appointing members to the Northeast Arkansas Industrial Development Commission. It was explained Ordinance No. 3548 was adopted in an effort to correct discrepancies with previous ordinances adopted in 1986 by the City of Jonesboro and Craighead County. Councilman Farmer explained the Quorum Court viewed this as a change to the county ordinance and addressed it one reading at a time, so this particular resolution would not go into effect until the Quorum Court had given its final approval which was expected sometime this month. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley. The resolution was assigned resolution number 2005:105.
Councilman Perrin moved, seconded by Councilman Moore for the adoption of a resolution authorizing the Mayor and City Clerk to convey property located at 615 W. Washington and adjacent parcels for the new Craighead County Health Facility. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley. The resolution was assigned resolution number 2005:106.
Councilman Moore moved, seconded by Councilman Dover for the adoption of a resolution requesting free utility service from City Water and Light for traffic lights located at 41116 Lindbergh Drive and 802 Lakeshore Drive. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley. The resolution was assigned resolution number 2005:107.
Under Public Comment, Dr. Bob Warner shared with council members the relief effort being done through the work of the Rotary Club for Hancock County, Mississippi caused by the recent hurricane. He explained there was no Red Cross or United Way presence due to the severity of the situation in New Orleans and Biloxi and their work in establishing a station whereby goods and services could be distributed. He explained other cities were adopting areas as a “sister city” and requested the Council’s support and endorsement for the Rotary efforts. Councilman Farmer moved, seconded by Councilman Perrin to have a resolution drafted in support of the Rotary Club’s effort to adopt Hancock County, Mississippi to be addressed at the next Jonesboro City Council meeting and to let the record show Jonesboro City Council’s support of this project. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley.
Mr. Charles Lang addressed the Jonesboro City Council regarding drainage problems coming from Woodsprings Estates. He stated the past administration had promised for thirteen years to alleviate this problem, but washed his hands of it once he left office. Mr. Lang stated he did not feel it should be his problem, but the City’s because they allowed the development. Mr. Lang stated Mr. Tommy Martin of Northside Steel owns the property with the ditch to the north being owned by a different unknown individual. He explained the drainage system when it was installed was not large enough. Councilman Farmer explained the City of Jonesboro cannot enter private property, and the City of Jonesboro had requested from Mr. Lang a drainage easement which has not been granted. Mr. Lang disagreed stating the City had requested an easement for the purpose of burying a pipe across his property from Woodsprings Estates. He further stated he had agreed with the owner of Woodsprings Estates to swap his property for property in Woodsprings Estates. Councilman Farmer asked Mr. Lang if he would be willing to give the City enough property to maintain a drainage easement across his property. Mr. Lang stated he would work with the City of Jonesboro, but then stated he would not give an easement for the purpose of burying a drainage pipe. Councilman Farmer explained the City of Jonesboro was involved in a previous lawsuit with Frankie Dacus and the same development company Mr. Lang had referenced earlier and the Judge in the case released the City of Jonesboro from the case because the City had no involvement with the development. Mr. Lang questioned why the City has no involvement when they approved the development. It was explained the City Engineer did not design the subdivision; rather it was a private engineer and developer that were responsible for the improvements and had certified that the drainage was adequate. Councilman Farmer again explained if Mr. Lang would grant an easement the City could then enter the property and clean the ditch out, however the problem of the flow of water on to his property is a result of the development and not the City of Jonesboro. Councilman Moore agreed with Councilman Farmer and explained the City of Jonesboro does not second guess the engineer responsible for designing the development. City Attorney Crego further explained the City of Jonesboro requires developers and engineers to certify their work so property owners have recourse as Mr. Dacus did.
Under new business by the Mayor, Mr. Formon announced bus loads of refugees resulting from hurricane Katherine were arriving and stated First Baptist Church was offering a 45 minute course for becoming a Red Cross volunteer, every night at 7:00 p.m.
EXECUTIVE SESSION: Councilman Farmer moved, seconded by Councilman Moore calling for an Executive Session for the purpose of considering the resignation of City Planner, David Harris. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley.
After approximately 45 minutes the meeting was reconvened by Mayor Formon reporting no action was taken at this time.
With no further business, Councilman Dover moved, seconded by Councilman Johnson to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall, and Ashley.