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Minutes for the City Council meeting on May 17, 1999
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PUBLIC HEARING - 6:20 P.M. - A public hearing was conducted to review the issuing of Act 9 Industrial Revenue bonds to Frito-Lay, Inc. No opposition was voiced.
CITY COUNCIL MINUTES - May 17, 1999
The Jonesboro City Council met Monday, May 17, 1999, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Hubert Brodell, City Attorney, Phillip Crego, City Clerk, Donna K. Jackson, and 12 council members. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Councilman Roddy moved, seconded by Councilman Perrin for approval of the minutes from May 3, 1999, as delivered. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Councilman Young offered the following ordinance for first reading:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING FOR INDUSTRIAL FACILITIES; AUTHORIZING A SUPPLEMENTAL TRUST INDENTURE SECURING THE BONDS; AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF JONESBORO, ARKANSAS, AS LESSOR, AND FRITO-LAY, INC., AS LESSEE; AUTHORIZING THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF A DOCUMENT ESCROW AGREEMENT AND PRESCRIBING OTHER MATTERS RELATED THERETO; AND DECLARING AN EMERGENCY.
Councilman Perrin moved, seconded by Councilman Moore to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Perrin moved, seconded by Councilman Young to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Rega moved, seconded by Councilman Crockett for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3128.
The following ordinance was on the third reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (J. T. Barr)
Mayor Brodell requested that items for consideration by the Council contain all pertinent information prior to being placed on the agenda. The Mayor explained it is not fair to the public nor the Council to place items on the agenda unless all the details have been worked out. He recommended tabling this particular zoning request until an environmental study had been completed. Councilman Perrin moved, seconded by Councilman Crockett to table the ordinance indefinitely. Councilman Rega questioned the legalities of tabling an item without a specific time frame for bringing it back. It was explained that even though an item was tabled indefinitely, there are existing ordinances that require the matter be resolved within a particular time frame. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Councilman Roddy offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE OF A USED AUTOMATIC SIDE LOADING SANITATION TRUCK
Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Young moved, seconded by Councilman Roddy to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Perrin moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3129.
Councilman Young moved, seconded by Councilman Perrin to pull Bid Number - 99:23 Rotary Hydraulic Carts for the Sanitation Department. The item was pulled because Mayor Brodell stated only two carts would be needed instead of three and the cost would be under $10,000.00. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Councilman Perrin moved, seconded by Councilman Crockett to set an appeal hearing for June 7, 1999, at 6:15 p.m. regarding denial by the Metropolitan Area Planning Commission to place a manufactured home at 610 Airport Road as requested by Mr. Dale Williams. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Councilman Kelton moved, seconded by Councilman Young for the adoption of a resolution authorizing a contract with Griffin Grant Writing & Consulting, Inc. Councilman Perrin inquired if the price had changed since the last time it was reviewed by Council. Mr. Jim McKinnon, Grants Coordinator stated the price was the same as before. Mayor Brodell stated a grant could not be written unless authorized by the city. Councilman Rega questioned City Attorney, Phillip Crego if there were any problems with the grants contract. Mr. Crego stated he had questions regarding the funding, but was told it had been resolved. Councilman Rega asked what the Grants Committee was recommending. Mayor Brodell stated the Grants Committee had not met to discuss the matter. Councilman Rega stated he would feel more comfortable approving the grants contract if it had the recommendation of the Grants Committee. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Rega and Councilman Moore explained they would yield to the committee members who spoke in favor of the contract. The resolution was assigned number 1999:21.
Under new business, Councilman Perrin moved, seconded by Councilman Moore for the adoption of a resolution to amend the Contract of Obligation for the Landfill, by changing all references from the Arkansas Department of Pollution Control and Ecology to the Arkansas Department of Environmental Quality. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The resolution was assigned number 1999:22.
Councilman Tate moved, seconded by Councilman Crockett for the adoption of a resolution requesting City Water & Light to provide free utility service at 223 E. Thomas Green Road (Chris Carlisle Memorial Park). A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The resolution was assigned number 1999:23.
Attorney Chris Thyer addressed Council regarding progress made at 1210 S. Madison, for his client, Mr. William (Bill) Ebbert. On April 5th Council had placed the following stipulations on Mr. Ebbert prior to issuing him a building permit with a deadline date of May 3, 1999: 1) Total funds of the project placed in an escrow account. 2) Complete plans by an engineer. 3) Hire a contractor. 4) Secure the building. 5) Have one person to deal with regarding the structure. At the May 3rd council meeting Attorney Thyer stated that Mr. Ebbert had met all the stipulations with the exception of money being placed in an escrow account and asked for a two week extension to obtain the needed funds. On May 17, 1999, Attorney Thyer provided Council a packet of information regarding the different stipulations. He directed the Council’s attention to a letter from Mr. Joe Turney, Executive Vice President of Union Planters Bank. The letter stated that Union Planters Bank had agreed to extend a line of credit for $100,000.00 to Ms. Juanita Ebbert (Bill Ebbert’s Mother) for one year. The funds were to finalize the construction work at 1210 S. Madison. Attorney Thyer stated however, Ms. Ebbert did not want to draw the $100,000.00 out and put in an escrow account because it would draw no interest. Discussion followed regarding a previous $25,000 bond provided by Ms. Ebbert for her son which is now in litigation. City Attorney, Phillip Crego explained the bond was not the same thing as money in an escrow account. Mr. Crego stated however, if the $100,000.00 is to be used for construction costs but is in a city escrow account, then someone from the city would have to be responsible for paying the contractor and other construction expenses. Attorney Crego advised not placing the $100,000.00 in a city escrow account for this reason. Attorney Thyer offered to attend each Council meeting and give an accounting of how the funds were being spent. Mayor Brodell commented on a letter from Don Bobbitt Construction, stating it was not a contract between Mr. Ebbert the contractor. Mayor Brodell expressed concern that Mr. Bobbitt would not honor the 120 day commitment for completing the work. Attorney Thyer responded saying Mr. Bobbitt could not issue a contract without a building permit being issued. Councilman Rorex stated the Council is closer than it has ever been in resolving the problem and endorsed giving Mr. Ebbert a building permit. Several expressed concern over Mr. Ebbert not meeting all the stipulations, and the Council not having any assurance that the work would be done prior to issuing another building permit. City Attorney, Crego questioned Alderman Perrin and Alderman Crockett, if the letter from Union Planters Bank was a standard form letter of credit. Councilman Perrin stated it was not an irreparable letter of credit, and was opened as far as being a binding financial document. Attorney Thyer responded saying he had been told by Mr. Turney that an irreparable letter of credit would cost an additional $150.00 and would take two or three days to complete, so he requested just a standard letter from Mr. Turney. Councilman Crockett spoke in favor of issuing a building permit to Mr. Ebbert because the Council was at a standstill anyway until the August court date. Discussion followed between Mayor Brodell and Attorney Thyer regarding a written contract between the contractor and Mr. Ebbert. Mayor Brodell stated a written contract from a contractor was one of the stipulations. Councilman Tate stated the stipulation was to hire a contractor not provide a written contract. Councilman Perrin expressed concern for the Council getting involved in an escrow account, and requested City Attorney, Phillip Crego to look at all documentation, and give a legal opinion on this issue. Councilman Rorex moved, seconded by Councilman Crockett to issue a building permit to Mr. Ebbert. Councilman Kelton questioned City Attorney, Crego how he would vote on the matter from a legal position. City Attorney Crego stated the Council was in no worse position if Mr. Ebbert fails to meet the building obligation, and the bank has placed a stronger deadline on Mr. Ebbert than the City, because if he fails to meet the August 2, 1999, deadline, then the bank owns the property. Discussion followed regarding progress reports by Attorney Thyer. It was determined that Attorney Thyer should fax the progress reports to the Mayor’s Office and the reports should be provided to Council every two weeks. Councilman Moore questioned Attorney Crego as to whether or not condemnation should be lifted prior to issuing Mr. Ebbert a building permit. Attorney Crego stated once the permit is issued the condemnation is void. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Under new business, Councilman Perrin stated the 911 Committee was still waiting to hear from Craighead County Quorum Court regarding their share of the Southwestern Bell contract for the 911 Emergency System. Councilman Perrin further stated he would be calling a meeting within the near future on the matter.
Mayor Brodell requested the 911 Committee to set a public hearing for the purpose of discussing what steps have been taken to address Y2K problems.
With no further business, the meeting was adjourned.