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Minutes for the City Council meeting on June 20, 2006
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CITY COUNCIL MINUTES - June 20, 2006
The Jonesboro City Council met Tuesday, June 20, 2006, at 6:30 p.m. Members present were: Mayor Doug Formon, City Clerk Donna Jackson, City Attorney Phillip Crego and ten council members. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. Councilwoman Williams and Councilman Johnson were not able to attend.
Councilman Perrin moved seconded by Councilman Moore to approve the minutes of June 6, 2006, as delivered. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
The following ordinance was on the third and final reading:
ORDINANCE ABANDONING A PORTION OF JEFFERSON AVENUE, RUNNING EAST OF CHRISTIAN CREEK DRAINAGE DISTRICT NO. 30 IN THE WILSON’S SECOND ADDITION. (Mr. Roy Cooper and Ms. Mary Tolbert/Charles Mooney Jr.)
Questions had been raised at the last meeting of the City Council with regard to being able to get an excavator into a drainage ditch located in the area. Mayor Formon explained after viewing the area city employees would be able to access the ditch from the other side so there would not be a problem. However, Mayor Formon questioned if the City of Jonesboro was collecting fees for the drainage district. Councilman Farmer explained the Christian Creek Improvement District had granted the City of Jonesboro their right of way prior to it dissolving, but when the Improvement District dissolved the fees were dissolved as well. 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, Perrin, Street, Dover, Furr, McCall, and Ashley. The ordinance was assigned number 3646. Councilman Moore questioned the need for an emergency clause. Mr. Charles Mooney, Jr. responded saying it was a piece of useless, property that was a liability to the City of Jonesboro. 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, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Moore moved, seconded by Councilman Street for the adoption of a resolution to contract with FTN Associates, Ltd. for construction management services for the Installation of Landfill Gas Extraction System and Final Cover System of Jonesboro’s Landfill facility. The motion and second were later withdrawn following discussion. Both Councilman Farmer and Councilman Perrin questioned the breakdown of the cost of the contract amounting to $95,000.00. They wanted to know if there would be any additional costs, and what work would be provided for the $95,000.00. Mr. Royce Leonard, Sanitation Director was unable to answer the questions raised by city council members, so Mayor Formon explained Mr. Teddy Hooton, Street Superintendent would be able to clarify the contract cost, but would be late arriving to the City Council meeting due to family obligations. The decision was made to revisit this item once Mr. Hooton arrived.
Councilman Street moved, seconded by Councilman Moore for the adoption of a resolution approving the purchase of road improvements for Matt Drive, Briar Drive, and Alex Drive as priced in Bid 2006:41. It was explained the Engineering Department would be proposing an appropriation ordinance later in order to pay for the improvements. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:67.
Councilman Farmer moved, seconded by Councilman Perrin for the adoption of an amended resolution to proceed with condemnation action on several Jonesboro properties. A revised resolution had been provided by the Code Enforcement Office due to a typo regarding 1903 E. Washington owned by Lillian Cobb. It should have read 1309. Councilwoman Furr moved, seconded by Councilman Moore to amend the revised resolution to correct another typo regarding 2415 and 2419 W. Washington owned by Bobby Culp. It was amended to read 2415 and 2419 W. Matthews owned by Bobby Cupp. Once amended and revised the resolution authorized condemnation on the following properties:
• 1309 E. Washington - Lillian Cobb
• 424 McAdams - Fred and Tampa Scott
• 2415 W. Matthews - Bobby Cupp
• 2419 W. Matthews - Bobby Cupp
• 318 Third - John Perry Scott
A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:68.
Councilman Perrin moved, seconded by Councilman Moore for the adoption of a resolution approving the purchase of ADA curb cuts and ramp project improvements for the City as priced in Bid 2006:44 from Cameron Construction. Councilman Perrin requested spread sheets be provided with the bids for verification purposes. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:69.
Councilman Street moved, seconded by Councilman Ashley for the adoption of a resolution authorizing acceptance of a Federal Aviation Administration multi-year grant for Airport Improvement Program (AIP) project no. 3-05-0033-014-2006. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:70. Mr. Phillip Steed clarified the funds would be handled through the Airport Commission and there would be no ongoing cost for the City of Jonesboro other than their annual fees.
Councilman Farmer moved, seconded by Councilman Moore to withdraw the resolution to approve the JETS operator handbook Ms. Hackney stated she had made a couple of changes and additions to the handbook, but it was determined the amended handbook had not been provided to the Jonesboro City Council, the City Attorney nor the City Clerk. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Perrin moved, seconded by Councilman Moore to withdraw a resolution to approve the JETS Para-Transit Plan and ADA Para-Transit Application. No plans had been provided. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Perrin moved, seconded by Councilman Dover for the adoption of a resolution accepting bids for construction of fencing at Allen Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned resolution number 2006:71.
Councilman Perrin moved, seconded by Councilwoman Furr for the adoption of a resolution establishing a set of procedures to process public requests for Recreation and Park facilities by the Parks and Recreation Citizen Advisory Committee. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned resolution number 2006:72.
Councilman Moore moved, seconded by Councilman Street for the adoption of a resolution accepting bids for construction of fencing at Craighead Forest Park ATV area from West Memphis Fence in the amount of $26,536.00. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned resolution number 2006:73.
Councilman Farmer moved, seconded by Councilman McCall to withdraw a resolution to amend the agreement with Fisher & Arnold for professional services for extension of Lawson Road. Mr. Harry Hardwick explained he had no written agreement with Mr. Ken Yarbrough granting the City of Jonesboro right of way. Councilman Farmer stated Lawson Road had been redesigned numerous times and before redesigning it once again the City of Jonesboro needed to have the right of way. Mayor Formon and Mr. Hardwick stated Mr. Yarbrough was suppose to have provided the right of way in writing today, but to their knowledge it had not been provided. Councilman Farmer questioned the process to start condemnation proceedings, given the safety issues at Valley View and if nothing is provided by the next Public Works Committee meeting. City Attorney Crego stated they need to first develop the route in order to determine property needs, then have an appraisal of those properties. Mr. Martin explained Mr. Yarbrough had questioned if the drainage pipes for the new proposed road took in account any new development, because he wanted to make sure drainage would not be problem when Mr. Yarbrough did his development. Mr. Martin explained that Fisher and Arnold had stated the pipes were designed to carry the current water flow. Councilman Farmer questioned how they could they plan for an unknown future development. Councilman Dover stated the City should not request a design when it is not sure of what the route will be. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Moore moved, seconded by Councilman Ashley for the adoption of a resolution recommending appointments to the Board of Zoning Adjustments, Advertising and Promotion Commission, Solid Waste Disposal Authority, Auditorium Commission, Board of Adjustments and Appeals, Metropolitan Area Planning Commission (MAPC), City Water and Light Plant Board of Directors and Urban Renewal and Housing Authority. Councilman Moore moved, seconded to amend the assignment of Chad Wagner on the Board of Adjustment and Appeals from reappointment to appointment, and accepting the resolution as amended. Councilman Perrin questioned the procedure for nominating individuals to Boards and Commissions. Councilman McCall stated with the exception of a few boards, the majority of appointments are made by the City Council, with the Nominating and Rules Committee functioning as a review panel for recommendation to the full City Council. Councilman Farmer requested City Attorney Crego research to see if there was any reason a city council member could not serve as a voting member of the Airport Commission. He explained, in the past members have served as a liaisons, but wanted clarification if city council members could serve as a voting member of the Airport Commission. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:74.
Under new business, Mayor Formon raised the question of closing City offices the day before the 4th of July holiday. He explained Governor Huckabee announced all State offices would close as well as all county offices, and would be bringing this to the Finance Committee for their review. It was determined that there would not be a regularly scheduled city council meeting prior to this date and a motion was needed. It was explained some departments would have to work, while others would not. Councilman Farmer moved, seconded by Councilman Dover to leave it to the prerogative of Mayor Formon to decide. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
When Mr. Teddy Hooton, Street Superintendent arrived, Mayor Formon reopened the adoption of a resolution to contract with FTN Associates, Ltd. for construction management services for the Installation of Landfill Gas Extraction System and Final Cover System of Jonesboro’s Landfill facility. Mr. Hooton explained FTN Associates would design the methane collection system, while Northstar Engineering would design the closure of the Landfill, because ADEQ had mandated the methane problem be addressed as part of the closing process, and FTN would oversee both contracts. He explained the $95,000 cost was a percentage of the estimated cost of installation of the synthetic liner, methane wells and flares. He explained they would oversee everything to closing. Councilman Farmer questioned the cost stating at one time the price for the liner was estimated at 1.5 million due to hurricane Katrina, and the City of Jonesboro was waiting to see if the numbers would go back down. Neither Mayor Formon, nor Mr. Hooton knew if the price had gone back down. Mayor Formon asked if it could be held for two weeks, and Mr. Hooton stated they presented it so they would not have to go through the formal bidding process. Councilman Farmer stated at one time the Administration was checking on a State Super Fund. Mayor Formon explained Attorney Ralph Ohm was checking on it, but had stated to proceed and if the Super Fund was available the cost could be reimbursed. Councilman Street moved, seconded by Councilwoman Furr for the adoption of the resolution. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:77.
Mayor Formon announced the ditch of Flemon Road (Beaver Creek) had been cleaned out, but no approval had been granted by the Planning Commission for future development. Mr. Hooton explained the City of Jonesboro provided pipe to Craighead County who did the installation of the pipe and the rest is in the hands of the State of Arkansas. Dr. Jim Sanders was recognized, and reported the ditch on Flemon Road had not been cleaned out, with no east/west drainage. He questioned the status of the retention/detention ponds necessary to take care of the flow under Woodsprings Road (Hwy 226). Mr. Claude Martin disagreed with Dr. Sanders’ statement, saying the ditch had been cleaned out enough to take care of the water coming off the subdivision into the ditches.
Councilman Farmer moved, seconded by Councilman Dover to move the discussion concerning the purchase of the Best and Meadows properties after public comment. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Street announced the Public Works meeting would be moved to July 6, 2006, at 4:30 p.m. due to the 4th of July holiday following the City Council meeting.
Councilman Perrin moved, seconded by Councilman Farmer to suspend the rules and consider two resolutions that had missed the agenda deadline. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Farmer moved, seconded by Councilman McCall for the adoption of a resolution amending the structure and terms of the Community Development Block Grant (CDBG) Citizen Advisory Committee. Councilman McCall questioned the resolution requiring a member to serve no more than two consecutive terms. Ms. Gayle Vickers, CDBG Coordinator explained she just honored the appointments made by her predecessor rather than changing the entire committee. Mayor Formon questioned if term limits were a HUD requirement. Ms Vickers stated it was not, as long as citizens were represented appropriately. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:75.
Councilman Moore moved, seconded by Councilman McCall for the adoption of a resolution appointing members to the Community Development Block Grant (CDBG) Citizen Advisory Committee. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley. The resolution was assigned number 2006:76.
Councilman McCall reported on the meeting of the Nominating and Rules Committee regarding consideration of the voting process and city government. He stated it was one of the best public discussions he had been involved in since serving in public office. He explained input was provided by Jim Hargis, members of the Nominating and Rules Committee, Rev. Charles Coleman, and Everett Fair of Beacon and Bridges and there was a consensus that making an entire process change in city government may not be the solution. Councilman McCall stated he had received more calls pertaining to the City Manager form of government than he had on ward voting. Councilman Moore explained they came to the conclusion, the current system is serving the community adequately and they were not going to throw out Jonesboro’s system of government without just cause. Councilman Moore further explained that Dr. Coleman and Rev. Fair were asked to submit a written plan so it may be evaluated, but at this current time no change was warranted. Councilman Farmer stated at first he favored ward voting, and supported a hybrid system as a compromise so not to hurt the City of Jonesboro; however after learning more of the process he believes the best system is “at large” for reasons of accountability. He explained under ward voting a council member becomes answerable to only 1/6th of the citizens of Jonesboro and must be an expert in all city matters (streets, drainage, finance, and economic development), under at large voting there is more accountability because citizens elect each individual council member and they are able to combine their expertise for the good of the whole city. Mayor Formon stated he too was originally for ward voting, but had been convinced by Mr. Ted Fortenberry that a hybrid or leaving the system as it is would be the best for Jonesboro. He stated a hybrid would allow for less expensive campaigns for aldermen races. Dr. Charles Coleman stated the Nominating and Rules Committee meeting was an excellent meeting. He commended Alderman Chris Moore for coming and speaking with residents in his Ward. Dr. Coleman explained there was a high illiteracy rate in Jonesboro and therefore many do not read the newspaper, and many do not get channel 8 in Jonesboro. He recommended a broad education in the community on city government, explaining the average citizen does not have the information necessary to communicate, which causes a divide. He explained communication needed to be provided in different ways, due to the various handicapped citizens. He explained he was dissatisfied with the public forum on ward voting because the people who attended never attend city council meetings. He suggested people being placed on boards and commissions should be well known in the community so citizens would feel comfortable communicating with them, allowing that appointed person to represent the citizens.
Councilman Moore moved, seconded by Councilman Farmer to move the next city council meeting to Thursday July 6, 2006. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.
Councilman Farmer requested some economic analysis language by June 30, 2006, for review before the next Public Works meeting. Mayor Formon stated he and his staff would provide the information. He also requested information from Joel Gardner regarding the transit system. Mr. Gardner responded he would provide the information tomorrow. Councilman Farmer inquired about reports from Attorney Ralph Ohm’s office. City Attorney Crego stated they had contacted Mr. Ohm’s office today, but Attorney Ohm was out and his secretary was on vacation.
Councilman Farmer thanked everyone on the city council for their support of his appointment to the City Water and Light Board, and stated he and Mayor Formon were probably both right in their individual opinions regarding the appointment. Councilman Farmer explained when you serve as a city council member, and you do the job like it is suppose to be done, (giving the example of the Convention Center) you will undoubtedly make some powerful people angry, but the City Council is elected to represent all of its citizens. He explained he had spoken with the Chairman and Vice Chairman who assured Councilman Farmer they had no problem with his appointment.
Nancy Chrisman, Executive Director of the Jonesboro Central Planning Association was first to address the Jonesboro City Council regarding placement of the Public Works Department. She stated they wished to register their preference not to select the Best Property because of the location near the Downtown Revitalization Area located along Flint and Cate. She complained the garbage trucks would not be in the best interest of the development of the downtown area, and referred to restaurants being encouraged to locate in the area. Councilman Perrin pointed out both locations of the Best Building and Meadows Construction were located in close proximity to the downtown area. Councilman Farmer stated with the problems being created by the garbage trucks and large equipment, he questioned if such items should be located at either site. He explained there were residences at both locations.
Prior to Dr. Stephen Golden, President of the Board of Directors of the Downtown Jonesboro Association, addressing the Jonesboro City Council regarding this same matter, Councilman McCall responded to a newspaper article whereby someone was quoted as saying the Mayor’s Office and the Jonesboro City Council had not done anything to support the downtown area. Councilman McCall disagreed with the statement saying both branches of government had tried to help the downtown area, and encouraged better communication with regard to their needs. In response, Ms. Chrisman thanked the Jonesboro City Council, stating the Urban Parks Team had assisted in clean up of the downtown area and for sprinkler system repairs.
Councilman McCall stated there is no one on the Council who isn’t trying to help the Downtown Jonesboro Association and added there is a concern for a stable and clean downtown Jonesboro. Dr. Golden responded by saying Ted did not speak for the Downtown Jonesboro Association or the JCPA; rather, Ted was interviewed by a reporter and stated his personal views. Dr. Golden further stated he would not have been there if he thought the Mayor or the Council turned a deaf ear to his complaints. He explained his philosophy is to bring as many solutions as possible. Dr. Golden stated he’s worked with Mr. John Freeman, President of the JCPA, to try and speak with one voice as to the problems and downtown needs and what the City can do to help. He added he’s interested in better communications with the City. Dr. Golden stated the Downtown Jonesboro Association would like to express opposition to the proposed relocation to the Best properties because of the heavy trucks moving through the downtown area and the smell. He urged the City to consider other options. Dr. Golden stated Gee Street provides better access for the trucks to come in and out of without having to go downtown. Councilman Farmer stated what the City uses the property for is just as much of an issue as where it is at. He questioned if the major reasons for the opposition is the heavy trucks and using it as an operational public works facility, with the smell and noise. Dr. Golden agreed those were the major reasons for the opposition. Councilman Street stated someone will use the building for something and it may not be as attractive as possible use the City has for the building. He added someone will buy the building and use it and it may not be what the Downtown Jonesboro Association wants. Councilman Farmer stated he just wanted to make sure he understood what the concerns were. Mayor Formon added there was also a possibility to park some of the trucks at the Solid Waste Authority off Highway 1 South, which could save costs in fuel. Councilman Street stated since the building is zoned industrial the City would not be able to go in and tell future owners of the building what they can and can’t do with it. Mayor Formon questioned whether Hummelstein planned on relocating. Ms. Nancy Chrisman stated she did not have official information, but there was previous interest in relocating closer to the Industrial Park. She added there has not been any action in the matter. Councilman Farmer questioned whether they were opposed to the City purchasing the property at all or whether they were just opposing using it for the garbage trucks. Ms. Chrisman questioned whether the area around the property would be made more attractive than it presently is. Councilman Farmer stated they haven’t gotten that far yet, but a building being occupied and used daily is more attractive than one that is not occupied and running down. Ms. Chrisman stated the garbage trucks would pose a problem for downtown, but a police car lot or a garage to work on cars wouldn’t be a problem. She added the problem is the garage trucks, the number of garbage trucks, how they would be cleaned and where the smell would go. Councilman Farmer stated he would support any recommendation not to put the trucks downtown. He added there are a lot of options they can look at and they’re trying to get more input. Mayor Formon stated during the budget process, Council members expressed interest in adding money to the budget for the DJA. Mayor Formon explained the Council members approved $10,000 for the DJA. He questioned what the plans are for the money and how it will be used. Dr. Golden stated he does not know what the money will be used for, but they will be meeting soon to discuss it. He added they have recently hired an administrative assistant and part of her job will be to inform all the downtown merchants, even those not part of the DJA, of what their intentions are. He explained they are trying move towards one voice between the JCPA and DJA as to what they want to accomplish, but sometimes individuals will say things because he cannot please everyone as president of the association. Councilman Perrin added the City funded the study to revitalize downtown and gave $75,000. Councilman Dover questioned what will be done with the garbage trucks. Councilman Moore questioned why the problem isn’t being handled by the Public Works committee. Councilman Farmer explained when the Council toured the facilities, they decided to have this discussion so everyone could be informed due to the large expenditure and the affect on the City and its employees. He added any decision may be premature until the results are back from the spatial study. Mr. Teddy Hooton presented the Council with a comparison of the two sites. Councilman Farmer questioned whether the estimates include using the existing landfill sites. Mr. Hooton stated some of the items not used as often could be stored at the landfill. He added the fuel system is located at the landfill as well. Councilman Farmer questioned whether the system will need to be constantly monitored because of the methane gas system. Mr. Hooton stated the system will need to periodically system to make sure the flare is operational and burning, but does not think someone will need to be stationed out there. Mayor Formon questioned if it’s a problem if the office is located in a different area than the equipment. Mr. Hooton stated it was not as bad as what he thought it would be. He added its nice having everyone at one location, but having things at two locations can be managed and worked. Councilman Farmer stated they should look at the needs of all the departments and look at the property available so the City doesn’t spend any extra money. He added, instead the City can use the money towards other improvements such as streets and drainage or fire stations. Councilman Farmer further stated the City should get the most of the current resources and make a long-range plan for all the City’s needs. Mayor Formon added the long-range committee determined the Justice Complex would still need to remain downtown because of the jail and court system’s locations. He added the municipal complex would also need to be located downtown so the departments can be close to other departments in the area. City Attorney Phillip Crego added those were not the properties the committee looked at. Councilwoman Furr questioned how in-depth the spatial study would be. Mr. Otis Spriggs explained they are looking at all the departments and their relationship to other departments. He added they have been sitting on the contract for two weeks because of the timing of the committees, but an ordinance has been prepared for Finance Committee to recommend to the Council. He stated it will take the company about a month and a half to complete the study. Mayor Formon stated the property by the back fence that Councilman Farmer had questions about is owned by the railroad company. Councilman Dover questioned how long it would be to hear back from the Solid Waste Authority. Mayor Formon explained they haven’t spoken with the Solid Waste Authority yet concerning keeping some trucks on their property.
With no further business, Councilman Farmer moved, seconded by Councilman McCall, to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Perrin, Street, Dover, Furr, McCall, and Ashley.