The City Council of Forrest City, Arkansas, met in regular session on May 6, 2008. The meeting was called to order at 6:00 p.m. Alderman Peacock opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Peacock, Jeffers, Fields, Hollowell, Capps, Oswalt, and Twillie. Alderman Breeding was absent.

Alderman Jeffers made a motion to approve the minutes of the previous meeting. Seconded by Alderman Fields. Roll Call: All Ayes.

Alderman Oswalt made a motion to approve the minutes of the special call meeting on April l7, 2008. Seconded by Alderman Fields. Roll Call: All Ayes.

Committees
None

Unfinished

Shop House Appraisal
Mayor McCoy stated during the last council meeting they discussed the selling of the city shop property to Mr. Charles Holland. The property appraised at $23,000. He spoke with Mr. Holland and they negotiated a price of $15,000. Mayor McCoy asked the council if they approved of the negotiated price and what are their wishes. Alderman Oswalt asked Mr. Holland if he was alright with the negotiated price. Mr. Holland stated he was leaving it up to the council. Alderman Twillie asked was the price negotiated? Mayor McCoy stated he and Mr. Holland had a lengthy conversation and Mr. Holland said the $15,000 was certainly a price he could live with.

Alderman Twillie made a motion to sell the house for the negotiated price. Seconded by Alderman Capps. Alderman Peacock asked if there was any justification for selling the house under the appraised price. Alderman Twillie stated it seems that the council members, since Mr. Holland has lived there a long time, should show some sensitivity, and express some gratitude. The reason he is making the motion is it seems, as there is an agreement between two parties. Alderman Jeffers asked Mayor McCoy how they arrived at the $15,000 price. Mayor McCoy stated he and Mr. Holland sat down and had a lengthy conversation, he took into consideration a few things: the work that has to be done on the property, the fact that Mr. Holland has lived there all those years and never had to pay rent or mortgage. Making a rational decision all those thing have to be considered, but it is the council’s will to do what they see fit.

Alderman Peacock asked what about the other employees that have worked for the city l5 or 20 years that had to pay rent or buy property? This is an additional benefit to one employee. He also stated if the city did not need the property it should be put out for a public bid. Alderman Capps stated that Mr. Holland has been allowed to stay there as a night watchman for the city shop, he thought that Mr. Holland has done a good job over the years and he did not think that there is a possibility that Mr. Holland would try to claim the property under adverse possession. Alderman Capps also stated the council voted for the mayor to negotiate a price with Mr. Holland; he did for $15,000. Roll Call: Alderman Hollowell, Oswalt, Capps, Twillie, Fields, and Jeffers All Ayes. Alderman Peacock voted no. Alderman Breeding was absent.

Attorney Cline recommended, to stay legal, to do an ordinance that would waive the bidding requirements so the council would be in good standing with their own city laws. He would get an ordinance done for the next city council meeting.

Update City Shop Design
Mayor McCoy stated he spoke with Rodney, of West Memphis, the earlier part of the week; he is getting ready to turn the project over to the engineers so they can go on and complete the designs so it can be put out for bid and hopefully the designs will be ready this week. Mayor McCoy also said that Rodney stated that from all of his experience, of dealing with different projects, he hoped that this project would come in under $200,000.

Ball Park Light Pole Update
Mayor McCoy stated the light pole is in and he is currently waiting on the lights to come in; in order to set the pole. He also stated they decided not to get a metal pole; the pole that was purchased is more than enough to handle the lights. Alderman Twillie asked if there is something in writing that would say the pole meets the specifications. If so, he said his position is yes. “Otherwise, my position is no.” He also stated the council voted for a metal pole. Mayor McCoy stated the council did not vote for a metal pole; there were a couple of bids for a metal pole. Alderman Twillie stated he would like to have something in writing stating that the pole is adequate based on the number of lights that have to go on the pole. Mayor McCoy stated not only would the new light pole be stronger, the light would be of a newer type and not as heavy. Alderman Twillie stated if a rule states it, unless grandfathered in, the council needs to follow what is written. Mr. Davis, Entergy representative stated he would give the council some contact numbers to call to get some specifications for the pole.

Ballpark Splash Pad/Skate Park update
Mayor McCoy stated he recently spoke with Perry Carr of ETC. Carr has received a signed contract from the contractor and Perry will mail it to the mayor this week. The goal is to schedule a pre-construction conference with the contractor, a notice to proceed should follow, and hopefully the contractor should start work within the next 10 days. Mayor McCoy also stated he spoke with Attorney Cline in reference to amending the budget for the $70,000, the city’s portion that was not budgeted for this year. Clerk Cochran stated the council should wait until the year end to amend the whole budget.

New Business
Carroll & Carroll Investments Inc. Re-Zoning
Alderman Capps stated Scott Carroll of Carroll & Carroll Investments, Inc. appeared before the Forrest City Planning Commission asking for a re-zoning of 426 East Cook Street from residential to commercial. Mr. Carroll presented the planning commission with all the necessary procedures. The planning commission unanimously recommended to the city council that the house be re-zoned from residential to C-3 neighborhood commercial, the west side of the property is zoned commercial, and the business can be open from 5:30 a.m. until 8:30 p.m.

Alderman Oswalt stated the minutes reads in lieu of the 20ft buffer, will Mr. Carroll put up a privacy fence. Alderman Capps stated he had a discussion with Mr. Carroll the 20ft landscape buffer does not come into play there because there is not 20 feet between the two structures. There is already an existing fence and a head row, Mr. Carroll is going to check with the owners to the east to see if they were going to leave the chain link fence. Mr. Carroll stated he would check with Ms. Petri, after approval, he would put the fence on both sides. Alderman Capps stated that the Forrest City Planning Commission recommended to the Forrest City Council that the property at 426 East Cook Street be re-zoned from residential to C-3 commercial zone and a variance for a wooden fence in lieu of the 20ft landscape buffer.

Attorney Cline state Mr. Carroll would have to present a rezoning ordinance because the zoning ordinance is being amended, the variance could be voted on but not the rezoning.

Alderman Capps stated the ordinance would be ready for the next council meeting for rezoning.

Cloverleaf Project
Mr. Carroll gave an update on the Cloverleaf project.

Resolution
Mayor McCoy asked Attorney Cline to discuss the resolution amending the personnel policy handbook. Attorney Cline stated the resolution came as a result of an EEOC investigation that has been successfully resolved for the city. EEOC recommended that the city amend its personnel policy. The resolution states that the city does intend to comply with the Americans Disability Act it is a federal law and the city has to comply anyway. Attorney Cline also stated he told the investigator that he would prepare a resolution and it would have to be adopted by the city council.

Attorney Cline read A Resolution Amending Personnel Policy Handbook, City of Forrest City, Forrest City, Arkansas, Providing for Compliance with Americans, with Disabilities Act of 1990. Sponsored by Alderman Twillie. Alderman Oswalt made a motion to adopt the resolution. Seconded by Alderman Twillie. Roll Call: All Ayes.

Multi purpose Center
Alderman Fields commented some of the citizens had asked her when the city council would rename the Multi Purpose building after former Mayor Bryant, which, the council had voted. The citizens want to do a dedication service. Mayor McCoy stated the architect out of West Memphis is planning to look at the city shop project and some type of designs and letters for the Multi Purpose building. Mayor McCoy also stated he supports a dedication ceremony but nothing has been done at the present.
Alderman Fields also stated she did not think the council should wait too long, since it was something that already passed.

STREET FUND BILLS

Alderman Twillie made a motion to pay street fund bills totaling $9,169.97. Seconded by Alderman Oswalt. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Hollowell made a motion to pay general fund bills totaling $66,631.71. Seconded by Alderman Capps. Alderman Capps asked Interim Chief Duch what happens to drug seized cars that the city pays wrecker bills on and if storage is being paid? Interim Chief Duch stated in an undisclosed location until they are forfeited so the parts won’t be stolen and no storage is being paid. Roll Call: All Ayes.

Announcements

Mayor McCoy mentioned the Arkansas Municipal League convention June l8-20 2008.

Alderman Twillie made a motion to adjourn at 6:35 p.m.

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Gordon McCoy, Mayor
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Derene Cochran, Clerk-Treasurer