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Minutes from the City Council meeting on April 21, 2003
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CITY COUNCIL MINUTES - APRIL 21, 2003
The Jonesboro City Council met Monday, April 21, 2003, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Hubert Brodell, City Clerk, Donna K. Jackson, City Attorney, Phillip Crego and twelve council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy.
Councilman Moore moved, seconded by Councilman Perrin to approve the minutes of April 7, 2003, as previously delivered. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy.
City Attorney Phillip Crego reported on two lawsuits involving the City of Jonesboro. The first case was the City of Jonesboro and City Water and Light Vs. Norsworthy. Mr. Crego reported the case was waiting opinion from Judge Lee Fergus. The second case was a condemnation lawsuit involving the City of Jonesboro Vs. Bingham. The city had appraised the property for $28,000 and Mr. Bingham's appraisal was for $88,000. The case was settled with a judgment for $42,000.00. Attorney Crego provided a Settlement Agreement between the City of Jonesboro and Bill's Fresh Market and asked that it be approved. Councilman Street moved, seconded by Councilman Moore for approval of the Settlement Agreement. Councilman Young and Councilman Perrin abstained from voting because of their involvement with First Community Bank. Those members voting aye were: Farmer, Province, Hargis, Moore, Williams, Street, Dover, Copeland, McCall and Roddy.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM I-1 LIMITED INDUSTRIAL DISTRICT TO C-3, LUO LIMITED USE OVERLAY DISTRICT, LOCATED ON THE NORTHEAST SIDE OF HIGHWAY 63, AT THE SOUTH END OF MOORE ROAD. (Wayne Long)
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, Young, Dover, Copeland, McCall, and Roddy. Councilman Copeland moved, seconded by Councilman Perrin 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, Young, Dover, Copeland, McCall, and Roddy. The ordinance was assigned ordinance number 3404.
The following ordinance was on the third and final reading:
ORDINANCE AMENDING ORDINANCE NO. 3390, THE 2003 BUDGET ORDINANCE PROVIDING FOR THE POSITIONS OF CITY COLLECTOR AND ACCOUNTING TECHNICIAN I, AND APPROPRIATING NECESSARY FUNDS
Councilman Farmer 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, Young, Dover, Copeland, McCall, and Roddy. Councilman Copeland moved, seconded by Councilman Perrin 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, Young, Dover, Copeland, McCall, and Roddy. The ordinance was assigned ordinance number 3405.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL C-3 TO RESIDENTIAL R-3 LOCATED ON THE NORTH SIDE OF CONRAD DRIVE, WEST OF CARAWAY ROAD (Roy Cooper)
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: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. No further action was taken.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL C-3 TO RESIDENTIAL R-1 LOCATED ON THE NORTHEAST CORNER OF WARREN STREET AND DAYBREAK DRIVE (Tim Meredith)
Councilman Perrin moved, seconded by Councilman Street to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. No further action was taken.
Councilman Dover offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL R-2 AND COMMERCIAL C-2 TO INDUSTRIAL I-1, LOCATED ON THE SOUTH SIDE OF BURKE AVENUE, WEST OF FLINT STREET, NORTH OF KREWSON STREET AND EAST OF MCCLURE STREET (Best Diversified)
Councilman Moore moved, seconded by Councilman Street to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. No further action was taken.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL R-1 TO COMMERCIAL C-3 LIMITED USE OVERLAY, LOCATED ON THE SOUTHEAST CORNER OF VALLEY VIEW DRIVE AND WEAVER ROAD (Doyle Yarbrough)
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: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. No further action was taken.
Councilman Moore moved, seconded by Councilman McCall for the adoption of a resolution to condemn property located at 1435 South Flint Street for the widening of Flint as required for the W. Nettleton Mata Project. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. The resolution was assigned resolution number 2003:23.
Councilman Moore moved, seconded by Councilman Street for the adoption of a resolution to set a public hearing for the purpose of vacating a fifteen-foot (15') sewer easement located off Parker Road near Higginbottom Creek. Councilman Farmer abstained from voting because Farmer Enterprises, Inc. is the titleholder of the property and has entered into a contract for sale of the property to Home Depot U.S.A. A voice vote was taken resulting in all members voting aye with the exception of Councilman Farmer. Those members voting aye were: Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. The resolution was assigned resolution number 2003:24.
Under new business, Councilman Street offered a resolution establishing a 180-day moratorium on permits for the location and construction of off-premises billboards and high-pole signs and communication towers. A voice vote was taken resulting in all members voting aye with the exception of Councilman Farmer who abstained from voting. Those members voting aye were: Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy. The resolution was assigned resolution number 2003:25.
Councilman Young announced three meetings. The first was a Parks Advisory Committee meeting at the Parker Community Center, for Wednesday, April 23, 2003, at 12:00 noon with a Parks Committee meeting following. The third meeting was for Thursday, April 24, 2003, at 4:30 p.m. at the Parker Community Center for the purpose of providing a list of Parks and Recreation priorities for the next fifteen years.
Councilman Young made a formal request to the Nominating and Rules Committee to change the current Rules and Procedures Ordinance pertaining to the scheduling of committee meetings. Councilman Young explained as a Sub Committee Chair he is required to contact the Chairman for the purpose of scheduling a committee meeting, who in turn would contact City Clerk, Donna Jackson for placing the meeting on the Council's Calendar. Mr. Young stated the procedure was bureaucratic and possibly a FOI A violation, citing Attorney General Opinion 94-167 which states that telephone communications between two persons who are members of any entity subject to the FOIA would constitute a "meeting" under the act if the telephone call is made for the purpose of discussing or taking any action on any matter on which foreseeable action will be taken by the entity of which they are members. City Attorney Crego concurred with Councilman Young saying if one council member contacts another council member it would give rise to the potential for a violation of the FOIA, and suggested the Nominating and Rules Committee request a written Attorney General's Opinion. Councilman Farmer explained an Attorney General's Opinion would provide clarification on the intent of the law regarding one alderman contacting another alderman for the purpose of scheduling a public meeting verses the prevention of back-room deals being cut. Councilman Copeland, Chairman of the Nominating and Rules Committee stated they would research the matter further and provide a recommendation to the full council.
Councilman Young also addressed the Jonesboro City Council regarding a report that was to be provided by the Mayor's Assistant, Larry Johnson but who was unable to give the report due to illness. Councilman Young stated he had gathered the information provided to council members. The information included the following information.
•Memo from Larry Johnson
•Cut Sheets dated 8/24/1999, for 7.263 cubic yards of dirt to be moved at Miles Park.
•Statement dated 9/26/2000, from Roddy Land leveling and Surveying in the amount of $7,500.00.
•Check #7836 dated 10/5/2000, to Roddy Land leveling in the amount of $7,500.00.
•Letter dated 10/18/200, from Mike Gott, the Willet's Attorney, to Larry Johnson.
•Letter dated 9/20/2001, from Mike Gott to Larry Johnson.
•Letter dated 10/10/2001, from Mike Gott to Larry Johnson
•Letter dated 8/26/2002, from Mike Gott to Larry Johnson.
•Letter dated 3/24/2003, from Mrs. J. C. Willett to Mike Gott.
Councilman Young stated that Mayor Brodell had been authorized by the Council to pay all invoices up to $10,000.00 for the September 26, 2000, invoice to Roddy Land Leveling & Surveying. He also stated the letter dated October 10, 2001, from Mike Gott to Larry Johnson stated the drainage issue had been resolved; that the City agreed to install a six foot (6') fence on the property line; and the one remaining issue was the installation of a red tip shrub as a sound barrier. Councilman Young stated the letter dated March 24, 2003, from Mrs. J. C. Willett to her attorney, Mike Gott had appeared on Larry Johnson's desk, but Mr. Johnson did not know how it got there. Mr. Young explained that on April 14, 2003, he and Parks Director, Jason Wilkie had looked at the property and recommended the Parks Committee review all the information provided for the purpose of discussing the matter.
Councilman Dover moved, seconded by Councilman Perrin to reimburse 50% of the expenses occurring from the Washington, D.C. trip taken by Councilman McCall and Councilman Farmer on behalf of the City of Jonesboro. It was explained the money was to come from the same budget used to pay for expenses for Councilman Young and Councilman Perrin who attended the same meeting in 2002. A voice vote was taken resulting in all members voting aye with the exception of Councilman Farmer and Councilman McCall who abstained from voting. Those members voting aye were: Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, and Roddy.
Councilman Farmer announced the Infrastructure Committee would be reviewing bids for four drainage improvement projects, with one pertaining to a surety bond on the developer. Alderman Farmer explained they would need an opinion from City Attorney Crego on that particular bid.
Councilman Moore requested the Sanitation Committee look at the Clean Sweep Program. He explained a solution is needed for the piles of debris being placed on the side of the road and left for long periods of time. Also, Councilman Moore suggested the Parking Committee establish procedures for off-street and on-street parking. Councilman Moore announced Project 365 cleanup would meet at Bruce's Market this Saturday at 8:00 a.m. Councilman Moore explained the Infrastructure Committee had requested a legal opinion from City Attorney, Crego regarding the extension of Medallion Drive located on the Latourette property and explained they needed the opinion by the next Infrastructure Committee meeting, scheduled for Monday, May 5, 2003, at 5:15 p.m.
Councilman Perrin reported he had provided a draft to the Public Safety Committee meeting for the Assistant Director's job description, and the Director's job description.
Under public comment, Mrs. Barnett addressed Council regarding the items submitted by Councilman Young. She explained the letter from her attorney, Mike Gott stated the drainage appeared to be resolved, emphasizing the word appeared, and further explained the drainage problem was not resolved. She explained her mother, Mrs. Willet wants the fence inside the property line, not on the property line to prevent the City of Jonesboro being able to take it down at will and becoming community property. She explained her family has obtained a reasonable property assessment, asked for a time frame as to when the City of Jonesboro intends to resolve the matter. City Clerk Donna Jackson requested documentation from both Councilman Young and Mrs. Barnett.
Next to address the Council was Mr. Terry Reece who submitted to City Clerk, Donna Jackson a petition containing 266 signatures in the form of an FOI, requesting notification of all council meetings and committee meetings (fire and police) where public safety director, Floyd Johnson, would be discussed. City Clerk Jackson explained notification is provided to the media on regularly scheduled meetings, but for special called meetings notification is only required to the media two hours prior to the meeting. However, Clerk Jackson stated as a courtesy she would gladly notify the spokesperson for the group of any such meeting.
Mr. Ken Stacks invited the Jonesboro City Council to lunch for the following day for an announcement of a new development.
Councilman Street announced a public hearing regarding the International Building Code tomorrow night at 6:30 p.m. at the Huntington Building.
With no further business, Councilman Moore moved, seconded by Councilman Street to adjourn. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Young, Dover, Copeland, McCall, and Roddy.