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Minutes for the City Council meeting on April 7, 1997
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APPEAL HEARING - 5:30 P.M. - An appeal hearing was held as requested by Mr. Jim Pyle and his attorney, Mr. Skip Mooney, Sr. Mr. Pyle was denied rezoning by the Metropolitan Area Planning Commission for Lots 4,5,6,7,9,10 and 12 of Wakefield Acres, located on the north side of Harrisburg Road on Wakefield Drive. Mr. Mooney explained the west and north sides of Stadium is commercial zoning. Some of the businesses were Lynn’s Upholstery, a car lot, and an apartment complex. It was explained that the property was annexed into the city as Residential One. The Metropolitan Area Planning Commission denied the rezoning request because Caymen Place when constructed promised single family dwelling even though zoned as Residential Three. However the Bill of Assurance for Caymen Place does provide for multiple family dwellings. Mr. Stan Burgess voiced opposition to the rezoning stating an apartment complex would have an adverse affect on property values. Mr. Burgess named several other residences who were opposed, but were unable to attend the meeting. The question was asked of Mr. Burgess would he be opposed to a Residential Two zoning that would allow for duplexes, rather than an apartment complex. Mr. Burgess stated he would not be opposed to duplexes. Mr. Mooney agreed to amend the ordinance to Residential Two.
PUBLIC HEARING - 6:00 P.M. - A public hearing was held for the abandonment of the southern 5 feet of the 20 foot sanitary sewer easement on Lot 12, Block V of No. 5 Fairway Homes. Mr. Carroll Caldwell had requested the public hearing. No opposition was voiced.
PUBLIC HEARING - 6:10 P.M. - A public hearing held for the abandonment of an undeveloped street, platted as Azalea Cove, located in Block D of Aggie Village and a portion of a cul-de-sac on Azalea Lane located in Block A of Aggie Village. Mike Cameron was requesting the public hearing along with his attorney, Mr. Skip Mooney, Sr. Discussion was held regarding the abandonment of the rest of Azalea Lane. Mr. Mooney stated he would supply an amended ordinance.
CITY COUNCIL MINUTES - April 7, 1997
The Jonesboro City Council met Monday, April 7, 1997, at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk, Donna K. Jackson, and 12 council members. Those members were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Vice Mayor Kelton presided over the meeting in the absence of Mayor Brodell who was away on official city business. City Attorney, Phillip Crego was unable to attend due to illness.
The minutes of March 17, 1997, were approved as mailed by Councilman Rega and seconded by Councilman Roddy. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
As the first order of business, Councilman Rega moved, seconded by Councilman Bowers for the adoption of a resolution authorizing the Mayor and City Clerk to enter into a one-year lease agreement between the City of Jonesboro and City Team Ministries, Inc. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:24.
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 (Farm Credit / Ralph Waddel)
Councilman Young moved, seconded by Councilman Roddy to limit debate to five minutes each side, for a total of ten minutes. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Mr. Ralph Waddel, attorney for Farm Credit stated that his client had been a good neighbor for many years, and with the expansion of Southwest Drive, they would be a better choice than another business. Mr. Waddel explained the rezoning would allow for additional parking, with no extra traffic, and would remain a quiet zone with the more restrictive Commercial Five zoning. Councilman Young stopped Mr. Waddel after five minutes. Mr. Louis Intres, spoke in opposition to the rezoning. Mr. Intres started by admitting he had signed a petition not to oppose the rezoning, it was only for the Metropolitan Area Planning Commission meeting, reserving the right to address City Council at a later date. From his research Mr. Intres explained that a precedence had already been set for commercial zoning, and it needed to be stopped. He stated with the widening of Southwest Drive, more businesses will want to expand into the residential area. A debate broke out among council members regarding procedure, when local residence wanted to voice their objections to the rezoning. Councilman Young insisted his motion to limit debate be honored, while Councilman Kelly and Councilman Province argued citizens have a right to be heard. Several of the council members stated they misunderstood the motion. It was their understanding the motion was for a ten minute time limit for each individual rather than a total of ten minutes (Five minutes for each side). Vice Mayor Kelton agreed to allow a short response from other local residence. Becky Frederick and Doug Frederick stated they were opposed to the encroachment. Further response time was granted to Mr. Waddel as well. Councilman Young moved, seconded by Councilman Rega for the adoption of the ordinance. A roll call vote was taken resulting in a 7 to 4 vote against the motion, with Councilman Crockett abstaining. Those council members voting nay were: Province, Kelly, Tate, Pratt, Fletcher, Bowers, and Roddy. Those council members voting aye were: Kelton, Rorex, Rega, and Young. The motion was denied.
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 (Max Dacus, Jr.)
Councilman Bowers moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was given the number 2765.
Councilman Roddy offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Max Dacus, Jr.)
Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Roddy offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Mitchell Caldwell)
Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Rega offered the following ordinance for the first reading:
Councilman Roddy offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Jim Pyle / Mooney, Sr.)
Councilman Tate moved, seconded by Councilman Fletcher to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye, with the exceptions of Councilman Rega and Councilman Young who voted nay. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Pratt, Fletcher, Bowers, and Roddy. The motion carried.
Councilman Roddy offered the following ordinance for the first reading:
AN ORDINANCE TO VACATE AND ABANDON THE SOUTHERN FIVE FEET OF A TWENTY FOOT SEWER EASEMENT ON LOT 12, BLOCK V OF NO. FIVE FAIRWAY HOMES. (Carroll Caldwell)
Councilman Rega moved, seconded by Councilman Crockett to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Crockett to further suspend the rules and place on the third and final reading. A voice vote was taken resulting in all council members voting aye, with the exception of Councilman Young. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Fletcher for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was given number 2766.
Councilman Bowers offered the following ordinance for the first reading:
AN ORDINANCE TO VACATE AND ABANDON AN UNDEVELOPED STREET, PLATTED AS AZALEA COVE, LOCATED IN BLOCK D OF AGGIE VILLAGE AND A PORTION OF A CUL-DE-SAC ON AZALEA LANE, LOCATED IN BLOCK A OF AGGIE VILLAGE (Mike Cameron)
Before the ordinance was read for the first time an amendment was made to include all of Azalea Lane. Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on second reading as amended.
The following ordinance was on the third and final reading:
AN ORDINANCE TO AMEND TITLE NINE, KNOWN AS STREETS AND SIDEWALKS BY AMENDING CURB AND GUTTER REQUIREMENTS IN THE STREET IMPROVEMENT PROGRAM STANDARDS MANUAL
Councilman Tate moved, seconded by Councilman Young for the adoption of the ordinance. A roll call vote was taken resulting in a 9 to 3 vote in favor of the motion. Those members voting aye were: Kelton, Province, Kelly, Tate, Crockett, Rega, Young, Fletcher, and Roddy. Those members voting nay were: Rorex, Pratt, and Bowers. The ordinance was given number 2767.
Councilman Bowers pulled the following ordinance:
AN ORDINANCE TO AMEND SECTION 8.16.03 OF THE JONESBORO CODE OF ORDINANCES TO ESTABLISH A PERMIT FEE FOR NON-OPERABLE VEHICLES
The following ordinance was up for third reading:
AN ORDINANCE AMENDING CHAPTER SIX OF THE JONESBORO CODE OF ORDINANCES PROVIDING THAT ANIMAL CONTROL OFFICERS ASSUME THE PRINCIPAL RESPONSIBILITY FOR ANIMALS; AMENDING THE AGE FOR DOGS BEING KEPT OVER FIVE, AMENDING THE DATE WITHIN WHICH A VACCINATION IS REQUIRED FOR ANIMALS
Councilman Pratt, moved, seconded by Councilman Bowers to table the ordinance until April 21, 1997, due to City Attorney, Phillip Crego being absent from the council meeting.
It was requested of the City Clerk, Donna Jackson, to make this ordinance the first order of business for the April 21, 1997, council meeting. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Young offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND THE JONESBORO CODE OF ORDINANCES, TO ESTABLISH A PUBLICATION REIMBURSEMENT COST BY ADDING SECTION 2.20.11 ENTITLED, “PUBLICATION REIMBURSEMENT COST”
Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Roddy to further suspend the rules and place on the third and final reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Young moved, seconded by Councilman Tate for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was given the number 2768.
Councilman Tate moved, seconded by Councilman Kelly for the adoption of a resolution setting a public hearing for April 21, 1997, at 6:10 p.m. in Municipal Court. The request for a public hearing was made by Michael Young to vacate the east one-half of the alley connecting Kitchen and Haltom Streets. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:25.
Councilman Young moved, seconded by Councilman Rorex for the adoption of a resolution setting a public hearing for April 21, 1997, at 6:15 p.m. in Municipal Court. The request for a public hearing was made by Christine Manning to vacate a ten foot utility easement located on lots 14 through 23 of Patricks Third Addition. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:26.
The following bids were reviewed for the Street and Street/Sanitation Departments:
•97:05 - ASPHALT
Councilman Tate moved, seconded by Councilman Young to accept the low bid meeting specifications from Atlas Asphalt. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97-06 - READY MIX CONCRETE
Councilman Young moved, seconded by Councilman Fletcher to accept the low bid meeting specifications from Nettleton Ready Mix. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97-07 - CONCRETE BLOCKS
Councilman Young moved, seconded by Councilman Rorex to split low bid meeting specifications between Swarco Ind. and Nettleton Ready Mix. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:08 - GLASS SPHERES
Councilman Rega moved, seconded by Councilman Pratt to accept the low bid meeting specifications from Glass Spheres. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:09 - HYDRAULIC FLUID & MOTOR OIL
Councilman Tate moved, seconded by Councilman Young to accept the low bid meeting specifications from Industrial Oils. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:10 - SAND & GRAVEL
Councilman Tate moved, seconded by Councilman Fletcher to accept the low bid meeting specifications, splitting the bid between Razorback Concrete and J.T. Trucking. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:11 - STREET PAINT
Councilman Tate moved, seconded by Councilman Pratt to accept the low bid meeting specifications from Global Industries. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:12 - CRUSHED STONE & RIP RAP
Councilman Young moved, seconded by Councilman Pratt to accept the low bid meeting specifications from Meridian. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:13 - RECAP ON TIRES
Councilman Young moved, seconded by Councilman Kelly to accept the low bid meeting specifications from Big Red’s. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:14 - CONCRETE & METAL PIPE
Councilman Young moved, seconded by Councilman Crockett to accept the low bid meeting specifications with a split bid from Thompson Culvert & Jonesboro Concrete Pipe. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:15 - SIDEWALK REPAIR
Councilman Fletcher moved, seconded by Councilman Pratt to reject the bid of Sartin, and to rebid the sidewalk repair work. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
The following appointments were reviewed:
Councilman Bowers moved, seconded by Councilman Roddy to appoint Mary Lee Blocker to fill the unexpired term of Dennis Gillis, on the Board of Zoning & Adjustment, with an expiration date of August 1, 1997. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Tate moved, seconded by Councilman Crockett to appoint Rohn Craft to fill the unexpired term of H. C. Todd to the Civil Service Commission, with an expiration date of April 1, 1999. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Young moved, seconded by Councilman Tate to reappoint Mr. Wallace Fowler to the Airport Commission, with an expiration date of April 16, 2002. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Under new business, Councilman Province stated that a procedures committee was formed for the purpose of establishing set procedures. Councilman Province explained he had been asked to respond to a Procedures Manual endorsed by the Arkansas Municipal League. He stated Council has a fully trained Parliamentarian, the City Attorney, and Phillip Crego.
Councilman Tate moved, seconded by Councilman Kelly for the adoption of a resolution to appropriate $50,000.00 from unallocated surplus for the immediate needs of the Parks Department and the Southside Complex. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given number 1997:27.
Councilman Rega moved, seconded by Councilman Young for the adoption of a resolution to appropriate $30,000.00 from unallocated surplus for four new sirens in areas not covered after the annexation. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given number 1997:28.
Councilman Tate moved, seconded by Councilman Kelly for the adoption, as amended, of a resolution to appropriate $2,000.00 from unallocated surplus for additional compensation to Marc Miles of Information Systems. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given number 1997:29.
Councilman Young moved, seconded by Councilman Tate for the adoption of a resolution to appropriate $23,881.02 from unallocated surplus for legal expenses for the acquisition of right-of-way at Windover & Race Streets. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given number 1997:30.
Councilman Pratt inquired about the cleanup program. He reported that a citizen living on Brazos had called Sanitation for a pick up date, but was told they would put her on the list with no specific date. Councilman Pratt stated he did not feel this was the most professional way to respond to the public. Mayor Brodell responded by saying that the effort to pick yard waste had been delayed due to excessive rainfall, and asked that citizens be patient.
Councilman Fletcher offered the following ordinance for first reading:
AN ORDINANCE TO AMEND SECTION 9.08.02 ENTITLED “APPLICATION FOR PERMIT” OF THE JONESBORO CODE OF ORDINANCES, TO ESTABLISH AN INSPECTION FEE AND FOR OTHER PURPOSES
Discussion followed regarding amending the ordinance before the next meeting.
Councilman Bowers reported that on the advice of City Attorney, Phillip Crego the General Buildings Committee makes the recommendation to not pay Olympus Construction for renovation done on the Justice Complex.
With no further business the meeting was adjourned.