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Minutes from the City Council meeting on March 19, 1990.
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CITY COUNCIL MINUTES - MARCH 19, 1990
The Jonesboro City Council met in regular session at 7:30 p.m. Present were Mayor, City Clerk, City Attorney and Aldermen Hannah, Park, Stricklin, Evans, Bridger, Province, Mays, Strauser, Hinson and Nix. Alderman Shelton and Sanderson were absent.
The minutes of March 5, 1990, were approved as mailed on motion by Mr. Stricklin, seconded by Mr. Evans. All voted aye.
The following ordinance was on third reading and read by the City Attorney: (RR&G Partner-ship annexation South-view Acres)
ORDINANCE ACCEPTING CERTAIN LANDS ANNEXED TO THE CITY OF JONESBORO, ARKANSAS, BY ORDER OF THE COUNTY COURT OF CRAIGHEAD COUNTY, ARKANSAS; ASSIGNING SAID ANNEXED TERRITORY RESIDENTIAL (R-1): DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES
Mr. Park moved, seconded by Mr. Stricklin for the adoption of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2260.
Mr. Stricklin offered the following ordinance for first reading which was read by the Clerk (Rez / R -1 to I -1, C. Carr W. side of Harry Dr.)
AN ORDINANCE TO AMEND #954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR THE CHANGE IN ZONING BOUNDARIES AND FOR OTHER PURPOSES
Mr. Stricklin moved, seconded by Mr. Hannah to suspend the rules and place on second reading. All voted aye. The ordinance was read for the second time. Mr. Stricklin moved, seconded by Dr. Strauser voted in the affirmative. Aldermen Hanna, Park, Evans, Bridger, Province, Mays, Hinson and Nix voted nay. The motion failed 2 - 8.
The following bids were up for review:
90:08 - FAA Cleaning
The Mayor stated he had met with the low bidder; K and K Cleaning and recommended accepting the low bid meeting specifications and leaving the mowing intact. Mr. Park moved, seconded by Mr. Evans to accept the Mayors recommendation. All voted aye.
90:10 - Public Works radios
Mr. Hannah moved, seconded by Mr. Hinson to accept the low bid meeting specifications from Radio Communications. All voted aye.
90:11 - Cemetery mower
Mr. Mays, Chairman of the Cemetery Committee requested tabling the bid until the Cemetery Committee could review the bids.
90:12 - asphalt
Mr. Bridger moved, seconded by Mr. Park to accept the low bid meeting specifications from Atlas. All voted aye.
90:13 - tire repairs
Mr. Hannah moved, seconded by Mr. Bridger to accept the low bid meeting specifications from Memphis Bandag. All voted aye.
90:14 - crushed stone
Mr. Hannah moved, seconded by Mr. Bridger to accept the low bid as shown on the bid sheet to each individual vendor meeting specs. All voted aye.
90:15 - concrete blocks
Mr. Park moved, seconded by Mr. Bridger to accept the low bid meeting specifications. All voted aye.
90:16 - thermoplastic material
Mr. Bridger moved, seconded by Mr. Mays to split the bid according to the amount purchased accepting the low bid meeting specifications. All voted aye.
90:17 - ready mix concrete
Mr. Bridger moved, seconded by Mr. Park to accept the low bid meeting specifications from Nettleton Ready Mix. All voted aye.
90:18 - concrete pipe
Mr. Evans moved, seconded by Mr. Bridger to reject bids on corrugated pipe and rebid the item and to accept all other as meeting specifications. All voted aye.
Mr. Hannah offered a resolution allowing the city to participate in state contracts for purchasing purposes. Mr. Hannah then moved, seconded by Mr. Park for the adoption of the resolution. All voted aye. The resolution was given the number 1990:16.
Mr. Park offered a resolution establishing an annual permit fee of $10.00 for twice annual inspections for mobile homes placed under a permit. City Planner, Eric Winter stated complaints have been received that the mobile homes approved under the latter have been converted to rental property. Mr. Park moved, seconded by Mr. Province for the adoption of the resolution. A roll call vote was taken and all voted aye. The resolution was given the number 1990:17
Mr. Mays moved, seconded by Mr. Nix to reappoint Ben Lamberth and Guy Patteson to the MAPC. All voted aye.
Mr. Hannah moved, seconded by Dr. Strauser to amend the Travelers Pension Retirement Plan for the employees of the City of Jonesboro, Arkansas, Article 1, Section §1.3, titled “Employee” to read as follows: Employee means any person enrolled in the active employment rolls of the Employer on or after the effective date of this plan and shall include leased employees within the meaning of Section §414 (n) (2) of the Internal Revenue Code (excluding employees whose customary employment is for not more than twenty (20) hours in any week or not more than five (5) months in any one year). Notwithstanding the foregoing, if such leased employees constitute less than twenty percent (20%) of the employer’s non-highly compensated work force within the meaning of Section §414 (n) (5) (C) (ii) of such code, the term “Employee” shall not include those leased employees covered by a plan described in Section §414 (n) (5) of such code unless otherwise provided by the terms of the Plan;” and to amend Article VI, Section §6.3 titled “Deferred Retirement Benefit” to read as follows: The monthly amount of Deferred Retirement Benefit payable to an Employee retiring on his Deferred Retirement Date shall be determined in the same manner as to his Normal Retirement Benefit, based on his credited service and career average earnings to his deferred retirement date;” with the effective date of the amendment being November 1, 1989. All voted aye.
Under new business, the Mayor stated a mobile home in an R -1 residential zone off Magnolia Rd. was recently destroyed by fire with said location included in the April 7 annexation. Since the mobile home was considered “non-conforming”, he asked Council to consider granting an exception to allow the owner to move a new mobile home onto the lot to replace the burned unit which had been on the lot 4 to 5 years. Replacement of the mobile home does not meet the test of the “hardship” provision of the existing ordinance and the current ordinance allows placement of a mobile home on a lot with an existing residence for health reasons with approval of a conditional use permit, and the property owner must be a relative of the individual utilizing the mobile home. He added that the non-conforming ordinance is being worked on for revision following its first reading 11/6/89. Mr. Winter recommended a revision to the ordinance considering hardship cases due to an Act of God or by “fire”. City Attorney Pam Honeycutt stated Aldermen must amend the existing ordinance since there is no provision for emergency exceptions. Mr. Winter suggested that his department could issue an “emergency” permit for this mobile home and added that his department could utilize the proposed amendment as the basis for policy determination in the future. Chairman of the Mobile Home Committee, Cecil Province stated Aldermen need some additional time to consider any changes. Dr. Strauser suggested that Aldermen resolve the issue before the property owner on Magnolia Rd. invests in a replacement mobile home. The City Attorney stated a temporary permit would give Aldermen time to consider the proposed amendment. The City Planner stated since the ordinance is for a section of the Zoning Chapter of the Code, Public Hearing would be required. Mr. Evans stated two definitions of the word hardship exist. The Mayor asked for a roll call straw vote of Aldermen to amend the ordinance to allow individuals who lose mobile homes through fire and other Acts of God to replace the residence although the mobile home is considered “non-conforming”. All voted aye.
Under new business by Council, Mr. Hannah requested all department heads to provide the Finance Department with written notification of old vehicle usage.
Dr. Strauser reminded Aldermen of the Political Fish Fry sponsored by the Jaycees at the Craighead City Fairground on April 5, 1990, at 6:30 p.m.
With no further business, the meeting adjourned.