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Minutes for the City Council meeting on March 3, 1997
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APPEAL HEARING - An appeal hearing was conducted by Council regarding the rezoning denial by the Metropolitan Area Planning Commission for 4.13 acres located on the southeast corner of Aggie Road and Longhorn Drive. Alpha Gamma Rho Alumni Corporation had petitioned for the appeal. Mr. Robert Finley spoke as the representative for Alpha Gamma Rho, explaining they were asking for the highest and best use of their property. Mr. Finley submitted documentation showing code requirements for Residential 2 zoning, and stated the fraternity property meets Residential 2 requirements. Mr. Finley pointed out that nowhere in the Residential 2 requirements, is traffic a consideration when determining the proper zoning. Mr. Finley stated the 4.13 acres could serve as a buffer zone between ASU property and residential property. Councilman Rorex questioned the need to sell the property as Residential 2 rather than Residential 1. It was explained that Alpha Gamma Rho wishes to move to the ASU campus, and build a new fraternity house. It was recommended by a Realtor, to rezone the property Residential 2 in order to sell the 4.13 acres, and make enough money to build the new fraternity house. Mr. Finley explained Alpha Gamma Rho has no choice but to sell because it cannot get the financial backing to rebuild off campus. In closing, Mr. Finley asked Council to overturn the Metropolitan Area Planning Commissions decision.
Dr. Eugene Smith, former Arkansas State University President was spokesman for residence in opposition to the rezoning of the 4.13 acres. A petition with over three hundred signatures opposing the rezoning was submitted to Council. Dr. Smith began by giving the history of the property, stating it had always been Residential 1. The property was obtained in the early 1970's from Mr. J.P. & Veda Beard who owned a single family house on the 4.13 acres. Alpha Gamma Rho built a room on to the single family dwelling where eight to ten agricultural students reside as fraternity brothers, not as a multi-family unit. Dr. Smith pointed out the property was annexed in 1972 as Residential 1(not in 1988 as stated in the petition submitted by Alpha Gamma Rho) Regarding a buffer zone, Dr. Smith explained most residence feel their property is enhanced by being next to Arkansas State University and do not want a buffer from the university property. With regard to highest and best use of the property, Dr. Smith stated Alpha Gamma Rho knew it was Residential 1 when they purchased the property, and it is not up to the Council nor the neighbors to lose money in order for them to make money.
Dr. Smith stated case law supports denial of zoning based on traffic. Dr. Smith gave traffic counts based on a study by the Highway Commission. He stated there would be a 24% increase in traffic. A letter was submitted opposing the rezoning by former Nettleton School Director Michael Johnson. Mr. Johnson is now the Director of the Cottage of Hope School located within the area. In his letter Mr. Johnson voiced concern over the safety and welfare of school-age children who would reside in the proposed 88 unit apartment complex. Mr. Ralph Morrison, former Metropolitan Area Planning Commission Chairman spoke in opposition to the rezoning stating to zone this property Residential 2 would be spot zoning. Mr. R. C. Hunter the land developer for many of the homes in the area, and a homeowner, explained he could easily sell his property for apartments and make more money, but it had always been designed for Residential 1 housing. Mr. Dan Mulhollen, engineer for the project, submitted a document from Peters & Associates showing a summary of trips generated per unit of the proposed apartment complex. The summary showed an increase of 553 trips (a trip is either a vehicle going into or out of the site) in a 24 hour period. Mr. Mulhollen stated he had conducted his own traffic count. Dr. Smith stated they did not believe the facts support Mr. Mulhollen’s survey because the count was done on a no school day and a Sunday evening. In closing Dr. Smith asked Council to up hold the Metropolitan Area Planning Commission decision.
PUBLIC HEARING - A public hearing was held regarding the abandonment of the unimproved portions of two (2) fifteen-foot utility easements in Raider Village. Mr. Jim Lyons was the attorney representing Phillips Investments. No opposition was voiced.
CITY COUNCIL MINUTES - March 3, 1997
The Jonesboro City Council met Monday, March 3, 1997, 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 12 council members. Those members were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
The minutes of February 17, 1997, were approved as amended by Councilman Rega and seconded by Councilman Roddy. The amendment was to bid 97:04 as follows: “to accept the low bid meeting specifications of Town & Country International for $11, 565.84 with a three year warranty covering power train, but not hydraulics”. 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 Rorex moved, seconded by Councilman Kelton to authorize the Mayor to provide aid to other cities hit by tornadoes a week earlier. 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.
Rev. Carl Henly came before Council asking for an extension on his property located at 301 and 305 S. Madison. Dr. Steve Modelevsky speaking on behalf of Rev. Henly, stated that he, Dr. Albert Rusher and Mr. Mark Turner and others were in support of Rev. Henly’s work. Dr. Modelevsky explained the reason for no work being done on the properties was because up until now Rev. Henly did not have any support. However, he stated materials and workers have been donated for the project, and he felt an extension should be granted. When asked if he would be responsible for the completion of the project Dr. Modelevsky stated he would be if Rev. Henly would agree to a specific time frame. Rev. Henly was asked if he could have the properties completed in 120 days. Rev. Henly stated yes he could, and if he couldn’t he would move off. Councilman Roddy moved, seconded by Councilman Kelton to give Rev. Henly a 120 day extension to have both properties completed with both properties to be torn down if they are not completed within the 120 day extension. 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.
At the request of Attorney Charles M. Mooney, Sr., Councilman Young moved, seconded by Councilman Bowers to table the third reading of an annexation ordinance for David Cossey and Mike Young until the next council meeting. March 17, 1997. 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 (Alpha Gamma Rho)
Councilman Rega questioned if the Land Use Plan called for this area to be Medium- Density. Brian Wadley stated yes it was. The question was asked if Alpha Gamma Rho had to rebuild would they have to conform to Residential 1 zoning. Again Mr. Wadley stated yes. Councilman Tate moved, seconded by Councilman Kelly to suspend the rules and place on second reading. A voice vote was taken resulting in all council members voting aye, with the exception of Councilman Crockett who abstained from voting. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Kelly to 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 exceptions of Councilman Crockett who abstained from voting, and Councilman Kelton who voted no. Those members voting aye were: Rorex, Province, Kelly, Tate, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Rega for the adoption of the ordinance. A voice vote was taken resulting in all council members voting nay, with the exception of Councilman Crockett who abstained from voting. The ordinance 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 (Gerald Gasaway)
Councilman Tate moved, seconded by Councilman Young 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 2759.
Councilman Tate offered the following ordinance for the first 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 announced a public hearing by the Street Committee regarding this ordinance for March 13, 1997, at 7:00 p.m. in the old council chambers.
Councilman Young moved, seconded by Councilman Tate for the adoption of a resolution establishing a public hearing for the purpose of vacating a 7 1/2 foot utility easement on the west property line running between Spring Hollow Drive. The hearing was set for March 17, 1997, at 6:15 p.m. in Municipal Court. 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 1997:13.
Councilman Tate moved, seconded by Councilman Young for the adoption of a resolution to condemn property located at 511 Cate, and 925 Warner as recommended by the Code Enforcement Officer, Mr. Doug Little. 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 1997:14.
Councilman Rega moved, seconded by Councilman Kelton for the adoption of a resolution approving procedures to govern individual position adjustments to the City of Jonesboro salary management plan. 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 1997:15.
Councilman Bowers moved, seconded by Councilman Young for the adoption of a resolution to place “STOP” signs in the following locations within Jonesboro:
On Wildwood at Greenbriar
On Warner at Oak - West of Freeman
On Ellen at Patricia
On Rankin Cr. at Rankin
On Bob White at Quail Ridge
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 1997:16.
Councilman Kelton moved, seconded by Councilman Roddy to establish an internal auditing function and define the purpose, authority, and responsibility of internal auditing activities. 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 1997:17.
Councilman Rega moved, seconded by Councilman Pratt for the adoption of a resolution requesting free electrical service for a water drainage pump at 1311 White Oak Street from City Water & Light. 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 1997:18.
Under new business, Mayor Brodell made two announcements. First he announced there would be a public hearing March 6, 1997, at 6:30 p.m. at City Hall for recommendations for community development block grant funds. Secondly, Mayor Brodell informed Council that theft of recycling bags was occurring. He stated one “Blue Bag Bandit” had been captured.
Councilman Tate offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 2504 PROVIDING FOR A RESERVATION OF RIGHT OF WAY FOR SECTION LINED STREETS TO BE 70 FEET UP TO 120 FEET, BY AMENDING SUBSECTION THREE
Councilman Tate moved, seconded by Councilman Pratt 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 Rega 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 Tate moved, seconded by Councilman Pratt for the adoption of the ordinance. After much debate among MATA members and Council the decision was made to send the ordinance back to committee. A roll call vote was taken on the motion to adopt, resulting in a eleven to one vote against the ordinance. Those members voting nay were: Kelton, Rorex, Province, Kelly, Tate, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Crockett voted aye to adopt the ordinance. The motion was denied.
Under new business, Council discussed the status of condemnation action against Bill Ebbert. On November 6, 1995, Mr. Ebbert had come before Council and requested an extension on his property located at 1210 S. Madison. This was one of many Mr. Ebbert had been granted by Council over the last twelve years. On November 6, 1995, Council granted Mr. Ebbert another 6 month extension with the stipulation he post a $25,000.00 bond, payable to Jonesboro, should he fail to complete the project. The deadline for the six month extension was May 15, 1996. As of March 3, 1997, the property was still not up to code. The decision was made to pursue condemnation action against Mr. Ebbert, and collect the $25,000.00 fine.
Councilman Rega called a meeting of the Personnel Committee immediately after the Council meeting.
Councilman Pratt announced an Animal Control Committee meeting for March 4, 1997, at 7:00 p.m. in the training room of the Municipal Court building.
Councilman Young gave a written report to Council regarding benefits provided to Jonesboro by City Water & Light during 1996.
Councilman Bowers offered the following ordinance for the first reading:
AN ORDINANCE TO VACATE AND ABANDON UNIMPROVED PORTIONS OF TWO (2) FIFTEEN FOOT UTILITY EASEMENTS IN RAIDER VILLAGE, JONESBORO, ARKANSAS
Councilman Bowers moved, seconded by Councilman Tate 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 Bowers moved, seconded by Councilman Pratt to 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 Bowers moved, seconded by Councilman Young 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: 2670.
With no further business, the meeting was adjourned.