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Minutes for the City Council meeting on March 2, 1999
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CITY COUNCIL MINUTES - MARCH 2, 1999
The Jonesboro City Council met Monday, March 1, 1999, 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 11 council members. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Kelton was unable to attend.
Councilman Perrin moved, seconded by Councilman Roddy to approve the minutes from February 15, 1999, as delivered. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Dennis Smith)
Councilman Tate moved, seconded by Councilman Perrin to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Roddy to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3111.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Afak Haydar)
Councilman Young moved, seconded by Councilman Roddy to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Young moved, seconded by Councilman Perrin to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Perrin moved, seconded by Councilman Young for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3112.
Councilman Rega offered the following ordinance for first reading:
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 Rega moved, seconded by Councilman Young to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Perrin moved, seconded by Councilman Young to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Perrin moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3113.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF GPA SURVEYING EQUIPMENT FOR THE ENGINEERING DEPARTMENT.
Councilman Tate moved, seconded by Councilman McCall to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Roddy to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Crockett for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3114.
Councilman McCall offered the following ordinance for first reading:
ORDINANCE PROVIDING FOR CONDEMNATION AND REPAIR, REHABILITATION, SECURING, OR RAZING AND REMOVAL OF HOUSES, BUILDINGS; AND/OR STRUCTURES CONSTITUTING A NUISANCE WITHIN THE CORPORATE LIMITS
Councilman Rega requested City Attorney, Phillip Crego to define the word “nuisance” as stated in the ordinance. Mr. Crego stated the same standard is included in the existing ordinance and the word “nuisance” means any danger to health, safety, or welfare. Mr. Crego stated the meaning could range from grassy weeds on a lot, to a condemnation, resulting in the razing of a structure. Councilman Crockett questioned the difference in Judicial Fines compared to Non-Judicial Fines. Mr. Crego explained there are two different types of nuisances, one being Judicial, involving illegal enterprise (drug trafficking, prostitution). Mr. Crego stated this type of nuisance involves the use of the structure and requires judicial determination rather than a vote of the Council. Councilman Tate stated the ordinance gives specific steps that must be followed by the property owner and allows only one extension by the Council. Councilman Copeland requested procedural clarification of the term “emergency action” in Section 14. Councilman Copeland questioned if the Code Enforcement Officer determines an emergency exists, or does the matter come before Council to be declared an emergency. Mr. Doug Little, Code Enforcement Officer, stated according to the Southern Building Code the Code Enforcement Officer has the right to make that decision. Mr. Little explained it has never been done, but he does have the right to do so. Councilman Moore pointed out the ordinance was taken from the City of Hot Springs and has been previously tried in court. He stated the two lawyers who wrote the ordinance would defend Jonesboro should there be a lawsuit. No further action was taken regarding this ordinance.
Mr. Brad Powell requested an extension for construction located at 506 W. Matthews. Mr. Doug Little stated due to medical problems, an extension was needed. Councilman Tate questioned how long ago was the building permit issued and questioned if a building permit was ever issued. Mr. Little stated the property had been condemned last year and nothing had been done to it since that time. Discussion followed regarding the issuance of an extension. Councilman Moore stated since the condemnation ordinance was being revised, Council should wait to make a decision on Mr. Powell’s property. Councilman Tate stated even with the adoption of the amended condemnation ordinance, the City of Jonesboro would have to re-notify Mr. Powell of the condemnation, and allow 30 days after notification for a building permit. Councilman Tate further stated the ordinance would have no bearing on Mr. Powell’s situation, and he should be issued a building permit in order to complete his construction. Mr. Powell stated he could complete the project within 45 to 60 days. Councilman Moore moved to delay making a decision on Mr. Powell’s extension until the next council meeting. This motion failed for lack of a second. Councilman Copeland moved, seconded by Councilman Rega to grant a sixty (60) day extension to Mr. Powell. Mayor Brodell questioned if an additional extension would be issued to Mr. Powell if he fails to complete his project within 60 days. Mayor Brodell stated the decision made by Council will set precedence for future condemnations. Councilman Tate responded by saying Mr. Powell would be unable to get anymore extensions because this condemnation action took place before the ordinance goes into effect. Councilman Moore stated after the passage of the ordinance an extension could not be granted, except under the new provisions. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
Councilman Rega moved, seconded by Councilman Perrin to appoint Mr. Wallace Barber to replace Mr. Jim Sawyer on the Board of Zoning Adjustment with a term to expire in the year 2000. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
Under new business, Mayor Brodell introduced Mr. Jeff Hawkins, Jonesboro’s new City Planner. Mr. Hawkins was welcomed by the City Council.
Councilman Young provided Council with a recap of 1998 contributions made by City Water and Light, totaling $3,303,000.00 in monetary value. Councilman Young who serves on the Board of Directors, commended the many contributions made by CW&L to the City of Jonesboro.
Councilman Moore reported the Mosquito Committee had met last week and operation would begin with V. D. C. I. (Vector Insect Control, Incorporated) on March 15, 1999. Mr. Moore stated the office would be available to receive calls on this date.
Councilman Perrin welcomed and commended the various Arkansas State University classes in attendance, and offered to provide advanced copies of the agenda, minutes, and ordinances to the students if they would contact the City Clerk’s Office prior to the meeting.
The following bids were reviewed by Council:
99:05 - MINI-EXCAVATOR- STREET DEPARTMENT
Councilman Tate moved, seconded by Councilman Roddy to accept the low bid, meeting specifications of T&C International for $29,610.50. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
99:06 - 95 GALLON ROLL-OUT CARTS- SANITATION DEPARTMENT
99:07 - 65 GALLON ROLL-OUT CARTS - SANITATION DEPARTMENT
Councilman Roddy moved, seconded by Councilman Perrin to accept the bid of Schaefer Systems for both the 99:06 - 95 Gallon Roll- Out Carts at $721,130.00 delivered, and the
99:07- 65 Gallon Roll-Out Carts for $52,905.00 delivered. Mr. Fred Bucy representing the Zarn Company, stated his company was the low bidder, and requested Council to take the bids under advisement for two more weeks, since it would be a savings of $30,000.00. Councilman Young responded by saying the Sanitation Committee had reviewed the bid proposals, and Schaefer had met all but one of the bid specifications. Councilman Moore questioned what that one specification was. Mr. Royce Leonard, Sanitation Supervisor responded saying the one specification that Schaefer did not meet was the metal lifting bar went inside the cart instead of outside as specified. Mr. Leonard explained that the Schaefer cart was an injected molded cart (as specified), but the Zarn cart was a rotational molded cart. Further, Mr. Leonard stated the bid specifications required that the cart lid not be bolted on, but Zarn lids are bolted to the carts with metal. A voice vote was taken resulting in all members voting aye. Those members were: Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
With no further business, the meeting was adjourned.