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Minutes for the City Council meeting on January 16, 2006
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CITY COUNCIL MINUTES - January 16, 2006
The Jonesboro City Council met Monday, January 16, 2006, at 6:30 p.m. Members present were: Mayor Doug Formon, City Clerk, Donna K. Jackson, City Attorney Crego and ten council members. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilman Farmer and Councilman Moore were unable to attend.
Councilman Perrin moved, seconded by Councilwoman Furr for the adoption of the City Council minutes from January 3, 2006, January 6, 2006, and from December 28, 2005, as provided. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Attorney Crego stated there was no formal legal report, but they were compiling end of the year statistics and would give an in depth report for last year as well as the first part of 2006 at the second meeting in February.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM C-3, GENERAL COMMERCIAL DISTRICT TO C-5 NEIGHBORHOOD OFFICE DISTRICT, DESCRIBED AS LOT 5 OF SOUTH CARAWAY VILLAGE ADDITION BETWEEN LATOURETTE LANE AND CARAWAY ROAD (Camtri Ross Investments)
Councilman Johnson moved, seconded by Councilman Hargis to deny the adoption of this ordinance. Several spoke in opposition to the rezoning request. Mr. Curtis Shatley, resident of 1341 Medallion Drive, provided a petition containing 76 signatures of residents who were in opposition to the zoning change. He explained the zoning ordinance permits office complexes in C-1 through C-5 zonings and questioned why the zoning needed to be changed to C-5 if all they were going to have were apartment complexes. Mr. Robert Ryan a member of “Respect Our Neighborhood” (R.O.N.’S) stated he attended the MAPC meeting and the individuals requesting the zoning change admitted wanting it for apartments, even though they had stated it was for an office complex. Jim Essman of 1107 Medallion Drive expressed concern for the ingress and egress stating there is only three ways out of the area, and with the addition of a few 100 more people it complicates an already crowed situation. Mr. Jim Hall stated he does not live in the area, but visits his brother who does and explained it was getting more difficult to get in and out of the area. He suggested better planning of streets before allowing apartment complexes to surround a residential area. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The ordinance was denied.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY MEDIUM DENSITY TO C-3, GENERAL COMMERCIAL DISTRICT, LOCATED AT 3701 E. JOHNSON (W. L. Gillespie)
Attorney Jim Lyons provided a map showing Commercial C-3 zoning along Johnson Ave. He explained the area being requested for a zoning change is located in the heart of Commercial C-3. Attorney Lyons explained the property located behind the commercial property on Johnson on the north and south sides backs up to residential, explaining the zoning request fits into the rest of the area, as well as the zoning plan adopted by the city council. Mr. Lyons contended no one will want to live on Johnson Avenue especially when both sides are zoned Commercial C-3. He provided a definition of a Limited Use Overlay from the Jonesboro Code stating it is to provide a flexible use of specific properties, and intended to provide compatibility among potential incompatible land uses. Ease transition from one zoning district to another, was another purpose for a LUO, but Attorney Lyons explained that was not the case for this particular area. Lastly Mr. Lyons explained the final purpose of a LUO is to guide development in unusual situations, and because of the eastern border near Maplewood, that was the basis by which the MAPC approved the request. He referred the Council to the usage table in the Jonesboro Code of Ordinances for Commercial and Industrial uses stating there are a number of civic and commercial uses permitted in C-3 and the property owners are willing to give owners behind them some protection. Attorney Lyons read a list of uses the owners were willing to give up. Councilman McCall referred to the Byrd property that was rezoned LUO in 2002 located next to the property being considered. He explained the list of uses stated for this particular LUO do not match the list provided by Attorney Lyons and suggested the permitted uses should be the same for both properties, if approved. Councilman McCall stated should commercial zoning go all the way back to the residential area, it would be detrimental to the property owners. Councilwoman Furr concurred with Councilman McCall stating the intrusion into Maplewood was unacceptable, and asked Attorney Lyons if his clients would consider a replat of the property with the back half being Residential 1 and the front being commercial, only to the depth of the existing Commercial C-3. Attorney Lyons responded saying this was the first time he had heard the proposal. He questioned if under the existing code the uses had to be eliminated, meaning developers had to choose between permitted or conditional use. City Attorney Crego explained under Limited Use the conditional uses must be listed in the ordinance. Councilman Ashley moved, seconded by Councilman McCall to deny the adoption of this ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The ordinance was denied.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM C-3, GENERAL COMMERCIAL DISTRICT, TO R-1, SINGLE-FAMILY MEDIUM DENSITY, LOCATED SOUTH OF GREEN MEADOW LANE, EAST OF HUNTERS RIDGE DRIVE, WEST OF HIGGINBOTTOM CREE, AND NORTH OF SAVANNAH DRIVE (Jim Able)
Councilman Perrin moved, seconded by Councilman Ashley to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Johnson offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY MEDIUM DENSITY TO C-3, GENERAL COMMERCIAL DISTRICT, LOCATED ON SOUTH SIDE OF JOHNSON AVENUE BETWEEN AIRPORT ROAD AND OLD PARAGOULD ROAD (Keith Bryson)
Councilman Street moved, seconded by Councilman Perrin to suspend with the second reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY MEDIUM DENSITY TO R-1A, SINGLE FAMILY HIGH DENSITY, LOCATED NORTH OF GREENSBORO ROAD AND EAST OF SCOTT STREET. (Harrell Mays)
Councilman Street moved, seconded by Councilman Ashley to suspend with the second reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Street moved, seconded by Councilwoman Furr for the adoption of a resolution authorizing the Mayor and City Clerk to execute a contract with Associated Engineering for engineering and surveying services. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:06.
Councilman Perrin moved, seconded by Councilwoman Williams to adopt a resolution naming the dog jumping dock at Craighead Forest Park the “Bartons-Vetcare Dog Dock for perpetuity. However, concern for the word “perpetuity” meaning eternally, sparked concern among council members. Councilwoman Furr questioned should something happen to the dog jumping dock would the City of Jonesboro be required to rebuild it in order to comply with the resolution. Mr. Wilkie explained the intent of the resolution was to have the dock named the “Bartons-Vetcare Dog Dock as long as it existed. Councilman Perrin withdrew his motion. Councilman Perrin moved, seconded by Councilwoman Furr to amend the resolution removing the words “for perpetuity”. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilwoman Williams moved, seconded by Councilman Ashley for the adoption of the resolution as amended. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:07.
Councilwoman Williams moved, seconded by Councilman Johnson for the adoption of a resolution to amend the contract with Associated Engineering for the survey of Oaklawn and Nettleton Cemeteries. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:08.
Councilman Street moved, seconded by Councilman McCall for the adoption of a resolution accepting the bid and approving the contract for installing cross-walk concrete on Main Street and intersecting streets between Matthews and Cate from Cooper Construction Company. Mr. George Harper spoke in opposition to this resolution stating the bumps are almost non-noticeable due to time and wearing away of the material. He suggested there may be a better way to spend the $64,000. Councilman Street explained the materials are crumbling and this is a permanent solution to provide a solid foundation. He further explained this has been discussed in the Public Works Committee and they have worked to provide a feasible solution to this problem. Mayor Formon explained his office has received complaints about the noise created when cars drive over the bricked areas. Mr. Teddy Hooton, Street Supervisor explained if allowed to remain the raised areas will become indentations in the street and will be a maintenance nightmare. It was explained several have already needed repairing. Ms. Marsha Patton explained while the brick are an attractive feature they are an obstacle for the handicapped. Nancy Chrisman questioned if the brick was an obstacle for wheelchairs, then would not the stamped concrete also be the same kind of problem. She also explained the purpose of the crosswalks was safety for pedestrians, and questioned if the concrete is made the same color as the street then what would highlight the cross walks. She also stated if the concrete is textured to look like brick, would it not create the same noise disturbance as real brick. Councilman Johnson explained a stamped brick is not indented as much as real brick, and the mortar joint, which is now crumbling would be eliminated, creating a much safer structure. Mr. Hooton explained in addition to the cost of the color of the concrete, there was a four inch conduit added under each cross walk for future electrical and/or water needs. He also explained the areas would be outlined with a minimum six inch white line on each side which will cause the cross walks to stand out. Councilman Street withdrew his motion because of concern with being able to terminate the contract should a test sample fail. Councilman Street moved, seconded by Councilman Perrin to amend Section 2 of the ordinance, by adding the wording, “subject to contract to include provisions for one crosswalk being constructed as a trial and the contract being void if not accepted”, and to amend the amount of the contract to $64,805.00. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilman Street moved, seconded by Councilman Perrin for the adoption of the resolution as amended. The resolution was assigned number 2006:09.
Councilman Perrin moved, seconded by Councilman Dover to set an appeal hearing regarding failure by the MAPC to recommend the rezoning of property from AG-1, Agriculture to R-1, Residential , for Jerry McCormick. The hearing was set for February 7, 2006, at 6:10 p.m. to be held in the City Council Chambers. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Under new business, Mayor Formon announced he had hired a new city planner, Otis Sprigs to arrive February 6, 2006. He stated Mr. Joe Tomlinson had offered to stay, in order to assist the new planner, which may be addressed that at a later date. Councilman Perrin asked for a copy of Mr. Sprigs’ resume so council members may become better acquainted with the new City Planner. Mayor Formon stated one would be provided.
Mayor Formon apologized for moving the current city council meeting to a national holiday, and explained he did not believe it was anyone’s intent to do so. He stated there was a good turnout for the Martin Luther King celebration.
Councilman Street moved, seconded by Councilman Johnson to place an ordinance on the agenda for consideration by the full council. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Street offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF A TOYOTA FORKLIFT
Councilman Street moved, seconded by Councilman Dover to suspend with the second and third reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilman Street moved, seconded by Councilman Dover for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilman Perrin moved, seconded by Councilman Johnson for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The ordinance was assigned number 3607.
Councilwoman Furr moved, seconded by Councilman Dover to place a resolution on the agenda for consideration by the full council. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilwoman Furr moved, seconded by Councilman Dover for the adoption of a resolution authorizing the Mayor and City Clerk to execute a contract with Police Reports U.S. LLC for provisions of online reporting services. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:10.
Councilwoman Furr requested the Nominating and Rules Committee look at recognizing Martin Luther King Day as a National Holiday like other local cities.
Councilman McCall provided new city park brochures emphasizing Craighead Forest Park and commended the Parks Department for providing them.
Councilman Hargis again brought up the pot-hole located by the Public Library which is causing cars to scrape bottom when driven over it. Mr. Martin explained the area would have to be milled down and asphalt poured, but explained the asphalt companies are closed for the winter. It was explained they won’t open again till March.
Under public comment Ms. Nancy Chrisman, Executive Director of Jonesboro Central Planning Association (JCPA) stated the JCPA had passed a resolution asking the Jonesboro City Council to reject a proposal to restore and improve the downtown skateboard park on the parking lot at the corner of Church and Cate. She explained it is not safe for skateboarders to be on the sidewalks or streets when trying to get to the skateboard area. She also mentioned the noise and slight vandalism created by skateboarders. Councilman McCall questioned if the skateboard area should be rebuilt at all. Councilman Johnson questioned how it was decided that the skateboard park would automatically be rebuilt in this down town location. Councilman McCall and Mayor Formon explained the Public Services Committee had approved letting bids for the equipment, because restitution funds of $22,000 had been placed in a city account, but the location of the skate board park was never determined. Mayor Formon stated at first he believed if the skateboard park was not relocated in the downtown area, then Mr. Baugh got his way in having the skateboard park area removed. However, Mayor Formon stated after speaking with Ms. Chrisman and Dr. Golden his mind was changed and he questioned where to draw the line in providing the numerous sports like activities, a gave examples such as equestrian groups and BMX bike parks. Dr. Steve Golden, President of the Downtown Jonesboro Association also voiced opposition to the restoration of the downtown skateboard park area, citing an informal survey that had been given to their members. He explained the reasons for their opposition were the need for adequate parking and safety for both local residents and skateboarders. Discussion was held regarding the legalities of having skateboarders on the city sidewalks. It was requested that the issue be looked at so it could be further discussed. Mr. Jason Wilkie requested the Jonesboro City Council look for another location other than at Allen Park. He explained there was an issue regarding the crossing of Johnson Street if the skateboard park was to be located at Parker Park. Councilman McCall stated the area should be in a location where there is adult supervision. Mr. Wilkie asked for direction in how to proceed with the downtown area. He was told it was an administrative matter, to be decided by Mayor Formon. Mayor Formon responded they would take care of it. Dr. Golden stated once a decision has been reached the Downtown Association had some signage recommendations.
Councilman Perrin moved, seconded by Councilman Ashley for adjournment, however both were withdrawn to allow for further public comment.
Ms. Marsha Patton provided packets regarding the appeal hearing scheduled for February 7, 2006, and asked that the City Council not over turn the MAPC ruling. She stated the area of Rains, Highland and Wofford is an old neighborhood and already has problems with safety, litter, drainage, and noise. She explained INHOC’s plan does not meet the land use plan, and would interfere with the right and left turn lane on Highland Drive. Ms. Patton provided a history of the area, and stated there had been a “gentlemen’s agreement” for the last fifty years not to have the area zoned commercial.
With no further business, Councilman Perrin moved, seconded by Councilman Johnson to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Province, Hargis, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.