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Minutes for the City Council meeting on June 1, 1998
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CITY COUNCIL MINUTES - JUNE 1, 1998
The Jonesboro City Council met Monday, June 1, 1998, 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, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
The minutes for May 18, 1998, were approved as delivered, by Councilman Young seconded by Councilman Davis. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Item 3-A was pulled from the agenda at the request of Linda West regarding the entrance to the Fairview Jaycee City Park.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Robin Nix)
Councilman Young moved, seconded by Councilman Tate for the adoption of the ordinance. Discussion followed with Mark Mayfield, Attorney for Mr. Robert Jernigan, explaining that Lot 10 of the Marlo Acres First Addition was subject to a Bill of Assurance requiring it be used for residential purposes. Attorney Mayfield questioned the emergency in adopting the rezoning ordinance, and the manner in which notification signs were placed 25 feet from the actual property. He also explained that several local residents were given wrong information regarding the time and place of the council meeting. Due to the confusion Attorney Mayfield requested the ordinance be tabled or denied. Attorney Skip Mooney, Sr. representing the owner of Lot 10, Mr. Robin Nix dba HardRock, explained the matter had been approved by the Metropolitan Area Planning Commission, and the signs had been placed in the proper location. Mr. Mooney stated he was surprised there was opposition to the rezoning since no one voiced any objections at the MAPC meeting, nor at the first and second reading of the ordinance. Mr. Mooney stated that commercial would be the highest and best use for the property. Pertaining to the Bill of Assurance, Mr. Mooney stated other property in the area (Dr. Facility) had been rezoned and developed, ignoring the Bill of Assurance which has an expiration date of January 1999. Mayor Brodell questioned City Attorney, Phillip Crego regarding the effect rezoning would have on the Bill of Assurance. Mr. Crego stated the Bill of Assurances a private right of action between land owners, and the city does not have the authority to enforce it, only another land owner. Councilman Kelton questioned if once the Bill of Assurance has been violated would it not make the Bill of Assurance void. Mr. Crego stated that is typically the position of the Court when provisions of a Bill of Assurance have been breached. Councilman Rorex asked Mr. Brian Wadley of the Inspection Department about the uses of a C-5 classification. Mr. Wadley stated it was a quiet zoning district, allowing for professional office use only. Several expressed concern over the fact that they did not know what would be built in the area. One resident offered to purchase the property so it would remain residential. In closing, Attorney Mayfield stated the property containing Simmons Bank was not rezoned to commercial; it had been brought in as commercial property. Secondly, Mr. Mayfield stated the Bill of Assurance may or may not be extended, and again disagreed with the emergency clause being placed in the ordinance. Mayor Brodell called for a roll call vote. The vote resulted in an eleven to one vote against the motion to adopt. Those members voting nay were: Kelton, Rorex, Province, Davis, Tate, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Crockett voted aye. The motion was denied.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND ORDINANCE NO. 2470, SECTION 5, BY ADDING REQUIREMENTS FOR PLATS THAT ARE SUBMITTED TO THE CITY COUNCIL.
Councilman Davis moved, seconded by Councilman Young for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 3050.
Councilman Roddy offered the following ordinance for the first reading:
ORDINANCE AMENDING ORDINANCE NO. 3040, AMENDING THE TITLE “CHIEF OF POLICE” TO READ “DIRECTOR OF PUBLIC SAFETY”, IN THE RECENTLY ADOPTED POLICE OFFICER’S BILL OF RIGHTS.
Councilman Davis 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: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Davis moved, seconded by Councilman Tate 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: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Kelton for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 3051.
Councilman Roddy offered the following ordinance for the first reading:
ORDINANCE TO AMEND THE JONESBORO CODE OF ORDINANCES, CHAPTER 9.08 KNOWN AS, EXCAVATIONS AND ALTERATIONS.
Councilman Tate moved, seconded by Councilman Fletcher to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. No further action was taken regarding this ordinance.
Bid No. 98:25 - Sewer Cleaner for Street Department was reviewed. Councilman Young moved, seconded by Councilman Bowers to accept the only bid received of Henard Utility for $21, 500.00. This amount included a one year warranty, and $4,000 trade-in on FMC equipment. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Kelton moved, seconded by Councilman Bowers to set an Appeal Hearing for 5:45 p.m. on June 15, 1998, in Municipal Court as requested by Attorney Glenn Lovett, Jr. and his client Mr. Byron Glanton. The appeal was against the Metropolitan Area Planning Commission’s decision to approve subdivision plans for Mr. Kenny Findley. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Young moved, seconded by Councilman Pratt to adopt a resolution approving the issuance of a Capital Improvement Revenue Bond for the Residential Housing and Health Care Facilities Board with an amount not to exceed $4,500,000. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was assigned number 1998:32.
Councilman Rega moved, seconded by Councilman Young for the adoption of a resolution adopting the Section 457 Plan and Trust for Non-Uniform Employees, appointing First Commercial Trust Company as Trustee, and appointing a committee to function as Plan Administrator. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was assigned number 1998:33.
Under new business, Mayor Brodell reported on the progress of street paving within the city. Councilman Kelton reported on the investigation of the Fire Department, saying a report would be provided to Mayor Brodell on Wednesday of next week.
Councilman Davis moved, seconded by Councilman Roddy for the adoption of a resolution amending the Jonesboro Police Department Policy Manual and the Jonesboro Fire Department Rules and Regulation Manual changing the titles of “Chief of Police” and “Fire Chief” to “Director of Public Safety”. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was assigned number 1998:34.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO WAIVE BIDS ON A 1993 JOHN DEERE 595D EXCAVATOR, NS 1301 FOR THE STREET DEPARTMENT
Councilman Tate moved, seconded by Councilman Kelton to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Rorex, Province, Davis, Tate, Rega, Pratt, Young, Bowers, and Roddy. 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 voting aye were: Rorex, Province, Davis, Tate, Rega, Pratt, Young, Bowers, and Roddy. 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 voting aye were: Rorex, Province, Davis A voice, Tate, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3053.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO WAIVE BIDS ON A 1985 MACK TRUCK TRACTOR, SERIAL NO 1M2W133Y1FA00976 AND ON A 1985 MACK TRUCK TRACTOR, SERIAL NO 1M2W133Y7FA00979 FOR THE STREET DEPARTMENT
Councilman Tate moved, seconded by Councilman Roddy moved to suspend the rules and place on second reading, vote was taken resulting in all members voting aye. Those members voting aye were: Rorex, Province, Davis, Tate, Rega, Pratt, Young, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Crockett 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 voting aye were: Rorex, Province, Davis, Tate, Rega, Pratt, Young, Bowers, and Roddy. 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 voting aye were: Rorex, Province, Davis, Tate, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3052.
Councilman Kelton moved, seconded by Councilman Crockett for the adoption of a resolution setting a public hearing for 5:30 p.m. on June 15, 1998, at Municipal Court. The public hearing was requested by Mr. Kent Gibson for the purpose of vacating all alleys in Lot B of the Earl Kiech Second Addition. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Rorex, Province, Davis, Tate, Rega, Pratt, Young, Bowers, and Roddy. The resolution was assigned the number 1998:35.
With no further business, the meeting was adjourned.