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Minutes from the City Council meeting on October 15, 2001
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APPEAL HEARING 6:00 P.M. - An appeal hearing was conducted as requested by Dr. Dean Tyrer and his Attorney, C. M. Mooney regarding the Metropolitan Area Planning Commission’s recommendation to deny rezoning from Residential (R-1) to Residential (R-3), located at 4303 Aggie Road. A pamphlet was provided containing MAPC minutes from June 10, 1997, when the site plan for the expansion of Meadowview Trailer Park into Meadowview Manufactured Housing Village was approved. Other information provided was the Land Use Plan showing the subject property classified as medium density residential, a rezoning report by City Planner, Glenn Batten dated September 4, 2001, and photographs/comments from the Sulfridge Family regarding rezoning. Dr. Dean Tyrer stated he had a vision for expansion and explained from a management perspective it is best to expand on one piece of property. He explained he wanted to provide double wide and/or integrated mobile homes (contains a porch) to Jonesboro. He addressed a letter sent by the Superintendent of Nettleton School expressing concerns for the safety of children. To this issue Dr. Tyrer responded saying the safety of children should be addressed with or without a change in zoning. Regarding traffic, Dr. Tyrer stated he had spoken to the developer of Countrywood Estates and on each acre there are 3.25 homes multiplied by 34 acres, times 2.5 cars per acre comes to 276 vehicles for R-2 developed property. He compared this figure with a maximum vehicle capacity of 279 if he is allowed to change zoning to R-3. He reported the developer of Countrywood Estates told him the Countrywood Subdivision was built in 1991, approximately 19 years after Meadowview Trailer Park, and the homes sold for $59,900.00 and at present nine homes have been sold, ranging from $76,000.00 to $90,400.00. Dr. Tyrer stated based on that information, the homes in Countrywood Estates have increased in value, and the Meadowview Trailer Park has had no effect on property values. In summary, Dr. Tyrer stated 10% of the property in Meadowview has been designated for a park type area. He stated the expansion of Meadowview would be tasteful, and have curb appeal. Dr. Eugene Smith addressed the City Council in opposition to the change in zoning by explaining Meadowview had developed, prior to being annexed in as a non-conforming residential property. He expressed the following three concerns if the MAPC decision was overturned: 1) Significant disruption to the development of the residential area; 2) Negative impact on the value of the homes; 3) Traffic Problems. Dr. Smith explained there would be an increase of 472 vehicles that must exit through two entrance/ exit areas. It was further explained that the intersection of Aggie and Airport Road was one of the worst in Jonesboro. He pointed out most of the traffic will be concentrated on Aggie Road which runs past University Heights School and the Learning Center. Dr. Smith stated every time the matter of rezoning is brought up it is due to an investor wanting to change the zoning rules that will result in a denser population. He urged the City Council to uphold the unanimous decision of the Metropolitan Area Planning Commission. Mr. White, a land developer, spoke in opposition to the zoning change stating the expansion of the trailer park would be economically detrimental to the area.
CITY COUNCIL MINUTES - October 15, 2001
The Jonesboro City Council met Monday, October 15, 2001, at 6:30 p.m. A full quorum was in attendance. Present were: City Attorney Phillip Crego, City Clerk, Donna K. Jackson, and twelve council members. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Vice Mayor Perrin presided over the meeting in Mayor Brodell’s absence.
Councilman Young moved, seconded by Councilman Roddy to approve the minutes of October 1, 2001, as previously delivered. A voice vote was taken resulting in all members voting aye with the exception of Vice Mayor Perrin who abstained from voting. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy.
Vice Mayor Perrin presented several volunteers with certificates from the Points of Light Foundation for their help with Parks Programs, the Downtown Association, National Family Volunteer Weekend and National Points of Light Project. The volunteers were recognized and applauded for their efforts by the Jonesboro City Council.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-2) TO COMMERCIAL (C-5 LU-0) LIMITED USE OVERLAY FOR PROFESSIONAL OFFICES, LOCATED AT 418 W. MATTHEWS. (SAM HESTER)
Councilman Tate moved seconded by Councilman Moore for the adoption of the ordinance. Dr. Jennings spoke in opposition to the rezoning; stating he was concerned there would be a decline in residential housing all the way to Flint Street, which would have a negative effect on their investments. He stated the services being proposed with the new zoning would not benefit nor enhance the neighborhood. Dr. Jennings stated they were concerned with the maintenance of the architectural style and policing of parking. He requested the City Council prevent the erosion of the residential area. Mrs. Brenda Hester introduced Claudia Shannon who explained if the home is turned into a multi-family dwelling it would be removed from the historic register. She stated there were only approximately five homes left in Jonesboro that are listed with the historic register, and urged Council to rezone the property. Mr. Ken Gibson spoke in opposition to the zoning change, stating once the home is rezoned it could be sold and the new owners could do as they pleased with the property. Discussion followed regarding the stipulations placed in the ordinance that would prevent the architectural style and exterior appearance from being changed. However, Mr. Gibson pointed out that with a change in ownership, the decision could be made to demolish the building. Ms. Shannon explained if the property were placed on a conservation easement, it would require the owners to rebuild to the original specifications. Councilman Moore stated he lives in the area and explained there was a natural boundary for commercial property. He also stated there was a lot of interest in purchasing single family homes, and expressed concern for making a zoning change. Mr. Sam Hester responded by saying a single-family structure was no longer an option, and he was willing to provide an historical easement that would protect the building forever. Mr. Hester explained since he was unable to sell the property as a single-family residence he has no other choice but to turn it in to an income generating property. Councilman Moore stated he would not be opposed to having the property as a multi-family dwelling. Councilman Kelton questioned City Planner, Glenn Batten regarding the current zoning, and was told it currently is Residential-2. It was explained the zoning classification for Residential-2 permits a duplex, tri-plex, or four-plex dwelling, with the existing structure remaining. Councilman Kelton explained he was trying to determine what would be best for the community, and the integrity of downtown. Councilman Young questioned Mr. Batten regarding commercially zoned properties that adjoined the Hester property, and was told zoning along the same side of street was Residential-2 while the property across the street was Residential-3. Councilman Young raised the question of spot zoning, since the adjoining property was residential rather than commercial. Mr. Batten responded saying the issue of spot zoning was misleading, and defined it as rezoning from one level of intensity to another level of intensity. He contended that spot zoning is not always bad, because there exists legal spot zoning and illegal spot zoning. Mr. Batten explained this would not be considered spot zoning because it was consistent with the land use plan. Councilman Young stated it appeared to be inconsistent with past zoning recommendations. Mr. Batten responded saying the stipulations make this rezoning less intensive. Mr. Phil Jones addressed Council stating the rezoning would create disharmony and destroy the neighborhood. He contended that Mr. Batten misinterpreted the code, and argued to rezone the property would be spot zoning. Councilman Kelton questioned City Attorney Crego regarding the stipulations. Mr. Crego stated he had questions of the enforceability of stipulation number eight (8) in that the terms of the easement had not been specified. (Stipulation 8 reads: A historic preservation easement shall be granted to the Arkansas Historic Preservation Program). Councilman Tate moved to withdraw his motion for approval in order to amend the ordinance. Councilman Rega raised a point of order since the roll call vote had begun. City Clerk, Donna Jackson continued the roll call vote that resulted in a seven (7) voting nay, four (4) voting aye and one (1) abstention vote. Those voting nay were: McCall, Young, Rega, Province, Copeland, Moore, and Roddy. Those voting aye were: Kelton, Tate, Crockett, and Rorex. Vice Mayor Perrin abstained from voting. The ordinance was denied.
Councilman Rega offered the ordinance:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO RESIDENTIAL (R-3), LOCATED AT 4303 AGGIE ROAD. (DR. DEAN TYRER)
Councilman Young moved, seconded by Councilman Moore to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye with the exception of Aldermen Kelton and Perrin who abstained from voting. Councilman Young requested the matter be held from further consideration, but was urged to vote on the matter by both Attorney Jim Lyons and Dr. Eugene Smith. Councilman Young moved, seconded by Councilman Moore to further suspend the rules and place on the third and final reading. A voice vote was taken resulting in all members voting aye with the exception of Aldermen Kelton and Perrin who abstained from voting. Councilman Rega moved, seconded by Councilman Moore for the adoption of the ordinance. Discussion followed. Ms. Mildred Richardson was first to address Council stating she had lived in Meadowview since 1977. She explained this was a mobile home community, and resented it being referred to as a mobile home park because it provided housing for people who made too much to qualify for public housing and not enough to rent anywhere else. She urged council members to provide justice for all when making their decision. Attorney Jim Lyons represented Dr. Dean Tyrer along with Attorney C. M. Mooney. Attorney Lyons stated the zoning request was consistent with the land use plan, and with the City Planner’s opinion that the property would be best developed as Residential-3 because it is located near the airport, and railroad tracks. Mr. Mickey Bridger who resides in the Countrywood Subdivision stated his home faces Meadowview. He explained to council members that representation from every neighborhood was present, from Aggie Road to the Jonesboro Airport, going off Stadium Drive to Johnson Ave., and off Airport Road. He referred to seven petitions in opposition to the zoning change containing the signature of every property owner residing in the Countrywood Subdivision. Concerns expressed by Mr. Bridger were density, traffic, safety of school children, and decrease in property values. Mr. Bridger stated the people living in the trailer park are not affected by decreasing property values, and pointed out that most of the people representing Dr. Tyrer do not even live in the area. Councilman Tate questioned Mr. Bridger asking would he pay today what he paid for his house four years ago. Mr. Bridger responded saying no, because of the additional work he has done to his property and the improvements made in the neighborhood. Mr. Jim Farris was next to address Council, saying he had consulted with realtors who believe the value of the homes will decrease if the zoning change is granted. Mr. Farris stated local home owners may have purchased their homes knowing Meadowview Trailer Park was there, but they did not buy their homes with the knowledge that 197 more trailers would be allowed to move in. Mr. Farris explained since the apartments have been built north of Aggie Road, the traffic flow has increased and travels from Aggie to Sagewood Drive through his neighborhood while school children are waiting for the school bus or in the evening forcing them out of the way of speeding cars. He stated vehicles are cutting through his neighborhood because traffic is so backed up. Mr. Farris stated he had spoken with two Nettleton School Board members who were concerned with the increase in school age children since Nettleton is already overcrowded. He closed saying it decreases the value of their homes, the neighborhood, and quality of life. Mr. Roger Carmack who has resided in the area since 1991 was next to address Council. He complained of traffic going through the neighborhood, and of no STOP signs to help slow the traffic down. He mentioned a house at the end of Aggie Road that replaced a chain link fence with a wall made of large boulders in order to stop cars from running off the road in to his yard. Mr. Carmack stated when new industry prospects fly over Jonesboro the image portrayed will be that of a mobile home park not residential housing. Dr. Eugene Smith stated if the rezoning is denied it will have no impact on the 102 spaces at Meadowview Trailer Park which was brought in to Jonesboro as Residential - 1, non-conforming use. He explained the request is to rezone the present mobile home park to Residential-3, as well as a considerable amount of acreage abutting on the East and South sides. He stated if the acreage on the East and South is left as Residential-1 it will develop rapidly with manufactured on site single family homes, and the families presently living in the mobile homes now will continue to live there. Ms. Linda Ward stated she worked for the city and often must work an accident in the intersection of Airport and Aggie on her way home. She stated the value of her home increased because the neighborhood developed not because of Meadowview Trailer Park. She warned there would be a bad accident at the intersection of Airport and Aggie Road if the problem is not addressed. Councilman Tate addressed the issue of traffic by saying it is estimated there are 2.4 cars per home in single family dwellings compared to 1.6 cars per residence in Meadowview Trailer Park. Mr. Rick Keefer was next to address Council stating he lives in the Murray Creek Subdivision. He stated his wife must leave for work twenty-five minutes earlier due to the heavy traffic flow. He explained there are two ways in and two ways out of the Meadowview Trailer Park making it difficult to pull on to Aggie Road, and jeopardizing children’s safety. Mr. Keefer closed by saying there is not enough room to provide for a Mobile Home Community. Councilman Tate stated he purchased his home that is located near a mobile home park. He explained he built two other homes in the same area and sold them for a substantial profit. He stated he had signed a petition allowing for additional trailers to be moved in because the mobile home park existed when he purchased his property.
Councilman Rorex stated he at one time lived in the Allison Mobile Home Park and it was not that bad. He stated excessive traffic did not stop Caraway Road from being developed, and people would have to accept the expansion process. He suggested the city could possibly widen the streets. Vice Mayor Perrin called for a roll call vote on the motion for adoption resulting in a seven (7) three (3) two (2) vote in favor for adoption. Those voting aye were: Tate, Young, Crockett, Rorex, Rega, Copeland, and Moore. Those voting nay were: McCall, Province, and Roddy. Councilmen Kelton and Perrin abstained from voting. The ordinance was assigned 3324. In closing, Dr. Eugene Smith stated that the City Council should give careful consideration for what they want the City of Jonesboro to look like in the future, because the decisions made today will determine what our city will look like for years to come.
Councilman Copeland offered the following ordinance:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3), LOCATED AT 3411 DAN AVENUE. (WAYNE TATE)
Councilman Copeland 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 with the exception of Councilman Tate and Councilman Perrin, who abstained from voting. Those members voting aye were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Rorex moved, seconded by Councilman Crockett to further suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye with the exception of Councilman Tate and Councilman Perrin, who abstained from voting. Those members voting aye were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Copeland moved, seconded by Councilman Moore for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye with the exception of Councilman Tate and Councilman Perrin, who abstained from voting. Those members voting aye were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The ordinance was assigned ordinance number 3325.
Councilman Kelton offered the following ordinance:
ORDINANCE TO AMEND ORDINANCE NO. 2407 AND THE JONESBORO COED OF ORDINANCES 5.16.16 ENTITLED, “WEEDS TO BE CUT …”
Councilman Moore 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 with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Kelton moved, seconded by Councilman Tate to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Tate moved, seconded by Councilman Moore for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Copeland moved, seconded by Councilman Moore for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The ordinance was assigned ordinance number 3326.
Councilman Tate moved, seconded by Councilman McCall for the adoption of a resolution to proceed with condemnation action at 5306 East Nettleton, owned by Mr. David Osterblad. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The resolution was assigned resolution number 2001:56.
Council did not act on an extension for condemnation at 3708 Griffin, owned by Roger P. Moore.
Councilman Young moved, seconded by Councilman Moore for the adoption of a resolution approving the submission of an application to the Arkansas Transportation Enhancement Program for financial fiscal year 2002. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The resolution was assigned resolution number 2001:57.
Councilman Rega moved, seconded by Councilman Roddy for the adoption of a resolution approving the 2002 Consolidated and Action Plan dated October 15, 2001, including the 2002 Community Development Block Grant Projects and Budget. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The resolution was assigned resolution number 2001:58.
Councilman Young moved, seconded by Councilman Crockett for the adoption of a resolution adding the position of one Police Sergeant, without increase to the current overall number of officers. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The resolution was assigned resolution number 2001:59.
Councilman Roddy moved, seconded by Councilman Young for the adoption of a resolution allocating $7,649.89 for salary increases for eleven (11) city employees. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The resolution was assigned resolution number 2001:60.
Councilman Moore moved, seconded by Councilman Roddy to set a public hearing on November 5, 2001, at 6:10 p.m. for the Nestle Bond Issue, and for 6:15 p.m. for the Millard Bond Issue to be held in Council Chambers located at 900 W. Monroe. A voice vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy.
Councilman Kelton announced a Planning and Inspection Committee meeting for 4:00 p.m. tomorrow, October 16, 2001, for the purpose of finding ways to better inform the public of city codes. He also stated the committee would be hearing recommendations from the City Attorney and City Planner concerning condemnation of a particular property located on Main Street.
Councilman Tate stated he and Councilman Moore had worked on Project 365 and commended Mrs. Judy Furr and Dr. Charles Coleman for their dedication and work to cleaning up Jonesboro.
Councilman McCall expressed concern for the placement of notification signs on zoning matters. City Planner, Glenn Batten explained under the new ordinance it is the responsibility of the petitioner to put the signs out. He added the Planning Department now provides instructions that state they reserve the right to not proceed with the matter until the signs are properly posted. Councilman Rega questioned if a fee could not be assessed to the applicant and the Planning Department assume the responsibility of placing the signs in the proper location. Mr. Batten responded saying the applicant is accessed a $100.00 for the application which includes a $48.00 fee for the sign, and questioned if the city was covering its cost for the signs. The suggestion was made to have the applicant make a deposit that would be refunded with the return of the signs. Councilman Moore recommended the Planning Department reuse the notification signs rather than purchase new ones each time. Councilman Kelton stated they were trying to get away from that practice, because it tied up a lot of man power and placed liability on the city. Councilman Kelton requested this matter be added to the Planning and Inspection Committee meeting for further discussion. Councilman McCall requested in the future when City Planner, Glenn Batten disagrees with the recommendation of Metropolitan Area Planning Commission (MAPC), a representative and MAPC Chair be present to answer questions of the City Council. Councilman Moore stated he has asked several times that before the City Council overturns a recommendation of the MAPC, they should have the opportunity to hear from the MAPC regarding the matter. Councilman Kelton suggested each council member be provided a copy of the MAPC minutes regarding each zoning issue. The determination was made that the MAPC minutes do not provide much detail regarding MAPC recommendations. Councilman Kelton stated it was a general overview, especially when a matter is denied. Councilman Rorex stated when Mr. Batten was hired he was asked to provide his personal professional opinion on rezoning matters. Mr. Batten stated sometimes when the time between the MAPC meetings and the City Council meetings is short, it is difficult to have the minutes prepared.
Councilman Rorex recommended a “Certificate of Appreciation” and a plaque be presented to retired Assistant Chief of Police, Bud Marshall and Assistant Fire Chief, Rusty Bradley for their years of service to the City of Jonesboro. City Attorney, Phillip Crego was asked to look into the matter.
Councilman Moore thanked Mayor Brodell for his assistance in providing manpower and equipment to Project 365.
Councilman Roddy offered the following ordinance for first reading:
ORDINANCE TO VACATE AND ABANDON AN UNIMPROVED FIFTEEN (15’) FOOT UTILITY EASEMENT (NETTLETON BAPTIST CHURCH)
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, with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Young moved, seconded by Councilman Moore to further suspend the rules and place on the third and final reading. A voice vote was taken resulting in all members voting aye, with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Roddy moved, seconded by Councilman Young for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye, with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy.
Councilman Copeland moved, seconded by Councilman Moore for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye with the exception of Councilman Perrin who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. The ordinance was assigned ordinance number 3327.
With no further business, the meeting was adjourned.