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Minutes for the City Council meeting on September 21, 1998
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CITY COUNCIL MINUTES - SEPTEMBER 21, 1998
The Jonesboro City Council met Monday, September 21, 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 10 council members. Those members were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Perrin and Councilman Rorex were unable to attend.
The minutes for a Special Called Meeting, September 4, 1998, and the regular minutes of September 14, 1998, were approved as delivered, by Councilman Province seconded by Councilman Tate. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy.
As requested, Councilman Pratt was recognized by Mayor Brodell and allowed to address the Council regarding Ordinance No. 3076, adopted September 4, 1998. The ordinance provided for the appointment of finance director as treasurer. Councilman Pratt stated he had questions regarding the ordinance. Councilman Young, Chairman of the Finance Committee deferred any questions regarding the appointment of city treasurer to a special committee consisting of the following members: Mayor Brodell, Councilman Kelton, Councilman Bowers, Councilman Province, and Councilman Pratt. Councilman Young requested any concerns be referred to this committee prior to the matter being discussed in an open council meeting. Councilman Pratt stated the matter had already been referred to three committees prior to the Special Called Meeting, and expressed concern over the fact that the matter had been ignored. Councilman Young stated it was a waste of time to involve the full council in a moot issue. Councilman Young then moved, seconded by Councilman Roddy to refer the matter to the special committee. Councilman Pratt stated the issues he wished to address were not moot issues. Councilman Young stated the position of city treasurer does not even exist. He was referring to the fact that Council had not made provisions for the position of treasurer to be an elected position, but rather had appointed the Finance Director as City Treasurer. Councilman Bowers recommended the issue be turned over to Prosecuting Attorney, Brent Davis to make a determination on the matter. Mayor Brodell requested a legal opinion from City Attorney, Phillip Crego. Mr. Crego stated he would provide a legal opinion once he knew the question being asked. Councilman Pratt stated he had many questions. Councilman Young stated he did not want to hear the questions in a full meeting, and called for the question. Mayor Brodell called for a roll call vote on the previous motion. The vote resulted in a nine (9) to one (1) vote in favor of the motion. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Young, Bowers, and Roddy. Councilman Pratt voted nay. Councilman Pratt questioned when the committee would meet and was told by Mayor Brodell that since the committee was just formed they would have to let him know. Councilman Pratt questioned who would be the Chair of the meeting. Councilman Young moved, seconded by Councilman Province to appoint Councilman Kelton the Chairman of the committee. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy.
Councilman Rega reported that the Professional Services Committee met to discuss a ruling by the Federal Courts allowing cable companies to charge 5% of the 5% Franchise Fee to local consumers. Councilman Rega stated the Professional Services Committee does not recommend such an increase due to the fact that Jonesboro subscribers would see no direct benefit from the increase. Councilman Young moved, seconded by Councilman Kelton to reject the .5 of 5% fee of TCA Cable. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Crockett clarified that TCA Cable was not seeking to increase consumer rates and was not in favor of the increase.
The following ordinance was on third reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Russell Dougherty)
Councilman Tate moved, seconded by Councilman Davis for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3080.
The following ordinance was on third reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Brenda Rainwater)
Discussion followed with regard to the proper zoning classification for this particular ordinance.
Mr. Brian Wadley stated the Metropolitan Area Planning Commission had recommended Residential (R-2), but Councilman Kelton stated Brenda Rainwater and Betty Shaw (a member of the MAPC) had understood the recommendation to be Residential (R-3). Mr. Wadley stated if the property is to be changed to Residential (R-3) the process would have to start over, and return for consideration by the MAPC. Since Brenda Rainwater was not present at that particular time, Councilman Rega moved, seconded by Councilman Kelton to table the matter until the next council meeting, October 5, 1998, so questions could be cleared up regarding this rezoning request. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Later in the meeting, Brenda Rainwater addressed Council regarding this ordinance and stated she was in agreement with the Residential (R-2) zoning. Councilman Rega moved, seconded by Councilman Davis for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3081.
Councilman Young 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 (Lamco)
Councilman Tate moved, seconded by Councilman Davis to suspend the rules and place on second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on third and final reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Young moved, seconded by Councilman Davis for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3082.
Councilman Roddy 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 (Dr. William Young)
Councilman Rega moved, seconded by Councilman Roddy to suspend the rules and place on second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Province moved, seconded by Councilman Tate to suspend the rules and place on third and final reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Young moved, seconded by Councilman Rega for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3083.
Councilman Pratt 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 (Wayne Hugg)
Councilman Kelton moved, seconded by Councilman Bowers to suspend the rules and place on second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. No further action was taken regarding this ordinance.
Councilman Young 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 (Garry Meadows)
Councilman Tate moved, seconded by Councilman Davis to suspend the rules and place on second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on third and final reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Kelton moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3084.
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 (Floyd Vuncannon)
Councilman Tate moved, seconded by Councilman Davis to suspend the rules and place on second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Davis to suspend the rules and place on third and final reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. Councilman Young moved, seconded by Councilman Tate for the adoption of the ordinance. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3085.
The following ordinance was on third reading:
ORDINANCE TO AMEND THE JONESBORO CODE OF ORDINANCES 15.16.01 FOR THE PURPOSE OF ADOPTING A STREET IMPROVEMENT AGREEMENT FOR USE WITH ENFORCEMENT OF THE SUBDIVISION REGULATIONS AND TO PREVENT PIECE-MEAL INSTALLATION OF STREET IMPROVEMENTS
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, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The ordinance was assigned number 3086.
Councilman Kelton moved, seconded by Councilman Roddy for the adoption of a resolution authorizing the Corps of Engineers and contractors to enter onto easements previously obtained by the City of Jonesboro Whiteman Creek Drainage Project. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy. The resolution was assigned number 1998:56.
Councilman Rega moved, seconded by Councilman Pratt to accept the Mayor’s recommendation of Mr. Bill Gott on the Metropolitan Area Planning Commission with an expiration date of February 1, 2000. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Province, Davis, Tate, Crockett, Rega, Pratt, Young, Bowers, and Roddy.
Under new business, City Clerk Donna Jackson reported that the Initiative Petition to eliminate smoking in enclosed public places within the City of Jonesboro, Arkansas, was found to be insufficient. She stated the number needed (15% of legal voters in the last mayoral election) was 2,013, but the number of signatures found to be sufficient was 1,892, for a difference of 121. Mrs. Jackson explained as required by Amendment 7 of the Arkansas Constitution the City Clerk is to notify the sponsors of the initiative that an insufficiency does exist, and grant ten (10) days from the notification for corrections and amendments. She stated she was unable to notify the sponsors of the initiative before the council meeting, but would do so the following day. The 10 day deadline would be ten days from September 22, 1998, making the deadline date October 2, 1998.
City Attorney, Phillip Crego reported on the legal status of property located on Madison Street owned by Mr. Bill Ebbert. Mr. Crego explained there are two issues involved with the property: 1) Condemnation, tearing down of the physical property, and 2) Civil action regarding collection of a $25,000.00 surety bond which Mr. Ebbert posted should he fail to meet the last condemnation extension deadline. Mr. Crego stated suit had been filed some time back regarding the $25,000.00 bond and a response had been received from Mooney Law Firm. Mr. Crego explained that Mr. C.M. Mooney had made a request for information (Discovery) regarding the matter, and his office was in the process of responding to the Discovery. He stated a request for a trial had been made, and the Ebbert Family through the Mooney Law Firm has requested a jury trial. In response to the condemnation (tearing down the property), Mr. Crego stated that it had not been done yet, and the Inspections Department was requesting affirmation from Council before removing the building while litigation is pending. Further Mr. Crego reported that Mr. Stan Langley, an attorney for First Bank of Arkansas which holds the mortgage for Mr. Ebbert was planning foreclosure and had requested the building not be destroyed. Mr. Crego explained at the present time no filings had been made to prevent the demolition of the property but they were possibilities both from Mr. Stan Langley and Mr. C. M. Mooney. Councilman Tate questioned how long the foreclosure process would take. Mr. Crego estimated the earliest, barring no complications, would be 45 to 60 days. Mr. Stan Langley addressed Council saying he had been instructed to proceed with foreclosure on the Madison Street property as well as other properties owned by Mr. Ebbert. Mr. Langley anticipated filing a lawsuit by Wednesday, September 23, 1998, and proceed with the foreclosure. He explained the case could take six months depending on what is done in opposition by Mr. Ebbert. Mr. Langley stated if successful with the foreclosure they would immediately finish the remodeling of the structure and sell it to a third party. Councilman Young moved, seconded by Councilman Tate to with hold a decision (regarding the demolition of the property) for ninety days due to pending litigation. Mr. Chris Moore, who lives at 1237 S. Madison, objected to the motion stating the problem has existed for 15 years and there is nothing to prevent Mr. Ebbert from obtaining more financing, avoiding the foreclosure, and putting it off for another year. Councilman Young stated we have gone eleven years and he did not see a problem waiting another ninety days. Mr. Moore responded saying that is why the problem has existed for eleven years, by delaying action ninety days at a time. Councilman Young stated it would be worth waiting ninety days to avoid a possible lawsuit against the City of Jonesboro. Mr. Moore corrected Councilman Young’s statement by saying it was a threat of a lawsuit. A roll call vote was taken resulting in an eight (8) to two (2) vote in favor of the motion. Those members voting aye were: Kelton, Province, Davis, Tate, Rega, Young, Bowers, and Roddy. Those members voting nay were: Crockett and Pratt. City Attorney, Phillip Crego stated foreclosure action will not prevent or delay the case regarding the $25,000.00 bond, and as soon as the court date is set he will inform Council, as well as provide a copy of the foreclosure as soon as he receives a copy of it.
Councilman Pratt stated he had provided City Attorney, Crego with paperwork regarding the ordinance pertaining to publication fees and was waiting for his legal opinion on the matter. Councilman Pratt also requested the special committee (Regarding Treasurer Position) to include City Attorney, Phillip Crego and City Clerk, Donna Jackson. He requested the committee meet as soon as possible. Mayor Brodell stated he could not meet the following week with the committee and requested he be replaced. Councilman Kelton responded by saying he was booked solid until September 30, 1998. Councilman Pratt stated there was a possibility of a lawsuit regarding the ordinance. Councilman Young asked Councilman Kelton to set a possible meeting date. Councilman Kelton stated the earliest he could meet would be September 30, 1998. Councilman Pratt requested prior notice once the meeting is set so he could be prepared for the meeting. Councilman Kelton stated he would give plenty of notice.
With no further business the meeting was adjourned.