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Minutes from the City Council meeting on May 20, 1996
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CITY COUNCIL MINUTES - MAY 20, 1996
The Jonesboro City Council met Monday, May 20, 1996, at 6:30 p.m. A full quorum was in attendance. Present were: Donna K. Jackson, City Clerk, Phillip Crego, City Attorney, and 11 council members. Those members were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Kelton, Roddy, and Harpole. Councilman Perrin was unable to attend the meeting. Vice Mayor, Gary Harpole presided over the meeting in the absence of Mayor Brodell.
The minutes of May 6, 1996, were approved as delivered by Councilman Tate and seconded by Councilman Young. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Kelton, Roddy, and Harpole.
The following ordinance was up for the third and final reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES. (Dallas & Timmy Spence & Regina Prociw)
Councilman Young moved, seconded by Councilman Tate for the adoption of the ordinance. The question was asked of City Attorney, Phillip Crego, could the ordinance be adopted with the stipulation that easements be granted for the Higginbottom Creek Drainage Project. Mr. Crego responded no such stipulation should be allowed. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Kelton, Roddy, and Harpole. The ordinance was given the number 2700.
Councilman Evans offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES. (Mike & Marcie Walters - C. Mooney, Sr.)
Councilman Evans moved, seconded by Councilman Tate to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole. The ordinance was read a second time.
Councilman Rega offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES. (Farmer Enterprises, Inc.)
Councilman Kelton moved, seconded by Councilman Young to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole. Councilman Kelton moved, seconded by Councilman Tate to further suspend the rules and place on the third and final reading. A roll-call vote was taken resulting in eight council members voting aye. Those members were: Evans, Province, Hannah, Young, Rega, Kelton, Tate, and Roddy. Councilman Harpole voted nay, and Councilman Vance passed his vote, then voted nay. The final result was an eight (8) to two (2) vote in favor of a third reading. 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: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole. The ordinance was given the number 2701.
Councilman Kelton offered a resolution amending the Non-Uniform Employee Pension Plan. The following amendments were made:
(1) The plan year is hereby amended to January 1 through December 31 of each year. All other dates that are determined by the plan year are amended appropriately.
(2) Eligibility requirements are hereby amended to include all regular employees of the City of Jonesboro, excluding part-time and seasonal employees, who are not eligible for participation in any other pension plan of the city. Such employees are eligible to be included in the Plan on the first January 1 or July 1 coincident with or next following their date of employment with the City, provided however they sign the appropriate application forms allowing the Employer to make payroll deductions, designate a beneficiary to receive any Death Benefits hereunder, and furnish whatever data the Employer needs.
(3) The retirement benefit for Credited Future Service is amended as follows: The monthly amount of Future Service Benefit shall be 1.25% of your Career Average Earnings multiplied by your Years of Credited Future Service.
(4) The vesting schedule is amended as follows:
Years of Credited Service Percentage of Retirement Benefit
Less than five years 0%
5 years or more 100%
(5) The effective date for all of the above amendments to the plan is January 1, 1996.
(6) In implementing plan amendments, all classes of eligible employees will be affected as follows:
(A) All employees who are currently participating in the plan, including those who have retired but have not yet begun to receive their retirement benefits, will experience no change other than those detailed in the preceding sections of this resolution.
(B) Current city employees who are not yet eligible under the old plan terms but who are eligible under the amended terms will become immediately eligible for participation, and will be allowed the opportunity to participate on the first January 1 or July 1 coincident with or next following passage of this resolution. The effective date for calculating Credited Future Service for such employees will be their date of employment in a position that meets eligibility requirements.
(C) Current city employees who are eligible under the old terms but who are not currently plan participants, including those who have previously terminated their participation will be granted the opportunity to participate in the plan on the first January 1 or July 1 coincident with or next following passage of this resolution. Past service of such employees will count for vesting purposes, but will not be included in determining credited service for retirement benefits; and such employees will not be allowed to "buy back" or purchase past years of service.
(D) Those former employees who have retired and are already receiving benefits will experience no change in those benefits.
(7) The Mayor or his authorized representative is hereby directed to take whatever action is necessary to implement the above amendments.
Councilman Kelton moved, seconded by Councilman Tate for the adoption of the resolution. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole. The resolution was given the number 1996:16.
Councilman Tate offered a resolution to proceed with condemnation action against property located at 2517 Race Street, owned by Mr. Skip Macon. Councilman Tate moved, seconded by Councilman Evans for the adoption of the resolution. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole. The resolution was given the number 1996:17.
Appointments: Councilman Evans moved, seconded by Councilman Rega to appoint Mr. Gene Gardner to fill the unexpired term of Mr. Lloyd McCracken, whose term expires February 1, 1997. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole.
Review Bid: 96:25 - Micro Surfacing - Street Department
Councilman Evans moved, seconded by Councilman Vance to accept low bid meeting bid specifications. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole.
Under new business, Mr. Bill Ebbert came before Council, requesting another condemnation extension for his property located at 1210 S. Madison. Mr. Ebbert has been working on the property for the past eleven years, and had obtained three separate work permits. The most resent condemnation extension (six months) had been granted by Council in November of 1995. Since November of 1995, Mr. Ebbert explained he has spent $35,000.00 dollars trying to bring the structure up to code, which included replacing the roof. Mr. Ebbert was represented by his attorney, Charles Mooney, Sr. Mr. Mooney stated his client was unable to meet the extension deadline because of rainy weather, unable to keep a work crew, and because Mr. Ebbert was a hobbyist rather than a contractor. Council requested a report from the Planning and Inspection Director, Mr. Brian Wadley. Mr. Wadley reported most of the work done since the last extension was adding additional floor space to the structure, and some cosmetic work (fireplaces with safes in them). Mr. Wadley explained Mr. Ebbert had failed to pass the framing inspection, and had not provided required engineer reports for replacement of deteriorated lumber.
After much discussion regarding Mr. Ebbert’s failure to meet an extension deadline the following motion was made. Councilman Evans moved, seconded by Councilman Tate to grant a nine (9) month extension with the stipulation that Mr. Ebbert post a $25,000.00 bond no later than June 3, 1996 with City Attorney, Phillip Crego, prior to the extension being granted. It was explained, should Mr. Ebbert fail to complete construction within the (9) months, he would be fined the $25,000.00. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole.
Mosquito Control Report: Councilman Roddy moved, seconded by Councilman Tate to accept a recommendation by the Mosquito Committee to sell un-used mosquito chemicals and equipment to Vector Mosquito Control for a sum of $30,000.00. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole.
Councilman Roddy also, reported the Committee had requested a written report be provided to the Mosquito Control Committee on a monthly basis, and an annual report be given in open session to the full Council.
Traffic Resolution: Councilman Vance moved, seconded by Councilman Young for the adoption of a traffic resolution, placing “STOP” signs at the following locations:
- On Southwest Circle at Southwest Square (Both ends of Southwest Circle)
- On Southwest Square at Southwest Drive
- On Bramblewood Cove at Nettleton Ave.
- On Cayman Place at Harrisburg Rd.
- On Khakis Place at Cayman Place
- On Cayman Place at Caribbean Place
- On Missys Cove at Caribbean Place
- On Caribean Place at Caraway Road
- On Briar Dr. at Race Street
- On Matt Drive at Race Street
- On Landsbrook Drive at Richardson Drive
- On Summit Cove at Landsbrook Road
- On Tulane Circle at Landsbrook Road
A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Kelton, Tate, Roddy, and Harpole. The resolution was given the number 1996:18.
With no further business the meeting was adjourned.