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Minutes for the City Council on May 19, 1997
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APPEAL HEARING - 6:00 P.M. - An appeal hearing was held as requested by Mr. Farrell Benton and his attorneys, of Mooney Law Firm. Mr. C.M. Mooney, Sr. represented Mr. Benton regarding a denial by the Metropolitan Area Planning Commission to rezone 2.56 acres from Residential (R-1) to Commercial (C-4), located on the east side of Harrisburg Road, south of Medallion Drive. Mr. Mooney stated his client had not determined how the property would be developed, but that Commercial (C-4) zoning would be its highest and best use. Since no plat had been previously provided to Council, Mr. Mooney circulated a single plat among council members. He stated an ordinance and plat would be provided by the next council meeting. Mr. Brian Wadley, of the Planning and Inspection Department was asked to give reasons for the MAPC denial. Mr. Wadley stated the MAPC moved to deny the request based on the following: Nonconformance with the Land Use Plan that projects medium density residential use, would create an illegal lot in the rear of the property; and would be spot zoning because of residential use on three sides. Several spoke in opposition to the rezoning giving reasons of increased traffic, safety, reduced property values, and poor drainage. Mr. Wadley also explained Commercial (C-4) would allow for numerous types of commercial use. One resident stated due to his line of work, privacy was of major importance, and to rezone the property commercial would jeopardize his family and his career. Councilman Crockett questioned those voicing opposition if they would be open to negotiations regarding a buffer zone. He was told a fence would be better than nothing, but no buffer could adequately protect the residential area.
CITY COUNCIL MINUTES - May 19, 1997
The Jonesboro City Council met Monday, May 19, 1997, at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk, Donna K. Jackson, City Attorney, Phillip Crego and 12 council members. Those members were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Vice Mayor Kelton presided over the meeting in the absence of Mayor Brodell.
The minutes of May 5, 1997, were approved as amended by Councilman Pratt seconded by Councilman Roddy. The amendment was to remove Councilman Pratt's name from the list of council members voting in favor of an ordinance to establish an inspection fee (page three). A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
As the next order of business, Councilman Rega offered the following ordinance for the first reading:
AN ORDINANCE LEVYING A TAX UPON THE GROSS RECEIPTS OF RESTAURANTS, CAFES, CAFETERIAS, DELICATESSENS, DRIVE-IN RESTAURANTS, CARRY-OUT RESTAURANTS, CATERING AND SIMILAR BUSINESSES IN THE CITY ; PRESCRIBING THE PROCEDURE FROM THE COLLECTION AND ENFORCEMENT OF THE TAX; PRESCRIBING THE PURPOSES FOR WHICH REVENUES DERIVED FROM COLLECTION OF THE TAX MAY BE USED AND PRESCRIBING OTHER MATTERS PERTAINING THERETO
Councilman Rega stated the Parks and Recreation Planning and Advisory Commission, the Advertising and Promotion Commission, and the Parks Committee were all in support of the proposed ordinance. Councilman Tate moved, seconded by Councilman Crockett to suspend the rules and place the ordinance on second reading. A voice vote was taken resulting in all council members voting aye. Those members were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was read a second time.
The following ordinance was on the third and final reading:
AN ORDINANCE TO ABANDON UNIMPROVED PORTIONS OF A TEN FOOT DRAINAGE EASEMENT BETWEEN LOTS 4 AND 5 OF THE DAVID SMITH 4TH ADDITION (Jimmy Doyle Hunt / Berl Smith)
At the request of Hunt Properties, Ltd and their attorney, Berl A. Smith the ordinance was tabled until June 2, 1997, to allow Mulhollen & Associates, Inc. more time to prepare necessary documentation, and to reach a compromise with adjacent property owners who are opposed to the drainage easement abandonment.
The following ordinance was on the third and final reading:
AN ORDINANCE TO ABANDON UNIMPROVED PORTIONS OF TINA CIRCLE LYING EAST OF LOTS 4 AND 5 OF THE DAVID SMITH 4TH ADDITION (Jimmy Doyle Hunt / Berl Smith)
At the request of Hunt Properties, Ltd and their attorney, Berl A. Smith the ordinance was tabled until June 2, 1997, to allow Mulhollen & Associates, Inc. more time to prepare necessary documentation, and to reach a compromise with adjacent property owners who are opposed to the street abandonment.
Councilman Roddy 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 (Bernice Craft)
Councilman Tate moved, seconded by Councilman Young 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: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was read a second time.
Councilman Bowers offered the following ordinance for the first reading:
ORDINANCE FOR THE APPROVAL OF ANNEXATION AND ZONING CLASSIFICATIONS OF COMMERCIAL (C-3) FOR 3.32 ACRES AND INDUSTRIAL (I-1) FOR 3.49 ACRES. (Jon Taylor / C. M. Mooney, Sr.)
Councilman Bowers 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 voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was read a second time.
Councilman Young 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 (Sage Meadows / C. Mooney)
Councilman Bowers moved, seconded by Councilman Rega 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: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Kelly to further suspend the rules and place on the third and final reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Rega moved, seconded by Councilman Bowers 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, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 2782.
Councilman Bowers offered the following ordinance for the first reading:
ORDINANCE FOR THE APPROVAL OF ANNEXATION AND ZONING CLASSIFICATION OF RESIDENTIAL (R-3) FOR 86.8 ACRES LOCATED ON THE SOUTH SIDE OF MACEDONIA ROAD (Sage Meadows / Mooney, Sr.)
Councilman Tate 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 voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate moved, seconded by Councilman Rega to further suspend the rules and place on the third and final reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate 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, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 2783.
The following ordinance was on the agenda for first reading:
ORDINANCE AMENDING JONESBORO CODE OF ORDINANCES SECTION 9.12.05 ENTITLED "RAILROADS OBSTRUCTING CROSSINGS" CHANGING THE TIME LIMIT WITHIN WHICH A TRAIN MUST CLEAR AN INTERSECTION, INCREASING THE PENALTY FOR VIOLATION THEREOF
Councilman Rorex moved, seconded by Councilman Pratt to table the ordinance until June 2, 1997, to allow City Attorney, Phillip Crego time to meet with railroad officials and discuss the matter. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Councilman Roddy offered the following ordinance for the first reading:
ORDINANCE TO AMEND SECTION 8.40.18 OF THE JONESBORO MUNICIPAL CODE ENTITLED "PARKING TIME LIMITS".
Before the ordinance was read the first time Councilman Rorex moved, seconded by Councilman Rega to table the ordinance until June 2, 1997, allowing the Public Transportation & Parking Committee time to review the purposed changes. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
The following bids were reviewed:
•97:21 - SIDEWALKS, CURB & GUTTER & DRIVEWAYS - STREET DEPARTMENT
Councilman Tate moved, seconded by Councilman Rorex to accept the recommendation of the Street Committee to split the bid between Fred Barnett and Garry Meadows. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
•97:22 - RUBBER TIRE LOADER - SANITATION DEPARTMENT
Councilman Rega moved, seconded by Councilman Young to accept low bid meeting specifications from Town & Country International for $101,700.00, plus a five year extended warranty for an additional $4,094.97, the total being $105,794.97. A voice vote was taken resulting in all members voting aye with the exception of Councilman Roddy who abstained from voting. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, and Bowers.
Councilman Tate offered a resolution to proceed with condemnation action on the following Jonesboro properties: 409 Belt Street, 217 Baker Street, and 305 N. Second Street. Councilman Tate moved, seconded by Councilman Rega for the adoption of the resolution. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:36.
Councilman Bowers offered a resolution setting a public hearing for June 2, 1997, at 6:15 p.m. in Municipal Court, regarding the abandonment of a portion of drainage easement located in Sage Meadows Subdivision. Councilman Bowers moved, seconded by Councilman Pratt for the adoption of the resolution. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:37.
Councilman Bowers offered a resolution placing various traffic signs in the following locations within Jonesboro:
"STOP" Signs:
On Reno St. at Oriole St.
On Pamona St. at Reno St. (On East Side Only).
On Wood Duck Cove at Lakewood.
20 MPH Speed Signs:
On Clover from Sun to Parkwood
On Sun from Clover to Parkside
On Fairfield from Dayton to Timms
25 M.P.H. Speed Signs
On the Residential Streets of: Reno, Oriole, and Pamona.
Councilman Young moved, seconded by Councilman Pratt for the adoption of the resolution. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:38.
Councilman Tate offered a resolution requesting City Water & Light to provide free utility services to the following railroad crossing locations:
- Commerce Drive
- Moore Street
- Heath Street
- Cottage Home Road (Amended from College Street)
- B. P. Way
- Quality Way
Councilman Tate moved, seconded by Councilman Young to amend College Street to read Cottage Home Road, and for the adoption of the resolution as amended. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:39.
Councilman Bowers offered a resolution authorizing the Mayor and City Clerk to enter into a five (5) year lease agreement with Nettleton Lodge No. 657. Councilman Bowers moved, seconded by Councilman Pratt for the adoption of the resolution. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Kelly, Tate, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was given the number 1997:40.
Under new business several committee meetings were set. Councilman Fletcher moved to appropriate funds for five new office chairs to be used for council meetings. Vice Mayor Kelton stated he would speak to Mayor Brodell about providing the additional furnishings. No second was voiced, no vote taken.
With no further business the meeting was adjourned.