File #: MIN-04:134    Version: 1 Name:
Type: Minutes Status: Passed
File created: 6/7/2004 In control: City Council
On agenda: Final action: 6/21/2004
Title: Minutes for the City Council meeting on June 7, 2004
Attachments: 1. Plat for the HAML Investments rezoning, 2. Supporting documents for the Scott Moore rezoning
Related files: RES-04:597, RES-04:596, RES-04:595, RES-04:594, RES-04:593, ORD-04:299, ORD-04:298, MIN-04:135, MIN-04:133, AG-04:44
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Minutes for the City Council meeting on June 7, 2004
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CITY COUNCIL MINUTES - JUNE 7, 2004
 
The Jonesboro City Council met Monday, June 7, 2004, at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk, Donna K. Jackson, City Attorney Phillip Crego and ten council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. Councilman McCall and Councilman Perrin were unable to attend.
 
Councilman Moore moved, seconded by Councilman Hargis to approve the minutes of May 17, 2004, as delivered. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy.
 
Mayor Brodell addressed agenda item 11 first, recognizing the City Stars Soccer Champions. Mr. Wilkie, Parks Director reported an increase in participation in comparison to last year.
 
Mr. Larry Flowers reported on the city's finances stating revenues were up and spending was on target. He explained a new tax law would require the city to pay taxes on its tipping fees, but would also provide additional revenue for Jonesboro.
 
The following ordinance was pulled from consideration:
 
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3), LOCATED ON THE SOUTHEAST CORNER OF WEST WASHINGTON AND WEST MATTHEWS (Scott Moore)
 
Councilman Moore moved, seconded by Councilman Hargis to pull the ordinance from the agenda. It was explained that Mr. Scott Moore did not own the property, and at the recommendation of City Attorney, Phillip Crego the item was pulled from consideration. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy.
 
The following ordinance was on the third and final reading:
 
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL (C-1) TO COMMERCIAL (C-3), LOCATED AT 4935 E. NETTLETON. (Ruben Griffin)
 
Councilman Moore moved, seconded by Councilman Roddy for adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The ordinance was assigned ordinance number 3473.
 
The following ordinance was on the third and final reading:
 
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL (C-3) AND COMMERCIAL (C-5) TO RESIDENTIAL (R-3), LOCATED ON THE SOUTH SIDE OF LATOURETTE DRIVE, ON THE EAST AND WEST SIDES OF LATOURETTE LANE. (HAML Investments)
 
Mr. Don Lattourette explained he was representing HAML, LLC an acronym that stands for Harry & Anna Mae Lattourette, his brother and sisters. He explained they were not interested in property development, but merely trying to get rid of the property that was left to them by their parent's estate. He stated they had researched for 2 1/2 years in conjunction with MAPC, the planning department, City Planner Glenn Batten, and the engineering department to develop the property so it would best serve the needs of the community. Mr. Lattourette explained as a result of the collaborative effort, was the recommendation to have the proposed Lattourette Lane connect to Medallion Drive because it would serve as an alternate ingress and egress to the subdivision resulting in better traffic flow. Attorney Glenn Lovett, representing HAML explained the zoning change was in compliance with the city's land use plan and zoning regulations, and would serve as a buffer between commercial and residential property. Attorney Lovett also stated they had offered a compromise of having the proposed Lattourette Lane end in a cul-de-sac rather than connect to Medallion Drive. Several individuals spoke in opposition to the zoning change. They are as follows:
 
Mr. Robert Ryan, a representative of RON's, Respect Our Neighborhood's. He contended that the zoning change would have a negative impact on the area's infrastructure. He explained the streets were designed for light residential use, not high volume traffic. He spoke in opposition to more apartment complexes, stating they are not maintained properly and cause the neighborhood to decline, resulting in a decrease in property values. Mr. John Fowler, spokesman for residents of Medallion Acres, stated the area already has numerous apartment complexes, which are occupied by college students who travel through the neighborhood at a high rate of speed. He stated the rezoning would compound traffic problems and decrease property values. Mr. Fowler was asked what the main concern was by the residents; was it the perception of the construction of multi-family dwellings, or the street being connected to Medallion Drive and the traffic it would create. Councilman Farmer suggested the developers and residents establish a meeting for the purpose of trying to reach a compromise prior to the council voting on the matter. Mr. Delane Hogan of 4120 Forrest Hill Road responded saying he wanted to clarify that they do not want the zoning change even if the road connection is cleared up. He explained there is already a traffic problem in the area and the traffic study being done will take time. He reported there had been 200 police calls in a five month period for this particular area. By a show of hands it was clear that the majority of residents wanted the zoning to be commercial rather than the proposed Residential Three Zoning. It was explained that technically the council has no authority to consider what will be built (such as roads and type of businesses) when considering rezoning requests, and that the Planning Department is researching the possibility of having a better zoning classification for this type of situation. At the request of Mr. Don Lattourette, Councilman Young moved, seconded by Councilman Farmer to withdraw the ordinance from consideration. A voice vote was taken resulting in all members voting aye with the exception of Councilman Moore who voted nay. Those members voting aye were: Farmer, Province, Hargis, Williams, Street, Young, Dover, Furr, and Roddy.
 
Councilman Moore offered the following ordinance for first reading:
 
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO RESIDENTIAL (R-2A), LOCATED ON THE SOUTHEAST CORNER OF BELT STREET AND SCOTT STREET (Shipp Properties)
 
Councilman Moore 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 were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy.
 
Councilman Moore offered the following ordinance for first reading:
 
ORDINANCE AMENDING ORDINANCE NO. 3450 ADOPTING A 2004 ANNUAL BUDGET AND AMENDING THE PAY PLAN FOR THE CITY OF JONESBORO, ARKANSAS
 
Councilman Moore moved, seconded by Councilman Street to suspend with the second and third reading of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. Councilman Moore moved, seconded by Councilman Dover for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. Councilman Moore moved, seconded by Councilman Dover for the adoption if the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The ordinance was assigned number 3474.
 
Councilman Street moved, seconded by Councilman Farmer for the adoption of a resolution authorizing the Mayor and City Clerk to execute Change Order #1 with Knish Corporation for the 2002 Downtown Sidewalk Improvement Program. Mr. McKinnon explained the additional expense was for the difference in state requirements of 1½ feet compared to the Jonesboro requirements of 2 feet for curb and gutter. Also included in the change order was tree and stump removal. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The resolution was assigned number 2004:44.
 
Councilman Dover moved, seconded by Councilman Hargis for the adoption of a resolution authorizing the Mayor and City Clerk to enter into a contract with Matt Silas for the renovation of Fire Station #2 Building. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The resolution was assigned number 2004:45.
 
Councilman Young moved, seconded by Councilman Dover for the adoption of a resolution authorizing the Mayor and City Clerk to enter into a contract with Matt Silas for a concession / restroom facility and sidewalks at Allen Park. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The resolution was assigned number 2004:46.
 
Councilman Moore moved, seconded by Councilman Street for the adoption of a resolution authorizing the Mayor and City Clerk to enter into a contract with Miller-Newell for construction of sewer improvements. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The resolution was assigned number 2004:47.
 
Councilman Moore moved, seconded by Councilman Dover for the adoption of a resolution authorizing the payment of $3,349.22 to Cameron Construction Company for the cost of material provided for the tie-in of Cottage Home Road and Highway 18 East. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy. The resolution was assigned number 2004:48.
 
Under new business, Councilman Dover moved, seconded by Councilman Farmer to accept the low bid meeting specifications for Bid Number 2004:43; Railroad Spur repairs at Commerce Drive crossing. The low bidder was CW&W Contractors for $82,000.00. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Street, Young, Dover, Furr, and Roddy.
 
Under public comment, Mr. Chuck Turner provided a written statement (attached) regarding drainage problems at 1119 and 1200 Penny Lane. Mayor Brodell stated City Engineer, Claude Martin would be installing drainage pipe under Penny Lane tomorrow.
 
With no further business, Councilman Dover moved, seconded by Councilman Moore for adjournment. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Dover, Furr, McCall, and Roddy.