title
Minutes from the City Council meeting on January 18, 1999
body
OATH OF OFFICE - Councilman Garry Tate was sworn in prior to the City Council meeting.
CITY COUNCIL MINUTES - January 18, 1999
The Jonesboro City Council met Monday, January 18, 1999, 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 12 council members. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
Councilman Perrin moved, seconded by Councilman Moore to approve the minutes from January 4, 1999, as delivered. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
Mayor Brodell moved to Item 5 on the agenda and requested the resolution for condemnation be pulled since property owners had not been notified. Councilman Moore inquired as to why the property owners must be notified since they would have thirty days after the adoption of the resolution to respond. Mayor Brodell replied by saying notification was not a requirement, but to pull the item from the agenda was the Council’s decision. Councilman Young stated it was common courtesy to notify people if their property was going to be condemned. Councilman Young moved, seconded by Councilman Rorex to have Item 5 (the condemnations) pulled from the agenda. Councilman Moore questioned if notification would become part of the condemnation procedure, prior to it being placed on the agenda. Mayor Brodell responded by saying it needs to be done, and after tonight’s meeting it would be a policy procedure. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Item 5 was pulled from the agenda.
Councilman Kelton offered the following ordinance for first reading:
ORDINANCE AMENDING THE 1998 BUDGET ORDINANCE FOR THE CITY OF JONESBORO, ARKANSAS
Councilman Rega 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 were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Young moved, seconded by Councilman Tate to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3102.
Councilman Kelton 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 (Dale Barber)
Councilman Kelton 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: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Kelton moved, seconded by Councilman Tate to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Young moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3103.
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 (J. Lamberth)
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 were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Rega to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Perrin moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3104.
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 (Margaret Petrey)
Councilman Rega 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 were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Roddy moved, seconded by Councilman Perrin to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3105.
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 (Fred Pearson)
Councilman Rega 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 were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Roddy moved, seconded by Councilman Perrin to further suspend the rules and place on third and final reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. Councilman Tate moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The ordinance was assigned ordinance number 3106.
Councilman Kelton offered the following ordinance for first reading:
ORDINANCE TO AMEND TITLES 14 AND 15 OF THE JONESBORO CODE OF ORDINANCES, AND TO ADOPT THE JONESBORO LAND DEVELOPMENT CODE
Councilman Kelton requested the ordinance be held until the next council meeting, and then be read a second and third time. Councilman Kelton requested Mr. Brian Wadley, who is over the Planning Department, to give Council an overview of important portions of the Land Development Code. Councilman Perrin questioned if public hearings had been conducted regarding the new code. Mr. Wadley responded by saying the Land Use Committee and the Planning Commission had worked on the Land Development Code for the past two and half years, and several public hearings had been conducted. Mr. Wadley stated questions had been asked by concerned citizens, either in writing or over the radio, and each question or comment was addressed by the committee. It was explained by Mr. Wadley that the new City Planner may want to rearrange sections of the code in order to place them in proper sequence. Mr. Wadley addressed the following changes in the Land Development Code:
•Developments that are already in progress may continue in accordance with the previous code, and have up to two years for completion.
•Change in the names of zoning districts. Currently there are 11 zoning districts, but the new code has 16. Mr. Wadley explained zoning will not change, only the name of the zoning district. The following example was given, Commercial 3 or C-3 will be renamed GC, but the uses will remain the same.
•Two new subdivision zoning classifications which allow for less restrictive curb and gutter and underground drainage. These classifications require certain specifications be met.
•Notification (signage) of a zoning change will become the responsibility of the person/s requesting the zoning change, and must be maintained during the zoning process.
•Village Residential Development is a new overlay district which allows for a combination of commercial and residential development. Mr. Wadley explained the development would have to meet certain specifications, such as a minimum of 75 acres in size with three acres allowed for commercial. It would allow for single family, multi-family dwellings, manufactured housing, and community oriented businesses.
•City Planner will be the final authority on subdivision plats. This will eliminate an additional step for the developers and the Planning Commission.
•Included in the Code is a use chart, which shows what use a particular piece land may be used for. It includes the zoning districts and describes permitted and conditional uses.
•New parking requirements based on usage rather than footage.
•A certificate of occupancy will be required. Mr. Wadley stated a certificate of occupancy could be conditional if parts of the completion were not possible at a particular time.
•Limited Use Zoning will be permitted. This would allow for a specific use or uses, but would not cover all aspects of that particular zoning. It was recommended that this be done on a limited scale.
•Regarding sidewalks, in subdivisions where 50% of the lots are less than 12,000 square feet, the Code requires sidewalks be installed on one side of the street. It was explained that the developer will be required to show where the sidewalks will be located on the subdivision plans.
•Adult Entertainment businesses may not be located within 5,000 feet of a school or church, and are limited to areas zoned for light industrial use.
•Development Improvement Agreement. Requires a fifteen percent down payment of the overall cost of the development, to cover required subdivision improvements. Councilman Kelton explained in some municipalities it is a requirement to complete all curbs and gutters prior to a building permit being issued, while other municipalities require fifty percent completion. It was explained the fifteen percent was a good compromise and would insure completion of future development.
Councilman Perrin questioned if the City Planner should be involved with the code changes, prior to their adoption. Mayor Brodell responded by saying he did not want a City Planner involved with the transition of the code, for accountability reasons. He stated the plan was a culmination of input from different Jonesboro residents and he wanted the City Planner to be responsible for implementing the plan. Councilman Kelton stated they wanted community input for the plan, so the Land Use Committee was created with a broad base of representation. Councilman Perrin questioned if existing subdivisions outside the city limits would have to comply totally prior to annexation. Mr. Wadley stated all would have to comply prior to annexation. Councilman Tate questioned if the same rule applied to mass annexations initiated by the City of Jonesboro. Mayor Brodell stated he did not foresee that happening, but if it does it will have to be addressed at that time. Mr. Wadley stated this requirement existed prior to the mass annexation in 1988 (Ord. 2137), but was waived for the mass annexation. Councilman Kelton referred to an annexation request in Sage Meadows which was denied because the curb and gutter requirements were not met. He explained the tax payers would have to pay if the annexation was allowed. Councilman Tate stated that particular annexation was initiated by the developer not the City of Jonesboro. Mr. Wadley stated there are different ways to annex property and it could be done without much input from Council. It was explained that copies of the plan were available on CD or disk and hard copies would be made available at the public library.
Councilman Perrin moved, seconded by Councilman Roddy for the adoption of a resolution setting a public hearing for 6:20 p.m. on February 1, 1999, for the purpose of vacating a five foot utility easement on Lots 12 & 13 of McDaniel Subdivision Replat. Mr. Mark Deweese had requested the public hearing. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The resolution was assigned number 1999:02.
Councilman Kelton moved, seconded by Councilman Roddy for the adoption of a resolution setting a public hearing for 6:00 p.m. on February 1, 1999, for the purpose of vacating the southern 16 feet of a utility easement located on Lot 45 of the Country Club Heights Subdivision. Mr. Arlis Johnson had requested the public hearing. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The resolution was assigned number 1999:03.
Councilman Rega moved, seconded by Councilman Young for the adoption of a resolution to place STOP signs at the following locations:
ON CYPRESS SPRINGS RD. AT PARAGOULD DR.
ON CYPRESS SPRINGS COVE AT CYPRESS SPRINGS RD.
ON LAMB AT LAWSON
ON MILLBRANCH LN. AT PLEASANT GROVE RD.
ON WALNUT BEND CV. AT MILLBRANCH LN.
ON MILLBRANCH LN. AT LYNNFIELD RD.
ON LYNNFIELD RD. AT PLEASANT GROVE RD.
ON WOODSMOKE DR. AT LYNNFIELD RD.
ON FAIRMONT DR. AT THOMAS GREEN RD.
ON CAPITOL CV. AT FAIRMONT DR.
ON FAIRMONT DR. AT KEYSTONE DR.
ON CONSTITUTION DR. AT KEYSTONE DR.
ON FREEDOM DR. AT CONSTITUTION DR.
ON FREEDOM DR. AT THOMAS GREEN RD.
A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The resolution was assigned number 1999:04.
Councilman Tate moved, seconded by Councilman Young for the adoption of a resolution setting a public hearing for 5:50 p.m. on February 1, 1999, for the purpose of vacating various Right-of-Ways within the Garden Manor Subdivision. Mr. Jerry Craft had requested the public hearing. Councilman Tate pointed out the resolution calls for a thirty foot total width, but an agreement had been reached between Mr. Craft and Rev. Richardson (and two church board members) that the total width would be 32 feet, making the street 26 feet wide, with a 2 foot grassy area and a four foot walk on each side. Further Mr. Craft agreed to install a side walk prior to putting a fence up around Garden Manor. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega. The resolution was assigned number 1999:05.
Under new business, Councilman Kelton moved, seconded by Councilman Perrin to accept the reappointment of Mr. Jon Coleman to the Metropolitan Area Planning Commission. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Roddy, Perrin, Moore, Copeland, Province, and Rega.
With no further business the meeting was adjourned.