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Minutes for the City Council meeting on April 16, 1990
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Public Hearing
A Public Hearing was held at 6:50 p.m. regarding the abandonment of a 20 ft. alley running E and W between Fisher and Drake behind Bill and Jerry’s Supermarket Discussion concerning letters from the existing utilities was held. Brian Wadley, MAPC representative stated ARKLA has no lines in the alley. Steve Garner, Engineer with SW Bell called to verify they withdrew their objections, as no cable was in placement in said alley. CWL has a sewer main and a power line in the alley and will need a 20 ft. easement for the existing sewer main and power line.
Appeal Hearing
An Appeal Hearing was held at 7:00 p.m. regarding an appeal by Troy Coleman from MAPC regarding replat of property on SE corner of intersection of Gee and Matthews. Attorney Keith Blackman stated the replat was needed for the 2 lots for commercial purposes as a convenience store, parking and dispensing of gasoline. He added a lot owned by Mr. Cooper was not required to give footage. Gene Vance, of the MAPC stated the Council overturned the intersection design in September, 1982 and in April, 1983 the action was rescinded concerning the 41 ft. Requirements on the NW corner and went back to 30 ft. on Matthews and Gee at the request of the City Engineer serving at that time. Mr. Coleman’s request was to move the lot line within 2 lots, the site line being sufficient. Discussion followed regarding the property over stipulating 6 ft. on Matthews, 11 ft on Gee for utility easement, creating a triangular shaped area with “No Parking” stipulated in said triangle with a 6 inch curb and a site plan.
City Council Minutes - April 16, 1990
The Jonesboro City Council met in regular session at 7:30 p.m. Present were Mayor, City Clerk, City Attorney and all Aldermen with the exception of Dr. Strauser who was absent.
The minutes of April 2, 1990, were approved as mailed on motion by Mr. Stricklin, seconded by Mr. Bridger. All voted aye.
Mr. Bridger offered the following ordinance for first reading:
AN ORDINANCE TO AMEND # 2228, OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO, ARKANSAS BY SPECIFICALLY ADDING THE EARTHQUAKE DESIGN LOAD REQUIREMENTS OF THE SOUTHERN BUILDING CODE TO THE CITY’S ADOPTED BUILDING CODE AND FOR OTHER PURPOSE
The Chairman of the Earthquake Committee appointed to discuss the matter, Charlie Smith recommended the standard be added back into the code because of the protection for the city against an earthquake eventually to occur along the New Madrid Fault. The Mayor added the Council took the action removing the code at the request of AIDC. The addition to the code will require design and construction of new buildings to include the load requirements. Mr. Park moved, seconded by Mr. Shelton to suspend the rules and place on second reading. A roll call vote was taken and all voted aye.
Regarding Council action on an Appeal by Troy Coleman from a MAPC decision of a property replat on SE corner of intersection of Gee and Matthews, Mr. Shelton moved to override the MAPC decision and to accept the compromise with the property owner stipulation to the 11ft. utility easement on Gee, and 6 ft. easement on Matthews, with “No Parking” designated in the triangular shaped area and with a 6 in. Curb and submission of a site plan. Mr. Evans seconded the motion. A roll call vote was taken and all voted aye.
Mr. Shelton offered the following ordinance for first reading:
AN ORDINANCE TO ABANDON A 20 FT. ALLEY RUNNING E AND W BETWEEN FISHER AND DRAKE
Mr. Stricklin moved, seconded by Mr. Bridger to suspend the rules and place on second reading to amend the ordinance to retain a 20 ft. utility maintenance and drainage easement. All voted aye. Mr. Bridger moved, seconded by Mr. Stricklin to further suspend the rules and the ordinance on third reading. All voted aye with the exception of Mr. Park who voted nay. Mr. Bridger moved, seconded by Mr. Evans for the adoption of the ordinance, as amended, with the emergency clause. A roll call vote was taken and all voted aye. The ordinance was given the number 2262.
Mr. Evans offered the following ordinance for first reading: (Rez / R -1 to C -3, SW corner Parker Rd. & Parker Dr. Dant, et al)
AN ORDINANCE TO AMEND #954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR THE CHANGE IN ZONING BOUNDARIES AND FOR OTHER PURPOSES
MAPC liason, Brian Wadley stated all stipulations had been met. Mr. Hannah moved, seconded by Mr. Park to suspend the rules and place on second reading. All voted aye. Mr. Hannah moved, seconded by Mr. Bridger to further suspend the rules and place on third reading. All voted aye with the exception of Mr. Park who voted nay. Mr. Hannah moved, seconded by Mr. Bridger to adopt the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2263.
Mr. Bridger offered the following ordinance for first reading: (Annexation Hwy 49N, F. Bridger, et al)
AN ORDINANCE ACCEPTING CERTAIN LANDS ANNEXED TO THE CITY OF JONESBORO, AR BY ORDER OF THE COUNTY COURT OF CRAIGHEAD COUNTY, AR; ASSIGNING SAID ANNEXED TERRITORY TO WARD 6; DECLARING THE ZONING FOR THE ANNEXED TRACT DECLARING AN EMERGENCY AND FOR OTHER
Mr. Mays moved, seconded by Mr. Hinson to suspend the rules and place on second reading.
Mr. Shelton offered the following ordinance for first reading: (Annexation H 18E.C.Hoke)
AN ORDINANCE ACCEPTING CERTAIN LANDS ANNEXED TO THE CITY OF JONESBORO, AR BY ORDER OF THE COUNTY COURT OF CRAIGHEAD COUNTY, AR; ASSIGNING SAID ANNEXED TERRITORY TO WARD 6; DECLARING THE ZONING FOR THE ANNEXED TRACT DECLARING AN EMERGENCY AND FOR OTHER
Mr. Bridger stated he had received a call from Mr. McFarlin questioning the proposal and asked Council to delay action until the matter could be further studied. The Mayor stated that after these two annexation matters are completed, he knew of no additional problems and emphasized completing the annexation to allow adequate time for preparation for Fire Rating.
Mr. Shelton offered the following ordinance for first reading: (Rez / R -1 to C -3, SW corner of Race & Caraway, Rees)
AN ORDINANCE TO AMEND #954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR THE CHANGE IN ZONING BOUNDARIES AND FOR OTHER PURPOSES
Attorney Dennis Zolper requested the ordinance be amended to delete sections 1 and 2, thereby amending stipulations set by MAPC. Following considerable discussion of the amendment of the stipulations set by MAPC and right of way, the Mayor recommended referring the matter to the city planning department staff to discuss giving Rees easement and right of way along Race and Caraway. Mr. Zolper asked the matter be held on one reading and the 2nd and 3rd readings combined at the next meeting. Mr. Hannah objected due to the public not being aware of the two readings in one night unless the media would publicize the combined readings in one night. Mr. Holmes of the Jonesboro Sun agreed to publish information to that effect and the agenda will reflect same.
An ordinance regarding Mobile Homes destroyed by fire or natural disaster was pulled from consideration when Mr. Province and Mr. Mays noted the City Planner should first submit the matter regarding zoning to the MAPC for review.
The following bids were up for review:
90:21 - cab and chassis - Street
Mr. Shelton moved, seconded by Mr. Mays to accept a street committee recommendation to purchase 2 cab and chassis, 2 ton, @$24,000 with $9,536 balance to come from Unappropriated Street Funds and from the low bid meeting specifications, Blackwell/Baldwin #3 bid. All voted aye.
90:22 - Pool repairs and painting - Parks
Mr. Park moved, seconded by Mr. Evans to accept the low bid meeting specifications from Jimmy Stump Pools. All voted aye.
90:23 - Pressure paks, aluminum cylinders - Fire
Mr. Stricklin moved, seconded by Mr. Bridger to accept the low bid meeting specifications from Ozark Fire Extinguisher with the $5,916.00 over budget to come from Miscellaneous Funds in the Fire Department budget.
90:24 - Microfilm reader/printer - Clerk
Mr. Bridger moved, seconded by Mr. Evans to accept the low bid meeting specifications from Office Systems Equipment in the mount of $5,800.00. All voted aye.
Mr. Sanderson moved, seconded by Mr. Mays to appoint David P. Marthey to the Airport Commission with term to expire 4/16/95. All voted aye.
Mr. Evans offered a resolution concerning placement of traffic signs as follows:
40 mph on Paragould Hwy from U.S. 49N, S to Aggie Rd
yield sign at Bennett Dr. & Dacus Ln.
stop sign at Bennett Dr. & Hawk Cove
stop sign at Bennett Dr. & Beanie Dr.
stop sign at Hawk Cove & Eagle Dr.
stop sign at Bobbie Dawn Dr.& Eagle Dr.
stop sign at Bennett Dr. & Bobbie Dawn Dr.
stop sign at Brenda & Paragould Hwy.
stop sign at Shagbark Ln. & Paragould Hwy.
Mr. Evans moved, seconded by Mr. Park for the adoption of the resolution. All voted aye. The resolution was given the number 1990:20.
Mr. Stricklin offered a resolution placing a “No Loitering” sign behind The Griddle Restaurant. Mr. Stricklin moved, seconded by Mr. Bridger for the adoption of the resolution. All voted aye. The resolution was given the number 1990:21.
Concerning a resolution regarding Drug-Testing of the Police Dept., City Attorney Pam Honeycutt recommended adoption of a resolution regarding drug-testing by adopted in its entirety and then a separate resolution regarding the Police Dept. Policy handbook be adopted, which has been rewritten incorporating the drug-testing policy into said handbook. Mr. Sanderson moved, seconded by Mr. Shelton for the resolution to be read separately. All voted aye with the exception of Mr. Hannah who voted nay. Mr. Sanderson offered the resolution read by the Clerk. Mr. Sanderson moved, seconded by Mr. Shelton to amend the resolution changing section B date of September 1, 1990 to April 16, 1990. All voted aye. Mr. Sanderson moved, seconded by Mr. Nix for the adoption of the resolution as amended. All voted aye. The resolution was given the number 1990:22.
Regarding a resolution concerning Police Dept. policy, Chief John Morgan stated statute empowers the Dept. Head to draft rules and regulations for the operations of the department, with approval of the Council. The Handbook included the drug-testing policy. Mr. Hannah moved, seconded by Mr. Shelton for the adoption of the resolution. All voted aye. The resolution was given the number 1990:23.
Under New Business, Mayor Brodell presented the opinion reached by Chancellor Rice Van
Ausdall concerning Mission Outreach which filed suit against city officials over the city’s refusal to grant the mission a building permit. He added the insurance company agreed to pay a $750.00 attorney fee to the lawyer for Mission Outreach. Alderman Hannah voiced objections and moved that the Council go on record authorizing the Mayor to send a letter to not have the insurance company to pay attorney fee for the other party. City Attorney, Pam Honeycutt recommended that the city pay the attorney fee citing the insurance company might not cover the damages if the case was appealed. Although several aldermen expressed agreement with Mr. Hannah, they stated they reluctantly felt the City Attorney’s recommendation should be accepted. The motion died due to lack of a second. Mr. Evans moved, seconded by Mr. Park to accept the City Attorney recommendation and allow the insurance carrier to pay the $750.00 attorney fee to the Plaintiff’s attorney. A roll call vote was taken and all voted aye with the exception of Mr. Hannah who voted nay.
Mr. Hinson withdrew a motion regarding placing a 6 month moratorium on annexation due to several existing islands that the Clerk noted that need to be closed.
With no further business, the meeting adjourned.