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Minutes for the City Council meeting on February 21, 2000.
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PUBLIC HEARING 6:10 P.M. - A public hearing was conducted for the purpose of abandoning a utility easement located in Block “E” of Dunwoody Huntcliff Estates. The Hearing was held as requested by Dr. D. Spanos. No opposition was voiced.
PUBLIC HEARING 6:15 P. M. - As requested by Rick Turman, an appeal hearing was held for the purpose of discussing the Metropolitan Area Planning Commission recommendation not to rezone property from Residential (R-1) to Residential (R-2), located on the south side of Rook Road, east of Stadium Boulevard. No opposition was voiced.
CITY COUNCIL MINUTES - February 21, 2000
The Jonesboro City Council met Monday, February 21, 2000 at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk Donna Jackson, City Attorney Phillip Crego and 12 council members. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Vice Mayor, Rega presided over the meeting for Mayor Brodell who was still recovering from recent heart surgery. After delivering the City of Jonesboro’s “State of the Union” address, Mayor Brodell turned the meeting over to Vice Mayor Rega.
Vice Mayor Rega led Council in the Pledge of Allegiance with the invocation given by Councilman Young.
Councilman Perrin moved, seconded by Councilman Roddy for approval of the minutes from February 7, 2000 as delivered. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy.
In accordance with Arkansas Statute ' 14-58-302, Mayor Brodell presented Jonesboro’s “State of the Union” address, expressing his appreciation to each department head and to his assistant, Mr. Larry Johnson for their support during his recovery. The following reports were presented by Mayor Brodell:
FIRE DEPARTMENT
No deaths due to fire in 1999, Hired seven (7) new firemen, Purchase of an arson dog, 1,715 fire runs, Financial loss decreased because of increased training and safety equipment. 9,159 training hours an increase of 3,913 from 1998. Fire Prevention Community Awareness Education went to Daycare Centers, Provided fire extinguisher training, Conducted Fire Station visits for school aged children.
ANIMAL CONTROL
Responded to 5,365 complaints, Recovered 1,574 animals from traps (1,214 Dogs, 218 racoons, 38 birds, 4 pot-belly pigs, 40 possums, 10 snakes) Out of the recovered animals only 254 were reclaimed by the owners, 27 were adopted. Buried 2,664 animals for the Humane Society. Picked up 996 dead animals. Issued 126 warning tickets and 58 citations. 17 vicious animals that were apprehended or put to sleep due to being a hazzard to the community.
MATA & STREET DEPARTMENTS
Completed 36 miles of black top roads with approximately eight miles under contract on E. Nettleton Avenue. 3M dollars was set aside for the Street Department to help with the other 250 streets that was not in the original MATA plan. Replaced two wooden bridges with concrete structures on North Kathleen, and Pacific Road. Built three fishing peers in Craighead Forest. He thanked Judge Dale Haas for his help with the bridges and peers. Hauled 25,000 tons of rock to the Joe Mac Campbell Park with the help of Craighead County. Hopeful that the black top and roads will be ready in five to six weeks. Paved 32.59 miles of gravel roads with nine additional miles 75% completed. In addition to the MATA projects the Street Department handled 217 additional work orders.
POLICE DEPARTMENT
Street accidents down 12.4%, Private Property accidents were up 11%, Traffic Citations were up 53%, DWI arrests 389 slightly up from 1998, Misdemeanor arrests 7379 to 8158, Felony arrests from1057 in 1998 to 1062in 1999, Public Intoxication from 116 to 162, Calls for service 35,276 , Alarms 4075, Accident Arrests 1570, Warning Citations 8,274, Drove 658,286 miles during 1999. Homicide is down from 2 in 1998 to 1 in 1999. Rape cases were up from 15 in 1998 to 27 in 1999. Robbery is down from 53 in 1998 to 40 in 1999. With regard to theft of property more stolen property is being recovered than in previous years.
PARKS DEPARTMENT
During 1999 approximately 20,000 people visited Jonesboro Parks. The Joe Mac Campbell Park will have its facilities available for the Soccer Association sometime in April.
In closing, Mayor Brodell commended all department heads for keeping operating expenses down, noting that only 90.3% of the allotted operating expenses was spent in 1999. This figure did not include Capital Improvements nor MATA. Mayor Brodell explained that Two Million was set aside in Capital Improvements for the new fire station which will be completed in August of 2000.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AS FOR OTHER PURPOSES (Jimmy Gray)
Councilman Tate moved, seconded by Councilman Moore for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye with the exception of Councilman Kelton who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3196.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AS FOR OTHER PURPOSES (Stan Burgess)
Councilman Tate moved, seconded by Councilman Copeland for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye with the exception of Councilman Kelton who abstained from voting. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3197.
Councilman Copeland offered the following ordinance for first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AS FOR OTHER PURPOSES (Cooper and Roberts)
Councilman Young moved, seconded by Councilman Perrin to suspend the rules and place on second reading. Councilman Kelton requested the ordinance be held at second reading to allow time to further study the project. A voice vote was taken resulting in the majority voting against the motion. The second reading was held till the next meeting.
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 AS FOR OTHER PURPOSES (Brown Lacy and W. B. Lacy)
Councilman Tate moved, seconded by Councilman Roddy to suspend the rules for second reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Tate moved, seconded by Councilman Young to further suspend the rules and place on third reading and final reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3198.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AS FOR OTHER PURPOSES (Jerry Mariott)
Councilman Perrin moved, seconded by Councilman Moore 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, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was read a second time.
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 AS FOR OTHER PURPOSES (Doyle Yarbrough)
Councilman Young moved, seconded by Councilman Crockett to suspend the rules for second reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Young moved, seconded by Councilman Perrin to further suspend the rules and place on third reading and final reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Young moved, seconded by Councilman Crockett for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3199.
Councilman Perrin offered the following ordinance for first reading;
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AS FOR OTHER PURPOSES (Rick Turman)
Councilman Perrin moved, seconded by Councilman Roddy to suspend the rules for second reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Roddy moved, seconded by Councilman Young to further suspend the rules and place on third reading and final reading. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3200.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO VACATE A UTILITY EASEMENT LOCATED IN BLOCK “E” OF DUNWOODY HUNTCLIFF ESTATES (Dr. Spanos)
Councilman Tate moved, seconded by Councilman Young to suspend the rules for second reading by title only. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Tate moved, seconded by Councilman Perrin to further suspend the rules and place on third reading and final reading by title only. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Tate moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3201.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AS FOR OTHER PURPOSES (Paul Koros)
On February 7, 2000 this matter was tabled by the Jonesboro City Council until March 6, 2000, therefore Vice Mayor Rega requested a motion to remove the tabling. Councilman Crockett moved, seconded by Councilman Young to remove the tabling of the ordinance.
A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Letters were provided by Dr. Charlott Jones and Mr. Paul Koros both in support of the rezoning. Mr. Koros explained in his letter that he had sold the property in question to PhilRob Investments. Councilman Perrin 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, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3202.
The following bid was reviewed: 2000:07 - Roll-Off Truck - Sanitation Department
Councilman Crockett moved, seconded by Councilman Perrin to accept the low bid of Downing for $79,952.00 with a 2 year unlimited warranty on interior parts. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
Councilman Tate moved, seconded by Councilman Crockett for the adoption of a traffic resolution to amend the speed limit on Neely Road from 35 M.P.H. to 40 M.P.H. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The resolution was assigned resolution number 2000:10.
Councilman Tate moved, seconded by Councilman Young for the adoption of a resolution expressing Jonesboro’s willingness to utilize Federal-Aid enhancement money for Main Street Project. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The resolution was assigned resolution number 2000:11.
Councilman Young offered the following ordinance for the first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF A RE-MANUFACTURED MOTOR FOR THE SANITATION DEPARTMENT
Councilman Crockett moved, seconded by Councilman McCall to suspend the rules for second reading by title only. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Crockett moved, seconded by Councilman McCall to further suspend the rules and place on third reading and final reading by title only. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. Councilman Copeland moved, seconded by Councilman Roddy for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy. The ordinance was assigned ordinance number 3203.
Mr. Bill Ebbert addressed Council regarding their knowledge of Planning, Budget & Preparation of city real estate at 231 South Main and to request a committee be appointed to investigate the project and report to the full Council. Councilman Roddy moved, to limit debate to five minutes, however the motion failed due to a lack of a second. Mr. Ebbert began by explaining he had made a Freedom of Information request to the Inspection Office and to the Mayor’s Office regarding the Kaffka property. He stated the Mayor’s Office referred him to the Inspection Office and the Inspection Office said the Mayor, his assistant, and a lawyer for Mr. Kaffka had negotiated a settlement. Mr. Ebbert explained he still had not been provided the information he had requested, and stated there was a double standard when it comes to building permits, inspections, and the city codes. He based this opinion on the fact that inspections had not been done on the Kaffka property, and questioned how one could negociate a settlement that allows for exceptions on inspections and following the code. Mr. Ebbert said he had a letter from Mr. Brian Wadley stating no inspections have been done on the Kaffka property to date. Referring to the property on 213 S. Main Street Mr. Ebbert stated no information is being provided regarding the original plumbing. Mr. Ebbert explained that Mr. McHalfy, had been commissioned to do the plumbing at 213 S. Main, but when he saw the defective work that was done he call Mr. Lowell Gregg, Jonesboro Plumbing Inspector who required the original plumbing be removed and completely redone. Mr. Ebbert questioned why no citations were issued on the original plumbing job. He stated he was personally issued eight citations for plumbing work done on his property, which a judge later revoked. Mr. Ebbert stated it is a double standard when no citations are issued and there is no accountability for work done. Mr. Ebbert stated that someone had told him that the City of Jonesboro had been exonerated on charges filed with the State Architect Board for work done on city property. He stated the State Architect Board did not exonerate the City of Jonesboro but found them guilty of not using an architect. Mr. Ebbert argued that the City of Jonesboro is not planning properly when they spend a $70,000.00 for a building that is only used two weeks out of the year. Mr. Ebbert continued saying the Fire Marshall, has not inspected the property making sure it meets the fire codes, and the occupancy number was not provided until the building was completed. He explained the purpose of the occupancy number, according to the State of Arkansas, is to determine the number of emergency exits and other vital factors when considering the construction of a building. Mr. Ebbert stated the Council needs to decide if the citizens of Jonesboro, along with plumbers, electricians, and contractors are going to be required to follow one set of standards while the City of Jonesboro ignores those same standards. Mr. Ebbert recommended the Budget Committee form a committee to determine where the money came from for the project. He stated the tax payers have a big investment in the property, and because there were no citations issued for the plumbing violations, it was tax payers money that was wasted. He stated someone should be held accountable for the wasted funds. Discussion followed with Councilman Moore questioning if a building permit was ever issued to Mr. Kaffka. Mr. Brian Wadley, of the Inspection Department stated there had not been. Mr. Ebbert argued his mother was required to tear out an 11 inch deep footing for an overhang to her patio, while the 30 foot wall on the Kaffka property only received a visual inspection after the concrete was poured. Councilman Rorex questioned Mr. Wadley if inspections were ever done on the W. Nettleton Kaffka property, since no permit was issued. Mr. Wadley stated no inspections had been done. Councilman Rorex questioned Mr. Wadley if any permits or inspections were done on the Main Street property. Mr. Wadley stated there were inspections done on the Main Street property around August or September. Councilman Rorex questioned if permits and inspections were done on the Union Street property. Mr. Wadley confirmed that permits and inspections were provided for the Union Street property. Councilman Tate stated he had inquired about the Kaffka property because it was taking so long and he did not want to get in to another Madison Street dilemma. Councilman Tate explained the agreement called for the Kaffka structure to be torn down completely and to do so in a workman like manner. However, he explained the agreement did not address requirements for building permits and inspections. Mr. Ebbert responded saying it was a double standard when one can be allowed to waive building permit and inspection requirements while others cannot. Councilman Tate implicated that Mr. Ebbert had ulterior motives because he had been issued citations on his personal building projects. Mr. Ebbert denied Councilman Tates’ accusation saying the courts exonerated him on all 8 citations, and the reason he became involved was because the city recommended condemnation for one of his properties without bothering to inspect it first. He stated the Inspection Department wanted to inspect his property after they had recommended it for condemnation. Councilman Crockett questioned who has the authority to waive permit requirements. City Attorney, Phillip Crego responded saying there was no discussion about a permit or inspections regarding the Kaffka agreement, Attorney Crego, further stated there were no discussions to allow the building to remain rather than be torn down, and clarified that the court ordered the building to come down. Councilman Crockett questioned if the court ruling could over ride a city ordinance. Attorney Crego indicated it could for the permit but not for inspections. Several council members agreed that inspections should have been done on the Kaffka property. Councilman Tate moved, seconded by Councilman Moore to instruct the Inspection Department to send a letter to Mr. Kaffka informing him that further construction on the project will require inspections to be done. Vice Mayor Rega questioned City Attorney Crego if that motion was in order. Attorney Crego responded saying there is nothing in the settlement agreement that would prevent the motion. Councilman Rorex questioned if Mr. Kaffka had to follow the same setbacks as everyone else. Attorney Crego answered saying no that was part of the settlement. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin, and Roddy.
After the vote was taken Mr. Ebbert questioned if any citations were going to be issued for plumbing without a license. Councilman Kelton responded saying the Council does not normally involve itself with the everyday operations of the city, because that is the responsibility of the department-heads and the mayor. Mr. Ebbert responded saying he would not have involved the Council if he had gotten straight answers from the Mayor’s Office and Inspection Department. Councilman Kelton explained the Council cannot go back and change the past, and even though he is not admitting anybody did anything wrong, he was assured by Mayor Brodell that from here on out the departments will be instructed to do everything by the book.
With no further business, the meeting was adjourned.