title
Minutes for the City Council meeting on March 18, 1996
body
CITY COUNCIL MINUTES, MARCH 18, 1996
The Jonesboro City Council met Monday, March 18, 1996, at 6:30 p.m. A full quorum was in attendance. Present were: Donna Jackson, City Clerk; Phillip Crego, City Attorney, and 10 council members. Those members were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole. Councilman Kelton and Councilman Perrin were unable to attend. Vice Mayor, Gary Harpole presided over the council meeting in Mayor Brodell’s absence.
The minutes of March 4, 1996, were approved as mailed by Councilman Young and seconded by Councilman Tate. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole.
The next item of business was a ruling by Council, regarding the Metropolitan Area Planning Commission’s decision to grant Dr. Jack Jones a “Special Use Permit”. The appeal decision had been postponed a total of four times. The first time was by Gary Winters and his attorney, Mr. Skip Mooney on January 15, 1996, then Council moved to postponed the appeal decision, once on February 5, 1996, and again on February 19, 1996, to allow time for negotiations between the City and Dr. Jack Jones. The last postponement was made at the request of Dr. Jack Jones, on March 4, 1996. The appeal hearing was held January 2, 1996, but no action had been taken by Council. Mr. Donn Mixon was the attorney representing Dr. Jack Jones, and Attorney Charles (Skip) M. Mooney, was representing Mr. Gary Winters in the appeal. Mr. Mixon claimed negotiations had taken place between Dr. Jones and Mayor Brodell, to relocate the trailer and to end the terms of an $80.00 per month lease. The total settlement was to be $7,500.00 plus any lease costs, however negotiations were ended by Mayor Brodell. Discussion began with Mr. Mooney, stating city ordinances had been ignored, and the rights of other land owners had been violated, when Dr. Jones was issued a permit for his mobile home. The procedure for issuing a “Special Use Permit” according to Section 14.20.04 of the Jonesboro Municipal Code is as follows:
14.20.04 Individual Manufactured Home or Mobile Home Not In Subdivision, Park or Court Special Use.
1. Special Use - The Board of Zoning Adjustment may grant a Special Use Permit, according to the provisions of Chapter 14.12 for Variances, only for an individual Class "A" manufactured home or Class "A" mobile home on a lot only in the R-2 or the R-3 zoning districts when it shall find that the owner of the manufactured home or mobile home has met the following criteria:
(A) Compatibility with surrounding development - Test to be applied by the Board as whether the Manufactured home or mobile home is significantly different than surrounding residences.
(B) Manufactured home or mobile home shall contain not less than 720 square feet of living area.
(C) The electrical, gas, water and drain connections for the Manufactured home or mobile home shall be made permanent and in accordance with other applicable City regulations.
(D) Manufactured home or mobile home shall have suitable permanent skirting installed to enclose all areas between the lower edge of the outside walls and the ground.
(E) Manufactured home or mobile home shall be placed on permanent foundations, or on footings, on piers, or on blocks in accordance with building code requirements and manufacturers recommendations, and shall be tied down with a minimum of four (4) frame ties on each side, one for every fifteen (15) feet of length, and at least two (2) over top ties, one at each end, and under the exterior covering, when possible.
(F) Manufactured home or mobile home shall maintain a minimum of twenty-four (24) inch crawl space under the entire unit, unless limited by topography or other land constraints.
(G) Manufactured home or mobile home shall have permanent steps affixed to all exits.
(H) Owner of Manufactured home or mobile home must declare as real property within (6) months of attachment to the permanent foundation.
(I) Manufactured home or mobile home shall have a roof with a pitch of not less than two (2) inch vertical rise for each twelve (12) inches of horizontal run, except for manufactured homes which are at least nine-hundred-twenty (920) square feet in size and that have been manufactured within the past eight (8) years.
(J) Manufactured home or mobile home shall not have been or be altered in violation of applicable codes.
(K) Manufactured home or mobile home shall first be inspected by the Building Inspector who will determine its class and certify it as meeting all pertinent requirements of the building, plumbing and electrical codes prior to occupancy. (Check Section 14.20.03 for Conditional Use Permit. (AMENDED BY ORD. 2275 - 5/21/90 - 390B, 390C)
(l) Any manufactured home or mobile home found by the Building Inspector to be a Class "B" manufactured home or Class "B" mobile home shall not be permitted.
(2) Transferability of Permit With Inspection. Whenever a manufactured home or mobile home, which has a Special Use Permit approved in accordance with the provision of this Section, is sold, the owner who has the Permit must request an inspection by the Building Inspector to assure that the mobile home continues to meet the standards in 1(a) - (1) above, before the Permit can be transferred with the transfer of ownership. If said mobile home does not meet any one or more of the standards in 1 (a) - (1) above, the owner must make the necessary repairs/alterations to be in compliance or the Permit will expire. Expiration of the existing Special Use Permit will require that the new owner request approval of a new Special Use permit, or the mobile home will be required to be removed.
(3) The Metropolitan Area Planning Commission may grant approval of a special use permit for an individual class "A" manufactured home or class "A" mobile home on a lot in the R-1 zoning district when it shall fine that said manufactured home or mobile home shall meet the criteria as listed in section 14.20.04 (1) of the code of ordinances of the City of Jonesboro, Arkansas.
(a) All applications for special use permits in the R-1 zoning district shall be submitted on forms provided by the Planning and Inspection Department of the City of Jonesboro.
(1) The deadline for submitting applications shall be a minimum of twenty (20)
days prior to the regularly scheduled meeting date, which is the second Tuesday
of each month.
(2) Notice of public hearing shall be published at least one (1) time, twenty (20) days prior to the hearing.
(3) The applicant must present the written consent of sixty-five percent (65%) of the neighbors or occupants living within twelve hundred feet (1,200') of the mobile home site.
(4) A twenty-five dollar ($25.00) filing fee shall be required upon submission of the application.
(b) If approval of an application shall be granted, a special use permit shall be issued at the same fee as a regular building permit.
(1) Special use permits in the R-1 zoning district shall be issued for a maximum of five (5) years, unless an extension shall be granted.
Mr. Mooney ended by stating the Council must vote to over ride the Metropolitan Area Planning Commission’s decision to grant this “Special Use Permit” if they intend to follow their own Municipal Code of Ordinances.
Mr. Donn Mixon, attorney representing Dr. Jack Jones, explained it is unconstitutional to require his client to present the written consent of sixty-five percent (65%) of the neighbors or occupants living within twelve hundred feet (1,200') of the mobile home site. Mr. Mixon stated this responsibility belongs to the appointed body of Commissioners.
Vice Mayor Harpole explained since the “Special Use Permit” had been granted to Dr. Jones, the Council must decide to either deny the appeal and support the M.A.P.C. decision to grant a “Special Use Permit”, or to approve the appeal and overturn the M.A.P.C. DECISION to grant a “Special Use Permit”. Councilman Tate moved, seconded by Councilman Roddy to approve the appeal and overturn the M.A.P.C. decision to grant a “Special Use Permit” to Dr. Jones. A roll call vote was taken, resulting in an 8 aye/1 nay/1 abstain vote. Those council members voting aye were: Vance, Wise, Evans, Province, Hannah, Rega, Tate, and Roddy. Councilman Young voted nay, and Councilman Harpole abstained from voting, noting he was related to Dr. Jones’ son-in-law. The motion carried.
Councilman Tate moved, seconded by Councilman Vance to table ITEM 4-A - Parking Ordinance, until the next council meeting scheduled for April 1, 1996. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole.
Councilman Vance 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 (David Sandborn)
Councilman Vance moved, seconded by Councilman Wise to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole. Councilman Tate moved to further suspend the rules and place on the third and final reading. The motion failed for lack of a second. The ordinance was read twice.
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 (RidgePoint Development Corp.)
Councilman Roddy moved, seconded by Councilman Evans to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole. The ordinance was read a second time.
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 (Boone & Osborn)
Councilman Roddy moved, seconded by Councilman Wise to suspend the rules and place on the second reading. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole. The ordinance was read a second time.
Councilman Vance moved, seconded by Councilman Young to table till April 1, 1996, a resolution granting a franchise for emergency ambulance services in the City of Jonesboro, Arkansas. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole.
Under new business, Councilman Young moved, seconded by Councilman Rega to allocate $253,000.00 from unallocated sales tax to cover expenditures for a special federal census. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole.
Councilman Young moved, seconded by Councilman Roddy for the endorsement of preliminary work at 2501 DuPont Drive for a mini-industrial park. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Vance, Wise, Evans, Province, Hannah, Young, Rega, Tate, Roddy, and Harpole.
With no further business the meeting was adjourned.