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Minutes for the City Council meeting on December 6, 1999
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APPEAL HEARING - 6:10 P.M. - An appeal hearing was conducted regarding denial by the Metropolitan Area Planning Commission to rezone property from Residential (R-1) to Commercial (C-3), located at 102 Ranchette Drive for Brenda Gregory. No opposition was voiced.
CITY COUNCIL MINUTES - December 6, 1999
The Jonesboro City Council met Monday, December 6, 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, Rega, Province, Copeland, Moore, Perrin and Roddy.
Councilman Tate moved, seconded by Councilman Roddy for approval of the minutes from November 15, 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, Rega, Province, Copeland, Moore, Perrin and Roddy.
Councilman Perrin presented a “Certificate of Appreciation” to Wixon Huffstetler for his success in being named the 1999 Arkansas State Golf Association Junior Player of the Year as well as being a starter for the Jonesboro High School Hurricane basketball team. Wixon received a standing ovation by the full Council and everyone in attendance.
Item C on the agenda was addressed first. The following ordinance was on the third and final reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Kent Arnold)
Councilman Young moved, seconded by Councilman Moore for the adoption of the ordinance. A roll call vote was taken resulting in an eight to four vote in favor of the motion. Those members voting aye were: Kelton, Tate, Young, Crockett, Rorex, Moore, Perrin and Roddy. Those members voting nay were: McCall, Rega, Province, and Copeland. The ordinance was assigned number 3177.
The following ordinance was on the third and final reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Rick Turman)
Attorney Scott Emerson, representing the opposition in this matter, stated there were several arguments presented by Mr. Turman that were inaccurate. Those arguments were: 1) It was argued that Mr. Turman could not build residential housing that close to the railroad track and yet, according to the MAPC minutes, that is Mr. Turman’s intent for property just west of the proposed zoning request. 2) It was stated that the property is in the flood plain area, but it is not. 3) It was argued that water would drain to the west, but Attorney Emerson explained in order for that to happen, water would have to drain over the railroad tracks, which is unlikely. 4) The proposed zoning request is contrary to the comprehensive land use plan adopted by Council. Attorney Emerson explained the comprehensive plan calls for the property to be low density residential, and all industrial use property should be located in industrial parks. Several residents spoke in opposition to the zoning request citing reasons of increased crime, drainage problems, traffic and a decrease in residential property values. Attorney Arlon Woodruff, representing Mr. and Mrs. Rick Turman, argued that it is unclear if the area is in the flood plain or not, but if so, it should not have been zoned residential. Attorney Woodruff explained if the acreage is used as residential it would cause increased traffic, over population, and heavy construction in the area creating unsafe conditions. He stated just because an area is deemed industrial use, does not mean it is less safe than residential. Attorney Woodruff stated there is already Industrial and Commercial Three zoning in the area, and the Council should look at the direction the area is headed regarding zoning classification. Councilman Tate questioned City Attorney, Phillip Crego if the Council could approve the zoning request with stipulations. Mr. Crego stated zoning matters come from the Metropolitan Area Planning Commission as recommendations, but was unsure if zoning requests could be approved with stipulations by the City Council. Attorney Woodruff questioned if the set back requirements did not address the problem already. Councilman Tate responded saying he questioned if the set back requirements were adequate for this area due to the railroad tracks. Mr. Jeff Hawkins, City Planner was asked if the area was in the flood plain. He explained the zoning is irrelevant because neither should be build in a flood plain, however he stated this particular area was not in the flood zone. Councilman Young moved, seconded by Councilman Crockett for the adoption of the ordinance. A roll call vote was taken resulting in an eight to four vote in favor of adoption. Those members voting aye were: Kelton, Tate, Young, Crockett, Rorex, Province, Perrin and Roddy. Those members voting nay were: McCall, Rega, Copeland and Moore. The ordinance was assigned number 3176.
Councilman Kelton moved, seconded by Councilman Young to table Item B - Rezoning from Residential One to Commercial Five on the Southeast side of Southwest Drive until January 3, 2000. Attorney Robin Nix requested the item be tabled. 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.
Councilman Perrin offered the following ordinance for first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Brenda Gregory)
Councilman Tate moved, seconded by Councilman McCall 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. Councilman Tate moved, seconded by Councilman Roddy 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Tate 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 number 3178.
Councilman Young offered the following ordinance for first reading:
ORDINANCE AMENDING ORDINANCE NO. 3067 AND THE JONESBORO CODE OF ORDINANCES FOR THE PURPOSE OF CREATING TWO HOUR PARKING ON THE NORTH SIDE OF JACKSON AVENUE EAST OF CHURCH STREET
Councilman Tate moved, seconded by Councilman Rega 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. Recommendations were made to honor any outstanding lease agreements. It was explained the ordinance would not go in to effect until January 2000. Mr. Jeff Hawkins, City Planner was questioned about doing a study of downtown parking. Mr. Hawkins responded by saying he had started working on the study when the downtown consultants were hired and was waiting for detailed recommendations.
The following ordinance was on third reading:
ORDINANCE TO AMEND TITLE 6 OF THE JONESBORO CODE OF ORDINANCES, PROVIDING FOR AN ANNUAL VACCINATION AGAINST RABIES OF CATS FROM THREE MONTHS OF AGE, AND DECLARING AN EMERGENCY
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 number 3179.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE AMENDING ORDINANCE NO. 3166 FOR THE PURPOSE OF AMENDING THE LEGAL DESCRIPTION (Jim Mead)
Councilman Perrin moved, seconded by Councilman Roddy to read the ordinance 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 Young moved, seconded by Councilman Perrin 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. Councilman Perrin moved, seconded by Councilman Young 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. 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 number 3180.
Councilman Perrin moved, seconded by Councilman Roddy to pull Item H - Ordinance waive bids on the purchase and installation of two five ton heating and air conditioning units. 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. Mayor Brodell recognized Mr. Larry Fugate of the Jonesboro Sun, who questioned why the ordinance was pulled from the agenda. Mayor Brodell stated a “Good Samaritan” was concerned why the ordinance had not been adopted and made a donation to bring the amount down within the guidelines ($10,000) to make it possible to be done without the bidding process. Councilman Rorex asked what the total amount for the work was, and was the City of Jonesboro spending any money for the job. Mayor Brodell responded saying the total amount did not exceed $10,000 which is allowable by the Mayor (Jonesboro Code 3.04.01). Mayor Brodell further stated the money had been appropriated in the 1999 budget. Mayor Brodell stated they had asked several people to bid on the project resulting in two not responding, three not wanting to bid on the project and three submitting bids. He stated they took the lowest bid of the three who responded. Councilman Rorex questioned if the bids were on record. Mayor Brodell stated the bids were attached to the last agenda.
Councilman Young offered the following ordinance for first reading:
ORDINANCE ADOPTING THE 2000 CITY OF JONESBORO BUDGET
Councilman Young moved, seconded by Councilman Tate 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. Dr. Richard Wang questioned the emergency for adopting this particular ordinance, and urged Council to hold the ordinance on second reading to allow the Citizens of Jonesboro time to hear the priorities of the budget. Councilman Tate moved, seconded by Councilman Young to suspend the rules and place on third and final reading. Mayor Brodell responded saying the reason for emergency and for adopting the ordinance tonight was to be able to have everything entered in the computer prior to the year 2000, due to the uncertainties of Y2K. Further Mayor Brodell stated the budget was discussed numerous times in different committee meetings. Councilman Young, Chairman of the Finance Committee, responded saying the Jonesboro Sun and KASU had both covered the budget meetings and questioned Dr. Wang why he had not mentioned his concerns several months ago. Dr. Wang stated he realized the Finance Committee had done their work to put a good budget together, but was concerned about the process for adopting the budget ordinance, in three readings, in one night. Dr. Wang stated as of 5:00 p.m. this evening a copy of the budget was unavailable. Mayor Brodell stated three weeks ago in an open meeting the process was explained to the Council in front of the media and any comments and suggestions were welcomed. Dr. Wang argued there is a difference between budget hearings verses meetings in which the budget is approved. Councilman Young requested Dr. Wang to put in writing his recommendations for future budget hearings. Councilman Kelton provided Dr. Wang with a copy of the budget. 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 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 number 3181.
Councilman Perrin 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 (Cornerstone United Methodist Church)
Councilman Crockett moved, seconded by Councilman Perrin 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. Councilman Perrin moved, seconded by Councilman Copeland to suspend the rules and place on third 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 Rega moved, seconded by Councilman Perrin 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 number 3182.
Councilman Rega moved, seconded by Councilman McCall to accept the appointment of Ms. Daisy Dixon to the Jonesboro Urban Renewal and Housing Authority with an expiration date of November 2004. 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 Kelton moved, seconded by Councilman Copeland for the adoption of a resolution approving the utilization of federal-aid monies for signalization at the Caraway Rd./Phillips Drive intersection. 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 1999:57.
Under new business, Councilman Rorex stated he was disappointed in not seeing more competitive bids taken especially when there is no emergency (Agenda Item H). Mayor Brodell stated eight people were asked to bid but only three responded. Councilman Rorex stated he did not see the bids. Councilman Tate stated they were provided with the November 15th agenda. Councilman Rorex stated they were not included in his packet, and recommended bids be taken when an emergency does not exist.
With no further business, the meeting was adjourned.