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Minutes from the City Council meeting on May 7, 1990.
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CITY COUNCIL MINUTES - MAY 7, 1990
The Jonesboro City Council met in regular session at 7:30 p.m. Present were the Mayor, City Clerk, City Attorney and all Aldermen.
The Minutes of April 16, 1990, were approved as mailed on motion by Mr. Stricklin seconded by Mr. Park. All voted aye.
Mr. Stricklin offered the following ordinance for first reading:
AN ORDINANCE TO AMEND #1346 REGULATING THE USE OF PUBLIC SEWERS AND DRAINS AND THE DISCHARGE OF WATERS AND WASTES IN THE PUBLIC SEWER SYSTEM
Mr. Stricklin moved, seconded by Mr. Mays to suspend the rules and place the ordinance on second reading. All voted aye. Mr. Stricklin moved, seconded by Dr. Strauser to further suspend the rules and place the ordinance on third reading. All voted aye. Mr. Stricklin moved, seconded by Mr. Sanderson for the adoption of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2264.
The following ordinance was on third reading:
AN ORDINANCE TO AMEND #2228 BY SPECIFICALLY ADDINGTHE EARTHQUAKE LOAD REQUIREMENTS OF THE SOUTHERN BUILDING CODE TO THE CITY’S BUILDING CODE
The Mayor stated this ordinance would replace the earthquake provision deleted 10/16/89 and that it would not be applicable to existing structures but only to new construction. Mr. Sanderson moved, seconded by Mr. Evans for the adoption of the ordinance with the emergency clause. A roll call vote was taken and all voted aye. The ordinance was given the number 2265.
Mr. Nix offered the following ordinance for first reading: (Rez / R -1, to C -3, Parker Rd. W. Fowler)
AN ORDINANCE TO AMEND # 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR THE CHANGE IN ZONING BOUNDARIES AND FOR PURPOSES
Mr. Shelton moved, seconded by Mr. Nix to suspend the rules and place on second reading.
All voted aye:
The following ordinance was on third reading: (Annexation Hwy 49N, Bridger)
AN ORDINANCE ACCEPTING CERTAIN LANDS ANNEXED TO THE CITY OF JONESBORO, ARKANSAS, BY ORDER OF THE COUNTY COURT OF CRAIGHEAD COUNTY, ARKANSAS; ASSIGNING SAID ANNEXED TERRITORY TO WARD 6' DECLARING THE ZONING FOR THE ANNEXED TRACT: DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES
Mr. Mays moved, seconded by Mr. Hinson for the adopting of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2266.
The following ordinance was on second reading: (Annexation, Hwy 18, Hoke)
AN ORDINANCE ACCEPTING CERTAIN LANDS ANNEXED TO THE CITY OF JONESBORO, ARKANSAS, BY ORDER OF THE COUNTY COURT OF CRAIGHEAD COUNTY, ARKANSAS; ASSIGNING SAID ANNEXED TERRITORY TO WARD 6' DECLARING THE ZONING FOR THE ANNEXED TRACT: DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES
Mr. Evans moved, seconded by Dr. Strauser to suspend the rules and place the ordinance on third reading. All voted aye. Mr. Evans moved, seconded by Mr. Shelton for the adoption of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2267.
Mr. Park offered a resolution authorizing a cooperation agreement between the City and Craighead allowing the Housing Authority to administer the Section 8 Existing Housing Program. Mr. Sanderson moved, seconded by Mr. Shelton for the adoption of the resolution. All voted aye. The resolution was given the number 1990:25.
The following ordinance was on second reading: (Rez / R -1 to C -3, SW corner of Race & Caraway)
AN ORDINANCE TO AMEND #954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR THE CHANGE IN ZONING BOUNDARIES AND FOR OTHER PURPOSES
Mr. Mays moved, seconded by Mr. Nix to amend Section & 1, # 1 and # 2 to read: (1) Owner shall dedicate an additional 20 feet of the utility easement which will make 40 feet of right of way from the center line of Caraway Road and a 20 foot easement to make a total of 41 feet of right of way and utility easement from the center line of Race Street. All voted aye. Mr. Hannah moved, seconded by Mr. Hinson to suspend the rules and place the ordinance on third reading as amended. All voted. Mr. Hinson moved, seconded by Mr. Sanderson for the adoption of the ordinance with the emergency clause as amended. All voted aye. The ordinance was given the number 2268.
Mr. Shelton offered the following ordinance for first reading:
AN ORDINANCE TO AMEND 2.08.02 TO ESTABLISH NEW WARD BOUNDARIES WITHIN THE CITY
Mr. Evans moved, seconded by Mr. Shelton to suspend the rules and place on second reading. All voted aye. Mr. Evans moved, seconded by Mr. Shelton to suspend the rules and place the ordinance on third reading. All voted aye. Mr. Park moved, seconded by Mr. Sanderson for the adoption of the ordinance with the emergency clause. All voted aye. The ordinance was given the number 2269.
The following bids were up for review:
90:25 - chemicals - mosquito - pulled from consideration until next meeting
90:26 - hydraulic truck excavator - Street - Mr. Bridger moved, seconded by Mr. Mays to accept the low bid #1 from Barton, The street committee recommended accepting the bid within $3000 of low bid because of the local service, and their guaranteed written by-back agreement not provided by the low bidder and the 5 year warranty. All voted aye.
90:27 - skid steer loader and planer - Street - Mr. Bridger moved, seconded by Dr. Strauser to accept the low bid meeting specifications from Rushing and Mason. All voted aye.
Discussion following regarding a requested Public Hearing for ICF/MR (Intermediate Care Facilities for Mental Retarded) bond issue on May 21, 1990 at 7:15 p.m. Mr. Mays stated no information concerning the principle bond holder had been received. The Mayor stated the attorney representing the matter, Jane Dickey of Little Rock, Rose Law Firm would be in Newport, Ar. at 5:00 p.m. to hold a Public Hearing regarding same for a facility in their municipality. Dr. Strauser moved, seconded by Mr. Evans to set the Public Hearing at 7:00 p.m. on May 21, 1990 since it was the concensus that 15 minutes would not be a sufficient amount of time for discussion concerning the proposal. All voted aye.
Mr. Hannah offered a resolution approving a successor trustee under a certain trust indenture securing industrial development revenue bonds allowing Arkansas Bank - paying agent resignation for the Delta Project and appoint a temporary trustee, Worthen Bank and Trust. Mr. Sanderson moved, seconded by Mr. Evans for the adoption of the resolution. All voted aye. The resolution was given the number 1990:24.
Mr. Hannah offered a resolution regarding traffic control devices as follows:
(a) stop sign at South Hill Rd. and Wood
(b) stop sign at Christian Valley Rd. and Valley View Rd.
Mr. Hannah moved, seconded by Mr. Park to approve the resolution. All voted aye. The resolution was given the number 1990:26.
Mr. Evans moved, seconded by Mr. Nix to allow the placement of a “hardship” mobile home by Nina Shoup, Rt. 7, Box 190. All voted aye.
Mr. Province offered a resolution condemnation of property burned structures located at 110 W. Forrest and Lutterloh. Mr. Province moved for the adoption of the resolution subject to legal description specifically identifying the location of said property on Lutterloh, seconded by Mr. Park. All voted aye. The resolution was given the number 1990:27. (The property was identified as 304 Lutterloh by the Code Enforcement Officer subsequent to the meeting).
Under new business the Mayor quoted from an article that appeared in the Arkansas Gazette April 22, 1990 regarding a publication entitled The Rating Guide to Life In American Small Cities authored by G. Scott Thomas that lists Jonesboro as the #103 most preferred micropolitan city in the United States and rated it first in Arkansas, an honor that the city deserves
The MAPC will hold a Public Hearing regarding the Non-Conforming Ordinance on May 8.1990 and urged Aldermen to attend.
The Mayor announced he will appoint a committee to research updating the present City of Jonesboro inverted “J” seal.
Under new business by Council, Mr. Hannah, Chairman of the Police Committee commended achievement attained by the following nine graduates of the Police Academy: Kevin Howell, Class Leader; Cooper Taylor, #1 ranking in class; Brett Chaffin, #3 ranking in class; and #4, #5, and #6 rankings were held by the Jonesboro Police Department. Out of the top 6, Jonesboro held the top 5, with a total of 55 attending the academy statewide. Mr. Hannah congratulated Chief Morgan on the high quality of individuals hired to enforce the laws of the city.
Mr. Hannah presented information to the Council under New Business by Council regarding the current municipal policy concerning military leave for active summer duty whereby it has been the policy in the past to pay those individuals on military leave total pay during the time they are away at summer camp. He stated he felt it was wrong the taxpayers to allow employees to receive full military pay, city pay and vacation pay. He recommended and cited the policy regarding same in the city of Fayetteville, Ar. whereby they make up the difference in the two amounts of salary. City Attorney Pam Honeycutt cited A.C.A. 24-4212 which stated no loss of pay shall be incurred and vacation time will be granted in addition to military leave. She stated she had checked with the Legal Research Association and added researching the matter would take some 10 hours and due to the research requests numbering 30-40 that she was currently working, she did not have sufficient time to properly research the issue until September or October and she could not in good conscience recommend the policy change. She also said the city could be opening themselves up to a number of lawsuits if the policy is revised. She added the law cites “state employees” but it is her opinion that this also refers to “municipal employees”. She recommended the city hire an attorney to research the matter.
Mayor Brodell stated since the city is not a participant in the legal service division of the Arkansas Municipal League, they could not be requested to perform the research. Following discussion, Mr. Stricklin moved, seconded by Mr. Bridger to authorize the Mayor if he wants to appoint an attorney to perform legal research on the current policy handbook regarding military leave. A roll call vote was taken and voting in the affirmative were Aldermen Hannah, Stricklin, Evans, Bridger, Shelton, Province, and Mays voted aye. Voting nay were Aldermen Park, Sanderson, Strauser, Hinson and Nix. The motion passed 7-5.
Mr. Mays, Chairman of Cemetery Committee stated mayor vandalism had occurred in the city cemetery and requested family and friends of the deceased be contacted concerning same.
Mr. Nix recommended considering the hiring of additional personnel to assist the City Attorney and the Inspection Department.
Dr. Strauser asked that an alley located behind the Ramada Inn be reviewed. Mr. Bridger stated it is under review.
With no further business the meeting adjourned