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Minutes for the City Council meeting on June 15, 1998
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PUBLIC HEARING - 5:30 P.M. - A public hearing was held as requested by Mr. Kent Gibson for the purpose of vacating all alleys in Block B in the Earl Kiech Second Addition. No opposition was voiced at the hearing.
APPEAL HEARING - 5:45 P.M. - An appeal hearing was held regarding the Metropolitan Area Planning Commission’s (MAPC) decision to approve Mr. Kenny Findley’s request for approval of subdivision plans for Forest Run Addition and Replat of Lot 1A of the First Replat of Findley’s Pinehill Addition. Attorney Glenn Lovett, Jr. represented Mr. and Mrs. Byron Glanton and several other local residents who were in opposition to the new subdivision plans. Mr. Findley was represented by his attorney, Mr. Skip Mooney, Sr. first to address Council was Attorney, Glenn Lovett who referred to a packet containing a list of concerns, a petition with 29 signatures of residents opposed to Mr. Findley’s proposal, a copy of the Mardis Subdivision bill of assurance, plats and pictures of the area in question. Mr. Lovett stated the bill of assurance should be the deciding factor for Council when determining the proposed development. He cited a similar case through the Arkansas Court of Appeals, in which construction of a street across a lot in a subdivision and connecting to property or streets outside the subdivision was a violation of the bill of assurance. Mr. Lovett stated he realized Council was not the one to enforce a bill of assurance, but if the MAPC decision was overturned it would prevent his clients from having to file an expensive law suit. Mayor Brodell opened the floor to Council for questions. Councilman Kelton questioned when Mr. Findley first purchased the property. Mr. Findley stated his home was purchased two years ago, and the property that is being developed was purchased earlier this year. Councilman Crockett asked for clarification regarding the closing of the existing road with the only access being provided by the new proposed road. Mr. Findley stated that was correct. Mr. Glanton reviewed eight different photographs of his property located at 4111 Renee in connection with the proposed street. Mr. Glanton explained in photo number four there was a sewer easement manhole which was 31 feet off location, and in photo number eight he showed a steep incline on the proposed street and expressed concern over drainage into his yard. Mr. Lovett reviewed stipulations by the MAPC, referring to a privacy fence, however it was explained the fence would have to be built on the slope. Mr. Glanton explained with the additional four foot of fill his property would be encroached on by two feet. A second stipulation was to extend the culvert in front of Mr. Glanton’s home, however Mr. Glanton stated he did not want an open culvert or a ditch in his front yard. The last stipulation by the MAPC was for Mr. Finley to work out these problems with the neighbors. Mr. Glanton stated he had not been approached by Mr. Finley since March, and at that time Mr. Glanton requested the drainage be covered past his property, and to move the road because it was too close to his property. Mr. Glanton stated that Mr. Finley approached him a few days later and said the problems had been worked out, that he was going to install a retention pond. Mr. Glanton listed his concerns stating, the water runoff on his property, problems created by the embankment, danger to his children, engineering plats disregarding his property, encroachment, and easements off location, large open culverts, and the road too close to his house (35 feet). In closing Mr. Glanton proposed a different development plan that would allow for more lots, and maintain access to Craighead Forest Road without coming across Lot 1 of Mardis Cove. Mr. Mooney, Sr. stated the petition filed in opposition to his client’s subdivision was filed by a person not living in the Mardis Addition. It was explained that the bill of assurance had been repeatedly violated and even though the Supreme Court would not uphold a bill of assurance that had been ignored, it was not up to Council to make that determination. Mr. Mooney explained the appeal process and reminded Council they appointed members to the MAPC and should uphold their decision. Mr. Mooney stated the stipulations placed on the development would be upheld by the Inspection Department staff before a building permit would be allowed. Mr. Finely provided Council with a packet containing a petition with approximately 32 signatures of residents in favor of the development, and plats showing lot size, other streets in the area, and a drawing of the retention pond. Mr. Finely contended that he must go through Lots 2 and 3 of the Mardis Addition to enter his property, and he was not in violation of the bill of assurance. Mr. Finely stated the bill of assurance declares that a majority of the property owners can amend the bill of assurance, and a majority of the property owners were in agreement with the development. Mr. Robert Hendrix, an engineer for Haywood, Kenward, and Bare Associates explained the development would improve Mr. Glanton’s erosion problem by designing a detention pond. He explained the detention pond would decrease the velocity of the water discharged, greatly improving the erosion problems. Mr. Hendrix explained “Cove” designs are subject to specific city regulations with regard to the length of the street. Councilman Kelton questioned why the proposed road was being placed so close to Mr. Glanton’s property and was told that 50 ft. was standard and it was the only location without sacrificing an additional lot. Councilman Pratt questioned Mr. Finley as to whether or not he had been before the Board of Zoning Adjustment (BZA). Mr. Finley stated he had not. Mr. Hendrix stated they had consulted City Engineer, Claude Martin who approved the detention pond and its location. In conclusion, Mr. Charles Katz of 4112 Renee Drive stated that the bull dozing of Mr. Finley’s lot should not have begun until after the 30 day limit to file an appeal had been completed. He stated the removing of the trees and the cutting of the road is a detriment to his property. He stated by cutting a road through Mr. Finley’s lot and reducing the lot to less than an acre was a violation of the bill of assurance. Mr. Finley rebutted by saying he did not bulldoze the road through his lot until after the appeal was filed, and he owned the trees which were cut down.
CITY COUNCIL MINUTES - June 15, 1998
The Jonesboro City Council met Monday, June 15, 1998, at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk, Donna K. Jackson, City Attorney, Phillip Crego and 11 council members. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Tate was unable to attend. Councilman Kelton presided over the meeting in the absence of Mayor Brodell who was away due to a meeting with Governor Huckabee.
The minutes for June 1, 1998, were approved as delivered, by Councilman Roddy seconded by Councilman Crockett. A voice vote was taken resulting in all council members voting aye. Those members voting aye were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
The first order of business was a decision by Council regarding the Appeal Hearing of Mr. Glanton and his Attorney, Glenn Lovett, Jr. Councilman Young moved, seconded by Councilman Crockett to limit debate to five minutes for each side. A voice vote was taken resulting in all members voting aye with the exception of Councilman Davis. Those members voting aye were: Kelton, Rorex, Province, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Attorney Lovett corrected a statement made earlier by Mr. Finley stating the creation of the cul-de-sac at Renee Cove did not connect the inner streets of Mardis Third Subdivision with any property in any other subdivision. Mr. Finley had used this as a comparison to his development. Mr. Lovett denied that there have been repeated long term variations from the bill of assurance. Comments were taken from local residents contesting to the poor drainage and infringement of other property owners caused by the development. Mr. Mooney stated his client had followed the rules as laid out by the Council and the MAPC and was not infringing on any one else’ property. Mr. Finley clarified his statements regarding Renee Cove, by explaining that when Renee Cove was developed the bill of assurance was violated when one lot was divided into two lots. Mr. Finley stated several residents living near both entrances of Mardis Addition signed his petition and were not concerned about traffic. Councilman Young moved, seconded by Councilman Roddy to uphold the Planning Commission’s decision to approve Mr. Finley’s request for approval the subdivision. A roll call vote was taken resulting in a seven (7) to four (4) vote in favor of the motion. Those members voting aye were: Kelton, Crockett, Rega, Young, Fletcher, Bowers, and Roddy. Those members voting nay were: Rorex, Province, Davis and Pratt. The motion carried.
The following ordinance was on the third and final reading:
ORDINANCE TO AMEND THE JONESBORO CODE OF ORDINANCES, CHAPTER 9.08 KNOWN AS, EXCAVATIONS AND ALTERATIONS
Councilman Bowers moved, seconded by Councilman Rega for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 3054.
Councilman Rorex offered the following ordinance for the first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Skip Macon)
Councilman Bowers moved, seconded by Councilman Young to suspend the rules and place on second reading. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. No further action was taken by Council regarding this ordinance.
Councilman Province offered the following ordinance for the first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (J. D. Crocker)
Vice Mayor Kelton stated each council member had been provided a letter from Mr. Donn Mixon, Attorney for the Jonesboro School District, requesting the matter be rejected or delayed until the next council meeting. The floor was open for comment from several who would not be able to attend the July 6, 1998, meeting. Dr. Bill Beasley, Superintendent of Schools, of the Jonesboro School District stated he represented the School Board and concerned residents. He stated the Jonesboro School District has always supported residential zoning around public schools, and reminded Council that thirty five years ago the School Board purchased land with the understanding it would be residential. Lastly, Dr. Beasley stated there was concern for security, should the property be zoned commercial, because the school would be surrounded by commercial on both the south and east sides. Next to address Council was Mr. Bill Stroud who stated he was involved with the Comprehensive Land Use Plan which shows the area to be residential. He stated it would be wrong to allow an encroachment of commercial zoning. Third to address Council was Mr. Aubrey Scott. Mr. Scott stated he was concerned that so much time and effort by volunteers was being ignored. He stated either we want to have a Land Use Plan or we do not. Mr. Scott encouraged Council to use the Land Use Plan and to insist the MAPC use it. He stated the Plan was designed to assist the City of Jonesboro in a proper growth pattern that benefitted all citizens and if followed would eliminate argument when considering future zoning matters. No further action was taken by Council regarding this ordinance.
Councilman Bowers offered the following ordinance for the first reading:
ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (John Best)
Councilman Young moved, seconded by Councilman Davis to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye, with the exception of Councilman Province who voted nay. Those members voting aye were: Kelton, Rorex, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Young moved, seconded by Councilman Davis 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 were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, 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 were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 3057A.
Councilman Young offered the following ordinance for first reading:
ORDINANCE TO VACATE ALL ALLEYS LOCATED IN BLOCK B OF EARL KEICH SECOND ADDITION (Kent Gibson)
Councilman Young moved, seconded by Councilman Crockett to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. No further action was taken regarding this ordinance.
Councilman Bowers moved, seconded by Councilman Roddy for the adoption of a resolution to proceed with condemnation action against 510 Kitchen Street owned by Lloyd Brunson, and at 1006 Hope Street, owned by Debra Taylor. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was assigned number 1998:36.
Councilman Young moved, seconded by Councilman Pratt for the adoption of a resolution to extend the Comprehensive Housing Plan for one year for the purpose of utilizing Federal Gant Housing Funds. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was assigned number 1998:37.
Councilman Bowers moved, seconded by Councilman Pratt for the adoption of a resolution setting a fee for disposal of construction waste in the Class IV landfill. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The resolution was assigned number 1998:38.
Councilman Young moved, seconded by Councilman Crockett to appropriate an additional $5,394.27 from unappropriated sales tax to Craighead County Clerk, Jane Todd for election cost of the Hamburger Tax. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy.
Under new business, Vice Mayor Kelton announced the Grand Opening of Frito Lay and invited Council to attend. Mr. Kelton reported that the Census Bureau would be providing information which would be used to evaluate ward boundaries.
Councilman Rega offered the following ordinance for the first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF USED MOTOROLA RADIOS FOR THE POLICE AND FIRE DEPARTMENTS
Councilman Bowers moved, seconded by Councilman Pratt to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Rega moved, seconded by Councilman Pratt 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 were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Bowers moved, seconded by Councilman Fletcher for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 3055.
Councilman Roddy offered the following ordinance for the first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF USED MOBILE OFFICE FOR THE POLICE DEPARTMENT COPPS PROGRAM
Councilman Young moved, seconded by Councilman Pratt to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Bowers moved, seconded by Councilman Pratt 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 were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. Councilman Roddy moved, seconded by Councilman Pratt for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Rorex, Province, Davis, Crockett, Rega, Pratt, Young, Fletcher, Bowers, and Roddy. The ordinance was assigned number 3056.
Mr. Brian Wadley of the Inspection Department gave a brief report on the Land Development Code and on the increase in building permits granted in 1998.
With no further business, the meeting was adjourned.