title
Minutes for the City Council meeting on January 3, 2006
body
CITY COUNCIL MINUTES - January 3, 2006
PUBLIC HEARING - 6:20 P.M. - A public hearing was conducted for the abandonment of a 20 foot and 15 foot utility easement located at Matthew Medical Park as requested by Mr. J. Matt Parker. No opposition was voiced.
CITY COUNCIL MINUTES - January 3, 2006
The Jonesboro City Council met Tuesday, January 3, 2006, at 6:30 p.m. Members present were: Mayor Doug Formon, City Clerk, Donna K. Jackson, City Attorney Crego and twelve council members. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Perrin moved, seconded by Councilman Moore for the adoption of the City Council minutes from December 19, 2005, as provided. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Mr. Larry Flowers provided a financial report stating the revenue side of Operations and Maintenance was at 94% as of November, and the fixed assets fund for 2005 has either been paid or on order. Councilman Farmer asked for clarification regarding how a city sales tax projection of 2.1 million dollars was raised to 2.8 million dollars. Councilman Farmer stated an article in the Jonesboro Sun dated December 30, 2005, read as if it was at the request of the Finance Committee. Mr. Flowers stated he and Mayor Formon had reviewed actual collections for 2005 after submitting his 2006 proposed budget and discovered collections were ½ million dollars higher than in 2004 and determined the figures needed to be adjusted.
The following ordinance was on the second reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 TO C-3, LOCATED ON THE EAST SIDE OF HIGHWAY 141, SOUTH OF PHILADELPHIA ROAD (Richard & Patsy Foster)
Councilman Moore moved, seconded by Councilman Street to waive the third reading for discussion purposes. A voice vote was taken resulting in all members voting aye with the exception of Councilman McCall who abstained from voting. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, and Ashley. Attorney Skip Mooney, representing the Fosters, stated they wanted to operate an implement (equipment) business on the property. Mr. Mooney stated the property has drainage problems and would never be used for residential property, even though it was zoned residential when annexed in to the city. He explained at the time of annexation, people were promised that they would receive help from the city to rezone their property to the proper classification. Attorney Mooney stated all residential homes sit back away from this property which would not be an interference, nor endanger anyone else’s property. Mr. Mooney stated there had been a previous commercial zoning in the area so the highest and best use for the property would be commercial. Mr. Foster stated the MAPC had denied his request citing spot zoning as the reason, however, Mr. Foster contended they had previously zoned his brother’s land just to the north, commercial. Mr. Randy Ishmael addressed members of the city council stating even though he was an attorney, he was there as a resident of the Philadelphia community speaking in opposition to the zoning request. Mr. Ishmael introduced other residents from the Philadelphia area. Paul Sherman contended the reason the land to the east is still vacant is because it belongs to Mr. Foster, and the reason no one had offered to purchase the land is because Mr. Foster had never put the land up for sale. He also stated there was opposition when Mr. Foster’s bother rezoned his property even though it was approved. Mr. Joseph Clark spoke in opposition questioning enforcement of the site development requirements, such as curb and gutter and the mowing of the property. Attorney Ishmael explained the Foster Well Drilling property, located on the north side across Philadelphia Road was a non-conforming pre-existing use. He explained a variance was issued to allow Mr. Foster to continue his business, but was not rezoned Commercial C-3. He explained the property is being used as office space for Crowley’s Ridge Development Council, and the only other commercial business is a nursing home rehabilitation center. He further explained Highway 141 has been designated at a scenic byway. Councilman Moore moved, seconded by Councilwoman Williams to deny the rezoning in accordance with the MAPC recommendation. A voice vote was taken resulting in all members voting aye with the exception of Councilman McCall who abstained from voting. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, and Ashley. The ordinance was denied.
The following ordinance was on the second reading:
ORDINANCE TO REZONE PROPERTY FROM R-1 TO C-3, LOCATED ON THE SOUTH SIDE OF HIGHWAY 49, EAST OF OLD BRIDGER ROAD (Ray and Alice Bridger)
Councilman Moore moved, seconded by Councilman Johnson to waive the third reading for discussion purposes. A voice vote was taken resulting in all members voting aye with the exception of Councilman Farmer and Councilwoman Furr who abstained from voting. Those members were: Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall and Ashley. Attorney Skip Mooney, representing Mr. and Mrs. Ray Bridger, introduced several other individuals living in the area who addressed the city council in support of this zoning request. Ms. Martha Bridger listed various commercial and industrial businesses in the area, stating to impede commercial zoning would hurt the progress of Jonesboro. Attorney Mooney stated this was an argument between Ray Bridger and his brother, who did not want the family property to become commercial. Attorney Mooney cited several commercial businesses along Johnson Ave., one of which was Bill’s Fresh Market, owned by Mr. Barry Phillips who stood in opposition to the Bridger property being zoned commercial. Attorney Mooney questioned the number of votes needed to pass the zoning measure. City Attorney Crego explained seven votes of the total elected body would be necessary to pass the zoning request. Mr. Mooney responded saying it was unfair to Mr. and Mrs. Ray Bridger since Councilman Farmer and Councilwoman Furr were recusing themselves from voting, leaving only 10 voting members. Attorney Jim Lyons, represented opponents to the zoning request and provided council members a copy of a petition containing 118 signatures. He disagreed with Attorney Mooney’s statement that all the area is going commercial, saying most of the commercial property (Ace Hardware and NEA Clinic) is located “over the hill” from the property in question. He explained the property is classified as medium density residential in the Comprehensive Land Use Plan and is located outside the commercial zoning area, two miles from Bill’s Fresh Market which is classified as community commercial. He provided information regarding the MAPC vote, stating five members voted against the zoning request. He explained the comprehensive plan allows individuals to know what can be expected in the area. Mr. Scott Bridger speaking in opposition to the zoning requested, contradicting several points made by Attorney Mooney regarding commercial zoning and the past annexation. Councilman Moore moved, seconded by Councilman Johnson to deny the ordinance in accordance with the MAPC recommendation. A voice vote was taken resulting in all members voting aye with the exception of Councilman Farmer and Councilwoman Furr who abstained from voting. Those members were: Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, McCall and Ashley. The motion was denied.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM R-2 MULTI-FAMILY LOW DENSITY TO C-5 NEIGHBORHOOD OFFICE DISTRICT LOCATED AT 800 AND 802 PATRICK STREET (Thad Brown, III)
Councilman Perrin moved, seconded by Councilman Moore for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The ordinance was assigned ordinance number 3603.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM R-2 MULTI-FAMILY LOW DENSITY TO C-5 NEIGHBORHOOD OFFICE DISTRICT LOCATED ON THE NORTH SIDE OF STALLINGS LAND AND WEST OF STADIUM BOULEVARD (Herb Stallings and Sam Brown)
Councilman Perrin moved, seconded by Councilman Ashley for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The ordinance was assigned ordinance number 3604.
Councilman Johnson offered the following ordinance for first reading:
ORDINANCE TO VACATE AND ABANDON A 20 FOOT AND 15 FOOT UTILITY EASEMENT LOCATED AT MATTHEW MEDICAL PARK (J. Matt Parker)
Councilman Moore moved, seconded by Councilman McCall to suspend with the second and third readings of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilman Moore moved, seconded by Councilman Street for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. Councilman Perrin moved, seconded by Councilman Moore for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The ordinance was assigned ordinance number 3605.
Councilman Johnson offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM C-3, GENERAL COMMERCIAL DISTRICT TO C-5 NEIGHBORHOOD OFFICE DISTRICT, DESCRIBED AS LOT 5 OF SOUTH CARAWAY VILLAGE ADDITION BETWEEN LATOURETTE LANE AND CARAWAY ROAD (Camtri Ross Investments)
Councilman Farmer moved, seconded by Councilman Johnson to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The following local residents spoke in opposition to this zoning request: Curtis Shatley; Delane Hogan; and Peter Pierce. Attorney Glenn Lovett explained the property had been subject of a lawsuit for Residential R-3 zoning, so now they were requesting Commercial C-5.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY MEDIUM DENSITY TO C-3, GENERAL COMMERCIAL DISTRICT, LOCATED AT 3701 E. JOHNSON (W. L. Gillespie)
Councilman Farmer moved, seconded by Councilman Johnson to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The following local residents spoke in opposition to this zoning request: John Hatcher, George Harp, Phyllis Hankins, Stacy Schratzs, Jim Carter, and Shirley Ward. Reasons given for the opposition were enforcement of the Limited Use Overlay stipulations, citing Bill’s Fresh Market as an example, property value decrease, and overcrowding. Members of the Jonesboro City Council requested copies of the MAPC minutes and a legible plat for the next city council meeting.
Councilman Perrin moved, seconded by Councilman Province to set an appeal hearing for February 7, 2006, at 6:00 p.m. of the decision of the MAPC regarding the rezoning of the property located on Highland Drive and requested by INHOC, LLC. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Moore moved, seconded by Councilman Perrin for the adoption of a resolution to proceed with condemnation action on the following property locations: 903 Cottonbelt, Mohammed Ben-Mohammad and Sherry Davis, Owners; 1703, 1705, 1811, and 1813 Henry Street, Bill Greenwood, Owner. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:01.
Councilman Moore moved, seconded by Councilman Perrin for the adoption of a resolution to increase commercial sanitation rates. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:02.
Councilman Street moved, seconded by Councilman Perrin for the adoption of a resolution accepting the bid from Ritter Communications for the City of Jonesboro phone system. The resolution was assigned number 2006:05.
Under new business, Councilman Johnson and Councilwoman Furr encouraged action be taken regarding the hiring of a permanent city planner and the need to have this position filled. It was explained this was not a reflection on the current Interim Planner, but given the various planning situations a permanent position was warranted.
Councilman McCall moved, seconded by Councilman Dover to place two resolutions on the agenda for consideration by the full council. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Perrin moved, seconded by Councilman Ashley for the adoption of the resolution to appoint Mr. Ted Fortenberry to the Citizens Parks Advisory Board. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:03.
Councilman Moore moved, seconded by Councilman Perrin for the adoption of a resolution to contract with Mr. Harry Hardwick for land acquisition for another year. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. The resolution was assigned number 2006:04.
Councilman Perrin asked members of the Jonesboro City Council to give their comments to Human Resource Director, Suzanne Hackney regarding the position of Internal Auditor.
Councilman Perrin moved, seconded by Councilman Dover to move the next city council meeting to Monday, January 16, 2006, because of an awards banquet for the “Northeast Arkansas Businessman of the Year” scheduled for January 17, 2006. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley. It was requested that notification be provided to all individuals that the meeting change would affect.
Councilman Hargis requested something be done about a pot-hole located by the Public Library which is causing cars to scrape on the asphalt.
Councilman Farmer moved, seconded by Councilman Dover to reappoint the same members to the Nominating and Rules Committee who will be reviewing a “Committee of the Whole” as well as other recommendations. The members of this committee are, Councilman Farmer, Councilman Province, Councilman Moore, and Councilman McCall. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.
Councilman Farmer questioned if city council members would be able to get copies of any contracts, leases or evaluations regarding the newly proposed Convention Center, prior to being placed on the agenda. Mayor Formon stated the information would be provided.
Councilman Farmer questioned if meetings were planned for discussion of the pipe inventory and Hydrological Engineer. Mayor Formon responded saying a meeting was scheduled for tomorrow at 9:30 a.m. in his conference room regarding pipe inventory, but were waiting on a response from Mr. Auld regarding the Hydrological Engineer meeting.
Councilman Farmer requested that Public Works committee members be provided a copy of requirements for the City Planner position.
Under public comment, Mr. Dan Melton, retired fire fighter, provided research on the fireman’s pension plan. He requested a printout from the City of Jonesboro showing where the money has gone and how it has been used from the present to 1992. He also requested a printout of the millage funds for this same length of time. Lastly, he questioned if a response had been received from Attorney Ralph Ohm. Mayor Formon explained that Mr. Ohm had been out for several weeks, but they had scheduled for the Director of LOPFI to come and address the Finance Committee, but he wanted to know in advance the specific questions that would be asked. Mr. Melton stated he had no questions for LOPFI because they can only handle the money according to state law, and questioned why they were waiting on the attorney from Hot Springs. Councilman Farmer explained the City Council needed to get advice from legal counsel if there is any exposure for the City of Jonesboro. Mr. Melton stated he wants an accounting from the City of Jonesboro. Mayor Formon responded saying if he will get with Finance Director, Larry Flowers he would make available what they have.
Lastly, Mr. Roger Watkins commended Mr. Teddy Hooton and his staff for the good work they had done in cleaning out a ditch located on Nelms Street. He expressed his appreciation.
With no further business, Councilman Moore moved, seconded by Councilman Johnson to adjourn the meeting. A voice vote was taken resulting in all members voting aye. Those members were: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall and Ashley.