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Minutes for the City Council meeting on August 2, 1999
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CITY COUNCIL MINUTES - AUGUST 2, 1999
The Jonesboro City Council met Monday, August 2, 1999, 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, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Roddy. Councilman Perrin and Mayor Brodell were unable to attend. Vice Mayor, Brian Rega presided over the meeting in the absence of Mayor Brodell, who was on official business in Little Rock.
Councilman Roddy moved, seconded by Councilman Crockett for approval of the minutes from July 19, 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, and Roddy.
Vice Mayor Rega explained the request by Mr. R. Wayne Gibson to address City Council regarding a drainage problem at 5541 E. Nettleton, was pulled due to the matter being resolved earlier in the day.
Mr. Hugh Atwood, President of the Old Towne Neighborhood Association, once again addressed Council regarding property at 1210 S. Madison. Mr. Atwood, referring to an article printed in the Jonesboro Sun, stated not much work had been done at 1210 S. Madison due to the illness of the general contractor. He questioned if all the workers (bricklayers, carpenters, plumbers, and electricians) were ill as well, because no progress had been made on the Madison property. Mr. Atwood also referred to another Jonesboro Sun article, dated May 21, 1996, regarding Mr. Ebbert being required to post a $25,000.00 bond prior to receiving another extension. He stated the bond was posted, but never collected, even though construction was not completed. Mr. Atwood read a letter addressed to the City Council from the Old Towne Neighborhood Association which consists of 318 residents or approximately 1000 citizens. The letter provided a history of the Madison property, and stated appeals to the governing body had resulted in a continuation of the problem. Mr. Atwood admitted he fully supported the Council’s decision to grant a 120 day extension, on May 17, 1999, in hopes of solving the problem. However, Mr. Atwood claimed the Council and the Old Towne Neighborhood Association had been deceived by Mr. Ebbert and his attorney, and that a breach of contract existed. In closing, Mr. Atwood stated he endorsed and supported plans to renovate the downtown area, but expressed concerns over the effects the Madison property will have on downtown renovation efforts. Mr. Atwood requested Council to take action to remedy the situation. Discussion followed regarding what action could be taken due to pending litigation. City Attorney, Phillip Crego stated the injunction prevents the city from tearing the structure down, but does not prohibit the owner from improving the property. Vice Mayor, Rega stated as soon as the injunction is lifted, and as soon as the City can legally take action, they are ready to do so. Mr. Atwood questioned City Attorney, Crego if this was not a breach of contract. Mr. Crego stated it was not a breach of contract in his opinion. Based on the outcome of the litigation the City of Jonesboro will be dealing with the holding institution or with the Ebbert family, City Attorney Crego explained. Mr. Atwood argued a thousand citizens cannot get anything done because of one owner and one attorney. Several council members explained to Mr. Atwood it was legal reasons that prohibited them from taking immediate action on the property. Mr. Chris Thyer, Attorney for Bill Ebbert, stated he takes offence at Mr. Atwood saying he was lied to by him or his client. Attorney Thyer argued that his client has 120 days (September 17, 1999) to complete the building project, and if the project is not completed within that time frame, Council does not have to give Mr. Ebbert another extension. Attorney Thyer stated the general contractor had been ill and unable to be on the job site per doctor’s orders. He apologized for not having provided a written progress report for this week, but mentioned some of the work being done on the Madison property. He explained much had been said about Mr. Ebbert not having any motivation to improve his property because of the looming foreclosure. Attorney Thyer explained Mr. Ebbert’s only chance of saving the Madison property and other owned properties was to obtain financing from another lending source. Attorney Thyer explained that power of attorney had been given to Mike Ebbert (Bill Ebbert’s brother) who would be meeting with Regions bank tomorrow to discuss the release of the properties once new financing is provided. Attorney Thyer stated the 1210 project was being financed by Mrs. Juanita Ebbert, (Mother to Bill and Mike Ebbert) and they did not want to spend significant amounts of Mrs. Ebbert’s money due to the pending foreclosure. Attorney Thyer stated he believed new financing would be made available and the project would be completed in forty-five days. Attorney Thyer stated if the project is not completed in forty-five days he would not come back to Council asking for another extension. Councilman Tate stated he could understand not wanting to invest a lot of money in making renovations on a piece of property that may be foreclosed on, but explained if the project is not 100% completed by the extended deadline he would vote to proceed with condemnation action. Councilman Moore requested the record to show as of 5:00 p.m. August 2, 1999, there had not been a permit purchased other than a building permit, nor any kind of inspection done on the property. Councilman Young moved, seconded by Councilman Moore to condemn the property, and the building be demolished, subject to the bank’s litigation, if renovations are not completed by September 17, 1999. Vice Mayor Rega questioned City Attorney Crego if the motion was appropriate at this time. Mr. Crego stated until the current building permit expires, and Council is able to see the condition of the building at that time, the motion would be premature. Vice Mayor Rega called for a voice vote of the Council which resulted in a division of the House. Vice Mayor Rega then called for a roll call vote resulting in a six to five vote in opposition to the motion. Those members voting nay were: Kelton, Crockett, Rorex, Rega, Province, and Roddy. Those members voting aye were: Tate, McCall, Young, Copeland, and Moore. The motion was denied.
Councilman Tate moved, seconded by Councilman Young for the adoption of a resolution requesting City Water and Light to provide free utility service to Parker Park, located on the 1500 Block of North Church Street. 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, and Roddy. The resolution was assigned resolution number 1999:32.
Councilman Copeland moved, seconded by Councilman Roddy for the adoption of a resolution requesting the following traffic signs:
STOP SIGNS:
Bradley at Gwen
Gwen at Bradley
Melrose at Cedar Heights Drive
Self Circle at Melrose
FOUR-WAY STOP SIGN:
South Culberhouse and Strawn
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, and Roddy. The resolution was assigned resolution number 1999:33.
Under new business, Vice Mayor Rega expressed his appreciation to Mr. Aubry Scott, MATA Director, for keeping the Council informed of upcoming activities prior to it being in the media. Vice Mayor Rega also recognized and welcomed the Jaycees and their President, Steven Goad who were in attendance. It was reported that the Jonesboro Jaycees are currently the number one local chapter in the State of Arkansas and were applauded by Council.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF ABOMAG BW213D VIBRATORY ROLLER, SERIAL NO. 270135P
Councilman Young moved, seconded by Councilman Moore to suspend with the reading of the ordinance to read 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, and Roddy. Councilman Crockett moved, seconded by Councilman Young 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, and Roddy. Councilman Tate moved, seconded by Councilman Roddy to suspend the rules and place on the 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, and Roddy. Councilman Moore 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, and Roddy. The ordinance was assigned number 3151.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF A PS 150B CATERPILLAR PNEUMATIC ROLLER, SERIAL NO 3XR80
Councilman Young moved, seconded by Councilman McCall to suspend with the reading of the ordinance to read 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, and Roddy. Councilman Crockett moved, seconded by Councilman Moore 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, and Roddy. Councilman Young moved, seconded by Councilman Copeland to suspend the rules and place on the 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, and Roddy. Councilman Young moved, seconded by Councilman Crockett 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, and Roddy. The ordinance was assigned number 3152.
Vice Mayor Rega congratulated Councilman McCall on the birth of his son, Brittin Cooper McCall.
Councilman Young moved, seconded by Councilman McCall to continue to designate of Mayor Stallings retirement benefits to his widow, provided that the criteria is met as stated in A.C.A. 24-12-123 (b-1). 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, and Roddy.
With no further business, the meeting was adjourned.