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Minutes for the City Council meeting on September 4, 2001
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PUBLIC HEARING 5:20 P.M. - A public hearing was conducted for the abandonment of a seven and one half foot (7.5') utility easement and a ten foot (10') drainage easement along the west side of Lots 5, 6 and 7 in Block "D" of Forest Green Phase III Subdivision, as requested by Mr. Bob Gibson of Greenmeadows Development. No opposition was voiced.
APPEAL HEARING 5:30 P.M. - An appeal hearing was held regarding the MAPC recommendation to deny rezoning from Residential (R-2) to Commercial (C-5 LU-O) for property located at 418 W. Matthews Avenue, as requested by Mr. Sam Hester, who was represented by his attorney, C.M. Mooney. It was explained that a letter had been delivered to City Clerk Donna Jackson filed September 4, 2001, at 2:30 p.m. in which Mrs. Brenda Hester had requested the appeal hearing and the reading of their rezoning ordinance be delayed until September 17, 2001, due to the landfill issue being on the agenda. The letter stated the landfill issue would cause intense stress. The decision was made to continue with the appeal hearing to allow comments from the opposition. Mr. Philip Jones, president of the Heritage Square Property Owners Association, referred to a letter he had sent to Mayor Brodell and the City Council. The letter explained the request to rezone 418 W. Matthews had been denied twice by the Metropolitan Area Planning Commission. Mr. Jones described the efforts that have been made to redevelop the area across Matthews into a fifteen-unit residential planned-unit development under R-3 zoning. Of the fifteen homes, twelve have been sold and the owners of the newly developed property were in opposition to the rezoning request by Dr. Hester. Reason provided for the opposition were: An accelerated trend toward commercial zoning from this property west to Flint Street; the need for residential zoning to support a redevelopment of the downtown area; spot zoning; and the zoning change would not fit into the Hyatt Palma Study which was commissioned to develop a master plan for the redevelopment of the downtown area. That study specifically identifies this subject property as an "urban village cluster" which is defined as residential use. Mr. Jones expressed concern over the roll being played by the City Planner, Glenn Batten. He suggested his role be redefined due to his use of flawed logic and making assurances on behalf of the city that warrant concern. The comments regarding Mr. Batten made by Mr. Jones were as follows: 1. Mr. Batten stated that the subject property had been on the market for 10 months and Mr. Jones questioned what that had to do with current or future zoning. 2. Mr. Batten openly advocated spot-zoning by asserting that the property next door be rezoned even though the property next door was not being considered for rezoning. Mr. Batten further stated the commercial zoning should end at Mr. Hester's property and not go any further west towards Flint Street. Mr. Jones contended this could open the City of Jonesboro up to future litigation should any of the property owners choose to seek rezoning of their property. 3. Mr. Batten stated there were safeguards in place to keep the current or future owners from altering the appearance of the exterior, but there are no city codes pertaining to historic structures. The home is on the National Register of Historic Places. 4. Mr. Batten sited limitations for signage to "small identification signs" and limitation on the number of offices, yet Mr. Jones stated he could not find any such limitations in the zoning ordinance manuals; 5. Mr. Batten's incorrect interpretation of the Hyatt Palma definition of "urban village." 6. Mr. Jones questioned the enforcement mechanism to enforce Mr. Batten's assumption regarding no alteration affecting the exterior of the structure, limited signage, limitation in the use of the building and all parking to be landscaped. Mr. Jones added these assurance were made with regard to the current and any subsequent owners of the property.
Councilman Copeland questioned Mr. Mooney about a previous zoning request for Mr. Joe Heinemann, in which Mr. Mooney argued against commercial zoning by saying the City Council must define a boundary in order to stop commercial zoning from proceeding. Attorney Mooney stated he was opposed to commercial activity in the Heinemann rezoning request. He explained there is no business activity, nor commercial sales in Commercial 5 zoning. Attorney Mooney defined spot zoning as being in disharmony with the rest of the area. He contended that the rezoning of 418 W. Matthews would not be in disharmony with the surrounding area. He stated Dr. Hester plans to put in professional offices with all the parking at the rear of the building, with limited signage. He stated the building will look like a residence and not be open at night. Phillip Jones disagreed with Attorney Mooney's definition of spot zoning saying he had conveniently omitted a portion of the statute that states when an island is created in the middle of a particularly zoned area, it is defined as spot zoning. Mr. Duke Jennings spoke in opposition to the rezoning expressing concern over enforcement of the limitations mentioned. The question was asked of City Planner Glenn Batten was this spot zoning. Mr. Batten stated in his opinion it was not spot zoning because it was consistent with the downtown area. Secondly, Mr. Batten stated in his opinion it did not cause disharmony with the surrounding area as stated previously by Attorney C.M. Mooney. Mr. Bob Warner spoke in opposition to the rezoning stating the line has been drawn on the zoning of commercial use in this a residential area in order to make down town better.
APPEAL HEARING 6:00 P.M. - The previous hearing went over by fifteen minutes, so the appeal hearing scheduled for 6:00 p.m. actually began at 6:15 p.m. The appeal hearing was requested by Mr. Ruben Griffin regarding the MAPC recommendation to deny rezoning from Residential (R-1) to Commercial (C-3) for property located on the west side of Southwest Drive, south of Harwood Drive and west of Oak Park Dive. Mr. Ruben was represented by Attorney C.M. Mooney who recognized Mr. Carol Cardwell, the developer of the Ruben property. Mr. Caldwell stated the tract of land joins commercial property to the rear where the old UPS building use to be on Highway 49. The question was asked if a 200 foot buffer would remain. Mr. Caldwell stated there was no intended use of the property as of yet, they were simply trying to protect the value of the buildings they have there now that are commercial buildings. Mr. Brian Clem spoke in opposition to the rezoning stating it would be of no benefit to the neighborhood. He expressed concerns regarding noise, a decrease in property values due to lack of visual protection, problems with ingress/egress of vehicles and spot zoning. Mr. Clem stated the rezoning request changes each time it is discussed. He explained City Planner Glenn Batten had recommended a 200 to 250 foot natural buffer (trees), but now it is to be residential lots. Ms. Judy Reed also spoke in opposition by providing a petition containing 19 signatures of local residents. Mr. Reed stated the 200 feet is to be divided into eight residential lots, therefore could not be classified as a buffer. She clarified the area is about a mile from where the new mall is to be located and questioned the size of each lot. She was told the lot size would be 200 deep and 120 (some larger, some smaller) in width. Councilman Tate stated more housing would be a better buffer than a natural buffer. Discussion followed regarding a Bill of Assurance. Mr. Caldwell stated the Bill of Assurance would not be completed until the replat was done. Council requested input from City Planner Glenn Batten. Mr. Batten stated forty feet of the 200 foot buffer would be used to widen Harwood and there was separate protection under C-3 zoning. He explained when a plan is submitted for development of commercial property, additional screening and buffering will be even more strict than they normally would be. He also stated the lots would be twice as large as required. Ms. Reed expressed concern regarding access to some of the lots and questioned if the ordinance could be amended to state the Bill of Assurance would meet the minimum standards, equal to if not greater than the existing subdivision. Both Carol Caldwell and Attorney Mooney agreed. Councilman Kelton explained the Jonesboro City Council was a legislative body and any stipulations placed in the ordinance would be binding on the property owner.
CITY COUNCIL MINUTES - SEPTEMBER 4, 2001
The Jonesboro City Council meet Monday, September 4, 2001, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Hubert Brodell, City Attorney Phillip Crego, City Clerk Donna K. Jackson and twelve Council members. Those member were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy.
Councilman Tate moved, seconded by Councilman McCall, to approve the minutes as previously delivered. 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.
Mayor Brodell moved to item 11 on the agenda. New Business by the Mayor. Councilman Rega moved, seconded by Councilman Crockett, to pull items 9 (Resolution deleting the positions of Assistant Fire Chief and Assistant Police Chief from the Wage and Salary Management Plan) and 10 (Resolution reclassifying the positions of Fire Chief and Police Chief to an Exempt Salary Grade 6) from the agenda. 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 Rega moved, seconded by Councilman Moore, to table Agenda Item A - Rezoning request by Mr. Sam Hester until October 1, 2001. 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.
Several citizens had requested to address the Jonesboro City Council. Ms. Debbie Hazelwood was the first speaker, requesting Council to reconsider the proposed future landfill site and the extension of the present landfill. She stated the people in opposition to this landfill were citizens, tax payers and voters and deserved to have their legitimate complaints heard. She stated she does not just take from the community, but also gives back as a volunteer for the American Red Cross and in support of City Team Ministries. She reflected on the residential growth of the area an stated it was time for the citizens to move on and the landfill to move out. She requested Council to reconsider their decision on the landfill because it affects the lives of the residents in that area, as well as the City of Jonesboro. Next to address Council was Ms. Nancy Merkle who resides at 3208 Strawfloor Road, stating the site was not the best site for the landfill and no other sites had been looked at. Ms. Merkle stated the landfill would be viewed by everyone driving the bypass. She explained many people had built homes in the area under the assumption the landfill would not longer be there because that was what they were told. She expressed concern for future dumping, questioning how long would it be before household garbage and other waste materials would be permitted in the landfill. She further explained this would affect the ground water. Ms. Merkle stated she was disappointed that no other options were explored. She asked the Council to stop and reconsider their decision. The third speaker was Mr. Johnny Hutchison, Vice President of Ridgefield Christian School Board. He reported a meeting had been conducted regarding the proposed landfill and some of the information caused alarm and concern. He explained they were hearing only part of the information and were here tonight to gain additional information. Mr. Hutchison stated their main concern was the education of their students. The list of concerns provided by Mr. Hutchison were: more information, a complete detailed study of other landfill sites, written documentation that the assurances regarding the landfill site would be legal and binding by future leaders. Mr. Hutchison stated in the absence of written legal assurance about the size and provisions of the proposed landfill we will continue to have serious concerns. He stated their knowledge of the issue is limited, but growing. Last of the opposition to address Council members was Attorney Malcolm Culpepper. He requested council members to slow down and reconsider their position regarding the landfill. Attorney Culpepper disagreed with the City Attorney Phillip Crego and Mayor Brodell's position regarding the adoption of the ordinance to rezone the landfill (Ordinance NO. 3314). A legal opinion had been provided by Attorney Crego regarding the emergency clause and the adoption of Ordinance 3314. Attorney Culpepper stated he did not agree that the vote on Ordinance 3314 was done according to the Arkansas Constitution. Mr. Culpepper produced a map showing locations of the landfill in proximity to Ridgefield School, Joe Mack Campbell Park, 63 Bypass and the Ridgepointe Subdivision. He spoke about the elevation of the landfill describing it as a mountain on top of a mountain, while showing the area located on a topography map. He reiterated points made at the last council meeting, such as the impact the landfill will have on the City of Jonesboro and its citizens; the lack of research regarding other site locations based on the Garver and Garver engineering report. Attorney Culpepper provided a copy of an in-house memorandum from Paul Thompson, geologist supervisor, to Mike Hood, technical manager, both of the Solid Waste Division (ADEX). Mr. Culpepper reviewed the memo pointing out the recommendation on page five (5) that stated, "It is highly recommended by the Department staff that an alternate site be considered." Mr. Culpepper pointed out the memo speaks of the lack of clay in the area that keeps the water supply from becoming contaminated. From the memo, Attorney Culpepper showed contamination was found in the Wilcox Aquifier that serves the Jonesboro area in 1987. He reviewed the precautions recommended in permitting a landfill in this location. Mr. Culpepper urged the City Council to put the landfill in another location and to find out if any other city in the state of Arkansas has an application pending for a landfill within their city limits. Councilman Tate questioned how many applications were pending period. Attorney Culpepper responded saying there were eight (8) applications pending. Councilman Roddy requested Attorney Culpepper to finish reading the recommendation from the memo on page five (5). Mr. Culpepper read the following "It is highly recommended by the Department staff that an alternate site be considered due to the costly construction requirements necessary to site a landfill at this location. The site is, however, suitable for further consideration as a Class 4 waste disposal facility if the following conditions and limitations are property addressed in the permitting process." Councilman Roddy pointed out the City of Jonesboro is requesting a Class IV landfill not a Class I landfill which is run by Craighead County Solid Waste Authority, located south of town. Councilman Roddy described the type of material allowed in a Class I landfill compared to a Class IV landfill. Attorney Culpepper argued the memo made no distinction between the two types of landfill. Alderman Tate stated residents of Craighead County have expressed concern that the City of Jonesboro not dump its trash in the county. Attorney Culpepper responded by saying there was ample opportunity to purchase eighty acres outside the city limits of Jonesboro and recommended going south between Crowley's Ridge and the new Highway 1 where there is the recommended clay base suitable for a landfill. Attorney Culpepper submitted a petition containing 43 pages of signatures of people opposed to the proposed Class IV landfill. Mayor Brodell recognized City Attorney Phillip Crego and asked him to respond to statement made regarding the Class IV landfill. He displayed bags of rocks, wood, leaves and other materials as examples of what goes into a Class IV landfill. Attorney Crego stated there was a truck located in the parking lot that contained the type of materials found in a Class IV landfill and specified that a Class IV landfill does not allow putresible (decomposed) waste. He provided an aerial map that showed the location of the landfill to be 850 feet from the city limits and not in the center of the City of Jonesboro. Attorney Crego pointed out the activities in the area of the landfill were gravel mining by Razor Rock, the junk yard and an abandoned gravel pit. He stressed that the landfill site has already been dug out and compared it to a canyon or crater. The aerial map taken February 17, 2001, showed standing water. Attorney Crego offered this as proof that the site was not permeable and there was no fear of seepage to the underground water supply. Mr. Crego concurred with Councilman Roddy regarding the differences made between Class I and a Class IV landfill. He stressed the memo did state the site was suitable for a Class IV landfill. It was clarified by Attorney Crego that the memo stated the landfill had been closed in 1987 but it was referring to a Class I landfill not a Class IV landfill. He explained City Water and Light provides water in the immediate area and it's the same water being provided to the rest of Jonesboro. Attorney Crego stated the site was purchased seven years ago (1994) for a landfill site and explained growth of the area has not suffered due to the location of the landfill. Attorney Crego pointed out that the opposition stated the area was growing and many of the residents purchased homes and developed the Ridgefield Christian School, knowing the existing and proposed landfill sites were located there. He submitted a letter from Mr. Guy Lowes, past Director of the Public Works/City Engineer for the City of Jonesboro, detailing the steps made in selecting the proposed landfill site. Alderman Chris Moore questioned Attorney Crego regarding how much standing timber was located at the present landfill site. Mr. Crego stated he was not sure. Alderman Moore pointed out that there was roughly 15 acres of land between the landfill and NEA Clinic that was considered for development, but due to environmental studies J.T. Barr was not allowed to develop the property. Councilman Moore stated he did not feel comfortable with the Sanitation Supervisor Guy Lowes making an evaluation of proposed landfill sites as he is not an engineer. Mayor Brodell responded saying Garver and Garver made the recommendation. Alderman Moore answered saying Garver and Garver made the recommendation based on the evaluation of the sites provided by Mr. Lowes. Councilman Young requested Attorney Crego to address the issue regarding the seven to four vote and the emergency clause for Ordinance 314. Attorney Crego explained the seven to four vote was sufficient for the adoption of the ordinance, but a separate roll call vote was required for the adoption of the emergency clause. Mr. Shawki Al-Madhoun, President of Northstar Engineering Consultants, spoke to Council at the request of Attorney Crego. Mr. al-Madhoun stated that Attorney Culpepper and his clients held up progress of the landfill over negotiations of the purchase of the Sloan property. He explained trash would be accumulated over the next 30 years to an elevation of about 90 feet higher than the current elevation. In selecting the landfill location Mr. Al-Madhoun explained given ample time and unlimited financial resources he could possibly find another site, but Jonesboro did not have either.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3) LOCATED ON THE WEST SIDE OF SOUTHWEST DRIVE, SOUTH OF HARWOOD DRIVE AND WEST OF OAK PARK DRIVE (RUBEN GRIFFIN)
Councilman Tate moved, seconded by Councilman Perrin, to amend the ordinance requiring the developer to add a Bill of Assurance restrictions equal to the adjoining R-1 property. The motion and second were withdrawn. Councilman Tate moved, seconded by Councilman Perrin, to amend the ordinance by adding the following: "This rezoning is conditioned on Bill of Assurance of equal restriction being placed on the adjacent 200 feet of Residential (R-1) property, with the Bill of Assurance being filed before any building permits will be issued on the property being rezoned Commercial (C-3). A voice vote was taken resulting in all members voting aye with the exception of Councilman Young and Councilman McCall who voted nay. Those voting aye were: Kelton, Tate, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Tate moved, seconded by Councilman Perrin, to further suspend the rules and place on second reading as amended. 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 Tate moved, seconded by Councilman Perrin, to further suspend the rules and place on third and final reading. Councilman Young requested it be held till the next meeting. Both the motion and second were withdrawn. The ordinance was held on the third reading.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO VACATE AN UNIMPROVED SEVEN AND ONE HALF FOOT UTILITY EASEMENT AND A TEN FOOT DRAINAGE EASEMENT LOCATED IN BLOCK "D" OF FOREST GREEN PHASE III SUBDIVISION. (BOB GIBSON, GREENMEADOWS DEVELOPMENT)
Councilman Perrin 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, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Rega moved, seconded by Councilman Moore, to further suspend the rules and place on the third and final reading. 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 Rega 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, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Copeland moved, seconded by Councilman Moore, for the adoption of the emergency clause. 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. The ordinance was assigned ordinance number 3316.
Councilman Perrin moved, seconded by Councilman Moore, for the adoption of a resolution authorizing the Mayor and City Clerk to transfer property which was donated by North Main Baptist Church to Mr. Billy Sartain. 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. The resolution was assigned number 2001:46.
Councilman Kelton moved, seconded by Councilman Tate, for the adoption of a resolution setting a public hearing for 6:15 p.m. on September 17, 2001, for the purpose of vacating and unimproved portion of Peabody Drive. The request was made by Mr. Bob Gibson and Carlos Wood. 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. The resolution was assigned number 2001:47.
Councilman Rega moved, seconded by Councilman Perrin, for the adoption of a resolution requesting City Water and Light to provide free utility service to the following locations: 100 CWL Drive on the Dan Avenue side; 601 CWL Drive on the Bypass side; and 501 CWL Drive on the north side of the street at the maintenance building. 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. The resolution was assigned number 2001:48.
Councilman Young moved, seconded by Councilman Crockett, to amend a resolution to proceed with condemnation action on the following Jonesboro properties: 3708 Griffin, Roger P. Moore owner; 5306 E. Nettleton, David Osterblad owner; and 213 and 215 W. Forrest, Mike Gipson owner. The amendment was to pull 5306 E. Nettleton, David Osterblad, owner, and to allow a thirty day extension. A roll call vote was taken resulting in a seven (7) to five (5) vote in favor of the amendment. Those members voting aye were: Young, Crockett, Rorex, Rega, Province, Perrin and Roddy. Those voting nay were: Kelton, Tate, McCall, Copeland and Moore. Councilman Tate moved, seconded by Councilman Moore, for the adoption of the resolution as amended. 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. The resolution was assigned number 2001:49.
Councilman Young moved, seconded by Councilman Kelton, for the adoption of a resolution directing the Mayor and City Clerk to ascertain proper legal descriptions of the portions of the existing right of way which will be abandoned by Arkansas State Highway and Transportation to the City of Jonesboro and further to execute any and all documents necessary to convey the same to Doyle Yarbrough, the adjacent landowner. Mayor Brodell stated Mr. Yarbrough's attorney, C.M. Mooney, would provide the legal description and would provide the necessary papers to be signed, based upon the right of way. 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. The resolution was assigned number 2001:50.
Mayor Brodell stated that Ron Shipley, City Inspector, was working with Mr. Mike Gott, attorney for Mr. Kaffka in order to set a time to inspect the Kaffka property around September 5, 2001.
Councilman Moore recognized Mr. Jay Parnell regarding the purchase of a trailer, which he purchased from Bartons located in Jonesboro. Mayor Brodell stated they had been trying to located Mr. Parnell and if he would come by his office he would provide him the documentation. Mr. Parnell questioned if Mayor Brodell had the title. Mayor Brodell stated they did not get a title. Mr. Parnell stated he could not get a license without the title and he has since discovered since the purchase the trailer is stolen goods. Mayor Brodell questioned why Mr. Parnell had waited five years to do anything. Mr. Parnell explained he had tried to get the title, but the Revenue Office would not reveal who owned the trailer until this past April. The trailer was registered to 3-W Lumber Company and had been stolen from that lumber company, but purchased by the City of Jonesboro. Mayor Brodell asked if he knew who the City of Jonesboro bought it from. Mr. Parnell stated he did not know and that's why he was there tonight. Mayor Brodell said if he would come to his office he would provide him the information.
With no further business, the meeting was adjourned.