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Minutes for the City Council meeting on December 17, 2001
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CITY COUNCIL MINUTES - DECEMBER 17, 2001
The Jonesboro City Council met Monday, December 17, 2001, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Brodell, City Attorney Phillip Crego, City Clerk, Donna K. Jackson, and eleven council members. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Tate was unable to attend.
Councilman Crockett moved, seconded by Councilman Roddy to approve the minutes of December 3, 2001, as previously delivered. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Rega moved, seconded by Councilman Crockett to approve the minutes of the special called meeting held November 29, 2001, as previously delivered. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL (C-3) TO RESIDENTIAL (R-1), LOCATED ON THE NORTHEAST CORNER OF NETTLETON AVENUE AND STRAWFLOOR DRIVE. (FARMER ENTERPRISES, ALEC FARMER, PRESIDENT)
Councilman Perrin 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 were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Moore moved, seconded by Councilman Roddy 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3334.
Councilman Copeland offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL (C-3) TO RESIDENTIAL (R-1A), LOCATED ON THE NORTHEAST CORNER OF NETTLETON AVENUE AND STRAWFLOOR DRIVE. (FARMER ENTERPRISES, ALEC FARMER, PRESIDENT)
Councilman Rega 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 were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Moore moved, seconded by Councilman Roddy 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Roddy moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3335.
Councilman Perrin offered the following ordinance for the first reading:
ORDINANCE TO REZONE PROPERTY FROM COMMERCIAL (C-3) TO RESIDENTIAL (R-1), LOCATED ON THE NORTH SIDE OF NETTLETON AVENUE, ON THE EAST AND WEST SIDES OF STONE CREEK LANE. (STONE CREEK DEVELOPMENT, ALEC FARMER, MANAGING MEMBER)
Councilman Rega 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 were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Moore moved, seconded by Councilman Roddy 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Roddy moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3336.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL R-1 TO COMMERCIAL C-3 LUO, LOCATED ON THE NORTH, NORTHWEST SIDE OF PAULA DRIVE, WEST OF PARKER ROAD (MICHAEL L. THOMPSON)
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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Moore 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Kelton moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Young moved, seconded by Councilman Copeland for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3337.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-2) TO COMMERCIAL (C-1), LOCATED ON THE EAST SIDE OF BRIDGE STREET, NORTH OF CREATH AVENUE. (BENNY OVERMAN)
Councilman Perrin 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 were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Roddy 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. 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: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Young for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3338.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3 LU), LOCATED NORTH OF JOHNSON AVENUE, SOUTH OF HUDSON DRIVE, EAST OF HIGHWAY 351. (DAVID ABERNATHY)
Councilman Roddy 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 were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Roddy 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Crockett moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Crockett for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3339.
Councilman Perrin offered the following ordinance:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL R-1 TO COMMERCIAL C-3 (LIMITED USE OVERLAY) LOCATED AT 3705 E. JOHNSON. (PHILLIP & LONETTE BYRD)
Councilman Perrin moved, seconded by Councilman Roddy to suspend the rules and place on second reading. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Young moved, seconded by Councilman Moore 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Moore moved, seconded by Councilman Young for the adoption of the ordinance. Mrs. Stacey Schratz of 3104 Maplewood Terrace, addressed the city council speaking in opposition to the rezoning. She read from the Jonesboro Municipal Code regarding requirements for building near a lot line, and explained the Metropolitan Area Planning Commission stated the rule did not apply in this matter because the building was already erected. She requested this section of the Code be amended because it does not protect residents who have invested in residential property. Mrs. Schratz explained, due to the structure being so close to the lot line, the neighbors are requesting the property be zoned commercial five rather than commercial three. Mrs. Schratz argued that the neighborhood is continuing to have problems with another property that was zoned commercial, Bill’s Market, stating nothing has been done as promised, with the exception of a fence being erected. She explained Mr. Batten had told her that he was unaware that Bill’s Market had opened, but stated they could not receive a Certificate of Occupancy until all requirements have been met. She questioned how they could continue to operate without a Certificate of Occupancy. She stated that trees were to be planted as a natural barrier. Lastly, Mrs. Schratz stated MAPC Commissioner, Mr. Barry Phillips was allowed to vote on the present zoning matter even though he owns the adjoining property and is interested in purchasing the property once it has been rezoned. Mrs. Schratz questioned if this was not a conflict of interest. She reported that Mr. Glenn Batten had incorrectly told her that another piece of property in the area would be rezoned, even though it had not been before the Metropolitan Area Planning Commission. She also stated that Mr. Batten had incorrectly stated that Mayor Brodell appoints all MAPC commissioners even though Craighead County makes appointments as well. Councilman Rega stated the conditions in the ordinance were very broad and questioned who would make the final decisions regarding the conditions. City Attorney, Crego stated the decisions regarding site plans and set back requirements would be made by the Metropolitan Area Planning Commission. Councilman Moore questioned who would enforce the stipulations mentioned in the ordinance. Councilman McCall asked was it the same people who were to enforce the stipulations for Bill’s Market. Councilman Kelton responded saying he and Mr. Batten were trying to determine when to require the planting of the trees, since this was not a practical time of year to put out trees. At the request of Councilman Kelton, Mr. Batten addressed Council regarding the zoning matter. He stated the property on the north and south side of Johnson is already zoned commercial with the exception of two parcels, one of which is the property in question. He stated he was trying to encourage the developer to extend the privacy fence even though the stipulations require a natural barrier, not a privacy fence. He stated plant material had been planted to cover the rock area, and the planting of the trees were the only unfulfilled stipulation. Councilman Copeland stated Mrs. Schratz raised a good point regarding the Certificate of Occupancy, and questioned Mr. Batten if Bill’s Market had a Certificate of Occupancy at the time of opening. Mr. Batten stated Bill’s Market was provided a temporary Certificate of Occupancy, and would receive a full Certificate of Occupancy once the work was completed. Councilman McCall questioned if the Certificate of Occupancy was provided after the store was opened. Mr. Batten responded saying it was because they were not notified of the store’s opening, and at that time did not have the final inspections completed. Mrs. Schratz stated she had notified Mr. Batten the day the store opened. The question was asked how long does a business have to comply with the issuance of a temporary Certificate of Occupancy. Mr. Batten stated they have three months to comply, but stated we would have to be flexible considering the kind of trees the business wishes to plant. Mayor Brodell stated the issues being discussed had nothing to do with the zoning. Mrs. Schratz disagreed saying it does because of Mr. Phillip’s interest in purchasing the property, in owning the adjoining property, and because he will be making the decisions on the site development which is a direct conflict of interest. City Attorney Crego responded saying there was not a legal conflict of interest that would make Mr. Phillips ineligible to vote. He stated that even if Mr. Phillips has an interest in acquiring the property, this in and of itself would not prevent him from voting. Mr. Howard Smith who resides at 3012 Maplewood Terrace complained there had been problems with other property developments due to mud sliding in to several nearby yards, and when he notified the City he was told they could not enforce any ordinances because it was only site preparation, and no building permit was required. Councilman Moore stated there were State laws regarding run-off and the developer would have to restore the property. Councilman Rorex suggested filing a civil suit to solve the problem. Attorney Crego stated the size of the development triggers state laws and the City has nothing to do with those requirements. Mayor Brodell stated the stipulations being considered are site plan development and have nothing to do with the rezoning. Councilman Rega responded saying the ordinance is subjective and the Council is being asked to grant limited use overlays with no specifications to the overlays. Mr. Smith asked when the property would have to be vacated as residential. City Attorney Crego stated it was his understanding that the structure could no longer be used as residential once the zoning had been amended to commercial. A roll call vote was taken resulting in a six to five vote denying the ordinance. Those members voting nay were: McCall, Rega, Province, Copeland, Moore, and Roddy. Those members voting aye were: Kelton, Young, Crockett, Rorex, and Perrin. The motion for adoption was denied.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE ADOPTING A 2002 BUDGET FOR THE CITY OF JONESBORO
Councilman Perrin 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 were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Rega moved, seconded by Councilman Perrin 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, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Young moved, seconded by Councilman Perrin for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Copeland moved, seconded by Councilman Moore for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3340.
Councilman Perrin moved, seconded by Councilman Moore for the adoption of a resolution to proceed with condemnation action on property located at 800 Hester Street, owned by Mr. James Darnell. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The resolution was assigned resolution number 2001:73.
Councilman Perrin moved, seconded by Councilman Young for the adoption of a resolution requesting free electrical power to a traffic signal, located at 2501 Cottage Home Road, Jonesboro, Arkansas. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The resolution was assigned resolution number 2001:74.
Councilman Perrin moved, seconded by Councilman Crockett for the adoption of a resolution endorsing Arkansas Glass Container Corporation, located at 516 W. Johnson to participate in the Advantage Arkansas Program. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The resolution was assigned resolution number 2001:75.
Under new business, Councilman Rega reported he had hoped to propose revisions to the salary administration plan to the Personnel Committee, but due to it being more detailed than estimated the revisions would be made available by the first quarter.
Councilman Moore inquired about the Attorney General’s opinion regarding copying fees. Mayor Brodell stated the Attorney General did not provide an opinion, but he would ask again in a more specific manner. Councilman Moore also questioned the status of the lawsuit regarding Cemetery Lane. Attorney Crego stated it would be filed this coming week. Lastly, Councilman Moore reported at the intersection of Bradley and French there was an eighty-foot ditch that needed cleaning out. He stated it would solve several drainage problems if this section were cleared. Councilman Moore recognized Mr. Charles Atkerson who requested to speak regarding this matter. It was explained by Mr. Atkerson that he had purchased rental property on west Woodrow and was told that the area would be removed from the flood plain, but was later told by the Corp. of Engineers they had no knowledge of the area being removed from the flood plain. Mayor Brodell stated FEMA would be the one to make the determination regarding flood plain and he did not believe the area would ever be removed due to water running to the west of the property. Mr. Atkerson stated he had requested two years ago that the ditch between Woodrow and Forrest be cleaned out. Mayor Brodell responded saying the ditch was cleaned out from Gee Street to the city limits approximately eight years ago, and a bus was found lodged sideways in the ditch. He explained they were checking for the necessary right of way and would be addressing the problems.
Mr. Bill Ebbert provided a copy of a letter from the Attorney General pertaining to copy charges.
Councilman Perrin requested City Planner, Mr. Glenn Batten to check on landscaping for Hanks Warehouse located behind the Auto Zone. Mr. Perrin explained he had received calls regarding the property.
Councilman Province inquired about the status of signalization lights on both Caraway at Phillips Drive and Caraway at Parker Road. Mayor Brodell stated he was unsure why the projects were not completed, but understood that equipment had not yet arrived. Mayor Brodell stated he would be meeting with Dan Flowers of the State Highway Commission this week and would check on the projects.
Councilman Province requested members of the Building Committee stay after the Council meeting for the purpose of setting a committee meeting date.
With no further business, the meeting was adjourned.