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Minutes from the City Council meeting on August 2, 2005
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CITY COUNCIL MINUTES - AUGUST 2, 2005
The Jonesboro City Council met Tuesday, August 2, 2005, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Douglas Formon, City Clerk, Donna K. Jackson, City Attorney Phillip 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 Councilwoman Furr to approve the minutes of a Special Called meeting held July 8, 2005, and a regularly scheduled meeting held July 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.
Finance Director, Larry Flowers delivered an oral financial report through the month of June. He explained the Operations and Maintenance Fund had increased by $800,000 which was predicted. He explained 24% of the 2005 project appropriations have been spent and the Capital Improvement Fund has declined due to transfers to the MATA Fund, and expected to decline further with the transfer of qualifying fixed assets.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL 9R-10 TO COMMERCIAL (C-3), LOCATED ON THE WEST SIDE OF HIGHWAY 351 JUST NORTH OF HIGHWAY 49 (J. Wade)
Councilman Moore 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: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley. Councilman Perrin moved, seconded by Councilman Street 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 3562.
The following ordinance was on the third and final reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-2) TO COMMERCIAL (C-1), LOCATED ON THE SOUTH SIDE OF WASHINGTON AVENUE, EAST OF BRIDGE STREET AND WEST OF KITCHEN STREET (City of Jonesboro & St. Bernard’s Regional Medical Center).
Councilman Perrin moved, seconded by Councilman Dover 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 Street 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 3563.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM C-4, RESIDENTIAL COMMERCIAL TO C-3, GENERAL COMMERCIAL DISTRICT, LOCATED AT 3425 E. HIGHLAND. (Ronnie Johnson)
Councilman Moore moved, seconded by Councilman Perrin 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.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE-FAMILY MEDIUM DENSITY DISTRICT TO R-5 WITH A (10) TEN UNITS PER ACRE RESTRICTION, LOCATED ON THE WEST SIDE OF NORTH PATRICK STREET NORTH OF BELT STREET. (Randy Simpkins and Danny Wallis)
Councilman Moore moved, seconded by Councilman Farmer 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. City Planner David Harris explained in the ordinance, the restriction stating “10 units per acre” a unit is defined as a single living space. Councilman Perrin reading from the MAPC minutes questioned if this request was an appeal since it came with no recommendation from the MAPC. City Attorney Crego stated the MAPC minutes were unclear in that the request was forwarded to the City Council with no recommendation. Mr. Harris stated according to the Jonesboro Zoning Ordinance, the procedure for coming to City Council is the same whether MAPC recommends or not. Several council members questioned if that be the case why does the City Council hold appeal hearings at all. Ms. Carolyn Tinsley spoke in opposition to the rezoning stating she was concerned about the health and safety issue due to the number of apartments and increased traffic. Ms. Tinsley stated she was concerned for the safety of children who would have to walk on Patrick Street which is narrow and has no sidewalks. She explained the apartments already located in the area are not managed or maintained causing an increase in crime. She also objected to the amount of traffic on N. Patrick if the zoning request was approved, and recommended a “STOP” sign on Belt Street. Mr. Randy Simpkins, owner of the property explained only six members of the MAPC were present at the meeting and five affirmative votes were needed for passage. He stated MAPC member, Gene Vance instructed him to bring his request, as is, to the City Council without a recommendation. He explained they property was surrounded on all sides, with the exception of the east side, by Residential -2 and Residential - 3 properties. Councilman Hargis requested a recommendation from City Planner David Harris. Mr. Harris responded saying infrastructure should be in place to support the development of the property, but the question was too big to give an immediate answer that Patrick Street could support the Simpkins development. Several council members questioned if the Planning Office was supporting the zoning request. It was explained discussion is held at MAPC meetings and the City Planner should give a recommendation based on his expertise and MAPC discussion. It was further explained city council members are not professional city planners, and input from the City Planner is valuable in making an informed decision. Councilman Perrin and Councilman Farmer requested a recommendation from Mr. Harris prior to the third reading of the ordinance scheduled for August 16th, 2005. Mr. Harris stated in the future he would submit a recommendation on all zoning matters to members of the City Council. Discussion followed regarding whether the matter should have been handled as an appeal. Questions were raised regarding the number of commissioners present. Mr. Harris explained there was a quorum present and the Chair could have voted to pass the measure. Reading from the zoning ordinance, Mr. Harris read, “If the Planning Commission does not recommend approval . . .” then it may be appealed. City Attorney Crego stated the appropriate request was not made to the City Clerk and there is a thirty day time frame to make the request. Councilman McCall stated he knew of other instances where the City Council voted on zoning requests with no recommendation from the MAPC. Councilwoman Furr stated the question needed to be clarified prior to it being addressed again.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL-1 TO COMMERCIAL C-3, LOCATED AT 2001 E. NETTLETON. (Berl Smith/Bobby Gibson, Attorney)
Councilman Farmer 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: Farmer, Province, Hargis, Moore, Williams, Perrin, Street, Johnson, Dover, Furr, McCall, and Ashley.
Councilman Dover offered the following ordinance for first reading:
ORDINANCE TO AMEND THE 2005 ANNUAL BUDGET BY THE ADDITION OF ONE ADMINISTRATIVE SECRETARY POSITION FOR THE FIRE DEPARTMENT.
Councilman Perrin moved, seconded by Councilman Moore to suspend with the second and third readings. 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 Dover 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 Moore moved, seconded by Councilman Street 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 number 3564.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO AMEND THE 2005 ANNUAL BUDGET FOR THE PURCHASE OF A FIRE PUMPER TRUCK APPARATUS.
After the first reading of the ordinance, Councilman Farmer questioned if the funds are transferred would it go beyond the 25% limit set for capital improvements of a public nature. It was decided funds did not need to be appropriated since the funds existed in fixed assets, but rather just amend the budget to reflect the increase from $300,000 to $366,000. Councilman Farmer moved, seconded by Councilman Perrin to withdraw the ordinance until the next city council meeting to allow time for review. 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 Dover offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE PURCHASE OF A FLAMELESS POTHOLE PATCHER.
Councilman Perrin moved, seconded by Councilman Moore to suspend the rules for the second and third readings. 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 explained they were waiving the bids because this was a demonstration model and would be a substantial savings for the City of Jonesboro, even though the warranty would be for six months rather than one year. 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. Councilman Farmer moved, seconded by Councilman Perrin 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 3565.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE ACCEPTING THE BID OF MEADOWS CONSTRUCTION COMPANY AND FOR THE TRANSFER OF FUNDS FROM MATA TO CAPITAL IMPROVEMENTS FOR THE FOX MEADOW PROJECT.
Councilman Perrin moved, seconded by Councilman Moore to suspend the rules for the second and third readings. 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 Street moved, seconded by Councilman Johnson 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 3566.
Councilman Perrin moved, seconded by Councilman Dover to amend a resolution for the execution of a lease agreement with Best Manufacturing for property located at 107 Flint Street, changing the wording from two 60 day extensions to two six month extensions. 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 Street for the adoption of the resolution as amended. 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 2005:87.
Councilman Perrin moved, seconded by Councilman Street for the adoption of a resolution accepting the bid of Pierce Manufacturing and authorizing the purchase of a fire engine. 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 2005:88.
Councilman Street moved, seconded by Councilman Johnson for the adoption of a resolution requesting City Water and Light to provide free utility service for traffic lights at 617 W. Johnson and 727 W. Johnson. 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 2005:89.
Agenda Items 9 and 10 resolutions authorizing contracts with Peter’s and Associates had been approved previously at a special called meeting held July 8, 2005.
Councilman Street moved, seconded by Councilman Johnson for the adoption of a resolution accepting permanent drainage easements located in Spring Valley Subdivision. 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 2005:90.
Councilman Perrin moved, seconded by Councilwoman Williams for the adoption of a resolution appointing the following members to the Community Transportation Advisory Board with the following expirations dates:
Ward One: Rick Barker 04/01/2007
Ward Two: Mildred Lewellen 04/01/2008
Ward Three: Michael Harris 04/01/2009
Ward Four: June Morse 04/01/2007
Ward Five: Everett Fair 04/01/2008
Ward Six: Jimmy Ashley 04/01/2009
Member at Large: Flo Jones 04/01/2007
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 2005:91.
Councilman Perrin moved, seconded by Councilman Street for the adoption of a resolution adding the position titles of Firefighter/Mechanic, Firefighter/Radio Technician, Police Fleet, Equipment and Purchasing Officer, and Police Sergeant/Radio Technician to the City of Jonesboro Pay Plan. 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 2005:92.
Councilman Moore moved, seconded by Councilwoman Williams for the adoption of a resolution moving the positions of Police Chief and Fire Chief to Grade 25 with no addition of funds to the 2005 city budget. 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 2005:93.
Under public comment Mr. Randy Simpkins addressed the City Council asking what he should do next regarding the rezoning request. Councilman Perrin instructed Mr. Simpkins to get a copy of the information to be provided by City Planner David Harris, and then draw his own conclusion based on the information.
With no further business, Councilman Johnson moved, seconded by Councilman Ashley 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.