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Minutes for the City Council meeting on June 21, 1993
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APPEAL HEARING - An Appeal Hearing was held regarding the MAPC decision to grant setback variances to Mr. Robert Rees for the purpose of constructing a pick-up dry cleaning service, located off of Nettleton at Cole Street. Mr. Don Latourette submitted a diagram showing setbacks as required by code, with and without parking allowances. Also Mr. Latourette submitted a comparison of what variances Mr. Rees was asking for and what is required by code, giving the percentage ratio between the two. Mr. Latourette stated the variances were excessive and the lot was too small for the size building Mr. Rees intends to build, and reminded the Council once variances are established they cannot be changed, even if the property is sold. Mr. Rees argued inadequate parking would deter any prospective buyers. However, Mr. Dan Fulton, spokesperson for Consumer Pharmacy in Memphis, explained there would be adequate parking without the drive through. Mr. Paul Minton, owner of the Allied Brokerage Firm, stated his business was located next to the main Magic Touch Laundry on Caraway, and listed several ways Mr. Rees had taken advantage of variances in the past. In closing Mr. Latourette read a portion of the variance code which stated that variances could be granted as long as it did not harm the public health, safety or welfare.
CITY COUNCIL MINUTES - June 21, 1993
The Jonesboro City Council met in regular session at 7:30 p.m. Present were the Mayor, City Clerk, City Attorney and all council members with the exception of Councilwoman Ingram and Councilman Evans who were both unable to attend.
The minutes of June 7, 1993, were approved as amended by motion of Councilman Mullenix, seconded by Councilman Harpole. The motion amended the name of Danny Hines to Danny Honnell. A roll call vote was taken resulting in all council members voting aye.
Councilman Vance moved, seconded by Councilman Harpole to over-ride the Variance Committee's decision regarding the above mentioned appeal hearing. A roll call vote was taken resulting in all council members voting aye with the exception of Councilman Hannah who voted nay.
Councilman Harpole offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE, PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND OTHER PURPOSES. (D. MULHOLLEN/ PHILLIPS INVESTMENTS)
Councilman Vance moved, seconded by Councilman Wise, to suspend the rules and place on the second reading. A roll call vote was taken resulting in all council members voting aye.
Councilman Vance offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE, PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND OTHER PURPOSES. (D. MULHOLLEN/ WAL-MART INC.)
Councilman Harpole moved, seconded by Councilman Bowers to suspend the rules and place on the second reading. A roll call vote was taken resulting in all council members voting aye.
Councilman Hannah moved, seconded by Councilman Wise to further suspend the rules and place on the third and final reading. A roll call vote was taken resulting in a seven (7) to three (3) vote in favor of the motion. However, a two-thirds (2/3) vote was needed so the motion for a third reading was denied.
Councilman Bowers offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE, PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND OTHER PURPOSES. (NEIL STALLINGS)
Councilman Mays moved, seconded by Councilman Hannah to suspend the rules and place on the second reading. A roll call vote was taken resulting in all council members voting aye.
Councilman Bowers offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE, PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND OTHER PURPOSES. JAYBEE ENTERPRISES)
Councilman Wise moved, seconded by Councilman Vance to suspend the rules and place on the second reading. A roll call vote was taken resulting in all council members voting aye.
Councilman Kelton offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE, PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND OTHER PURPOSES. (G. BURNETT/AAA COOPER TRANSPORTATION)
Councilman Harpole moved, seconded by Councilman Vance to suspend the rules and place on the second reading. A roll call vote was taken resulting in all council members voting aye.
Councilman Kelton offered the following ordinance for the first reading:
AN ORDINANCE TO AMEND SECTIONS 14.08.02 (D)4, 14.08.03 (D)4, AND 14.08.04 (D)4 OF THE CODE OF ORDINANCES OF THE CITY OF JONESBORO ARKANSAS TO CHANGE THE CRITERIA FOR ACCEPTABLE ACCESSORY BUILDINGS IN RESIDENTIAL ZONING DISTRICTS.
Councilman Hannah asked Councilman Kelton if this was a recommendation of the Planning Committee. Councilman Kelton stated the Planning Committee had reviewed the original ordinance and the only change made was the omission of storm shelters. Councilman Kelton stated the Planning Committee was recommending the amended ordinance. Councilman Vance recommended adding an Item D to the ordinance regarding lot size. In response Councilman Kelton replied the committee's biggest concern was the protection of small property owners.
The decision was made to pull Item G, an ordinance to waive the bidding process for roof repair and replacement so it could be re-bid.
Councilman Harpole moved, seconded by Councilman Kelton to set a public hearing regarding the establishment of the Farm Creek Subdivision Improvement District number Five, for 7:00 p.m. on July 6, 1993, due to the fourth of July holiday. A roll call vote was taken resulting in all council members voting aye. Councilman Vance questioned if a deadline could be set as to when names could be added or deleted to the petitions which are submitted to the Clerk's office. Attorney Jim Lyons stated the statues do not mention such a deadline. However, City Attorney, Pam Honeycutt stated there is case law regarding fraudulent misrepresentation.
Councilman Vance offered a resolution listing findings and determinations for the Farm Creek Subdivision Improvement District number five. Councilman Hannah moved, seconded by Councilman Vance, for the adoption of the resolution. A roll call vote was taken resulting in all council members voting aye. The resolution was given the number 1993:21.
Councilman Hannah moved, seconded by Councilman Harpole to adopt a resolution giving Interim Police Chief, Jack McCann a bonus for his added work responsibilities. A roll call vote was taken resulting in all council members voting aye. The resolution was given the number 1993:22.
Councilman Mays offered a resolution to adopt and support the "I-66 Feasibility Study". Councilman Mays moved, seconded by Councilman Hannah for the adoption of the resolution. A roll call vote was taken resulting in all council members voting aye. The resolution was given the number 1993:23.
Councilman Bowers offered a resolution to condemn property located at 700 Warren. Councilman Bowers moved, seconded by Councilman Perrin for the adoption of the resolution. A roll call vote was taken resulting in all council members voting aye. The resolution was given the number 1993:24.
The following bids were considered:
93:37 - Worker's Comp. Insurance - All Departments
Councilman Hannah moved, seconded by Councilman Mays to accept a bid from Arkansas Municipal League, at a $40,000.00 decrease from last year. No other companies offered a bid. A roll call vote was taken resulting in all council members voting aye.
93:39 - Used Tractor - Sanitation/Landfill
This bid was pulled due to the Parks Department donating a used tractor to the Sanitation Department.
93:40 - Compost Turner - Sanitation/Landfill
Councilman Hannah moved, seconded by Councilman Mullenix, to accept the recommendation of the Sanitation Committee to accept a bid from the Bucy Company at
$53,302.50. A roll call vote was taken resulting in all council members voting aye.
Councilman Hannah moved, seconded by Councilman Harpole to approve a lease agreement allowing City Water and Light to conduct a composting facility to handle material produced within the City of Jonesboro.
Councilman Harpole moved, seconded by Councilman Vance to accept Mayor Brodell's recommendation of Betty Shaw to the MAPC with term to expire March of 1996.
Under new business Councilman Mullenix expressed concern over the Watson Community Center regarding the hours it would be open. Councilman Harpole responded by saying Councilman Evans intends to call a meeting of the Parks and Recreation Committee, and discuss opening the center from 1:00 p.m. till 8:00 p.m., Monday through Friday.
Councilman Mays read a letter from the Arkansas Highway Commission outlining their commitment regarding Southwest Drive. Councilman Mays also recommended referring a letter from Dr. Clopton to the Parking Committee, and in closing Councilman Mays informed the council of a change in the Street Department, of deleting two part-time positions and adding one full-time position, with no change in funding.
Councilman Hannah moved, seconded by Councilman Wise to adopt a resolution giving Mr. David Eagle a $500.00 bonus for his added work responsibilities as Interim Finance Director. A roll call vote was taken resulting in all council members voting aye. The resolution was given the number 1993:25.
With no further business the meeting was adjourned.