title
Minutes for the City Council meeting on November 15, 1999
body
APPEAL HEARING - 6:10 P.M. - Regarding denial by the Metropolitan Area Planning Commission to rezone property from Residential R-1 to Industrial I-1, located at Rook Road and Richardson Road. Attorney Scott Emerson represented several residents who where in opposition to the rezoning. Mr. Emerson explained that the Metropolitan Area Planning Commission denied the request by a seven to zero vote for reasons of spot zoning, because the area was annexed in and is surrounded by R-1 zoning. He stated it was their understanding that mini storage buildings would be built there and expressed concern over the possible operation of flea markets out of the mini storage buildings. He stated this would devaluate property values, and cause an increase in crime. Another concern was safety regarding a railroad crossing in which the view would be blocked by the mini storage structure. In response, Attorney Arlon Woodruff representing Mr. and Mrs. Rick Turman, handed out a packet containing pictures of the area, a plat showing nearby zoning, and other information. He stated the property is surrounded by different types of Commercial and Industrial zoning and the owner of residential property to the east and north-east had no opposition to the Industrial zoning request. Attorney Woodruff stated the property in question is in a flood zone area and is not conducive to residential zoning. With regard to safety, Mr. Woodruff stated the Turman’s would comply with all set back regulations as required by City Code. He stated property values will likely increase if zoned Industrial rather than Residential.
PUBLIC HEARING - 6:25 P.M. - A public hearing was conducted as requested by Mr. Jack Poling, for the purpose of vacating and abandoning Gold Coast Drive located in the Outback 2nd Addition. No opposition was voiced.
CITY COUNCIL MINUTES - November 15, 1999
The Jonesboro City Council met Monday, November 15, 1999, at 6:30 p.m. A full quorum was in attendance. Present were: Mayor Hubert Brodell, City Clerk Donna K. Jackson, City Attorney Phillip Crego and 12 council members. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy.
Councilman Perrin moved, seconded by Councilman Young for approval of the minutes from November 1, 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, Perrin and Roddy.
Councilman Moore offered the following ordinance for first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Rick Turman)
Councilman Young moved, seconded by Councilman Tate 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, Perrin and Roddy. The decision was made to hold the ordinance for third reading until December 6, 1999.
Councilman Copeland offered the following ordinance for first reading:
ORDINANCE TO VACATE AND ABANDON GOLD COAST DRIVE LOCATED IN OUTBACK 2ND ADDITION (Jack Poling)
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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Tate 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 voting aye were: Kelton, Tate, 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned number 3173.
Councilman Tate offered the following ordinance for first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Kathy Howell)
Councilman Tate 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, Perrin and Roddy. Councilman Tate 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 voting aye were: Kelton, Tate, 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The ordinance was assigned ordinance number 3174.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO AMEND TITLE 6 OF THE JONESBORO CODE OF ORDINANCES, PROVIDING FOR AN ANNUAL VACCINATION AGAINST RABIES OF CATS FROM THREE MONTHS OF AGE AND DECLARING AN EMERGENCY
Councilman Moore 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 voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy. The decision was made to hold the ordinance for third reading until December 6, 1999.
Councilman Rega offered the following ordinance for first reading:
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PURCHASE AND INSTALLATION OF TWO (2) FIVE TON HEATING AND AIR CONDITIONING UNITS FOR THE BUILDING LOCATED AT 407 UNION STREET
Councilman Perrin moved, seconded by Councilman Young to suspend with the reading of the ordinance in its entirety and 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, Perrin and Roddy. Councilman Rorex questioned why the ordinance was an emergency. Mayor Brodell responded saying work on the building was in progress and without the emergency clause it causes a delay in the completion of the building. Mayor Brodell further stated Purchasing Agent, Steve Kent and Larry Johnson took bids on the project, but explained they were not sealed bids. Councilman Rorex inquired if other air conditioning companies were given a chance to bid on the project. Mayor Brodell responded saying he did not know. Councilman Tate stated if they advertized it would take thirty days to acquire the bids. Councilman Rorex agreed but responded by saying we knew that thirty days ago. Councilman Young moved, seconded by Councilman Kelton to suspend the rules and place on second reading by title only. A voice vote was taken resulting in all members voting aye, with the exception of Councilman Rorex who voted nay. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rega, Province, Copeland, Moore, Perrin and Roddy. Councilman Rorex questioned Mr. Larry Flowers, Finance Director if he knew if any other contractors were allowed to bid on the project. Mr. Flowers stated no he did not know the details surrounding the bidding process for this particular project. Councilman Tate stated the price for the project was not out of line with a similar job he had done recently. Councilman Rega moved, seconded by Councilman Perrin to suspend the rules and place on third and final reading. A roll call vote was taken resulting in a six to six vote. Councilman Rorex stated he voted nay because there was not an emergency and because other contractors should have a chance to bid on the project. Those members voting nay were: McCall, Young, Crockett, Rorex, Moore, and Perrin. Those members voting aye were: Kelton, Tate, Rega, Province, Copeland, and Roddy. The motion to suspend the rules for a third reading failed for lack of a two thirds majority.
Mayor Brodell recognized Mr. Bill Ebbert who questioned if the units had been sized and by whom. Mayor Brodell stated the units had been sized by trained individuals, but was unsure who the professionals were.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE ABANDONING THE NORTH ELEVEN FEET OF THE NETTLETON BAPTIST CHURCH REPLAT AND CONFIRMING METROPOLITAN AREA PLANNING COMMISSION APPROVAL OF NETTLETON BAPTIST CHURCH ADDITION
Councilman Perrin moved, seconded by Councilman Young to suspend the rules and place on second reading 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, Perrin and Roddy. Councilman Young moved, seconded by Councilman McCall to further suspend the rules and place on third and final reading 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, Perrin and Roddy. Councilman Perrin moved, seconded by Councilman Young 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, Perrin and Roddy. The ordinance was assigned number 3175.
Councilman Young offered the following ordinance for first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Robin Nix)
Councilman Young moved, seconded by Councilman Rorex to suspend the rules and place on second reading by title only. Discussion followed between Mr. Mark Mayfield and Attorney Nix, regarding the number of readings requested. A voice vote was taken resulting in all members voting aye with the exception of Councilman Copeland and Councilman Rega. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Province, Moore, Perrin and Roddy. The motion for a second reading was approved. The ordinance was read a second time.
Councilman Perrin offered the following ordinance for first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 KNOWN AS THE ZONING ORDINANCE PROVIDING FOR CHANGES IN ZONING BOUNDARIES AND FOR OTHER PURPOSES (Kent Arnold)
Councilman Young moved, seconded by Councilman Moore to suspend the rules and place on second reading by title only. A voice vote was taken resulting in all members voting aye with the exception of Councilman Copeland and Councilman Rega. Those members voting aye were: Kelton, Tate, McCall, Young, Crockett, Rorex, Province, Moore, Perrin and Roddy. The motion for a second reading was approved. The ordinance was read a second time.
Councilman Young moved, seconded by Councilman Perrin to set an appeal hearing regarding denial by the Metropolitan Area Planning Commission to rezone property from Residential (R-1) to Commercial (C-3), located at 102 Ranchette Drive for Brenda Gregory. The hearing was set at 6:10 p.m. on December 6, 1999, at Council Chambers located at 900 W. Monroe. 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, Perrin and Roddy.
Councilman Roddy moved, seconded by Councilman Perrin for the adoption of a resolution documenting the review of the annual audit of the City of Jonesboro for the year ended December 31, 1998, and providing for appropriate action on audit findings and recommendations. 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, Perrin and Roddy. The resolution was assigned resolution number 1999:56.
Councilman Moore moved, seconded by Councilman Crockett for the adoption of a resolution establishing a forum by which the Police Department may make suggestions and recommendations to the Jonesboro Police Committee. Councilman Moore reported the resolution had been heard and approved unanimously (4 to 0) by the Police Committee. Councilman Kelton questioned the purpose of the resolution. Councilman Moore responded that City Clerk, Donna Jackson had stated because the Police Committee was a permanent committee it would have to be changed by resolution or ordinance. Again Councilman Kelton asked for clarification. Councilman Moore stated that according to City Clerk, Donna Jackson in order to change the way a voting committee operates it would take a resolution or ordinance. He further stated the resolution would allow three individuals to speak on behalf of the entire Police Department and the Police Committee would only deal with the three representatives instead of the entire police force. Councilman McCall questioned if Councilman Moore meant Police Officers are not allowed to attend Police Committee meetings without something on paper. Councilman Rorex stated the way the resolution reads the Police Committee could not meet without the presents of the three representatives. Councilman Moore responded stating the resolution requires the three representatives to be notified of Police Committee meetings. Councilman Tate stated all Police Committee meetings were open to the public. Councilman Rega stated the resolution is permitting a voice that the police department already has, but limiting who may come and address the police committee to three people. Councilman Rega stated this would take away more than the officers already have. Councilman Moore responded saying it does not mean other officers could not attend. Councilman Rega questioned the need for the resolution if police officers are allowed to attend anyway. Councilman Moore responded saying some police officers do not feel they can come and speak to the Police Committee. Councilman Tate stated the Police Department could choose three representatives without the Council passing a resolution. City Clerk, Donna Jackson responded stating it was her understanding that Councilman Moore wanted to know who would be responsible for changing the proceedings of the Police Committee, not how it should be done. She stated she referred Councilman Moore to Arkansas State Statute 14-43-501 - Organization of City Council and its proceedings. Clerk Jackson stated she was then asked if it should be done by resolution or by ordinance. She explained she had recommended an ordinance so there would be a permanent record of the change. Councilman Moore stated he was under the impression it had to be done by resolution. City Clerk, Donna Jackson responded it is not a requirement that the change be done by resolution or ordinance only a recommendation so there would be a permanent record of the change. A roll call vote was taken resulting in all members voting nay with the exception of Councilman Moore who voted aye. Those members voting nay were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Perrin and Roddy. The motion was denied.
Councilman Rega announced that the Personnel & Insurance Committee recommended a negotiated rate of 14.5 percent increase on major medical and drug coverage with Blue Cross Blue Shield. He explained there had been no increase in Delta Dental coverage. Councilman Young explained the increases were reflected in the revised budget which had been provided to Council. Councilman Young further stated he would call a Finance Committee meeting prior to the December 6, 1999, Council meeting to discuss the final budget and to make recommendations for adoption to the full Council on December 6, 1999. Councilman Rega moved, seconded by Councilman Young to indorse the recommendations of the Personnel & Insurance Committee to continue with Blue Cross Blue Shield with 14.5 percent increase. A voice vote was taken resulting in all members voting aye, with the exception of Councilman McCall who abstained from voting. Those members voting aye were: Kelton, Tate, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, Perrin and Roddy.
Councilman Roddy announced a bid opening for Mays Addition Phase I for sewer improvements and recommended accepting Cameron Construction Company, Inc. for $167,633.50. Councilman Roddy moved, seconded by Councilman Perrin to accept the low bid meeting bid specifications. 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, Perrin and Roddy.
With no further business, the meeting was adjourned.