title
Minutes for the City Council meeting on May 7, 2001
body
PUBLIC HEARING 5:50 P.M. - A public hearing was conducted regarding the abandonment of unimproved portions of a fifteen foot (15') utility easement along the south and west property lines of Lot 5, Windover Plaza, Second Addition, Jonesboro Arkansas. The abandonment was submitted by Hilltop Development. No opposition was voiced.
PUBLIC HEARING 5:55 P.M. - A public hearing was conducted regarding the abandonment of unimproved portions of a twenty foot (20') utility easement running northeasterly across Lot 1 of Abernathy's Airport Road Second Addition to Jonesboro, Arkansas. The abandonment was submitted by Mike Warden. No opposition was voiced.
APPEAL HEARING 6:00 P.M. - An appeal hearing was conducted regarding the Metropolitan Area Planning Commission's recommendation to deny a zoning change from Residential (R-1) to Commercial (C-3), located at the northwest corner of Highland Drive and Wofford Street. Attorney Robin Nix, Jr. represented two clients, Ms. Elaine Hallum and Mr. Joe Heinemann. Mr. C.M. Mooney addressed Council first, representing those in opposition to the zoning change. He explained that all four corners of the intersection of Highland Drive and Wofford Street are residential, and the intersection is dangerous. Mr. Mooney explained the Arkansas Highway Department was currently considering changes to the intersection to make it safer for the community. Mr. Mooney stated Dr. Ruth Hawkins, of A.S.U. had already addressed Council, explaining that the Crowley's Ridge Scenic Byway went through the location and was in opposition to the zoning change. In closing, Mr. Mooney pointed out a zoning change to commercial would go against the Jonesboro Land Use Plan, and the recommendation of the Metropolitan Area Planning Commission (MAPC). Councilman Tate questioned why the MAPC recommended a C-5 zoning rather than a C-4. Dr. Ken Beadles, of the MAPC responded saying because C-5 was a quite commercial zoning, and would not increase the flow of traffic in that area. The question was asked, "If commercialization were to occur, what would stop commercial from spreading east of Wofford." Dr. Beadles responded saying nothing would stop further commercialization. The question was asked what was the vote of the MAPC. Dr. Beadles responded saying the MAPC vote was 5-1-1, five voting in favor of tabling the item, one opposed to tabling and 1 abstaining from voting. The reason for tabling was to allow the Arkansas Highway & Transportation Department (AHTD) time to complete their study of the intersection and know what changes will be made to improve the intersection and the realignment of opposing streets. Vice Mayor, Perrin questioned when the study would be completed. Attorney Nix stated it was his understanding that the study was done and no change was recommended. Mr. Mooney stated he had not seen any such report. Vice Mayor Perrin questioned the Mayor's Assistant, Larry Johnson regarding the study by the AHTD. Mr. Johnson stated they had received a letter making recommendations, but further study was going on and could take as much as eight months before it was completed. Attorney Nix reported that the Ebbert Family owned property in the area and had torn down a house and had not built the house back. Attorney Nix disagreed with Attorney Mooney's statements regarding the Scenic Byway, and the dangerous intersection. Attorney Mooney stated that if the Council rezones this property, it sets a precedent for future commercial zoning. Mr. Bill Ebbert stated his father had bought the house that Attorney Nix had mentioned, but because of threats of condemnation by the City of Jonesboro, he had the house taken down. Mr. Jeff Hawkins, City Planner was asked to respond to the zoning matter. Mr. Hawkins clarified that the MAPC did not recommend the whole area be zoned commercial C-3, but implied a recommendation of commercial C-5. Mr. Hawkins stated when he made his recommendation it was before he knew the AHTD was studying the intersection, and based on the information provided by that study, it would have a bearing on the zoning change.
CITY COUNCIL MINUTES - May 7, 2001
The Jonesboro City Council met Monday, May7, 2001, at 6:30 p.m. A full quorum was in attendance. Present were: City Clerk Donna Jackson, City Attorney Phillip Crego, and 11 council members. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. Councilman Roddy was unable to attend due to illness. Vice Mayor Perrin presided over the meeting for Mayor Brodell.
Councilman Rega moved, seconded by Councilman Crockett to approve the minutes of April 16, 2001, as provided. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin.
On behalf of Mayor Brodell, Vice Mayor Perrin presented an award certificate to the Crowley's Ridge Girl Scout Troop 193 for the successful completion of the Youth Service Arkansas Community Project. To accept the award was Troop Leader, Laura McCain. The Youth Service Arkansas is an opportunity for youth groups to give back to the local community through service that benefits its residents. The Crowley's Ridge Girl Scout Troop 193 had completed numerous community projects to receive this award.
The second presentation was given by Mr. Jason Wilkie of the Jonesboro Parks Department and the Jonesboro Miracles Basketball Teams. A parks program that provides sports activities for under privileged children. The boys and girls Miracles Basketball Team and their coaches presented a card and a trophy to Alderman Brian Rega, Chairman of the Parks Committee, who received the gifts on behalf of Mayor Brodell.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE TO VACATE AND ABANDON AN UNIMPROVED PORTION OF A FIFTEEN FOOT (15') UTILITY EASEMENT. (Hilltop Development)
Councilman Moore 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, and Perrin. Councilman Crockett moved, seconded by Councilman Moore to 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, and Perrin. Councilman Young moved, seconded by Councilman Crockett 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, and Perrin. Councilman Rega moved, seconded by Councilman Copeland for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. The ordinance was assigned ordinance number 3290.
Councilman Crockett offered the following ordinance for first reading:
ORDINANCE TO VACATE AND ABANDON AN UNIMPROVED PORTION OF A TWENTY FOOT (20') EASEMENT. (Mike Warden)
Councilman Moore moved, seconded by Councilman Rega 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, and Perrin. Councilman Young moved, seconded by Councilman Moore to 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, and Perrin. Councilman Young moved, seconded by Councilman Crockett 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, and Perrin. Councilman Rega moved, seconded by Councilman Crockett for the adoption of the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. The ordinance was assigned ordinance number 3291.
Councilman Rega offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3), LOCATED AT THE NORTHWEST CORNER OF HIGHLAND DRIVE AND WOFFORD STREET (Elaine Hallum and Joe Heinemann, Attorney Robin Nix, Jr.)
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 were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. Councilman Rega moved, seconded by Councilman Tate to further suspend the rules and place on third and final reading. A roll call 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, and Perrin. Councilman Tate moved, seconded by Councilman Moore for the adoption of the ordinance then later withdrew the motion and the second. Councilman Tate moved, seconded by Councilman Rega to amend the ordinance to delete the words" as recommended by the Metropolitan Area Planning Commission." A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. Dr. Ken Beadles spoke as a representative of the M.A.P.C., explaining that the decision was made to table the matter based on a study by the AHTD, and improvements that would be made to the intersection at Highland and Wofford. Dr. Beadles also explained that Wofford was a residential developed street and a less intense use should occur on that particular corner. Councilman Young reminded Council of a report by the Planning staff stating that the Land Use Plan indicated medium density residential along this part of east Highland, but acknowledged that given the location, it is not unexpected that commercial development pressures will eventually come to bear on undeveloped parcels. After much discussion, Councilman Rega moved, seconded by Councilman Tate to amend the ordinance by changing the zoning from Residential (R-1) to Commercial (C-4), a more transitional zoning. A roll call vote was taken resulting in a nine (9) to two (2) vote against the motion. Those members voting nay were: Kelton, McCall, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. The amendment failed. Councilman Tate move, seconded by Councilman Rega for the adoption of the ordinance as amended (to remove the wording, "as recommended by the Metropolitan Area Planning Commission.") A roll call vote was taken resulting in a six (6) to five (5) vote against the motion. Those members voting nay were: McCall, Crockett, Rorex, Province, Moore, and Perrin. Those members voting aye were: Kelton, Tate, Young, Rega, and Copeland. The ordinance was denied.
Councilman Moore offered the following ordinance for first reading:
ORDINANCE DECLARING IT UNLAWFUL TO DISTURB OR DESTROY "GPS GRID" SURVEY MARKERS OR MONUMENTS, AND ESTABLISHING PENALTIES FOR SUCH OFFENSE.
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, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. Councilman Moore moved, seconded by Councilman Tate to 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, and Perrin. Councilman Kelton moved, seconded by Councilman Rorex 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, and Perrin. The ordinance was assigned ordinance number 3292.
Councilman Tate moved, seconded by Councilman Crockett for the adoption of a resolution setting a public hearing for May 21, 2001, at 6:15 p.m. for the purpose of vacating an alley running north and south between Van Dyne Street and Bridge Street, adjacent to and between the west side of lots 12, 13, 14 and the east side of lots 9, 10, 11 all of Block 5 of Matthews Addition. Mr. and Mrs. Randy Simpkins and Ms. Jerrilyn Beeson had requested the public hearing. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. The resolution was assigned number 2001:15.
Councilman Young moved, seconded Councilman Crockett for the adoption of a resolution authorizing the Mayor and City Clerk to sell 11.906 acres in the Wind Chimes Industrial Addition, located on C. W. Post Road, to Packaging Plus, which is owned by Mr. Gregory Clark. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. The resolution was assigned number 2001:16.
Item seven (7) - Resolution requiring all future surveys tie to Jonesboro GPS GRID survey monuments, be tabled to the next meeting.
Councilman Rega moved, seconded by Councilman Young for the adoption of a resolution giving notice of the City of Jonesboro's intent to enforce paving requirements of Title 14 of the City Code. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, McCall, Young, Crockett, Rorex, Rega, Province, Copeland, Moore, and Perrin. The resolution was assigned number 2001:17.
Vice Mayor Perrin moved from Item 9 on the agenda to Item 10, New Business by Council. No new business by Council was discussed, so New Business by the Mayor was addressed next. Mr. Bill Ebbert addressed Council regarding increases in the Mayor, Assistant Mayor, and Alderman's salaries. Mr. Ebbert stated it was his understanding that the Salary Administration Plan was designed to bring everyone along at the same pace, but there was no evidence that this is being done. Mr. Ebbert stated that Alderman Kelton had suggested that we include all city employees in a pay raise, but this was not being done. Mr. Ebbert questioned when the City of Jonesboro started providing insurance coverage for its alderman, and when this was approved, but he argued no one seems to have this information. He questioned who was responsible for leasing city owned property, and gave the example of the United Way property. He questioned the profitability of the city's rental income, the losses and gains. He stated comments have been made that City Water and Light provides free service to the City of Jonesboro, but argued that it is not free, because it is the citizens of Jonesboro that pay for it. Mr. Ebbert questioned who was responsible for the new park on Union Street, explaining that the plants purchased and donated to the City of Jonesboro by the citizens, had not been cared for, and allowed to die. He argued that while the salaries of the leadership have increased, the salaries of the employees have not increased as rapidly as the Mayor, and other city officials. Mr. Ebbert reported he had spoken with Mr. Ed Gill who had volunteered to work on the deeds for the city, and said the work was incomplete and unable to be finished. He reminded Council of their Oath of Office to uphold city and state laws, and stated any leases, contracts and deeds are to be done by resolution and executed by the Mayor and City Clerk. He stated the Clerk's Office should be provided the city records. Mr. Ebbert closed by requesting Council to increase the salaries of city employees.
With no further business, the meeting was adjourned.