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Minutes for the City Council meeting on December 2, 2002
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APPEAL HEARING - 6:00 P.M. - An appeal hearing was conducted for the purpose of hearing comments of the denial by the Metropolitan Area Planning Commission for a zoning change from Residential (R-1) to Commercial (C-3), located at 5205 E. Johnson Ave. as requested by Mr. Bill Cope and attorney, Martin Lilly. Attorney Lilly argued zoning on the south side of Johnson Ave. was largely commercial, giving examples of Urgent Care Clinic and Cornerstone Methodist Church. He stated due to a five-lane road the property has little or no value as residential, and the highest and best use would be commercial. Mr. Richard Carvell spoke in opposition to the zoning change, representing an organization called Respect Our Neighborhoods (RON's), and explained the land use plan does not show this land as commercial. City Planner, Glenn Batten reported that the Metropolitan Area Planning Commission voted unanimously to deny the zoning request for various reasons. First he explained it was a classic case of spot zoning and gave the following parts for determining spot zoning:
(1) Is the proposed rezoning compatible with the surrounding area in terms of land use and zoning? Mr. Batten stated in this case the answer is no.
(2) Is the proposed rezoning consistent with the city's Comprehensive Plan? Again Mr. Batten stated the answer in this case was no.
(3) Would the proposed rezoning meet a public need or provide a public benefit? Mr. Batten stated the rezoning would not in this case.
(4) Would the proposed rezoning solely benefit the property owner? Mr. Batten contended in this case it would. Other reasons given for denying the rezoning were as follows:
(1) The zoning proposal is inconsistent with the Jonesboro Comprehensive Plan;
(2) The rezoning is not consistent with the public interest;
(3) The rezoning is incompatible with the zoning, uses, and character of the surrounding area, which is residential in nature;
(4) If rezoned, commercial uses would likely have a detrimental effect on surrounding properties. Councilman Tate questioned Mr. Batten regarding frontage property being commercial down Highway 49 with residential zoning behind the commercial frontage property. Mr. Batten stated he would hope the Jonesboro City Council would follow the Comprehensive Plan, and not create another Caraway Road. Councilman Tate, Councilman Crockett, and Councilman Rorex stated they did not agree that this was spot zoning. Councilman Tate stated he would not have voted for the land use plan had he known everything that has been brought up over the last four years would be compared to the land use plan. He explained it was his understanding the plan was to be a guide and could be changed as needed. Councilman Roddy questioned if the property in question touched commercial property. Mr. Batten responded it did not. He also stated the property did not have sewer. Councilman Tate responded saying sewer should not be an issue for rezoning. Councilman Copeland compared the current zoning request to one at the intersection of Highland Drive and Harrisburg Road. He explained the Council had denied the rezoning request because it was determined there had to be a stopping point for commercial zoning. Mr. Batten concurred and also cited Best Petroleum as another example of residential/commercial zoning. Councilman Tate stated if the Council accepts Mr. Batten's recommendation the City of Jonesboro will have one block of residential zoning with commercial everywhere else. Attorney Lilly reminded Council there was a five-lane highway in front of this property and contended the only spot zoning was the residential area, since everything else was commercial. He questioned the land use plan and asked who determined it would be beneficial to have residential located in that particular area.
CITY COUNCIL MINUTES - December 2, 2002
The Jonesboro City Council met Monday, December 2, 2002, at 6:30 p.m. A full quorum was in attendance. Present were: City Attorney, Phillip Crego, City Clerk, Donna K. Jackson, and eleven council members. Those members were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. Councilman McCall was unable to attend. Vice Mayor Young presided over the meeting in the absence of Mayor Brodell.
Councilman Roddy moved, seconded by Councilman Perrin to approve the minutes of November 18, 2002, as previously delivered. A voice vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy.
Councilman Tate offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1) TO COMMERCIAL (C-3), LOCATED AT 5205 E. JOHNSON AVENUE. (Bill Cope, Martin Lilly, Attorney)
Councilman Tate moved, seconded by Councilman Crockett to suspend the second and third readings. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. Councilman Tate moved, seconded by Councilman Crockett for the adoption of the ordinance. A voice vote was taken resulting in an eight to three vote in opposition to the motion. Those members voting nay were: Kelton, Rega, Province, Moore, Young, Perrin, Copeland, and Roddy. Those members voting aye were: Tate, Rorex, and Crockett. The motion failed.
Councilman Crockett offered the following ordinance for first reading:
ORDINANCE TO REZONE PROPERTY FROM RESIDENTIAL (R-1 AND R-3 TO COMMERCIAL C-3), LOCATED ON THE NORTH SIDE OF W. WASHINGTON, WEST OF STRATFORD DRIVE. (Skip Macon)
Councilman Rorex moved, seconded by Councilman Crockett to suspend the second and thrid readings. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. Councilman Rorex moved, seconded by Councilman Crockett for the adoption of the ordinance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. Councilman Rega moved, seconded by Councilman Perrin for the emergency clause. A roll call vote was taken resulting in all members voting aye. Those members were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. The ordinance was assigned ordinance number 3385.
Councilman Perrin offered the following ordinance for first reading:
ORDINANCE ADOPTING A 2003 ANNUAL BUDGET FOR THE CITY OF JONESBORO
Councilman Rega moved, seconded by Councilman Perrin to suspend the rules and place on the second reading. Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. The decision was made to hold the ordinance until the next council meeting so questions could be answered pertaining to a decreased Inspection deparment budget and the newly created MPO Department.
Councilman Tate moved, seconded by Councilman Crockett for the aodption of a resolution authorizing the placement of the following traffic signs:
STOP SIGN:
On Crescent Street at the intersection of Crescent and West Matthews.
SPEED LIMIT SIGN:
25 MPH on Freeman Street from West Matthews to Rainwood Street.
NO PARKING SIGN:
On N. Fisher Street in front of the Adult Education and Alternative School Building.
A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. The resolution was assigned number 2002:59.
Councilman Rega moved, seconded by Councilman Crockett to accept low bid
( Bid No. 2002:28 ) meeting specifications of Town and Country Intl. on a 24 month Lease Purchase Agreement for two dozers for the Sanitation Department in the amount of $140,700.00 per unit (Case 1850 K) with an extended warranty of $6,700.00. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy.
Councilman Tate moved, seconded by Councilman Crockett for the adoption of a resolution supporting a study of a highway plan, upgrade to interstate connector status for the proposed future I-30, I-555, and I-730. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy. The resolution was assigned number 2002:60.
Councilman Rega moved, seconded by Councilman Crockett to accept the recommendation of the Personnel Committee to accept the Bid of Blue Cross Blue Shield for medical insurance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy.
Councilman Rega moved, seconded by Councilman Crockett to accept the bid of Town and Country No. 2 for Life and Accidental Death Insurance. A voice vote was taken resulting in all members voting aye. Those members voting aye were: Kelton, Tate, Rorex, Crockett, Rega, Province, Moore, Young, Perrin, Copeland and Roddy.
Councilman Rega explained the Personnel Committee rejected all bids for dental insurance and made the decision to stay with the present carrier, Delta Dental Insurance.
Councilman Moore questioned if Mayor Brodell had provided a report for five projects (Greensboro Road, Nettleton School, Philadelphia Road, Kathleen Road and Industrial Drive) where discrepancies between plans and the construction existed. The letter was sent by Associated Engineering. Councilman Moore had requested the report at two previous council meetings. Vice Mayor Young stated in anticipation of that subject being brought up, he had spoken with Mayor Brodell who stated he had tried to call Councilman Moore, but had not been able to get in touch with him. Mayor Brodell left word with Vice Mayor Young to have Councilman Moore to call to set up a meeting with him and Aubry Scott. Councilman Moore responded saying the Mayor has not contacted him and therefore he wish to submit two Freedom of Information requests to be filed with City Clerk, Donna Jackson. Councilman Province stated he had met with Mayor Brodell who had informed him that he had tried to contact Councilman Moore numerous times, had left messages but Councilman Moore would not return his call. Councilman Province stated cooperation was a two-way street. Councilman Moore again stated the Mayor had not contacted him.
Dr. Richard Wang, resident of University Heights, questioned Vice Mayor Young about the Mayor's proposed 2003 budget with regard to the City of Jonesboro's share of matching funds for public transportation. Dr. Wang questioned if the plan was dead since the funds had not been allocated. Vice Mayor Young stated to his knowledge there has been no formal authority for the transportation initiative, so they did not know who the money would be going to. Vice Mayor Young assured Dr. Wang that the City Council was in favor of appropriating the $140,000.00 for the City of Jonesboro's portion for public transportation. He explained there were $400,000.00 in the Parking Meter fund originating from the sale of the Church Street Parking Lot, and anticipated the money would be appropriated once a formal authority has been created and a formal request made.
With no further business, the meeting was adjourned.