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Minutes for the City Council meeting on July 1, 1996
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PUBLIC HEARING - 5:35 P.M. - A Public Hearing was held to close a twenty (20) foot utility easement between Lot 2R and Lot 4R and close a twenty (20) foot utility easement on the south line of Lot 5 between Lot 5 and Lot 2R. Both easements are located in the Thomas Addition, Caprice at Malibu. The request was made by Phillips Investments, Inc., represented by their attorney, Jim Lyons. No opposition was voiced.
PUBLIC HEARING - 5:45 P.M. - A Public Hearing was held to close a drainage easement, located on Peabody Drive east of Stadium. The request was made by Phillips Investments, Inc., represented by their attorney, Jim Lyons. No opposition was voiced.
PUBLIC HEARING - 6:00 P.M. - A Public Hearing was held to vacate an easement located in the Brownstone Addition. The request was made by Vance Brown. No opposition was voiced.
APPEAL HEARING - 6:10 P.M. - An Appeal Hearing was held regarding stipulations made by the Metropolitan Area Planning Commission for replat of property located on Main, Campus and Church Streets. The request for an Appeal Hearing was made by Mr. Robert Rees, and his attorney, Mr. C. M. Mooney, Sr. Mr. Mooney declared the Council did not have the authority to stipulate land easements of an individual’s property without compensation. He cited the July 1992, Floyd Vuncannon Vs. City of Jonesboro case, noting the City of Jonesboro was ordered to pay restitution. Attorney Mooney explained when land has already been platted (developed), then the City must compensate for any property taken from a property owner. Only when land is undeveloped may the city require easements. Councilman Harpole asked if Mr. Rees was aware of the Traffic Plan (required easements) prior to purchasing this property. Mr. Rees did not respond, but Mr. Mooney stated he (himself) was unaware of an ordinance adopting a Master Traffic Plan, and requested a copy of the ordinance/s. Mr. Mooney was provided with...
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