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81 Feb 19CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 REGULAR CITY COUNCIL MEETING - POLICE & COURTS BLDG. WEST MAIN STREET - JACKSONVILLE, ARKANSAS TIME: 7:30 P .M . - 9:37 P .M . MAYOR JAMES G. REID PRESIDING CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: The City Council of the City of Jacksonville, Arkansas, met in regular session on Thursday, February 19, 1981. Mayor Reid called the meeting to order, then gave the Invocation. The standing audience participated in the "Pledge of Allegiance To The Flag". ROLL CALL /ATTENDANCE RECORD: The City Clerk called the ROLL and the following were present: Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Alderman Keaton was absent for entire meeting. PRESENT: 9. ABSENT: 1. QUORUM DECLARED. Others present: Mayor Reid; Paul Groce, City Attorney, Bertha Tipton, Mayor's Secretary; Dept. Heads .and intrested citizens. PRESENTATION OF MINUTES: Mayor Reid presented the minutes of Regular City Council Meeting conducted on February 5, 1981 for study and later action at next regular meeting. APPROVAL AND /OR CORRECTION OF MINUTES: Alderman Hughes moved, seconded by Alderman Smith to approve the minutes of Regular City Council meeting held on January 15, 1981. Approved by unanimous voice vote. MOTION CARRIED. CONSENT AGENDA: Alderman Hughes moved, seconded by Alderman Wilson to approve the Daily Work Record for the Street Dept. for the month submitted by Superintendent Robert Martin. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. Alderman Hughes moved, seconded by Alderman Wilson to approve the outside city fire protection agreement approved earlier by Chief Smart for 8725 Jacksonville Hwy. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and Williamson. Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. Alderman Hughes moved, seconded by Alderman Wilson to approve the monthly report of the Police Dept. submitted by Chief Shepherd for the month consisting of a total of $38,576.04 for fines assessed for month. ROLL :CALL and the following voted aye, Aldermen: Knight, S m i t h , Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. NON- AGENDA ITEM: At this time, Mayor Reid handed out certificates to the people that had participated in the Property Rehabilitation Program in the Sunnyside Addition. The following received certificates PAGE TWO CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 Mrs. Velma Cannon; 121 Laurel Street Mr. & Mrs. John Hardin; 145 Roosevelt Road Mr. & Mrs. M.W. Skelton; 119 Roosevelt Road Mr. David Walls; 105 Pulaski Drive Mr. Glen Stevens; 117 Pulaski Drive Mr. Skelton commented that he appreciated the work done on his house very much. It now had sewer, which he has never had and he has lived in the house since 1953. The house had been painted inside and outside. STREET DEPT: Alderman Knight moved, seconded by Alderman Wilson to renew the Beaver contract with W i l d l i f e Management Co . , Inc. until June, 1981, then have proposals from other intrested parties that want to bid on the job. Approved by unanimous voice vote. MOTION CARRIED. Mr. Jack Taylor, owner of property that he had had a pobl em with Beavers on, stated W i l d l i f e Management Co . , Inc. had done the best job of trapping beavers he had seen. He had seen the Game & Fish Comm. and other people that came out to trap beavers, but W i l d l i f e had done the best job of any of them. Alderman Knight moved, seconded by Alderman Hughes to deny request for City Engineer to attend seminar on drainage in Houston, Texas. Approved by unanimous voice vote. MOTION CARRIED. PARK & RECREATION DEPT: SANITATION DEPT: Alderman Abdin moved, seconded by Alderman Hughes to approve specs and go out for bids for new garbage truck with packer. Approved by unanimous voice vote. MOTION CARRIED. PLANNING COMMISSION: Alderman Durham moved, seconded by Alderman Fletcher to accept the Planning Commission decision to deny rezoning request on T.P. White Dr. from C-1 to C-3. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Durham, Fletcher and Abdin. Aldermen: Brooks, Hughes, W115.0n and Wtl ] iarnson - voted nay, Mot on received 5 affirmative votes, 4 negati ve, votes . MOTION CARRIED. Rezoing denied. Mr. Jerry Legg i tt , petitioner of property, addressed council to withdraw request because his lawyer had advised him to withdraw. Council voted on request to insure this could not be brought up again for a period of one (1) year. ORDINANCE #627 (City Council Ord. #1 -81) AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCES 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES (General location So. Hwy. 161 & Shannon Dr.) Alderman Fletcher moved, seconded by Alderman Hughes that Ordinance be place on SECOND READING, ROLL CALL and the following voted aye, Aldermen: Smith, Brooks, Hughes, Wilson, Durham, Fletcher Abdin and W i l l i a m s o n . Alderman Knight Voted nay. Motion received 8 affirmative votes and 1 negative vote. MOTION CARRIED. (Ord. PAGE THREE CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 had been read FIRST TIME at last meeting but the motion to suspend the rules failed.) Bertha Tipton, Mayor's Secretary read Ordinance for SECOND TIME. Alderman Wilson moved, seconded by Alderman Abdin to approve Ordinance on SECOND READING. ROLL CALL and the following voted aye, Aldermen :Smith , Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Alderman Knight voted nay. Motion received 8 affirmative votes and 1 negative vote. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Wilson to suspend the rules and place Ord. on THIRD AND FINAL READING. ROLL CALL and the following voted aye, Aldermen: Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and Williamson. Aldermen Knight voted nay. Motion received 8 affirmative votes and 1 negative vote. MOTION CARRIED. Whereupon, Bertha Tipton, Mayor's Secretary read the Ordinance for THIRD AND FINAL TIME. COMMENTS FROM THE AUDIENCE: Mr. Harlie Jackson; 204 Brewer St., stated he represented the neighborhood in opposing the rezoning. The ro ert had been P P y established to be residential and he preferred it stay that way, - Alderman Fletcher moved, seconded by Alderman Abdin that Ordinance be APPROVED AND ADOPTED. ROLL CALL and the following voted aye, Aldermen: Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and Williamson. Alderman Knight voted nay. Motion received 8 affirmative votes and 1 negative vote. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 6 2 7 THIS 19TH DAY OF FEBRUARY. (EMERGENCY CLAUSE NOT EFFECTED. ORDINANCE EFFECTIVE 21ST DAY OF MARCH, 1981) ORDINANCE NO. 628 (City Council Ord. #2 -81) AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCES 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES (General Location: Across the street from Stone- wall S u b d i v i s i o n and Humpty Dumpty Child Care Center/No. =First Street) was introduced. (From R-1 to C -2) Alderman Wilson moved, seconded by Alderman Williamson that Ordinance be placed on FIRST READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Alderman Hughes voted nay. • Motion received 8 affirmative votes and 1 negative vote. MOTION CARRIED, Ordinance read for FIRST TIME by Bertha Tipton, Mayor's Secretary. Alderman Brooks moved, seconded by Alderman Wilson that Ordinance be accepted on FIRST READING, ROLL CALL and the following voted aye, Aldermen: Smith, Brooks, Wilson, Fletcher and W i l l i a m s o n . Aldermen: Knight, Hughes and Durham voted nay and Alderman Abdin abstained. Motion received 5 affirmative votes, 3 negative votes and 1 abstention. (Alderman Abdin abstained because he owns property close to property up for rezoning to C-2. Mr. Abdi ns' property was already zoned C-2 when he bought it.) (Was not ruled on.) PAGE FOUR CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 Mr. Gary Harden; 316 Brewer St., stated he was a real estate appraiser and property could be and would be devalued by the changing of zoning to commercial. He was opposed to the rezoning. Mr. Ben Rice, attorney for the owner of property, addressed the council on the matter of rezoning. He stated again, as he did in the public hearing held February 9, 1981, that the property across the street is C-2, the property on the same side of the street with the exception of these four lots are already C-2. The property is of better use zoned commercial. None of the houses along Hwy . 1 6 1 are owner occupied, they are a l l rent houses. All are occupied except one and it is standing vacant. The houses are not on a slab and could be picked up and moved if need be. Alderman Knight had been sent a petition with 35 signatures of people that owned property along Braden St . , Brewer St. and Vine Street that are against rezoning the property on Hwy. 161. (Ald. Knight filed petition with City Clerk, petition is a copy of original petition.) During discussion, the zoning C -1 had been mentioned. Mr. Rice stated one of the property owners lived i n W a s h i n g t o n , D. C . , and did not know if he would accept the C -1 zoning. Unidentified resident; stated he lived six houses down street from property up for rezoning area and he wanted the zoning left as i s . Alderman Fletcher moved, seconded by Alderman Durham to table this ordinance until the next regular meeting, with the understanding that in the mean time, notify the owner of the property that lives in Washington, D.C. and ask him about the C -1 zoning. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Durham and Fletcher. Aldermen: Brooks, Hughes, Wilson and Williamson voted nay , and Alderman Abdin abstained. Motion received 4 affirmative votes, 4 negative votes and 1 abstention. Therefore, the Mayor had to break the tie vote. Mayor Reid voted aye. Motion received 5 affirmative votes, 4 negative votes and 1 abstention. MOTION CARRIED. (Ordinance will be back on agenda at next regular city council meeting.) ORDINANCE NO. 629: ' (C�ty Council Ord. #3-81) "AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: NORTHEASTERN AVE/30.55 ACRES /KNOWN AS BELLEVUE SUBDIVISION); AMENDING ORDINANCES 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES'' was introduced .i (From R -1A to R-3) Alderman Abdin moved, seconded by Alderman F1 etcher that Ordinance be placed on FIRST READING. ROLL CALL andthe following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher Abdin and Williamson. Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. Ordinance read for FIRST TIME by Bertha Tipton, Mayor's Secretary. PAGE FIVE CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 Alderman Abdin moved, seconded by Alderman Smith that Ordinance be accepted on FIRST READING. ROLL CALL and the fol lowing voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Durham, Fletcher, Abdi n , a n d W i l l i a m s o n . Alderman W i l s o n voted nay. Motion received 8 affirmative votes, 1 negative vote. MOTION CARRIED. Alderman Abdin moved, seconded by Alderman W i l l i a m s o n to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and Williamson. Motion received 9 affirmative .votes , 0, negative votes. MOTION CARRIED. Whereupon, Bertha Tipton, Mayor's Secretary, read the Ordinance for SECOND TIME. Alderman Abdin moved, seconded by Alderman Smith to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. Whereupon, Bertha Tipton, Mayor's Secretary, read the Ordinance for the THIRD AND FINAL TIME. Alderman Fletcher moved, seconded by Alderman Abdin that Ordinance be APPROVED AND ADOPTED. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and Williamson. Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 6 2 9 THIS 19TH DAY OF FEBRUARY, 1981. (EMERGENCY CLAUSE NOT' EFFECTED`. ' OR1INANC`E EFFECTIVE 21ST DAY OF MARCH, 1981) ORDINANCE NO:. 630: (City Council Ord. #4 -81) "AN ORDINANCE RECLASSIFYING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: NO. JAMES ST„ , ACROSS FROM THE OLD ROETZEL MOBILE HOME SALES LOT); AMENDING ORDINANCES NUMBER 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES'" was introduced. (From R -0 to C -1) Alderman Abdin moved, seconded by Alderman Wilson that Ordinance be placed on FIRST READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, F l e t c h e r , Abdin and W i l l i a m s o n . Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. Ordinance read for FIRST TIME by Bertha Tipton, Mayor's Secretary. Alderman Abdin moved, seconded by Alderman Durham that Ordinance be accepted on FIRST READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Wilson, Durham, Fletcher, Abdin and W i l l i a m s o n . Motion received 9 affirmative votes, 0 negative votes. MOTION CARRIED. I :. Alderman Fletcher moved, seconded by Alderman Abdin to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Durham, F l e t c h e r , Abdin and W i l l i a m s o n . (Ald. Wilson was out of the room when vote was taken.) Motion received 8 affirmative votes, 0 negative votes. MOTION CARRIED. Whereupon, Bertha Tipton, PAGE SIX CITY OF JACKSONIVLLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 Mayor's Secretary, read Ordinance for SECOND TIME. Alderman Fletcher moved, seconded by Alderman Knight, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Durham, Fletcher, Abdin and W i l l i a m s o n . Motion received 8 affirmative votes, 0 negative votes. MOTION CARRIED. Whereupon, Bertha Tipton, Mayor's Secretary, read the Ordinance for THIRD AND FINAL TIME. Alderman Abdin moved, seconded by Alderman Durham that Ordinance be APPROVED AND ADOPTED . ROLL CALL and the following voted aye, Aldermen: Knight, Smith, Brooks, Hughes, Durham, Fletcher, Abdin and W i l l i a m s o n . Motion received 8 affirmative votes, 0 negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 6 3 0 THIS 19TH DAY OF FEBRUARY, 1981. (EMERGENCY CLAUSE NOT EFFECTED. ORDINANCE EFFECTIVE THE 21ST DAY OF MARCH, 1981) DEVIATION IN AGENDA: With agreement from all in attendance, Mayor Reid asked that we place the slide presentation from Community Development Director, Jerry Lee, at the end of business. GENERAL: (Ald. Wilson returned at this time . ) Alderman Abdin moved, seconded by Alderman Durham that we pay the use /sales tax. Approved by unanimous voice vote. MOTION CARRIED. . The money w i l l come from contingency fund, 1980 budget. It was agreed that if we pay the tax, the penalty will not be charged RESOLUTION NUMBER 271 -81: City Council Resolution No. 2 "RESOLUTION URGING THE GENERAL ASSEMBLY TO ADOPT A BILL REINSTATING THE COMMON LAW RULE THAT A PUBLIC UTILITY BEAR ITS OWN RELOCATION COSTS WHEN CHANGES ARE REQUIRED BY PUBLIC NECESSITY" was introduced, Alderman Hughes moved, seconded by Alderman Knight, to read Resolution No. 271-81. Approved by unanimous voice vote, MOTION CARRIED. Whereupon, Bertha Tipton, Mayor's Secretary, read the Resolution in its entirety, Alderman Hughes moved, seconded by Alderman Wilson to approve and adopt Resolution No, 271 -81. Approved by unanimous voice vote, MOTION CARRIED. RESOLUTION WAS APPROVED AND ADOPTED AND NUMBERED 2 7 12- 8 1 T*(IS 19TH DAY OF FEBRUARY, 1981. Alderman Hughes explained his reasons for the committee assignment changes. He stated he thought it might be better if we had two neutral council men on the finance committee since the two now PAGE SEVEN CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 19, 1981 are associated with banks in the city. Council decided to leave ave assignments as i s . GENERAL: Alderman Durham moved, seconded by Alderman Fletcher to have the Mayor and Finance Director, Gene Kelley, work with the utilities in search of an agreement to work with investments for all three agencies in the spirit of cooperation to the utmost aid of the citizens. Approved by unanimous voice vote. MOTION CARRIED. Alderman Knight made the suggestion to have a committee of council members to review request to purchase items for the Community Development Dept. Three Council members volunteered for the committee, Aldermen: Knight, Abdin and Fletcher. (No vote necessary) NON- AGENDA ITEM: Alderman Fletcher questioned City Eng. Bill Owens if it was a policy to issue a building permit to a builder before the ro ert is p P y passed for rezoning. City Eng . Owens stated the houses were being ents . Improvments f built to proper zoning requirem p nts would be made if property wasn't rezoned to zoning requested by builder. ADJOURNMENT: The meeting adjourned at 9:37 p.m. with consent of all res p ent. Respectfully submitted, Deborah D Wal tmon, City Clerk CITY OF JACKSONVILLE, ARKANSAS ames G. Reid, tidy • r CITY OF JACKSONVILLE, ARKANSAS SLIDE PRESENTATION: Immediately following council meeting, Community Development Representative Carol Hord, gave a short slide � - de presentati on of the work and progress the Sunnys i de Revitalization Program was having. The slides were of houses g u es before, during and after work done. (FIRE DEPT:) 7. WATER DEPT: 8. SEWER DEPT: 9. POLICE DEPT: 11. PARK & RECREATION: 12. SANITATION DEPT: CITY COUNCIL OF JACKSONVILLE, ARKANSAS 13. PLANNING COMMISSION: A G E N D A REGULAR CITY COUNCIL MEETING February 19, 1981 1. INVOCATION: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PRESENTATION OF MINUTES: a. Regular Council Meeting Feb. 5, 1981 5. APPROVAL AND /OR CORRECTION OF MINUTES: a. Regular Council Meeting Jan. 15, 1981 6. CONSENT AGENDA: (STREET DEPT:) a. Daily Work Record for Month (Mayor Reid) b. Outside City Fire Protection Agreement approved by Chief Smart John & Martha Casteel, 8725 Jckvl. Hwy., No. Little Rock. (Mayor) (POLICE DEPT:) c. Monthly Report submitted by Chief Shepherd (Mayor Reid) 10. STREET DEPT: a. Request to renew Beaver Contract. b. Request approval for City Eng. to attend Drainage Seminar in Houston, Texas, March 9 -12. Total expense $900.00. (Mayor Reid) a. Request to approve specs for new garbage truck with packer and go out for bids. (Mayor Reid) a. General Location: 1/4 mile No. of Actin Ford/T.P. White Dr. Review of Planning Comm. refusal to rezone from C-1 to C-3. Leggitt/Petitioner. (Mayor Reid) 13. PLANNING COMMISSION cont'd 15. GENERAL: b. Ord. #1 AN ORDINANCE RECLASSIFING VARIOUS PROPERTIES IN THE CITY OF JCKVL, AR (General location: So. Hwy. 161 /Shannon Dr. Area) ; Amending Ord. 213 & 238 of the City of Jacksonville. (second reading) (Mayor Reid) c. Ord. #2 AN ORDINANCE RECLASSIFING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, AR (General location: Across street from Stonewall Sub. and the Humpty Dumpty Child Care Center /North First Street) from R -1 to C-2 (Mayor Reid) d. Ord. #3 AN ORDINANCE RECLASSIFING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, AR (General location: Northeastern Ave. off Graham Rd. 30.55 Acres known as Bellevue Sub. From R -1A to R-3) (Mayor Reid) e. Ord. #4 -81: AN ORDINANCE RECLASSIFING VARIOUS PROPERTIES IN THE CITY OF JACKSONVILLE, AR (General location: No. James St., Across from the old Roetzel Mobil Home Sales Lot) From R-0 to C -1 (Mayor Reid) 14. COMMUNITY DEVELOPMENT: a. Slide presentation on what progress has been made on houses in Sunnyside. (Ald. Hughes) a. Authorize City to pay use /sales tax and avoic penalty. (City Atty. Groce) b. Resolution #2 - 81: A RESOLUTION URGING THE GENERAL ASSEMBLY TO ADOPT A BILL REINSTATING THE COMMON LAW RULE THAT A PUBLIC UTILITY BEAR ITS OWN RELOCATION COST WHEN CHANGES ARE REQUIRED BY PUBLIC NECESSITY. (City Atty. Groce) c. Committee Assignment Changes. (Ald. Hughes) d. Financial Data Requested. (Mayor Reid) e ' To establish a committee of council members to review expenditures ( to purchase) of the Community Development Dept. (Ald. Knight) 16. ANNOUNCIMENTS: ADJOURNMENT: a. Committee Meeting - Suggest that all committee members and Dept. Heads meet at City Hall, 6:30 p.m., on February 26, 1981. b. Mayor will be in Washington February 27, - March 2 with the Arkansas Municipal League. 3/7 4 3q;)