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02 MAR 21.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on March 21, 2002 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Stroud, answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:03 p.m. and Alderman Twitty arrived at approximately 7:10 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy Clerk Teresa Carter, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Purchasing Agent C.J. Brown, CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Battalion Chief Kendal Snyder, Chamber of Commerce Director Bonita Rownd, Parks and Recreation Director George Biggs, Parks Administrator Patty Walker, Planning Commission Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mr. Willie Smith, Mr. Greg Mathews, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of March 7, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 7 February 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith that the Regular Monthly Report for February from the Jacksonville Police Department be APPROVED as amended. Said report reflects; Total Value of Reported Stolen Property $66,917.00, Total Value of Recovered Stolen Property $14,605.00 and Total Report Sales $270.00. Chief Ruthven offered corrections regarding the statistics presented for felony cases and misdemeanor cases for the month of February. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for February from the Jacksonville Fire Department, which reflects a fire loss of $205,500.00, and a Savings Total of $87,000.00. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PLANNING COMMISSION: FINAL PLAT Collenwood PH III City Engineer Whisker related that street construction is nearly finished lacking only the asphalt top, adding that the developer Mr. Green has provided cash escrow for street completion and sidewalks. In response to a question from Alderman Wilson, City Engineer Whisker related that a cash escrow is allowable by City Code, answering that the project is ready to proceed. Alderman Wilson moved, seconded by Alderman Ray to Approve the Final Plat of Collenwood PH III. Mayor Swaim stated caution for escrowing street construction when the weather is not a significant problem. At this time, MOTION CARRIED. GENERAL: a. RESOLUTION 559 (#4-02) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTY BORDERING THE SOUTHEAST BOUNDARIES OF THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS THE SOUTHEAST ANNEXATION); AND, FOR OTHER PURPOSES. City Engineer Whisker related that the area being annexed was requested by First Electric and surrounding areas were suggested by the Planning Commission. He mentioned the inclusion of parts of Loop Road that are currently not located within the City limits, such as the northwest corner of Graham and Loop Road identified by Tract B. He stated that Tract A includes the surrounding area with the exemption of Murrell Taylor Elementary who chose not to participate in the voluntary annexation. Alderman Sansing questioned if Murrell Taylor Elementary will have access to the 911 facilities, which would provide greater access to fire and police protection. City Engineer Whisker stated that the 911 service for Murrell Taylor will remain with the County, and MEMS will provide the ambulance service, adding that the fire service is the voluntary fire department from Southbend. Mayor Swaim clarified that without going into conflict with other service units the City of Jacksonville will respond if called. He stated that 2 the Jacksonville Fire Department has talked with the principal, adding that it is not a good situation because a 911 would go to the County. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. Alderman Sansing commented on the efforts by the City to annex Murrell Taylor and provide a safer situation for the children. Mayor Swain related that Murrell Taylor Elementary has always been treated as a part of the City of Jacksonville, adding however, that the paid ambulance services does not like Jacksonville to respond in their territory. He stated that one of the paid ambulance services is only ½ mile away but is not the first responder for that area. In response to a question posed by Alderman Fletcher, City Engineer Whisker related that other parcels in the general area may be considered for a later voluntary annexation. Discussion ensued and it was clarified that annexation had only included half of Loop Road and now the annexation would take in all of Loop Road. Mayor Swaim related combined efforts by the City and the County to have Loop Road paved at the same time since part of the road was in the County. Alderman Elliott moved, seconded by Alderman Lewis to Read Resolution 559. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 559. Alderman Howard moved, seconded by Alderman Lewis to Approve Resolution 559. Discussion ensued and it was noted that the southeast annexation would follow procedure with the County being conducted for the south annexation. Other concerns were mentioned for including Murrell Taylor Elementary in a future annexation. Mayor Swaim related that as an island the school could be annexed over any objection, but stated that the best solution would be to have cooperation from the school district. Alderman Ray related that he had been assured that if the City of Jacksonville approached the School District again they would be willing to look at the possibility of annexing Murrell Taylor. At this time, MOTION CARRIED. Mayor Swaim related that the south annexation was approved by the County Judge, adding that in two weeks the Ordinance will be brought back to the City Council followed by a 30-day waiting period. b. ORDINANCE 1174 (#4-02) 3 AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 5:16; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. Alderman Stroud related that Ordinance 1174 is an amendment to Ordinance 1169 regarding the term “Itinerate Merchant/Solicitor/or Vendor”, which previously stated that any business, entity, individual, and/or party not conducting business in or from a permanent location. He stated that there was confusion regarding the term “location”, and is now being offered for change to “permanent structure”. He stated that the next amendment removes food vendors and caterers from Ordinance 1169 and creates a separate Ordinance to address those operations. He commended efforts by City Attorney Bamburg in clarifying the intent of the original ordinance. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1174 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1174. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1174 be APPROVED on FIRST READING. Discussion ensued and committee participation was questioned regarding the amendments and the intent as formulated by the original committee. Alderman Stroud offered that the original intent of Ordinance 1169 will not be diluted by the amendments. He stated that it was a matter of clarification of interpretation regarding enforcement by the Code Enforcement Officers. Mayor Swaim related an interpretational misunderstanding regarding the vendor who sold rugs at the corner of Main and James Street. City Engineer Whisker stated that the amendments will eliminate previous concerns. Discussion ensued regarding notification to committee members and consideration for committee sponsorship of the proposed amendments. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1174 on SECOND READING. It was clarified that a negative voice vote would support the amendments being returned to the original 4 committee for sponsorship. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1174. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. Alderman Fletcher moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1174 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1174. Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1174 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. ORDINANCE and EMERGENCY CLAUSE APPROVED, ADOPTED and NUMBERED 1174 THIS ST 21 DAY OF MARCH 2002. b. ORDINANCE 1175 (#5-02) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE 5.44; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Stroud related that the ordinance was created to address and clarify the operations for canteens, caterers and food vendors. He related that previously they were addressed in Ordinance 1169. Mayor Swaim stated that specifically it would address mobile food vendors. Alderman Stroud added that it would not affect civic groups or charity organizations. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1175 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1175. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1175 be APPROVED on FIRST READING. 5 Alderman Wilson stated that he opposes the ordinance, feeling that amendments or any further changes should be reviewed and forwarded from the committee. Discussion ensued as to the differences between food vendors and product sales. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. City Attorney Bamburg related that food vendors are still required to observe setback regulations, and obtain a privilege tax or solicitation permit. He stated that food vendors have to meet the same requirements as the product vendors. He then related that food vendors have additional requirements from the State Health Department as well as Federal requirements regarding food handling, and food storage. He pointed out that the ordinance would specifically require they abide by those rules and regulation before selling food in Jacksonville. In response to a question from Alderman Fletcher, City Attorney Bamburg related that the ordinance would provide the Code Enforcement Officers with a working tool to address requirements not provided in the previous ordinance. He stated that it also allows for an exemption regarding activities associated with the annual festival. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1175 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1175. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1175 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. Alderman Wilson and Twitty voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1175. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1175 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. Alderman Wilson and Twitty voted NAY. MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. Alderman Wilson and Twitty voted NAY. MOTION CARRIED. 6 ORDINANCE and EMERGENCY CLAUSE APPROVED, ADOPTED and NUMBERED 1175 THIS ST 21 DAY OF MARCH 2002. c. ORDINANCE 1176 AN ORDINANCE CONDEMNING CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR PUBLIC RIGHT-OF-WAY EASEMENT ACCESS DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1176 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1176. Mayor Swaim recognized Mr. Greg Mathews who expressed dissatisfaction and refused to observe City Council procedure by speaking as a matter of record. Alderman Wilson moved, seconded by Alderman Stroud that Ordinance 1176 be APPROVED on FIRST READING. In response to a question posed by Alderman Wilson, City Attorney Bamburg related that the action will be filed and the value posted with the Court along with a request to approve for immediate procession usually taking a few weeks to complete. City Attorney Bamburg explained that under State Statute there were two directions one was to follow under prescriptive easement given that the turn lane existed and was in use by the public for approximately fifty years. He related that the City obtained an appraisal and condemned the property for the purposes of compensating the owners for the market value. He stated that the owner did not accept the offer, and now the City had condemned the property to address a hazardous condition. In response to a question posed by Mayor Swaim, City Attorney Bamburg related that the City could have taken the property without an appraisal under current State Statutes. He answered Mayor Swaim, in saying that he is confident that the right-of-way belongs to the City. He clarified that the turn has always existed, adding that after a given period of time it becomes a prescriptive easement. He stated that in prescriptive easements it is not required under State Statute for the City to compensate the owner. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. 7 Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1176 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1176. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1176 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1176. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 21, 2002 7:00 P.M. – 7:42 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1176 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Elliott that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. ORDINANCE and EMERGENCY CLAUSE APPROVED, ADOPTED and NUMBERED 1176 THIS ST 21 DAY OF MARCH 2002. Alderman Wilson asked that the property be properly posted after reopening because of the immediate hazardous situation that exists. e. CDBG 2001 CAPER Report Alderman Wilson moved, seconded by Alderman Ray to adopt the 2001 CAPER Report the CDBG Department. MOTION CARRIED. APPOINTMENTS: JACKSONVILLE HOUSING AUTHORITY Alderman Howard moved, seconded by Alderman Lewis to reappoint Mr. Fred West to the Jacksonville Housing Authority for a term to expire 3/1/2007. MOTION CARRIED. ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:42 p.m. Respectfully, ________________________ _________________________ 8 Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9