06 DEC 07.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7:00 P.M. – 7:20 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 December 7, 2006 at the regular meeting place of the Council.
Vice Mayor Fletcher delivered the invocation and led a standing audience
in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Stroud,
and Howard answered roll call. Vice Mayor Fletcher also answered ROLL CALL
declaring a quorum. PRESENT eight (8), ABSENT (3). Aldermen Ray and Twitty
were absent. Mayor Swaim was out of town on City business.
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Linda Dulaney, Finance Director Paul Mushrush, Battalion Chief Joe
Bratton, Police Chief Robert Baker, CDBG Director Theresa Watson, Mrs.
Addie Gibson, Mr. Larry Smith, interested citizens and members of the
press.
PRESENTATION OF MINUTES:
Vice Mayor Fletcher presented the minutes of the regular City Council
meeting of November 16, 2006 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 2 November 2006 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1298 (#31-06)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: NORTHEAST CORNER OF THE INTERSECTION OF MILITARY ROAD
AND SOUTH FIRST \[HIGHWAY 294 AND HIGHWAY 161\]); AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE,
ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1298
be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith,
McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1298.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7:00 P.M. – 7:20 P.M.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1298 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith,
McCleary, Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1298 on SECOND READING. ROLL CALL: Alderman
Elliott, Smith, McCleary, Sansing, Rinker, Stroud, and Howard voted AYE.
NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1298.
Alderman Smith moved, seconded by Alderman Howard to further suspend the
rules and place Ordinance 1298 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, McCleary, Sansing, Rinker, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read
the heading of Ordinance 1298.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1298 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1298 THIS 7 DAY OF DECEMBER 2006.
b. ORDINANCE 1299 (#32-06)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§ 17.12.020,
17.12.030, 17.12.110, 17.12.120, 17.12.140, 17.16.010, 17.16.020,
18.24.040, 18.26.040, 18.28.040, 18.32.040, 18.36.040, 18.37.040,
18.38.040, 18.39.040, 18.40.040, 18.44.040, 18.48.040, 18.52.040,
18.56.040, 18.60.040, 18.68.040, AND 18.68.050 REGARDING CERTAIN ZONING
AND BUILDING PROVISIONS AND REQUIREMENTS; CREATING JMC § 18.20.040;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1299 be
placed on FIRST READING.
Alderman Stroud stated that the intent of the ordinance is for developers
to increase their profits on lots, adding that the justification was that
deeper and larger homes could be built on the lots. He explained that in
the past the Planning Commission has offered a 25’ setback as an
incentive to build larger homes. He stated that his concern would be
that the lots would be reduced in size and smaller homes would be used
with the 25’ setback. He stated that he would rather see the setback
left at 35’ to be used as an encouragement to build larger homes, adding
that he would vote for the change in setback if there were a stipulation
for a certain size lot. He then noted that the Planning Commission
approved a 25’ front and side setback for corner lots, adding that he is
not sure the ordinance addresses that issue.
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City Attorney Bamburg stated that the ordinance is drafted in accordance
with the recommendations from the Planning Commission, explaining that
the ordinance regulates a 25’ setback for all street frontages.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7:00 P.M. – 7:20 P.M.
Vice Mayor Fletcher noted that most of the surrounding cities have a 25’
setback, saying that Jacksonville is one of only a few remaining cities
that have a 35’ setback. He stated that housing trends are leaning
toward bigger homes, especially four-bedroom homes. He then noted that
many lots are irregular shaped which presents a problem with a 35’
setback, adding that the proposal for a 25’ side yard lot is a safety
issue for neighborhood children. He stated that a 25’ setback works well
in other cities.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, and Howard
voted AYE. Alderman Stroud voted NAY (1). MOTION CARRIED. Whereupon
City Attorney Bamburg read the heading of Ordinance 1299.
Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1299 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
McCleary, Rinker, and Howard voted AYE. Alderman Stroud voted NAY (1).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1299 on SECOND READING. ROLL CALL: Alderman
Elliott, Smith, McCleary, Sansing, Rinker, and Howard voted AYE. Alderman
Howard voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1299.
Alderman Sansing moved, seconded by Alderman Howard to further suspend
the rules and place Ordinance 1299 on THIRD and FINAL READING. ROLL
CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, and Howard
voted AYE. Alderman Stroud voted NAY (1). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1299.
Alderman Sansing moved, seconded by Alderman McCleary that Ordinance 1299
be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary,
Sansing, Rinker, and Howard voted AYE. Alderman Stroud voted NAY (1).
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing that the EMERGENCY
CLAUSE be attached and approved. ROLL CALL: Alderman Elliott, Smith,
McCleary, Sansing, Rinker, and Howard voted AYE. Alderman Stroud voted
NAY (1). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1299 THIS 7 DAY OF DECEMBER 2006.
c. Request to Accept Bid: Copier for CDBG
Alderman Stroud moved, seconded by Alderman Howard to accept the low bid
from Cabot Office Machines in the amount of $10,442.99.
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Alderman Sansing questioned a noted decrease in the submission of bids
from bidders.
Finance Director Paul Mushrush stated that bids are published in a State
paper of general circulation and solicited locally after publication.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7:00 P.M. – 7:20 P.M.
Alderman Sansing voiced concern that previous bidders were choosing not
to participate in the process.
Finance Director Paul Mushrush related that sometimes there are
disgruntled bidders who may not have received a bid, adding that is
nothing unusual in dealing with governments. He stated that sometimes
smaller contractors have complained of not receiving payment fast enough,
explaining that there is a 17 to 18 day turnaround for payment. He then
added that the City tries to expedite for smaller contractors who depend
on a faster turnaround.
It was noted that funds for the copier would be drawn from CDBG budgeted
funds.
At this time, MOTION CARRIED.
APPOINTMENT(S): HEALTH CARE FACILITIES BOARD
Alderman Smith moved, seconded by Alderman Stroud to approve the
appointment of Samuel Garland to the Health Care Facilities Board for a
term to expire 03/16/2009. MOTION CARRIED.
ANNOUNCEMENT(S): Vice Mayor Fletcher announced the presentation of the
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Tourism Development and Implementation Plan December 18, 6:30 p.m. at
the City Council Chambers.
He then announced that the City Hall Christmas Open House would be held
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December 15 from 11:30 a.m. to 3:00 p.m.
Alderman Sansing noted that recently the City Council had received
letters from Mr. Ben Rice offering his assistance regarding the zoning
appeal by the City of Jacksonville. He stated as a matter of record that
he feels that assistance is not necessary, adding that he has confidence
in City Attorney Bamburg to represent the City.
He then added that he had also received correspondence from a Lieutenant
Colonel Ronald W. McDaniel, who had requested that he be considered as a
possibility for the four-year positions that will be available in
January. He stated that since the position will be appointed all persons
interested should be given equal consideration.
He then noted that in the November issue of City and Town there was an
interesting article on “Planning to Succeed”. He stated that the article
advised city councils to stop overturning their planning commissions.
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Alderman Elliott clarified that the article specifically stated not to
make a habit of overturning Planning Commission decisions but that
sometimes it is necessary.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 7, 2006
7:00 P.M. – 7:20 P.M.
ADJOURNMENT: Alderman Howard moved, seconded by Alderman Stroud to
adjourn the meeting at approximately 7:20 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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