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06 NOV 02.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2006 7:00 P.M. – 7:14 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 November 2, 2006 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Linda Dulaney, City Engineer Jay Whisker, Fire Chief John Vanderhoof, Battalion Chief Joe Bratton, Police Chief Robert Baker, Public Works Director Jim Oakley, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Planning Commission Chairman Mark Stroud, Mrs. Judy Swaim, Dr. Karen Grant, Mrs. Helen Stroud, Mrs. Edith Smith, Mrs. Addie Gibson, Mr. Larry Smith, Mr. Luciene Shockey, Mr. Bobby Lester, Mr. Jim Dornblaser, Mr. Bill Shelley, Mr. Larry Dupree, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of October 19, 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 Sansing that the minutes of the Regular City Council Meeting of 5 October 2006 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ORDINANCE 1293 (#26-06) THIRD READING AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: WOODSIDE SUBDIVISION, ADJACENT TO WESTERN HILLS SUBDIVISION); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND FOR OTHER PURPOSES. Alderman Stroud read from a prepared statement “some folks look at a glass and see it half empty; fortunately others look at the glass and they see it half full. I think that is pretty much a good analogy for what took place not too long ago before the Planning Commission regarding 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2006 7:00 P.M. – 7:14 P.M. the Woodside Subdivision. In my opinion, the Planning Commission erred when after the initial developer’s request was denied R-0 to R-3 for apartments, because at the Planning Commission’s unanimous encouragement, a restructured proposal was submitted for townhouses R-0 to R-4 for single-family dwellings plus townhouses. Only to be turned down again by a vote of 4 to 1, without any attempt at further study or compromise under a withering verbal assault by a few misinformed citizens. Most members of this Council are painfully aware that if Jacksonville is to progress as it should, we must improve our schools, broaden the commercial/retail base and upgrade housing for all citizens. He stated that the first two are not likely to happen until we take care of the third one. And, when a majority of said body recognized the potential of a development that had been summarily rejected by a portion of the Planning Commission, they sought to overturn the decision on two separate occasions by Ordinance 1293, which passed by common practice, simple majority vote as per State Laws and our own City Ordinance. On th Wednesday, prior to the October 20 City Council meetings certain members of the City Council became aware of an obscure paragraph in the Handbook for the Arkansas Municipal Officials that purports to require a 2/3 vote of the entire membership in order to overturn certain zoning decisions. The next morning, prior to the City Council meeting that evening, the City Clerk was requested to remove Ordinance 1293 from the Agenda in order that the City Attorney have time to correlate several conflicting statutes in both the Code Manual and our own City Ordinances. After careful consideration, it is the City Attorney’s opinion that even though a simple majority of the City Council can approve the action of its Planning Commission, it takes seven out of ten members of the Council to overturn a disapproval for certain zoning actions. Put differently, that means it takes 2/3 of full membership of an elected body (7 out of 10) to overturn the action of a majority (4 out of 9) of an appointed body. This is a strange little quirk in Arkansas law and an oversight that will be dealt with through legislative action during the next session. So, unless at least one of the four dissenting members are willing to repent, this Ordinance will not be placed on third and final reading. I deeply regret the angst, rancor, intimidation and animosity exhibited in this Chamber in the past few weeks. I am equally sorry that Jacksonville appears to have lost a unique and much-needed housing development that would have been both an asset and a great benefit to all the citizens of our City.” City Attorney Bamburg offered his apology for not being immediately aware of an obscure unused State Statute and City Ordinance that requires a 2/3 vote. He informed the audience that had he been aware of the Statute he would have clarified that Ordinance 1293 would not have passed on first st reading at the September 21 meeting. He again offered his apology, asking the City Council to authorize the City Clerk to amend the City st Council minutes of September 21 regarding the passage on first reading th and the minutes of October 5 reflecting passage on second reading. He 2 th clarified that the action on October 5 should be considered null and void. He then asked the City Council as leaders of the Community to return to the progressive cohesive nature that has been a part of the City of Jacksonville government for many years. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2006 7:00 P.M. – 7:14 P.M. Mayor Swaim noted that statements regarding reasons the item was removed th from the October 19 meeting have now been clarified to be not of a political nature but in the best interest of business as conducted by the governing body. Alderman Sansing offered his public apology to Alderman Stroud for his misunderstanding regarding the nature of the item being removed. Alderman Ray offered his continued commitment to the citizens of Jacksonville, saying that he can accept a loss as well as a win and hopes to continue working in the best interest of the City. Alderman Fletcher stated that he was probably the most fervent supporter for the proposed item, saying that from the appearance, it did very much look like politics. He stated that he was dismayed regarding what he perceived to be the secrecy regarding the removal of the item, adding that he felt that there should have been some discussion to clarify actions. He then apologized to Alderman Stroud for his earlier misconception that the removal was rooted in political motivation. He stated his desire to be able to have open discussions regarding details. He stated that the local governmental system does work and wants the audience to know that. He expressed his desire to have the Community reunite and continue working towards progress. He again offered his apologies. Alderman Smith offered his support for a reunited Council, saying that he does not harbor any ill will toward anyone regarding the issue and hopes the City Council can continue working together. b. Request to accept bid for asbestos removal and demolition Mayor Swaim noted that the bid would encompass the four buildings being proposed for demolition to make way for the new Library. Alderman Ray moved, seconded by Alderman Stroud to accept the low bid from Epic Construction in the amount of $19,900.00. Mayor Swaim noted the disparity of approximately $50,000.00 in the two bids submitted, adding that research of the low bidder has garnered good recommendations from other cities and contractors regarding Epic Construction. He then answered that the underground gas tanks have been removed, explaining that removal was part of the conditions for purchasing the property. At this time, MOTION CARRIED. 3 APPOINTMENT(S): ANNOUNCE0MENT(S): th Mayor Swaim announced that City Hall would be closed November 10 in observance of Veteran’s Day. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2006 7:00 P.M. – 7:14 P.M. He then announced that the Little Rock Air show would be held this Saturday and Sunday beginning 8:30 a.m. to 4:30 p.m. He noted that on the previous occasion when the Blue Angels were at the LRAFB, a State Trooper was killed during his escort of the Blue Angels onto the flight line, announcing that there is a dedication of the Jimmie White Memorial rd park in Northwood Acres November 3 at 8:30 p.m. th He related on November 15 at 5:30 p.m. there would be a meeting at the Jacksonville library regarding discussion for structural design for the new library. th He announced that the Arkansas Municipal League conference is January 10 th through the 12 asking those interested in attending to contact his office regarding registration. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:14 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 4