07 JUN 07.docCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2007
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 June 7, 2007 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, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Parks and Recreation
Director George Biggs, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Police Chief Robert Baker, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Addie Gibson, interested citizens
and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the regular City Council meeting of May 17, 2007 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 3 May 2007 be APPROVED. MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for May 2007 from the Jacksonville Fire Department, which reflects a fire loss of $1,000.00 and
a savings total of $199,000.00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for May 2007. Said report reflects:
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 27 Building Inspections 95
Business License 16 HVACR 43
Electrical 108 Plumbing 84
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 461 Notice of Noncompliance 2
Property Mowed 27 Towed 0
Trash Letters 20 CONDEMNATIONS
Trash Removal 4 Structural Maint. Letters 0
Property Maint. Letters 6 Structural Repairs Made 0
Costs $1,363.84 Demolitions 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2007
7:00 P.M. – 7:20 P.M.
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: FINAL PLAT Hatcher Oaks Addition Lots 1, 2, & 3
Alderman Fletcher moved, seconded by Alderman Sansing to approve the Final Plat of the Hatcher Oaks Addition, Lots 1, 2, & 3. MOTION CARRIED.
GENERAL: a. ORDINANCE 1313 (#12-07)
AN ORDINANCE AMENDING JMC §8.08.030 (DEFINITIONS) TO INCLUDE ADDITIONAL DEFINITIONS REGARDING TRASH AND LITTER; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Stroud introduced Keep Jacksonville Beautiful Director Ron Newport.
Mr. Newport related that most of the grants for Keep Jacksonville Beautiful would come from Keep America Beautiful. He stated that one of the requirements to receive grants is to review
the current ordinances. He noted that currently Keep Jacksonville Beautiful is applying for a grant regarding the reduction of cigarette butts as litter. He added that cigarette butts
is regarded as the number one or number and two litter problem in different areas of the United States. He explained that part of the requirement is to ensure that local legislation
properly identifies litter and if the penalties are adequate. He stated that Ordinance 1313 refines those definitions.
Alderman Stroud raised concerns regarding a section of the code addressing minimum occupancy area requirements as outlined in the ordinance. He stated that in checking with other cities
he was not able to find a better way to address the problem of having a large number of approximately 30 people occupying one house. He invited solutions from other City Council members.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1313 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1313.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2007
7:00 P.M. – 7:20 P.M.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1313 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1313 on SECOND READING.
In response to a question posed by Alderman Ray, CDBG Director Theresa Watson stated that when considering a loan, family size is evaluated regarding the number of bedrooms in the home.
She went on to say that the number of children, their ages, and sex usually determines if the house is adequate for that family. Director Watson then acknowledged that the situation
Alderman Stroud mentioned would not be an appropriate application for the programs offered by CDBG.
Mayor Swaim stated that there is another ordinance that restricts the number of family units that can live in one home. He noted that it would be rare for a single family to have 30
members.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1313.
Alderman Ray moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1313 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1313.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1313 be APPROVED AND ADOPTED.
Alderman Fletcher questioned if regulations in the Fire Code could address situations of overcrowding in a single-family home and the number of required exits in relation to the number
of inhabitants.
Chief Vanderhoof offered to research the Code, but added that he was not aware of any Code that would address that situation.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
The emergency clause was removed from Ordinance 1313 (#12-07).
ORDINANCE APPROVED, ADOPTED AND NUMBER 1313 THIS 7th DAY OF JUNE 2007.
b. ORDINANCE 1314 (#13-07)
AN ORDINANCE AMENDING AND MODIFYING THE JMC §18.37.030, 18.38.030 AND 18.39.030 TO ALLOW CONDITIONAL USE PERMITS FOR ADDITIONAL MANUFACTURED HOUSING UNIT(S) OR MODULAR HOME(S); DECLARING
AN EMERGENCY; AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2007
7:00 P.M. – 7:20 P.M.
Alderman Smith moved, seconded by Alderman Elliott that Ordinance 1314 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1314.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1314 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud,
Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1314 on SECOND READING.
In response to a question posed by Alderman Fletcher, Director of Administration and acting City Engineer Jay Whisker explained that the ordinance would allow for the addition of a manufactured
or modular home to be added to the R-5, R-6, and R-7 zonings. He noted a current situation involving a family with a large amount of land that currently has two mobile homes and they
are requesting to add one more for a family member. He stated that the provisions of this ordinance would allow for that without subdividing the property and those requirements that
accompany subdividing.
It was noted that as a conditional use it would be approved by the Planning Commission on a case-by-case basis.
City Attorney Bamburg explained that in the circumstances with conditional uses each one is addressed individually, adding that there are common factors that would apply in each circumstance.
He stated that the Planning Commission would review those factors and determine if the request was appropriate or applicable depending on the circumstances.
Mayor Swaim noted that conditional uses are specified under each zoning classification in the Jacksonville Municipal Code. He stated that this would not be unusual under appropriate
zoning classifications.
ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1314.
Alderman Ray moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1314 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1314.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1314 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty,
and Howard voted AYE. NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2007
7:00 P.M. – 7:20 P.M.
Alderman Stroud moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be attached to Ordinance 1314 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1314 THIS 7th DAY OF JUNE 2007.
APPOINTMENT(S): CIVIL SERVICE COMMISSION:
Alderman Elliott moved, seconded by Alderman Smith to approve the reappointment of Donnie Farmer for a term to expire 4/01/2012 and to approve the reappointment of Ron McDaniel for a
term to expire 4/01/2013 and to appoint Jerry Reichenbach for a term to expire 4/01/2009. MOTION CARRIED.
PLANNING COMMISSION:
Alderman Ray moved, seconded by Alderman Howard to approve the appointment of Susan Dollar to the Planning Commission for a term to expire 1/01/2009.
ANNOUNCEMENT(S): Mayor Swaim announced that the appeal to Mr. Mike Wilson’s law suit had been upheld by the Supreme Court. He stated that it means that the City will not receive approximately
$200,000 from the State Library Fund. He stated that the news should not alarm anyone, explaining that the consideration of those funds was not budgeted into the new Library construction
project and will not deter plans. He stated that if the City won the case, the monies would have been used for additional amenities.
Mayor Swaim then noted that the Judge ruled in favor of the City of Sherwood regarding the recent annexation case.
ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:20 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer