06 DEC 07.docCITY 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.
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.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1298 THIS 7th 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.
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.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1299 THIS 7th 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.
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 Tourism Development and Implementation Plan December 18th, 6:30 p.m. at the City Council Chambers.
He then announced that the City Hall Christmas Open House would be held December 15th 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.
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