Mayor's residential status questioned
BY CHARLOTTE SMITH Editor

The issue of Whitehouse Mayor Jake Jacobson residing within the city limits was raised Monday during a special called meeting of the city council. Though Jacobson responded affirmatively to the question and provided a physical address after the meeting, a second issue has arisen over the zoning of the location.

The address Jacobson gave the city is in the 300 block of Hwy. 110 North. According to a map of the city's zoning districts, the location is classified as General Business District (B-1), General Business Planned Development.

The city's combined zoning ordinance, Section 14-8 (Living Units in Zones Other than Residential), says, "Dwelling units shall not be permitted in any commercial or industrial districts except as otherwise provided for in this Ordinance."

According to Mike Peterson, director of the office of community development and the city's code enforcement officer, an allowance for the ordinance would be security purposes, such as a night watchman.

Gene Champion, the council member who requested that the mayor's residence status be placed on the agenda, said he preferred not to discuss the zoning question until council considered the matter.

Council member Mike Adams said Tuesday that he had requested the city research the matter and confirm if Jacobson's address was a legal residence.

According to the home rule charter of the City of Whitehouse, council members must reside within the city limits. That did not become a potential issue for Jacobson until the September city council meeting when a "status of the mayor" agenda item first appeared. At that meeting, Jacobson told the council that he was going through a divorce, but had found a place to live in Whitehouse. No other questions or comments were made publicly at that time.

Since that meeting, members of the council said they had heard rumors and been questioned about where Jacobson was living and wanted to clarify the issue.

"You've heard the rumors, we've heard them, too," said Champion. "We had asked him to give an address and he said he would by the next meeting, but he didn't. I asked that this be put back on the agenda just to clear things up and clarify."

Council member and Mayor Pro Tem Dale Moran said he had received many inquiries about the matter and had attempted to get a specific response from Jacobson on numerous occasions.

"I've had people come to me and ask where's the mayor and how can I get in contact with him," said Moran. Moran said he left two voice messages with Jacobson that were unreturned and spoke to him once in person about his residence status and address; Moran said Jacobson said he was too busy to discuss it.

"I told him you need to respond so we could cut the rumors out and get back to business," said Moran.

On Tuesday, Jacobson confirmed that he had been called by a member of the city council about the issue, but said he was never asked by anyone from the city staff. He also said that he didn't respond to the council member's question because it was "really not pertinent at the time," and because there were political ramifications since the person asking had reason to gain.

As mayor pro tem, Moran would assume the position of mayor if Jacobson's term ended before May 2008.

"I'm very happy for him to be mayor," responded Moran. "I'm not wanting his position. I'm more effective where I am as a member of the council."

Moran said that his efforts to get a specific answer to the question were based on the inquiries he received and his concern for the City of Whitehouse from a legal standpoint.

Moran said he feared that if Jacobson's service was not legitimate, based on his resident status, that proceedings of the council conducted under him could be challenged and rendered null and void.

Jacobson said that he had earlier told council member Bill Powers his new address. Powers confirmed that and added that he was not aware there was a potential zoning issue with the location.

"If I'm not mistaken, there's another person living there on the far end," he said. "I don't know why it wouldn't be permissable, it's just a regular apartment there."

Jacobson said he had no comment on the ordinace status at this time. "What's important is I have a Whitehouse address and that's where I stay and my stuff 's there."

Jacobson also said that his divorce just became final on Wednesday, Oct. 31, and that his options had been completely limited until now. He also said that his legal residence remained the same during his divorce and he still owned the property until final papers were signed.

Council member Champion, however, said the city charter stated that the person must live at the address.

"I believe and have been told by the city attorney that you have to reside there," he said, adding that paying taxes on property was not enough. "A person can live at Pecanwood Apartments for a year, not pay city taxes, and be a resident and run for city council. But the property owner who pays city taxes cannot, unless he lives in the city limits."

Mayor Jacobson said he felt too much was being made about this matter and that there were bigger stories not being covered that were more important.

"My personal life is not really what this is about," he said. "The citizenship should be more interested in what's going on up there -- not my personal life, but the city."