City Council

CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in a regular session on February 20, 2025 at their regular meeting place. Council Member Ray delivered the invocation and Mayor Elmore led a standing audience in the “Pledge of Allegiance.” ROLL CALL: City Council Members: Dietz, Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT TEN (10) ABSENT ZERO (0). Council Member McCleary arrived at approximately 6:09 p.m. Others present for the meeting were: Police Chief Brett Hibbs, HR Director Charlette Nelson, Parks and Recreation Director Kevin House, CDBG Director Michelle Spencer, Finance Director Laura Collie, Communications Director Emily Sundermeier, IT Director Brian Harvey, and Jim Moore. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of February 6, 2025 for approval and/or correction at the next regularly scheduled City Council meeting. City Clerk Davitt noted a correction on page 1 of the agenda for the minutes of February 6, 2025. She pointed out the date in the first paragraph should read “February 6, 2025,” not “January 2, 2025.” APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Ray moved, seconded by Council Member LaBron that the minutes of the regular City Council meeting of January 2, 2025 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Council Member Ray moved, seconded by Council Member Kinman to approve the consent agenda as presented. MOTION CARRIED. FIRE DEPARTMENT REGULAR MONTHLY REPORT/JANUARY Estimated fire loss for the month: $ 409,000.00 Savings total for the month: $ 516,000.00 POLICE DEPARTMENT REGULAR MONTHLY REPORT/JANUARY Topic 2025 2024 2025 2024 Total Complaint Calls 3279 1974 Homicide Reported 0 0 Theft Reported 44 57 Homicide Cleared 0 0 Theft Cleared 18 14 Rape/Sex Assault Reported 5 2 Vehicle Theft Reported 8 19 Rape/Sex Assault Cleared 0 1 Vehicle Theft Cleared 1 1 Robbery Reported 1 3 Felony Cases Reported 108 137 Robbery Cleared 0 2 Felony Cases Closed 104 163 Felony Assaults Reported 13 13 Misd Cases Reported 222 216 Felony Assaults Cleared 9 7 Misd Cases Closed 161 184 Burglary Reported 9 13 Burglary Cleared 2 3 1  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. CODE ENFORCEMENT REGULAR MONTHLY REPORT/JANUARY Assigned Calls 26 Demolition by City 3 Self-Initiated Calls 139 Demolition by Owner 0 Follow Up Inspections 203 Parking Violations 0 Complied after Notice 102 Garbage Cans Tagged 9 Three Day Notice 23 Basketball Goals 0 Seven Day Letter 96 Structures Inspected 0 Citation Letters Mailed 18 Apartment Complexes Inspected 0 Citations Issued 6 Red Tags Issued 0 Vehicles Tagged 35 Search Warrants 0 Vehicles Towed 6 Grass Mowed 0 Unsafe Structures Tagged 0 Signs Removed 0 Structures Condemned 0 Shopping Carts 0 Structures Rehabbed 0 FINANCE DEPARTMENT INTERIM FINANCIAL REPORT/JANUARY Total Revenues Total Expenditures General Fund $ 227,728 $ 2,283,310 Street Fund $ - $ 115,837 Sanitation Services Fund $ 11,047 $ 160,720 AG&F Shooting Sports Complex $ 5,874 $ 36,499 EMS Fund $ 191,197 $ 218,829 WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: ORDINANCE 1777 (#06-2025) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF A HEAVY EQUIPMENT TRAILER FOR THE JACKSONVILLE STREET DEPARTMENT; FOR APPROPRIATE IMPLEMENTATION AND ACCESS FOR THE JACKSONVILLE STREET DEPARTMENT AND CITY OF JACKSONVILLE REPRESENTATIVES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Ruple to place Ordinance 1777 on FIRST READING. ROLL CALL: Council Member Dietz, Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1777. A brief discussion ensued regarding the specific nature of the emergency which would effectuate the emergency clause. Director of Engineering & Public Works Adam Whitlow stated the trailer would carry heavy equipment, noting the current one has been repaired several times and is used for DOT testing, but the last group did not pass because it does not pass DOT standards. He confirmed this is the only thing they have to move their heavy excavators and bulldozer and would like to replace it quickly. He confirmed the City has not used this company before, but it has a comparable warranty to others. He surmised it would take six weeks before it is ready. 2  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. Council Member Ray moved, seconded by Council Member Kinman to APPROVE Ordinance 1777 on FIRST READING and SUSPEND THE RULES and place Ordinance 1777 on SECOND READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1777 on SECOND READING and SUSPEND THE RULES and place Ordinance 1777 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Kinman to APPROVE AND ADOPT Ordinance 1777 in its entirety. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. ORDINANCE 1777 (#06-2025) APPROVED AND ADOPTED THIS 20TH DAY OF FEBRUARY, 2025. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1776 (#05-2025) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (PARCEL LOCATED AT 700 GREGORY STREET); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Ruple to place Ordinance 1776 on FIRST READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1776. Council Member Dietz stated Jacksonville North Pulaski School District is selling the vacant lot where Warren Dupree Elementary used to be. He related a future need for more vacant commercial land. Discussion ensued regarding if C-1 would be a better, less intensive commercial use, rather than C-2, since there are homes adjacent to this property. 3  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. Director Whitlow read the permitted uses in a C-2 as: any use permitted in C- 1, beauty and barbershops, bowling alleys, churches and accessory buildings, convenience goods and services, day care facility, financial institutions, firing/shooting range(s), indoor theaters, parking lots, public buildings, public utilities offices and rights-of-way, private clubs and lodges, private or public facilities for firing/shooting range(s), professional and general offices, restaurant(s) with alcohol, beer, and/or wine sales, retail consumer goods stores. He then read the permitted uses in a C-1 as: churches and accessory buildings, schools (public, private and nursery), community facilities, public buildings, public utilities offices and rights-of-way, professional and general offices, hospitals and clinics, funeral homes, financial institutions, beauty and barber shops, laundry pick-up stations, coin-operated laundries, pharmacies, and day care facility. He mentioned that his Staff has received calls from out-of-state from people looking for property in the area. Council Member Ray moved, seconded by Council Member Kinman to APPROVE Ordinance 1776 on FIRST READING and SUSPEND THE RULES and place Ordinance 1776 on SECOND READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, Ray, LaBron, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy and Moss voting NAY. Council Member Ray moved, seconded by Council Member Dietz to APPROVE Ordinance 1776 on SECOND READING and SUSPEND THE RULES and place Ordinance 1776 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, Ray, LaBron, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy and Moss voting NAY. Council Member Ray moved, seconded by Council Member LaBron to APPROVE AND ADOPT Ordinance 1776 in its entirety. ROLL CALL: Council Member Dietz, Ruple, McCleary, Ray, LaBron, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy and Moss voting NAY. Council Member Ray moved, seconded by Council Member LaBron that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, Ruple, McCleary, Ray, LaBron, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy and Moss voting NAY. ORDINANCE 1776 (#05-2025) APPROVED AND ADOPTED THIS 20TH DAY OF FEBRUARY, 2025. COMMITTEE(S): GENERAL: a. ORDINANCE 1779 (#08-2025) AN ORDINANCE AMENDING AND INTEGRATING THE CITY CODE WITH UPDATED RULES AND PROCEDURES FOR THE JACKSONVILLE CITY COUNCIL AND MUNICIPAL OFFICIALS, AND FOR OTHER PURPOSES. 4  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. Council Member Ray moved, seconded by Council Member Ruple to place Ordinance 1779 on FIRST READING. ROLL CALL: Council Member Dietz, Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1779. Council Member McCoy brought up that Council is required to review their rules and procedures at the beginning of each year. She explained there was one ordinance regarding parliamentary procedures, but it did not contain information on how they conduct meetings and such. Council Member Ruple moved, seconded by Council Member Ray to APPROVE Ordinance 1779 on FIRST READING and SUSPEND THE RULES and place Ordinance 1779 on SECOND READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1779 on SECOND READING and SUSPEND THE RULES and place Ordinance 1779 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Ruple to APPROVE AND ADOPT Ordinance 1779 in its entirety. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. ORDINANCE 1779 (#08-2025) APPROVED AND ADOPTED THIS 20TH DAY OF FEBRUARY, 2025. b. ORDINANCE 1775 (#04-2025) AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT FOR FIBER OPTIC, DATA MANAGEMENT, DIGITAL INFORMATION SERVICES, AND ELECTRONIC TRANSMISSION COMMUNICATIONS SERVICES WITHIN THE CITY WITH UNITI FIBER LLC; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member LaBron to place Ordinance 1775 on FIRST READING. ROLL CALL: Council Member Dietz, Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCleary ABSTAINING. Whereupon City Attorney Friedman read the heading of Ordinance 1775. Uniti Fiber Field Operations Manager Chris Taylor stated their corporate office is in Little Rock. He explained they are merging with Windstream, who already has fiber in the area. He confirmed there are no plans for a ring around the City at this time and they have one customer here, but will seek more. He mentioned currently not offering fiber to residential, but do sell to businesses in the area. He confirmed they will not be running fiber in backyards, etc., since most go down the interstate and main roads only. He related that they do not have people to do repairs, but will contract it out. 5  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. Council Member Twitty and Council Member Ruple shared concerns for citizens since previous companies caused damage to multiple properties. Director Whitlow confirmed this franchise agreement does not guarantee that the right-of-way is a suitable width or has the capacity to distribute their network. He noted it only allows them, if there is capacity, on a first come, first serve basis. He explained the franchise agreement gives the City permitting authority, while establishing a 4.25% fee the City receives, which equates to approximately $1 million a year with all franchises combined. Council Member Ray moved, seconded by Council Member LaBron to APPROVE Ordinance 1775 on FIRST READING and SUSPEND THE RULES and place Ordinance 1775 on SECOND READING. ROLL CALL: Council Member Dietz, Ray, LaBron, Kinman, and Mimms voted AYE. MOTION FAILED with Council Member Ruple, McCoy, Moss, and Twitty voting NAY and Council Member McCleary ABSTAINING. City Clerk Davitt noted seven ayes are required to suspend the rules, therefore, Ordinance 1775 will be on the next meeting agenda. c. ORDINANCE 1778 (#07-2025) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 3.080.044, SO AS TO MODIFY COMPETITIVE BIDDING AND PURCHASING PROCEDURES FOR THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member LaBron to place Ordinance 1778 on FIRST READING. ROLL CALL: Council Member Dietz, Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1778. Mayor Elmore related that the State changes the competitive bidding threshold every five years. He explained this raise if due to inflation and this ordinance states the City will follow the State Statute as it changes. Council Member McCoy stated as a first class city, we do not have to change it from what it currently is at $35,000.00; this is not mandated, but is optional. Mayor Elmore concurred. When Council Member Ruple inquired how fast the aforementioned equipment trailer would have been obtained if this change was in place, Director Whitlow replied that they could have placed the order when the quote was received, had they met the purchasing procedures. He mentioned also needing to order a half ton truck over $35,000.00, but if they are under the new $42,921.00 threshold, their options expand where they are still good stewards of the public’s money. Discussion ensued regarding if the emergency clause was necessary where Mayor Elmore determined it could go without the emergency clause and be enacted in thirty days. 6  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. Council Member Ray moved, seconded by Council Member Kinman to APPROVE Ordinance 1778 on FIRST READING and SUSPEND THE RULES and place Ordinance 1778 on SECOND READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member LaBron to APPROVE Ordinance 1778 on SECOND READING and SUSPEND THE RULES and place Ordinance 1778 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member LaBron to APPROVE AND ADOPT Ordinance 1778 in its entirety. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. ORDINANCE 1778 (#07-2025) APPROVED AND ADOPTED THIS 20TH DAY OF FEBRUARY, 2025. d. RESOLUTION 853 (#01-2025) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTIES BORDERING THE SOUTHERN BOUNDARIES OF THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS THE WOOTEN ROAD ANNEXATION); AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member LaBron to read Resolution 853 (#01-2025). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 853 (#01-2025). Council Member Ray moved, seconded by Council Member McCleary to adopt Resolution 853 (#01-2025) in its entirety. MOTION CARRIED. e. Karen Kinney to express concerns regarding First Presbyterian Church Warming Center Karen Finney recalled First Presbyterian Church being the site of the warming center for six years, but requests the City assist in locating a new space for it starting Fall 2025. She explained this is a desperately needed service and can mean the difference between life and death for the unsheltered. She listed reasons why they can no longer remain a warming center is mainly their aging congregation, which have health factors limiting their physical stamina required to run it, and the facility having only one restroom, which is inadequate for the number of people served. She shared that they have created an organizational manual they will make available and will donate all resources collected. She noted the criteria for opening is a temperature below 25 degrees Fahrenheit, or freezing precipitation. She urged planning to start soon so a new location can be established this Fall. She mentioned fear other congregations may have regarding opening a warming center, but believes the manual would help. She surmised they had around 40 volunteers with approximately 7 being a part of their own church congregation. 7  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2025 6:00 P.M. – 7:18 P.M. APPOINTMENTS: UNFINISHED BUSINESS: When Council Member Dietz inquired about planning code updates, Director Whitlow responded that James Walden should be meeting with him in a month to go over it. He also brought up his desire to update the Planning Area Boundary Map for the City. He would like to have a joint working session with the Planning Commission and City Council. NEW BUSINESS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 7:18 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer 8