23 MAR 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 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 March 2, 2023 at the regular meeting place of the City Council.
Council Member Bolden delivered the invocation and Mayor Elmore led a
standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: City Council Members: Dietz, Bolden, McCleary, Sansing, Ray, Twitty,
Kinman, and Rains answered ROLL CALL. Mayor Elmore also answered ROLL CALL
declaring a quorum. PRESENT EIGHT (8) ABSENT (1) VACANT SEAT (1). Council Member
Mashburn was absent.
Others present for the meeting were: City Attorney Stephanie Friedman, Parks
and Recreation Director Kevin House, Fire Chief Alan Laughy, Human Resource
Director Charlette Nelson, City Engineer Adam Whitlow, CDBG Director Michelle
Spencer, IT Director Emily Osment, Assistant Finance Director Laura Collie,
Jim Moore, Lida Feller, Jerry Sanders, Marsha Dornblaser, Leonard Montgomery,
Samuel Baker, and Geraldine Broadway.
PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regularly
scheduled City Council meeting of February 16, 2023 for approval and/or
correction at the next regularly scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Council Member Bolden moved, seconded by Council Member Ray that the minutes
of the regularly scheduled City Council meeting of February 2, 2023 be
APPROVED. MOTION CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT: ORDINANCE 1723 (#07-2023)
AN ORDINANCE DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL
PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS FOR
ACQUISITION OF PUBLIC EASEMENTS AND RIGHTS OF WAY FOR THE CONSTRUCTION AND
DEVELOPMENT OF IMPROVED PUBLIC WATER LINES FOR THE CONSTRUCTION PROJECTS ON
BEHALF OF JACKSONVILLE WATER WORKS; AND, FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Twitty to place
Ordinance 1723 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Whereupon City Attorney Friedman read the heading of Ordinance 1723.
City Attorney Friedman stated this is a continuation of what City Council
approved last year. She explained that the Water Department found out the
Arkansas Department of Transportation’s plans had changed, therefore, they
had to modify their plans as well. She detailed that this is a portion of the
McDonald’s parking lot on the North First Street side, noting that City
Council already approved it on the Loop Road side.
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE
Ordinance 1723 on FIRST READING and SUSPEND THE RULES and place Ordinance
1723 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary,
Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE
Ordinance 1723 on SECOND READING and SUSPEND THE RULES and place Ordinance
1723 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND
ADOPT Ordinance 1723 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
ND
ORDINANCE 1723 (#07-2023) APPROVED AND ADOPTED THIS 2 DAY OF MARCH, 2023.
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT: ORDINANCE 1719 (#03-2023)
AN ORDINANCE WAIVING COMPETITIVE BIDDING TO REBUILD A JACKSONVILLE PUBLIC
WORKS VEHICLE; FOR APPROPRIATE IMPLEMENTATION AND ACCESS FOR DEPARTMENT AND
CITY OF JACKSONVILLE REPRESENTATIVES; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
City Engineer Adam Whitlow stated this is to rebuild the Sanitation truck
that burned, to make it a good backup. He explained this is not an item they
could bid and have searched for months for the best option to recoup the
equity of the truck, since it has a good trash body, but a burned chassis. He
assured they have done a lot of research and were referred by a few vendors
to Terrific Trucks and Equipment Sales, since they specialize in refurbishing
trucks. When Council Member Bolden inquired, he shared that Assistant Public
Works Director Randy Watkins checked out references for this company,
confirming they have a chassis that will pair with their system, where the
local dealerships do not. He was unsure if there is a warranty offered,
surmising it is an as-is deal, but would like to insure all of their
frontline trucks, since they only have liability. When Council Member
McCleary inquired, he responded this will give them three backup trucks,
adding that they plan to put the 2011 models on govdeals.com as soon as they
get the two new trucks in. He shared updates on when the new trucks are
expected to arrive, adding that they have repaired one backup truck and
received a rental truck, so he expects Sanitation services to normalize soon.
When Council Member Rains inquired, he explained they will put the 2018 trash
body on a 2006/2007 refurbished chassis to make a pre-emissions backup truck.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Council Member Ray moved, seconded by Council Member Bolden to place
Ordinance 1719 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Whereupon City Attorney Friedman read the heading of Ordinance 1719.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE
Ordinance 1719 on FIRST READING and SUSPEND THE RULES and place Ordinance
1719 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary,
Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE
Ordinance 1719 on SECOND READING and SUSPEND THE RULES and place Ordinance
1719 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE AND
ADOPT Ordinance 1719 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains 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,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
ND
ORDINANCE 1719 (#03-2023) APPROVED AND ADOPTED THIS 2 DAY OF MARCH, 2023.
PARKS & RECREATION: Request to accept bid: Tom Cory Memorial Fountain
Renovation
Parks and Recreation Director Kevin House stated they only received one bid
back and it was from a contractor they currently work with. He explained the
bid does not include any unforeseen broken pipes underground, or electrical,
but he has licensed electricians inhouse that can do that part. He surmised
10% contingency for unforeseen expenses. When Council Member Twitty inquired,
he replied that other cities have confirmed that fountains are a maintenance
nightmare, adding that three other contractors would not bid on it if they
were required to give a warranty. He detailed that the bid included resealing
the three pools, installing all new equipment in the pit to run the fountain,
and new lighting. He confirmed with this purchasing amount, the State
requires them to go out for bid. He pointed out that since this company has a
Tips/Taps number, they could have legally had him do the work without the
bid, but he felt like it was best to see what other prices they could get. He
brought up that this company offers a one-year warranty, but only on what he
repairs.
Council Member Twitty would like to see this tabled since this is a lot of
money to spend without a guarantee. She shared that she has reached out to
Little Rock and they are closing their fountains down.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Director House concurred, saying it is a theme across the State with people
closing fountains since they are hard to maintain and are labor-ridden.
Council Member Ray recalled that the fountain has been broken for three
years. He related that Tom Cory was a good supporter of the City of
Jacksonville and had his factory here. He surmised if they keep putting it
off, the price will just keep getting more expensive, therefore, they should
fix it and properly train City workers to maintain it.
Council Member Sansing stated the fountain has been a wonderful thing, but as
time has passed, it has turned into a money pit. He suggested turning it into
a beautiful garden.
Council Member Twitty related that it was a gift to the City, so she would
not want to make any decisions regarding it until they can reach out to the
person who gifted it, for their input, out of respect.
Council Member Ray moved to accept the bid of $132,573.00 from Clarity Pools.
MOTION DIED FOR LACK OF SECOND.
Council Member Twitty moved, seconded by Council Member Rains to TABLE the
Tom Cory Memorial Fountain Renovation bid until more information is gathered.
MOTION CARRIED.
PLANNING COMMISSION: a. ORDINANCE 1720 (#04-2023)
AN ORDINANCE AMENDING ORDINANCE NOS. 213 AND 854, MODIFYING JACKSONVILLE
MUNICIPAL CODES §§ 18.86.010, 18.86.020, 18.86.030 AND CREATING JACKSONVILLE
MUNICIPAL CODE 18.86.040; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Bolden to place
Ordinance 1720 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Whereupon City Attorney Friedman read the heading of Ordinance 1720.
Council Member Dietz explained that these ordinances were referred to the
Planning Commission by the City’s Engineering staff. He stated these will get
the City’s Codes more in line with surrounding cities and reduce the need for
people to come before the Planning Commission. He detailed that one is
regarding accessory building size, one is regarding submission time
requirement, and one is regarding commercial design standards.
City Engineer Adam Whitlow related that they are updating the plat submission
time from 10 days to 28 days to allow additional time to review, make
comments, and then get those comments back, so there are less contingencies
when presented to the Planning Commission. He mentioned consistently
receiving accessory building size variance requests, adding if you get too
many variances in a particular area, you need to reexamine your Code. He
explained that the current ordinance was not conceived with acreage tracts in
mind, but larger accessory buildings would fit, therefore, the Planning
Commission tends to grant those variances. He researched adjoining cities and
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
noticed that all of them have a secondary clause to address lots over half of
an acre, or larger, and gave a percentage criteria, so they modeled ours
after theirs, along with increasing the base size limit from 650 square feet
to 850, which would have taken care of 95% of the variance requests they have
seen. He brought up commercial design standards, particularly when it comes
to façade requirements, that would also require new construction, such as
along the Highway 67/167 corridor, to have high quality materials on the
front and on eight feet of the sides. He plans to have more Code updates in
the future to come before City Council so that in a year and a half, they
will have good, clean revised Planning Commission design standards. When
Council Member Bolden inquired, he confirmed that accessory structures cannot
be rented out because it then becomes a commercial use.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE
Ordinance 1720 on FIRST READING and SUSPEND THE RULES and place Ordinance
1720 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary,
Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Twitty moved, seconded by Council Member Ray to APPROVE
Ordinance 1720 on SECOND READING and SUSPEND THE RULES and place Ordinance
1720 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND
ADOPT Ordinance 1720 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
Council Member Ray moved, seconded by Council Member Bolden that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
ND
ORDINANCE 1720 (#04-2023) APPROVED AND ADOPTED THIS 2 DAY OF MARCH, 2023.
b. ORDINANCE 1721 (#05-2023)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODES §§ 17.12.020, 17.12.030,
AND 17.12.110 REGARDING CERTAIN ZONING AND BUILDING PROVISIONS AND
REQUIREMENTS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Bolden to place
Ordinance 1721 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Whereupon City Attorney Friedman read the heading of Ordinance 1721.
Mayor Elmore stated this was included in the last ordinance discussion.
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE
Ordinance 1721 on FIRST READING and SUSPEND THE RULES and place Ordinance
1721 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary,
Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE
Ordinance 1721 on SECOND READING and SUSPEND THE RULES and place Ordinance
1721 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE AND
ADOPT Ordinance 1721 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
Council Member Ray moved, seconded by Council Member Bolden that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
ND
ORDINANCE 1721 (#05-2023) APPROVED AND ADOPTED THIS 2 DAY OF MARCH, 2023.
Council Member Twitty mentioned the original amount set aside for the splash
pad was $300,000.00, and asked if they need to make a motion to set an amount
so that money does not get spent elsewhere.
Parks and Recreation Director Kevin House assured that the $300,000.00 that
was proposed for the splash pad will not be spent by his department, but
could not say regarding others.
When Council Member Rains brought up variances between line items that were
already approved, Mayor Elmore replied, according to the Finance Department,
the actual balance is more around $200,000.00, instead of $300,000.00, due to
those overages.
Director House related the funds have to be spent by the end of this year.
Council Member Twitty moved, seconded by Council Member Kinman to set aside
the remaining balance of the American Rescue Plan Act (ARPA) money for the
Tom Cory Memorial Fountain renovation, or to build a new splash pad.
Mayor Elmore noted if the funds are not spent by the end of this year, then
what is left is forfeited, so he suggested acting quick, or move on.
Council Member Bolden had a problem setting aside funds that might not be
used and lost.
Council Member Twitty assured they are only going to lose them if they do not
use them, and they will use them; even if not for this.
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Council Member Rains pointed out that the splash pad estimate was
$300,000.00, so it is not something they can do and, it was voted down.
Council Members Dietz and Ray opposed having a splash pad downtown.
Director House clarified that the bond money for the shot curtain has to be
spent by the end of this year; he was unsure of the ARPA money deadline.
Discussion ensued regarding the actual deadline to allocate the ARPA money
and it was decided to give City Attorney Friedman time to confirm.
Council Member Twitty and Council Member Kinman WITHDREW their previous
motion and second to set aside the remaining balance of the American Rescue
Plan Act money for the Tom Cory Memorial Fountain renovation, or to build a
new splash pad.
c. ORDINANCE 1722 (#06-2023)
AN ORDINANCE SETTING FORTH REQUIREMENTS FOR COMMERCIAL DESIGN STANDARDS;
AMENDING ORDINANCE NO. 213; CREATING JACKSONVILLE MUNICIPAL CODES §§
16.22.010-16.22.060; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Bolden to place
Ordinance 1722 on FIRST READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Whereupon City Attorney Friedman read the heading of Ordinance 1722.
Mayor Elmore stated this is part three of the earlier ordinance discussion.
When Council Member Rains inquired, Council Member Dietz clarified that this
will only affect the new buildings because they cannot mandate everyone to
change what they already have.
Engineer Whitlow added there are a list of conditions of triggering factors,
and the main one is new construction, along with anything that would cause
them to have to do full upgrades to be in compliance with Code. He confirmed
it does protect all existing ones and should not affect high-end developments
coming.
Council Member Bolden moved, seconded by Council Member Ray to APPROVE
Ordinance 1722 on FIRST READING and SUSPEND THE RULES and place Ordinance
1722 on SECOND READING. ROLL CALL: Council Member Dietz, Bolden, McCleary,
Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE
Ordinance 1722 on SECOND READING and SUSPEND THE RULES and place Ordinance
1722 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, Bolden,
McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Council Member Ray moved, seconded by Council Member Bolden to APPROVE AND
ADOPT Ordinance 1722 in its entirety. ROLL CALL: Council Member Dietz,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains 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,
Bolden, McCleary, Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION
CARRIED.
ND
ORDINANCE 1722 (#06-2023) APPROVED AND ADOPTED THIS 2 DAY OF MARCH, 2023.
COMMITTEE(S):
GENERAL: DISCUSSION City-owned Sunnyside lots sale
Council Member Dietz referenced a list of City-owned Sunnyside lots he has
provided to City Council, explaining he has a perspective buyer that would
like to buy them all for $750.00 each, plus fees. He explained that a
majority of them are small and in disarray, noting 60% of the houses there
are rentals with some owners living out of state. He confirmed the list are
the ones the City is willing to sell, noting that City Attorney Friedman will
draft a resolution for City Council to approve.
Council Member Twitty pointed out that the potential buyer is probably going
to put in more rentals.
Council Member Dietz stated if they build new houses, it will better fit the
area, and possibly make it start growing again. He mentioned the expense for
the Parks and Recreation Department to keep up with mowing these lots. He
assured he has worked on this for a year and a half and has talked to the
people who live there.
Council Member Bolden suggested putting the addresses and price in the
newspaper to give the people who live there a chance to buy, since they may
not know they are $750.00.
When Council Member Kinman inquired, Council Member Dietz replied that after
fees, he surmised $1,150.00 would be the price to close on a single lot.
APPOINTMENTS:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANNOUNCEMENTS: Ward 4, Pos. 1 Council Member resumes
Council Member Ray moved, seconded by Council Member Twitty to ENTER INTO
EXECUTIVE SESSION. ROLL CALL: Council Member Dietz, Bolden, McCleary,
Sansing, Ray, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED with
executive session beginning at approximately 6:57 p.m.
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2, 2023
6:00 P.M. – 7:13 P.M.
Council Member Bolden moved, seconded by Council Member Twitty to RECONVENE
FROM EXECUTIVE SESSION at approximately 7:07 p.m. MOTION CARRIED.
Mayor Elmore announced that the Council Members were all given a packet with
the names of the people who have requested to be considered for the vacant
Ward 4 Position 1 seat. He listed the names as Leonard Montgomery, Samuel
Baker, John Paintin, Marsha Dornblaser, Richard Moss, and Geraldine Broadway.
He shared that over the next two weeks, Council Members will be analyzing,
and possibly conducting interviews, to become comfortable in making a
decision. When Council Member Rains inquired, he allowed the potential
candidates in the audience to stand and say their name, but not to address
Council since all were not informed of the opportunity. He thanked them for
their willingness to be considered for the Council Member position.
Council Member Rains suggested giving all candidates the opportunity and
notice to speak to Council and the constituents at the next meeting.
Mayor Elmore confirmed he will look into it and come up with a plan.
Jerry Sanders stated he has been a citizen of Jacksonville for 48 years and
has come tonight as a taxpayer and registered voter. He feels like Council is
taking his rights away since he would like to choose who sits in the vacant
Council Member seat. He assured the system does work, recalling seats have
sat vacant for quite a while in the past. He would like to let the voters
choose who to have in the vacant Council Member seat. He shared that he spoke
to the Elections Commission that confirmed Mayor Elmore has the right to veto
it within 45 days and Council can pass it again with 75% of votes. He brought
up possibly spending $200,000.00 on a fountain, where a Special Election
could cost around $20,000.00, but the voters have rights and the system
works.
ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at
approximately 7:13 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR JEFF ELMORE
City Clerk-Treasurer
9