24 JUN 6CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 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 June 6, 2024 at their regular meeting place. Council Member Bolden delivered the invocation and Mayor
Elmore led a standing audience in the “Pledge of Allegiance.”
ROLL CALL: City Council Members: Dietz, Bolden, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT
NINE (9) ABSENT ONE (1). Council Member McCleary was absent.
Others present for the meeting were: City Attorney Stephanie Friedman, Fire Chief Alan Laughy, Finance Director Cheryl Erkel, Director of Engineering & Public Works Adam Whitlow, CDBG
Director Michelle Spencer, Police Captain Ryan Wright, IT Support Shawn Sutterfield, and Hal Gunner.
PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regularly scheduled City Council meeting of May 16, 2024 for approval and/or correction at the next regularly scheduled
City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Ray moved, seconded by Council Member Twitty that the minutes of the regularly scheduled City Council meeting of May 2, 2024 be
APPROVED. MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT: ENGINEERING DEPARTMENT
Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report for May 2024.
MAY
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 32 Building Inspections 43
Business License Electrical 46 Plumbing 53
HVACR 30
ROLL CALL: Council Member: Dietz, Bolden, Sansing, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
COMMITTEE(S):
GENERAL: a. PUBLIC HEARING Approval of CDBG 2023 Consolidated Annual Performance & Evaluation Report (CAPER)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 P.M.
CDBG Director Michelle Spencer stated the public comment period was April 15th -30th, where one was received that she referred to the Mayor, City Engineer, and Director of Economic Development.
She noted there were a few corrections she had to update as of June 3rd. She listed accomplishments including Housing and Rehabilitation for 1 family totaling $800.00, Covid Rental/Utility/Food
Assistance for 37 individuals totaling $40,141.00, Utility Assistance for 13 individuals for $5,416.98, Emergency Shelter for 6 families totaling $1,793.02, Senior Center facility improvements
totaling $20,002.04, Boys and Girls Club facility improvements totaling $24,971.23, and General and Rehab Administrative costs totaling $34,450.00. She explained in total, they reached
$119,000.00 for the year. She brought up nearly $22,000.00 in donations received when the tornado hit that helped citizens with things insurance would not cover. She listed three projects
where assistance was provided was replacing an HVAC system due to electrical power surge for $7,607.00, repair/replace roofing shingles for $4,000.00, and the repair of plumbing and
foundation for $6,067.00.
b. Proposed summary for CDBG 2024 Annual Action Plan and reallocations
Director Spencer stated the City has been allocated $230,739.00, which is an increase of $2,770.00 from last year. She explained the deadline is August 16, 2024 and there will be a citizen
comment period, most likely starting June 24th, that will run for 30 days and be advertised in the Leader Newspaper and on the City’s website. She hopes to reallocate 2018-2023 funds
totaling $412,593.07 during that time. She mentioned they are unobligated funds from 2018-2022 that were not used, but with HUD and the Federal government, if you do not use it, you
will lose it. She would like to use those funds in the Sunnyside Subdivision and the low-moderate income areas to be able to assist with needs. She will take all suggestions and research
what costs are eligible or not and come back to Council in August with a list of projects. She listed the 2024 Allocation Proposal as Administration having a 20% cap totaling $46,148.00,
Public Service having a 15% cap totaling $34,611.00, Public Improvement at 13% totaling $29,996.00, Neighborhood Revitalization at 5% totaling $11,537.00, Economic Development at 2%
totaling $4,615.00, and Housing and Rehabilitation at 45% totaling $103,832.00. She told how she held public community meetings on June 4th at the Jacksonville Community Center and
on June 5th at the Jacksonville Towers and Jacksonville Housing Authority.
Council Member Bolden recommended putting the meeting dates on the four LED signs in the future to make more citizens aware.
When Council Member Moss inquired about the backpack program, Director Spencer replied she hopes to reach out to schools with younger students to start it before back to school time
this year, noting the program existed with Jacksonville Boys and Girls Club.
When Council Member Rains mentioned repairs needed at the Boys and Girls Club, Director Spencer confirmed she has been in contact with Mr. Boone and has a list of items that need attention.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 P.M.
c. RESOLUTION 848 (#06-2024)
A RESOLUTION APPROVING AND GRANTING AUTHORIZATION FOR THE CITY OF JACKSONVILLE TO ENTER INTO AN AGREEMENT FOR PLANNING SERVICES WITH GARVER, LLC; AND, FOR OTHER PURPOSES.
Council Member Ray moved, seconded by Council Member Twitty to read Resolution 848 (#06-2024). MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Resolution 848 (#06-2024).
Director of Engineering & Public Works Adam Whitlow recalled in March, they advertised for a Request for Qualifications (RFQ) for on-call planning services. He explained three companies
picked up application packets, but only one responded, which was Garver. He confirmed it is a contract that would give him another tool for planning services such as resolving conflicts
with the Code of Ordinances, assisting with updates of several comprehensive plans that are outdated, provide guidance on public hearing processes, and review new planning/zoning-related
ordinances. He detailed that City Planners have a lot of knowledge in municipal planning law, processes that planning/zoning go through, and other things he does not always get into
deep from his engineering background. He told how he has access to Municipal League and Metroplan, but has invited Garver Lead Planner James Walden here tonight if anyone has questions.
He confirmed there is already a line item in his budget for consulting services that this would come out of. He mentioned needing to amend the City’s planning area boundary.
Council Member Sansing related that the contract looks like it covers a lot more than just planning services.
Director Whitlow replied that Garver is a big firm, but he only intends to use them for on-call planning services. He assured this is not an engineering contract, by any means, noting
the City has an outstanding RFQ for that.
City Clerk Davitt pointed out this will be a great benefit for the City of Jacksonville and the Planning Commission.
Council Member Sansing would like Jacksonville taxpayer money to be spent in Jacksonville, reiterating that the contract covers a lot more than what Director Whitlow discussed.
Director Whitlow stated it is an hourly-rate contract, so it covers everything, since the City did not define a scope. He brought up it being cumbersome to solicit for each small project,
reiterating it is not for engineering, but is specifically for planning services, which includes a broad range of things.
Council Member Sansing recalled they have recently experienced an up sale to the City, so he wants to make sure this is not another that is going to cost taxpayer money.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 P.M.
Director Whitlow explained that City Planners work at a municipal level, not at a developer level, so typically the only firms are like Garver, Crafton Tull, and Jacobs. He confirmed
the ones who picked up information packets were Garver, Crafton Tull, and an out-of-state firm. He related there are no local city planning firms, so Bond Engineering for example, provide
engineering, but this is for municipal planning and zoning. He told how he has worked with Mr. Walden in Cabot for several years, who started under Jim Von Tungeln, who is now Municipal
League’s City Planner.
Council Member Bolden questioned the feasibility of hiring a City employee, instead of having a contract with an outside company.
Director Whitlow was not opposed to the idea, but mentioned a possible problem of City Planners not being readily available right now, so it would be expensive. He does not think the
City needs one full-time, noting the amount expended on an annual basis with this contract would be substantially less than having a staff position. He related that a city the size
of Jacksonville usually either has a City Planner with a consulting engineer, or a City Engineer with a consulting planner. He told how Sherwood has a City Planner and City Engineer,
but that is probably the minimum size city where you would benefit from having both. He confirmed he has seen other contracts stating minimum allocations per month, but that is not
the case here; if the City does not use them, the City does not pay. He related the City can keep multiple RFQs active, reiterating that three companies picked up packets, but Garver
was the only one who was interested and turned it in. He noted the contract can be terminated at any time by either party.
Mayor Elmore clarified there is no retainer fee and the City is not paying them for their services we may not use; it is purely for if something comes up that Municipal League or others
cannot help with.
Director Whitlow brought up that the City has an engineering contract RFQ with McClelland Consulting Engineers that was originally engaged in 2009 and can be terminated at any time.
He explained they give the City a work order per project and this will function similar to that. He surmised most items are going to be small scale and under a $5,000.00 threshold,
but they have made provisions in the contract where Council can review it more in-depth for bigger ones.
Council Member Dietz mentioned outdated City codes and the need for revision to protect the City, because we cannot enforce conflicting regulations.
Council Member Bolden suggested using Municipal League to update codes since the City is paying them.
Mr. Walden explained the primary planning service Municipal League provides is having Jim Von Tungeln on retainer who provides, basically, a day per year to any city, then negotiates
some level of service beyond that. He is extremely familiar with Mr. Von Tungeln, since he worked with him starting in 2007, and is comfortable working with him as much as needed. He
told how, in
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 P.M.
conjunction with Metroplan, they are working with the City of Wrightsville to help update some things. He told how he comes from a municipal background, pointing out before he came back
to Garver, he was the planning director for the City of Conway, so he understands budget constraints and the desire to be fiscally responsible. He recalled providing these kinds of
services to the City of Sherwood, Cabot, and Bryant through Garver.
Council Member Ray shared that he had spent ten years on the Municipal League Board where they do the same thing and hire outside experts to make major decisions for all cities they
cover.
When Council Member Moss inquired, Mr. Walden surmised a City Planner salary would be between $65,000.00-$75,000.00, for those coming out of grad school.
Council Member Rains estimated the costs for twenty hours using the highest rate in the contract would be around $10,000.00.
Mr. Walden explained his team consists of seven urban planners whose experience ranges from being brand-new, to himself, being a P-4 rate, not a P-5.
Council Member Sansing shared his concern is on the bottom half of Exhibit A (Scope of Services) that mentions surveying. He asked why are they talking about surveying when we have surveyors
here that know this town and work in it all of the time? He reiterated his problem is not rewriting ordinances, but is what is stated on the bottom half.
Mr. Walden confirmed the only services Garver provides is listed under 1.1; 1.2 is standard contract language he did not delete, but it could be if the City wanted to before they approve.
Council Member Sansing replied that would alleviate a lot of his concerns of having a contract not limited in scope, whereas what the City wants is limited in scope.
Mr. Walden clarified that 1.2.1 “Give thorough consideration to all documents and other information presented” and 1.2.7 “Provide legal, accounting, and insurance counseling services
necessary for the project and such auditing services as the City may require” would need to stay.
Council Member Kinman related her trust in Director Whitlow to make the decision if he requires their services or not as he sees fit.
Mr. Walden noted he is not an engineer, so he would not be providing engineering services.
Director Whitlow brought up that the City has an active accepted RFQ with Garver to do stormwater mapping prior to him ever working here, so the City already has an engineering contract
with them.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 P.M.
Council Member Ray affirmed that big corporations and the Municipal League do the same thing and hire professionals to plan for the future.
Council Member Ray moved, seconded by Council Member Rains to adopt Resolution 848 (#06-2024) in its entirety. MOTION CARRIED with Council Member Bolden and Sansing voting NAY.
d. DISCUSSION: Airbnb Regulations
Council Member Dietz confirmed work is being done on an ordinance regarding short-term rentals. He would like to know their locations and get them registered with guidelines. He related
that North Little Rock has an ordinance that is now being enforced, where some requirements include having the owner’s contact information on the building, no advertising, approval
required, and limiting the number of vehicles and guests. He told how Jacksonville has some with ten people with five cars in three-bedroom one-bathroom homes, which should not be allowed.
He mentioned a lot of people who had them in North Little Rock want to move to Jacksonville because they know we do not have those rules and regulations. He would like to know how many
there are in the City, start charging for a business license, and be able to inspect them, which will all be in the ordinance.
Council Member Rains asked if there is a way to have this registry for rentals, or are we just discriminating on short-term ones? She thought it was interesting they are proposing to
charge these business owners to be on the registry.
Captain Wright recalled that Council passed an ordinance regarding vacant property registration requiring landlords with vacant properties to register them with Code Enforcement so they
know who owns what. He noted they also passed an ordinance requiring apartment complexes to have business licenses, so he sees these short-term rentals as any other business in the
City.
Council Member Dietz confirmed everyone who has a business has to pay for an occupational license to the City, which he gets every year as a realtor.
Captain Wright pointed out that having a registry would be helpful if something were to happen at these properties to give the Police Department a contact number. He surmised if the
tenants are causing disturbances, they could contact the owners to deal with the situation, as far as removing the tenant, etc.
Council Member Rains reiterated that if Council is setting a precedent on short-term rentals, we should know where all of our rentals are.
City Attorney Friedman told how she has spoken to Director Whitlow and drafted an ordinance, noting this is one of the top things he wants Garver to look at, so it is in the works.
Director Whitlow concurred, reiterating it needs to be specific to Jacksonville to address our needs.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2024
6:00 P.M. – 7:06 P.M.
Council Member Rains believes if the City is going to be doing this for one, then they should do it for all. She told how she hears complaints, noting not all short-term rentals are
bad, but if we are going to be setting a precedent for one, we should be doing that for all.
Mayor Elmore confirmed City Attorney Friedman is working on this project, which cannot be thrown together overnight.
APPOINTMENTS:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANNOUNCEMENTS:
ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 7:06 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR JEFF ELMORE
City Clerk-Treasurer