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24 JUN 20CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 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 20, 2024 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, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8) ABSENT TWO (2). Council Members Bolden and Sansing were absent. Others present for the meeting were: Fire Chief Alan Laughy, Assistant City Clerk Emilia Vazquez, Communications Director Emily Sundermeier, CDBG Director Michelle Spencer, and Jim Moore. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regularly scheduled City Council meeting of June 6, 2024 for approval and/or correction at the next regularly scheduled City Council meeting. City Clerk Davitt noted a correction on page 2 of the presented minutes that should say “15th“, instead of “18th”. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Ray moved, seconded by Council Member Rains that the minutes of the regularly scheduled City Council meeting of May 16, 2024 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT: FIRE DEPARTMENT Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report for May 2024, reflecting a fire loss of $2,000.00 and a savings total of $808,000.00. REGULAR MONTHLY REPORT: POLICE DEPARTMENT Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report for May 2024 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT: CODE ENFORCEMENT Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report as presented for May 2024. Assigned Calls 110 Demolition by City 1 Self-Initiated Calls 287 Demolition by Owner 1 Follow Up Inspections 760 Parking Violations 3 Complied after Notice 407 Garbage Cans Tagged 15 Three Day Notice 43 Basketball Goals 0 Seven Day Letter 484 Structures Inspected 1157 Citation Letters Mailed 125 Apartment Complexes Inspected 0 Citations Issued 5 Red Tags Issued 2 Vehicles Tagged 52 Search Warrants 0 Vehicles Towed 2 Grass Mowed 120 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. Unsafe Structures Tagged 0 Signs Removed 5 Structures Condemned 0 Shopping Carts 0 Structures Rehabbed 0 REGULAR MONTHLY REPORT: ANIMAL CONTROL Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report for May 2024. ADOPTION FEES $ 3,410.00 SPAY/NEUTER FOR ADOPTED DOGS 3,410.00 Paid by the City of Jacksonville 3,410.00 Best Friends Animal Rescue Grant - Paid for by JFOTA - FINES 3,302.27 CONTRIBUTIONS 3,659.07 TOTAL $ 6,961.34 ROLL CALL: Council Member: Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: ORDINANCE 1756 (#09-2024) AN ORDINANCE WAIVING COMPETITIVE BIDDING TO PURCHASE A JACKSONVILLE SANITATION DEPARTMENT VEHICLE; FOR APPROPRIATE IMPLEMENTATION AND ACCESS FOR DEPARTMENT AND CITY OF JACKSONVILLE REPRESENTATIVES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Director of Engineering & Public Works Adam Whitlow related the need for storing, compacting, and transporting plastics for recycling. He recalled they budgeted for a compactor to compact and bale them, but it would cost the same as a garbage truck that would provide more flexibility. He had vendors search over the past year with one coming from the City of Hamburg, who had a 2015 model with 49,000 miles come through Arkansas Municipal Equipment. He confirmed it is within budget, noting no way to bid used equipment. He included other quotes ranging from a 2006 Loadmaster with 125,000 miles for $106,400.00, up to a 2014 Freightliner for $147,000.00. He mentioned the one wanted was in great condition when they drove it and had a mechanic look at it. He brought up a last minute quote received for a 2006 Peterbilt with over 100,000 miles that would be price-matched, but he still wants to pursue the 2015 model. Council Member McCleary moved, seconded by Council Member Twitty to place Ordinance 1756 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1756. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. Council Member Ray moved, seconded by Council Member Twitty to APPROVE Ordinance 1756 on FIRST READING and SUSPEND THE RULES and place Ordinance 1756 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1756 on SECOND READING and SUSPEND THE RULES and place Ordinance 1756 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member McCleary to APPROVE AND ADOPT Ordinance 1756 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Twitty that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1756 (#09-2024) APPROVED AND ADOPTED THIS 20TH DAY OF JUNE, 2024. PARKS & RECREATION: PLANNING COMMISSION: COMMITTEE(S): GENERAL: a. PUBLIC HEARING ORDINANCE 1753 (#06-2024) AN ORDINANCE CREATING JMC §§ 5.09.010-5.09.070, CREATING REQUIREMENTS FOR HOTELS AND MOTELS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Elmore opened the public hearing at approximately 6:09 p.m. With no one requesting to speak, Mayor Elmore closed the public hearing at approximately 6:09 p.m. Council Member Ray moved, seconded by Council Member Twitty to place Ordinance 1753 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1753. Police Chief Brett Hibbs mentioned a lot of crime at hotels, including drugs, and surrounding businesses suffering from shoplifting, thefts, and more. He explained these are best practices used by decent hotels, while ours take cash and do not keep a roster with IDs, so most people who stay are local drug addicts or dealers. He mentioned yesterday a homicide suspect wanted in Little Rock was found at one, where he was not on a roster and the room was rented by an employee. He noted the money usually goes under the table, so the City does not get taxes out of it. He pointed out that hotels on John Harden Drive house a lot of transients. He explained when they have unfilled rooms, they fill them with anyone paying cash. He told how some have denied CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. the Police Department video of crimes and will not tell who are renting rooms, sometimes lying and hiding people. He has a narcotics officer who has done an unbelievable job at the hotels for the last four years, taking down many drug dealers. He requested the officer to read a prepared statement. To protect the identity of the officer, no name was given. He read the following statement: “I am a taskforce officer with the DEA and have been working narcotics here in Jacksonville since February 2020. I have been directly involved in 25 separate enforcement operations conducted at each one of the Jacksonville hotels, resulting in Federal and State seizures of 50 pounds or more of methamphetamine, cocaine, fentanyl, counterfeit oxycodone M30 containing fentanyl, drug paraphernalia, firearms, ammo, and machine gun conversion devices, which has resulted in multiple State and Federal inditements based off the intelligence gained from ongoing joint DEA/JPD Federal drug investigations. DEA agents and Police Department detectives are receiving frequent intelligence that large quantity illegal drug dealers, who normally carry firearms to facilitate illegal drug trafficking, are utilizing and exploiting the Jacksonville hotels to use, stash, conceal, facilitate, and distribute large quantities of illegal drugs. These hotels provide significant loopholes, false names, cash payments, improper security systems, etc., which facilitates and enables illegal drug dealers in evading law enforcement detection. Additionally, individuals with active and outstanding Federal and State arrest warrants commonly utilize the Jacksonville hotels to exploit these same loopholes and evade law enforcement. The illegal drug dealers are commonly receiving and distributing illegal drugs on behalf of individuals affiliated with the Sinaloa and CJNG cartels in Mexico. The United States is currently battling ongoing opioid epidemic and our JPD Task Force Operator (TFO) is monitoring overdose related deaths and/or serious bodily injury cases as a result of illegal drug overdoses, commonly as a result of fentanyl. The DEA Little Rock District Office (LRDO) has recently set up a methamphetamine strategic initiative, which includes the Jacksonville Police Department TFO, with emphasizes on combating illegal drug dealers via hotel/motel interdiction across the State of Arkansas. The Jacksonville motel/hotels are high importance to the DEA’s methamphetamine initiative. The JPD continues to work diligently with DEA LRDO to disrupt and dismantle drug trafficking organizations utilizing the Jacksonville hotels.” Mayor Elmore confirmed this is not unique to Jacksonville; it is in every city in Central Arkansas, little and big. He explained we are being proactive in wanting to take a stance in an effort to clean up. Chief Hibbs stressed some hotels are better than others. He related this is a first step, noting he is not big on government intrusion in businesses, but if this helps, he is good with it. He affirmed if it does not, there are things to add later for ones who do not conform. He told how one of the worst hotels had 114 calls during the last year, while others had 94, 75, 73, and less. He confirmed it is a burden on the Police Department and he wants people visiting our city to not base their impression of it by the people staying at the hotels with them. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. Council Member Rains showed concerns considering the major tornado last year and how there are still individuals displaced from it. She stated there are local families that stay long-term at these hotels. Chief Hibbs brought up that the next ordinance deals with long-term stays. Council Member Rains replied it puts the burden on businesses to file for it, so if they chose not to, those individuals would not have a place to go. Chief Hibbs explained there is a conditional use permit clause in this ordinance. Council Member Rains stated this is putting regulations on hotels asking for them to do additional measures to make sure they take care of our community members. Chief Hibbs does not consider these additional measures; these are standard practices at any decent hotel, listing taking IDs and credit or debit cards. He explained a lot of drug dealers and users do not have bank accounts so they go into hotels without a debit or credit card on file. Council Member Rains related her concern with JMC § 5.09.030-Maximum Length of Stay, that says without a conditional use permit, individuals cannot stay over 30 consecutive calendar days, or 60 cumulative days within 180 days. Chief Hibbs reiterated that the hotel can apply for a conditional use for them to stay longer. Council Member Rains supported the ordinance, but noted there are potentially community members that would be impacted by this. Director Whitlow explained obtaining a conditional use permit is an easy process where the hotel would present their case. He confirmed he is good with what his office would have to review. He related the ordinance does not read as a drug prevention ordinance, but are good, standard practices. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1753 on FIRST READING and SUSPEND THE RULES and place Ordinance 1753 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member McCleary to APPROVE Ordinance 1753 on SECOND READING and SUSPEND THE RULES and place Ordinance 1753 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Twitty moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1753 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. Council Member Ray moved, seconded by Council Member McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1753 (#06-2024) APPROVED AND ADOPTED THIS 20TH DAY OF JUNE, 2024. b. PUBLIC HEARING ORDINANCE 1754 (#07-2024) AN ORDINANCE AMENDING JMC §§ 18.48.030 AND 18.52.030, ALLOWING THE CONDITIONAL USE OF LONG TERM STAY AT HOTELS AND MOTELS FOR AREAS ZONED C-3 AND C-4; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mayor Elmore opened the public hearing at approximately 6:29 p.m. With no one requesting to speak, Mayor Elmore closed the public hearing at approximately 6:29 p.m. Council Member Ray moved, seconded by Council Member Twitty to place Ordinance 1754 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1754. Council Member Ray moved, seconded by Council Member Rains to APPROVE Ordinance 1754 on FIRST READING and SUSPEND THE RULES and place Ordinance 1754 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Rains to APPROVE Ordinance 1754 on SECOND READING and SUSPEND THE RULES and place Ordinance 1754 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member McCleary moved, seconded by Council Member Rains to APPROVE AND ADOPT Ordinance 1754 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Rains that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1754 (#07-2024) APPROVED AND ADOPTED THIS 20TH DAY OF JUNE, 2024. c. PUBLIC HEARING ORDINANCE 1755 (#08-2024) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Elmore opened the public hearing at approximately 6:32 p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. With no one requesting to speak, Mayor Elmore closed the public hearing at approximately 6:32 p.m. Council Member Ray moved, seconded by Council Member Twitty to place Ordinance 1755 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1755. Captain Wright confirmed these are from the demolition of condemned properties addressed 811 Trickey Lane, 229 Poplar Street, and 101 Cherry Street. Council Member Ray moved, seconded by Council Member Twitty to APPROVE Ordinance 1755 on FIRST READING and SUSPEND THE RULES and place Ordinance 1755 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Twitty to APPROVE Ordinance 1755 on SECOND READING and SUSPEND THE RULES and place Ordinance 1755 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Twitty to APPROVE AND ADOPT Ordinance 1755 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1755 (#08-2024) APPROVED AND ADOPTED THIS 20TH DAY OF JUNE, 2024. ADDITION TO AGENDA: Council Member Ray moved, seconded by Council Member Rains to SUSPEND THE RULES and add Ordinance 1757 (#10-2024) to the agenda. MOTION CARRIED. ORDINANCE 1757 (#10-2024) AN ORDINANCE VACATING A UTILITY EASEMENT ON LOT 5 OF THE KEVIN SUBDIVISION WITHIN THE CITY LIMITS OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Moss to place Ordinance 1757 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1757. Director Whitlow stated a developer wanted to split Lot 5 that had a utility easement of overhead powerlines going through diagonally. He explained they paid to get the powerline moved and easement relocated. He confirmed the developer filed proper petition and documentation, and provided a new easement that he verified with Entergy, so approval of this will allow them to file the plat. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 20, 2024 6:00 P.M. – 6:42 P.M. Council Member Ray moved, seconded by Council Member Moss to APPROVE Ordinance 1757 on FIRST READING and SUSPEND THE RULES and place Ordinance 1757 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Twitty moved, seconded by Council Member Ray to APPROVE Ordinance 1757 on SECOND READING and SUSPEND THE RULES and place Ordinance 1757 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Twitty to APPROVE AND ADOPT Ordinance 1757 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Ray, Mashburn, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1757 (#10-2024) APPROVED AND ADOPTED THIS 20TH DAY OF JUNE, 2024. d. DISCUSSION Rental regulation Council Member Rains stated the City of Searcy has a good ordinance regarding short-term rental regulations. She believes it could be reflective of rentals overall. She mentioned it includes code inspections, which is one of the complaints she gets from tenants. She explained that regulations would help continue progress of cleaning our city and making sure citizens are protected. APPOINTMENTS: CIVIL SERVICE COMMISSION Council Member Ray moved, seconded by Council Member Twitty to approve the appointment of James Amerine for a term to expire 04/01/2030. MOTION CARRIED. UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 6:42 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer