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24 SEP 19REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in a regular session on September 19, 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, Sansing, Ray, 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 Mashburn were absent. Others present for the meeting were: Parks and Recreation Director Kevin House, Police Chief Brett Hibbs, Finance Director Cheryl Erkel, Assistant Finance Director Laura Collie, IT Director Brian Harvey, Trenika McCoy, Tanner Ruple, Cheesa Williams, Jim Moore, and Addie Gibson. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of September 5, 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 regular City Council meeting of August 15, 2024 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report for August 2024 regarding annual crime statistical comparisons. CODE ENFORCEMENT REGULAR MONTHLY REPORT Council Member Ray moved, seconded by Council Member Twitty to approve the regular monthly report for August 2024. Assigned Calls 69 Demolition by City 0 Self-Initiated Calls 142 Demolition by Owner 0 Follow Up Inspections 426 Parking Violations 0 Complied after Notice 97 Garbage Cans Tagged 1 Three Day Notice 22 Basketball Goals 0 Seven Day Letter 234 Structures Inspected 637 Citation Letters Mailed 2 Apartment Complexes Inspected 0 Citations Issued 0 Red Tags Issued 0 Vehicles Tagged 25 Search Warrants 0 Vehicles Towed 7 Grass Mowed 91 Unsafe Structures Tagged 0 Signs Removed 0 Structures Condemned 0 Shopping Carts 0 Structures Rehabbed 4 ROLL CALL: Council Member: Dietz, McCleary, Sansing, Ray, 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: ORDINANCE 1763 (#16-2024) AN ORDINANCE TO AMEND JMC § 5.04.140 (SUSPENSION AND REVOCATION OF BUSINESS PRIVILEGE LICENSE) TO INCLUDE THE OPTION TO DENY A REQUEST FOR BUSINESS LICENSES UNDER CERTAIN CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member McCleary to place Ordinance 1763 on FIRST READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1763. When Council Member Sansing inquired, Mayor Elmore replied there is one business at this moment this would apply to. City Attorney Friedman clarified this is not for a particular business or entity, but the City currently does not have an option to deny a request for a license if a business does not already have a license. She explained the way the ordinance is now, we could suspend it or do a cease and desist, but we do not have a way to deny a new license from being issued. She pointed out that all of paragraph 2 in Section One gives a list of reasons an application may need to be denied; it does not necessarily mean if a business has previously been denied or had a license suspended that they will always have any future requests denied. She confirmed this is for if a business has previously engaged in something breaking municipal, state, or federal laws and had their license suspended or revoked because of it, they can be denied in the future. She added that if they are denied, they are still entitled to a hearing; just because they have been denied does not mean they are automatically denied any future request. Council Member Dietz inquired if the City approves a business license, are they going back within a certain amount of time to make sure they are doing what they are supposed to do. He has noticed businesses applying for licenses, also through the Planning Commission, that are not complying with what they said they going to do. Mayor Elmore related there is a database kept in the Finance Department, adding it is not feasible for the number of businesses to be able to go to each one to follow up. He noted the majority of businesses here are law abiding and do what they are supposed to do. He would rather investigate those we hear may not be law abiding, than to police all those who are. Police Captain Ryan Wright stated during the initial business licensing process, unless it is a massage parlor type of business, the business does not interact with the Police Department or Code Enforcement, but do with the Public Works Department. He explained the Building Inspector goes out and signs off on it and when a license is issued Police and Code are not notified. He related that Finance issues the business licenses and it goes into their spreadsheet. He confirmed Police and Code typically does not have to interact with a business until there is a complaint filed on it. Mayor Elmore reiterated there is digital record of the spreadsheet containing information, as well as their physical application they fill out saying what their business intent is. Council Member Twitty moved, seconded by Council Member Kinman to APPROVE Ordinance 1763 on FIRST READING and SUSPEND THE RULES and place Ordinance 1763 on SECOND READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Twitty moved, seconded by Council Member Sansing to APPROVE Ordinance 1763 on SECOND READING and SUSPEND THE RULES and place Ordinance 1763 on THIRD AND FINAL READING. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1763 in its entirety. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Dietz, McCleary, Sansing, Ray, Moss, Twitty, Kinman, and Rains voted AYE. MOTION CARRIED. ORDINANCE 1763 (#16-2024) APPROVED AND ADOPTED THIS 19TH DAY OF SEPTEMBER, 2024. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 6:14 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer