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25 MAY 1REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in a regular session on May 1, 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: Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT NINE (9) ABSENT ONE (1). Council Member McCleary arrived at approximately 6:05 p.m. and left at approximately 6:35 p.m. Council Member Dietz was absent. Others present for the meeting were: Fire Chief Alan Laughy, Human Resource Director Charlette Nelson, Finance Director Laura Collie, Parks and Recreation Director Kevin House, Assistant City Clerk Emilia Vazquez, CDBG Director Michelle Spencer, Communications Director Emily Sundermeier, IT Director Brian Harvey, Officer Darian Farmer, Reginald Ford, Tristan Ambeau, Morgan Allen, Kathy Perez, Michelle Elmore, and Chris Erkel. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of April 17, 2025 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Twitty moved, seconded by Council Member McCoy that the minutes of the regular City Council meeting of March 20, 2025 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1782 (#11-2025) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (PARCEL LOCATED AT 3121 AND 3125 NORTH FIRST 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 LaBron to place Ordinance 1782 on FIRST READING. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1782. Council Member McCoy shared a concern regarding the use of the emergency clause for rezonings when its purpose is for the preservation of the public peace, health, and safety, confirmed by the Arkansas Municipal League. A brief discussion ensued that mentioned possible development delays if the emergency clause was not added to rezonings. Council Member McCoy stated Council Member Dietz confirmed these were not emergencies, therefore, warranting the removal of these clauses. City Engineer Adam Whitlow explained that C-2 is Commercial and R-3 is Multi-Family Residential. He related these parcels are surrounded by R-3 and was unsure of why it was ever zoned C-2. Citizen Richelle Brittain confirmed she sold 3121 North First Street to this developer last year. She noted it always had a house on it and the developer shared his plans to tear down the house to expand his apartment complex he owns next door. Council Member McCoy moved, seconded by Council Member McCleary to AMEND Ordinance 1782 to REMOVE THE EMERGENCY CLAUSE. ROLL CALL: Council Member McCleary, McCoy, and Moss voted AYE. MOTION FAILED with Council Member Ruple, Ray, LaBron, Twitty, Kinman, and Mimms voting NAY. Council Member Ray moved, seconded by Council Member LaBron to APPROVE Ordinance 1782 on FIRST READING and SUSPEND THE RULES and place Ordinance 1782 on SECOND READING. ROLL CALL: Council Member 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 1782 on SECOND READING and SUSPEND THE RULES and place Ordinance 1782 on THIRD AND FINAL READING. ROLL CALL: Council Member 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 1782 in its entirety. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member LaBron that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Ruple, Ray, LaBron, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCleary, McCoy, and Moss voting NAY. ORDINANCE 1782 (#11-2025) APPROVED AND ADOPTED THIS 1ST DAY OF MAY, 2025. b. ORDINANCE 1783 (#12-2025) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (PARCEL LOCATED AT DUPREE-STONE ADDN); 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 1783 on FIRST READING. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1783. Engineer Whitlow stated a Planned Unit Development (PUD) is unique and not done often in Jacksonville. He explained it allows the applicant to submit a site plan, along with the rezone application, that demonstrates their unique design with some non-conforming conditions. He related there were no calls received regarding the request and it was properly advertised before the Planning Commission meeting. Council Member McCoy reiterated her concern with having the emergency clause attached. Council Member Ray moved, seconded by Council Member LaBron to APPROVE Ordinance 1783 on FIRST READING and SUSPEND THE RULES and place Ordinance 1783 on SECOND READING. ROLL CALL: Council Member 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 1783 on SECOND READING and SUSPEND THE RULES and place Ordinance 1783 on THIRD AND FINAL READING. ROLL CALL: Council Member 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 1783 in its entirety. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member LaBron that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Ruple, McCleary, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy voting NAY. ORDINANCE 1783 (#12-2025) APPROVED AND ADOPTED THIS 1ST DAY OF MAY, 2025. c. ORDINANCE 1784 (#13-2025) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (PARCEL LOCATED AT 7430 T.P. WHITE DRIVE); 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 McCleary to place Ordinance 1784 on FIRST READING. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1784. Engineer Whitlow brought up that the main difference in these zones is that C-4 allows open display. Council Member McCoy reiterated her concern with having the emergency clause attached. Council Member Ray moved, seconded by Council Member Ruple to APPROVE Ordinance 1784 on FIRST READING and SUSPEND THE RULES and place Ordinance 1784 on SECOND READING. ROLL CALL: Council Member 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 Ordinance 1784 on SECOND READING and SUSPEND THE RULES and place Ordinance 1784 on THIRD AND FINAL READING. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Twitty to APPROVE AND ADOPT Ordinance 1784 in its entirety. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member LaBron that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Ruple, McCleary, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy voting NAY. ORDINANCE 1784 (#13-2025) APPROVED AND ADOPTED THIS 1ST DAY OF MAY, 2025. d. ORDINANCE 1785 (#14-2025) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (PARCEL LOCATED AT 420 WEST HICKORY); 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 LaBron to place Ordinance 1785 on FIRST READING. ROLL CALL: Council Member Ruple, McCleary, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1785. At approximately 6:35 p.m., Council Member McCleary excused himself from the meeting early to attend another scheduled commitment. Engineer Whitlow believes this property was zoned R-0 with a conditional use. He explained there was once a residence on one side and a salon on the other. He confirmed there were no calls to Public Works regarding this request. Council Member Ray moved, seconded by Council Member LaBron to APPROVE Ordinance 1785 on FIRST READING and SUSPEND THE RULES and place Ordinance 1785 on SECOND READING. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Ruple to APPROVE Ordinance 1785 on SECOND READING and SUSPEND THE RULES and place Ordinance 1785 on THIRD AND FINAL READING. ROLL CALL: Council Member Ruple, 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 1785 in its entirety. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Ruple that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Ruple, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED with Council Member McCoy voting NAY. ORDINANCE 1785 (#14-2025) APPROVED AND ADOPTED THIS 1ST DAY OF MAY, 2025. COMMITTEE(S): GENERAL: a. ORDINANCE 1786 (#15-2025) AN ORDINANCE REGULATING THE LOCATION OF IN-GROUND/ABOVE-GROUND SWIMMING POOLS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, CREATING JACKSONVILLE MUNICIPAL CODE 8.05.021; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member LaBron to place Ordinance 1786 on FIRST READING. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1786. Council Member Twitty mentioned for the safety of the public, they are asking to only put swimming pools, with proper fencing, in the backyard. Mayor Elmore noted this is for pools deeper than 24 inches, not the shallower kiddie pools. Council Member McCoy brought up that this is a good example of properly attaching an emergency clause, since it is for the preservation of the health and safety of the public. Mayor Elmore shared that the house where this is an issue has been cited by Code Enforcement and has a court date in June. Police Captain Ryan Wright confirmed the Judge can assess up to a $250.00 per day fine. He related that citizens not in compliance would have ten days, from when they mail a letter, to remove the pool. Council Member Twitty told how someone setup a pool up and claimed to have a fence coming in on a Friday, but it was never put up. She affirmed that for safety reasons, they need to be put in backyards only. Mayor Elmore clarified that this ordinance would not allow pools in the side or front yard, only in a backyard. Council Member Ray moved, seconded by Council Member Ruple to APPROVE Ordinance 1786 on FIRST READING and SUSPEND THE RULES and place Ordinance 1786 on SECOND READING. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Ruple to APPROVE Ordinance 1786 on SECOND READING and SUSPEND THE RULES and place Ordinance 1786 on THIRD AND FINAL READING. ROLL CALL: Council Member Ruple, 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 1786 in its entirety. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Ruple that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Council Member Ruple, McCoy, Ray, LaBron, Moss, Twitty, Kinman, and Mimms voted AYE. MOTION CARRIED. ORDINANCE 1786 (#15-2025) APPROVED AND ADOPTED THIS 1ST DAY OF MAY, 2025. b. Update by Director of Economic Development Robert Birch Director Birch shared an update from the most recent legislative session highlighting SJR15-Proposed Constitutional Amendment: Economic Development Districts. He described how SB505-Streamlined Administrative Rezoning Process would allow rezoning requests, consistent with the City’s adopted Land Use Plan, to be approved administratively without involving the Planning Commission. He mentioned supporting SB307-Generating Arkansas Jobs Act of 2025 (Utility Infrastructure for Economic Development), which changed when rate increases take effect after utility companies do a large investment energy project. He recalled that Jacksonville lost Amazon’s interest in building here because we could not give them an answer on being able to provide enough power. He confirmed the City has new local restaurants coming soon. APPOINTMENTS: UNFINISHED BUSINESS: NEW BUSINESS: ANNOUNCEMENTS: City Council meeting schedule adjustments for May & June Mayor Elmore announced since Jacksonville High School’s graduation is on May 15th, the City Council meeting will be rescheduled to May 22nd. He confirmed the meeting of June 19th will be canceled due to the Juneteenth holiday and the Arkansas Municipal League Summer Conference. Parks & Rec Events This item was for informational purposes only and not discussed. Community Health Fair Council Member McCoy announced that the NAACP will be hosting a Community Health Fair on Saturday, May 17th at 424 Church Street. Chamber of Commerce Council Member Kinman thanked the Chamber of Commerce Leadership Academy Class III for being in attendance tonight. Jacksonville High School Council Member Mimms related the Senior Walk and Parade will be on May 13th. ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 7:00 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer