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21 APR 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in a rescheduled session on April 15, 2021 at the regular meeting place of the City Council. Council Member Bolden delivered the invocation and Mayor Johnson led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Council Members: Bolden, Blevins, Sansing, Ray, Traylor, Smith and Rains answered ROLL CALL. Mayor Johnson also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7) ABSENT (3). Others present for the meeting and by Zoom were: City Attorney Stephanie Friedman, Fire Chief Alan Laughy, Police Chief Brett Hibbs, Parks and Recreation Director Parks and Recreation Director Kevin House, Officer Ryan Wright, Sebrina Ricks, Cody Sexton Blew. PRESENTATION OF MINUTES: Mayor Johnson presented the minutes of the regular City Council meeting of January 7, 2021 for approval and/or correction. APPROVAL AND/OR CORRECTION OF MINUTES: Council Member Ray moved, seconded by Council Member Bolden that the minutes of the regularly scheduled City Council meeting of 7 January 2021 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for February & March 2021. FEBRUARY PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 5 Building Inspections 12 Business Licenses Electrical 16 Plumbing 23 HVACR 13 MARCH PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 14 Building Inspections 18 Business Licenses Electrical 36 Plumbing 41 HVACR 14 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for February 2021 from the Jacksonville Fire Department, reflecting a fire loss of $41,500.00 and a savings total of $355,500.00. Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for March 2021 from the Jacksonville Fire Department, reflecting a fire loss of $83,250.00 and a savings total of $1,154,750.00. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Council Member Ray moved, seconded by Council Member Bolden to approve the Regular Monthly Report for February & March 2021 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/CODE ENFORCEMENT Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report as presented for February 2021. Assigned Calls 1 Self-Initiated Calls 3 Follow ups 1 Structures Inspected 0 Meetings/Court Hearings 0 Rentals Inspected 0 Warnings Issued 0 Properties Red Tagged 0 Tickets Issued 3 Search Warrants Served 0 3-Day Notice 2 Structures Rehabbed 0 7-Day Notice 2 Structures Condemned 0 Vehicles Tagged 0 Houses Demolished by City 0 Vehicles Towed 0 Houses Demolished by Owner 0 Lots posted 0 Parking Violations 0 Signs removed 0 Grass Letters 0 Trash cans tagged 0 Grass Mowed 0 Basketball Goals 0 Councilman Ray moved, seconded by Councilman Bolden to approve the regular monthly report as presented for March 2021. Assigned Calls 35 Self-Initiated Calls 28 Follow ups 22 Structures Inspected 2 Meetings/Court Hearings 0 Rentals Inspected 0 Warnings Issued 0 Properties Red Tagged 0 Tickets Issued 3 Search Warrants Served 0 3-Day Notice 39 Structures Rehabbed 0 7-Day Notice 10 Structures Condemned 0 Vehicles Tagged 6 Houses Demolished by City 0 Vehicles Towed 1 Houses Demolished by Owner 0 Lots posted 0 Parking Violations 0 Signs removed 0 Grass Letters 0 Trash cans tagged 2 Grass Mowed 0 Basketball Goals 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for February 2021. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. ADOPTION FEES/FINES $ 415.00 CONTRIBUTIONS 0.00 TOTALS $ 415.00 Council Member Ray moved, seconded by Council Member Bolden to approve the regular monthly report for March 2021. ADOPTION FEES/FINES $ 1,005.00 CONTRIBUTIONS 0.00 TOTALS $ 1,005.00 ROLL CALL: Council Member: Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1656 (#06-2021) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. {GENERAL LOCATION: 1208 MILITARY ROAD} Council Member Traylor moved, seconded by Council Member Sansing to place Ordinance 1656 on FIRST READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1656. Public Works Director Jim Oakley related that the property is located west of Stanphil Road on Military, adding that the property is a large vacant tract. It has recently been purchased and the new owner has requested a rezoning for multi-family. He noted that this property is adjacent to an apartment development. Council Member Ray moved, seconded by Council Member Bolden to approve Ordinance 1656 on FIRST READING and SUSPEND THE RULES to place Ordinance 1656 on SECOND READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to further SUSPEND THE RULES and place Ordinance 1656 on THIRD AND FINAL READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Council Member Ray moved, seconded by Council Member Bolden to APPROVE AND ADOPT Ordinance 1656 in its entirety. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, 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 Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. th ORDINANCE 1656 (#06-2021) APPROVED AND ADOPTED THIS 15 DAY OF APRIL, 2021. b. ORDINANCE 1658 (#8-2021) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS; AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. {GENERAL LOCATION: 321 NORTH OAK STREET} Council Member Bolden moved, seconded by Council Member Ray to place Ordinance 1658 on FIRST READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Public Works Director Jim Oakley related that the rezoning is an R-1 to R-3, adding that the property is located off Graham Road, pointing out that the parcel has been vacant for several decades. He noted that the owner is considering developing triplexes, adding that the property is adjacent to duplexes to the south. Discussion ensued regarding the various zonings in the vicinity of this property. Whereupon City Attorney Friedman read the heading of Ordinance 1658. Council Member Ray moved, seconded by Council Member Rains to approve Ordinance 1658 on FIRST READING and SUSPEND THE RULES to place Ordinance 1658 on SECOND READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to further SUSPEND THE RULES and place Ordinance 1658 on THIRD AND FINAL READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. Council Member Sansing moved, seconded by Council Member Ray to APPROVE AND ADOPT Ordinance 1658 in its entirety. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, 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 Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. th ORDINANCE 1658 (#08-2021) APPROVED AND ADOPTED THIS 15 DAY OF APRIL COMMITTEE(S): GENERAL: a. PUBLIC HEARING ORDINANCE 1655 (#05-2021) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT THE LOCATION NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGNECY; AND, FOR OTHER PURPOSES. Council Member Sansing moved, seconded by Council Member Rains to place Ordinance 1655 on FIRST READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1655. Mayor Johnson opened the public hearing at approximately 6:16 p.m. offering a phone number for anyone wishing to call in and address the City Council. Officer Ryan Wright offered evidence through a PowerPoint presentation for th the property located at 515 South Road, Lots 1, 3, 6, & 10. November 9 initial photos and inspection was conducted and a 3-day notice was given to th owner, Mr. George Gage. A reinspection was conducted on November 13 and no movement had been made on the property and a 7-day letter was again sent to Mr. Gage. A response from Mr. Gage stated that he would attempt to remedy th the situation. December 10 another reinspection conducted; with no improvements. At that point the property was moved into the condemnation th proceeding. December 11 a 10-day letter was sent and posted on the property informing Mr. Gage of the City’s intent to condemn the property. A th reinspection was conducted on December 29 with no improvements and the th property was tagged as an uninhabitable structure. December 30 sent and posted an intent to conduct a Code inspection on January 6, 2021 @ 9:00 a.m. On January 6, 2021, Mr. Gage contact him and advised he would not be attending that inspection and advised Officer Wright that he would need a search warrant for entry. January 14, 2021, we obtained a search warrant and on January 20, 2021 we executed the search warrant, obtaining photos of the interior inspection, left copies of the warrant at the property and sent a certified letter to Mr. Gage. The notice of the public hearing was provided to Mr. Gage and placed in the Leader Newspaper. As of this date, there has been no building rehab permits. He presented a PowerPoint presentation detailing the uninhabitable status of the properties. Mr. George Gage stated that he had a maintenance that was supposedly working but evidently, he had not done anything. He stated that there were 4 people from the City that went through all of the trailers without a search warrant. He stated that 2 days letter they sent a letter wanting consent to get in, but it was raining on that day, and I said I was not going to come over. He related that he sold the property as is for $80,000.00; the buyer called City Hall and he came back and told me he only thought it was worth $40,000.00. He stated that he already lost $40,000.00 last year, saying he had bought 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. some property and put a lot of money in a duplex and a friend of his had a bunch of liens on the property and now I have to wait according to my attorney maybe 10 years until the liens might get dropped. He stated that he tried to call the Mayor three or four times and left a message but did not get a call back. He stated that he went to the police and told them he had some stuff stolen, saying he went to Captain Smiley who listen to him. He stated that then Captain Smiley left and a woman came in an asking him to write a police report. He was then told that the man who took his 4-wheeler, told the police he took it as payment for cleaning. Mayor Johnson asked him to keep his response to the condemnation of the properties. Mr. Gage stated that he has always thought it was illegal to fill out a false report. He related that he had a police record and he was fired. Mayor Johnson reminded Mr. Gage that the City Council needs to hear why the properties should not be condemned. Council Member Rains asked Mr. Gage if the properties were purchased for $80,000.00. Mr. Gage stated that he had not heard the question and Public Works Director Jim Oakley offered that they did but backed out. He offered that the buyer called City Hall and got further information and the changed the offer to $40,000.00. Council Member Rains asked if there is a bill of sale currently for the properties. Officer Wright offered that the company attempting to buy the properties contacted Code Enforcement, they had noted that the buildings had been red tagged. The understood that with the red tag the sale could not proceed. They inquired as to what needed to be done and I referred them back to Mr. Gage, telling them that if they were willing to rehab the property, to speak to Mr. Gage and we could go from there. Mr. Gage stated that he came back and offered him $40,000.00, which was half price. Council Member Rains confirmed with Mr. Gage that the maintenance worker was paid to renovate the properties but took the money and did not do the work. Mr. Gage stated that he ordered a bunch of glass for the outside windows and it took him three weeks and the third one put the windows. His maintenance man did not tell him anything about all the trash. He stated that he cannot walk or drive and was not able to view the properties, so his hands were tied. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Council Member Rains stated that she is trying to get the whole picture, saying that she can see where the wiring would be considered dangerous but it could be from someone coming in and not completing the job. She stated that if Mr. Gage cannot walk then he is part of our vulnerable community in Jacksonville. Council Member Blevins questioned if it would be possible to get a copy of the contract signed for the work to be done. Mr. Gage stated that the buyer came back and wanted out of the original contract and would only give $40,000.00, so I told him to forget it. Mayor Johnson offered that the buyer lowered the price because of the red tags is what Code Enforcement said. In response to a question form City Attorney Friedman, Officer Wright related that they had been back to the property to post the notice of the public hearing and no work had been done to the property. City Attorney Friedman questioned if statutorily would you consider this the refusal to comply by the owner. Officer Wright concurred, agreeing that he feels the property is unsafe and abandoned. Council Member Sansing stated that he viewed the properties prior to the City Council meeting, saying that the property is in bad shape. It was noted that lot #4 is not vacant but is in bad shape. Council Member Rains asked if it would be possible for the Tremble Investment Group to come and speak with the City Council on the second Ordinance reading. Mr. Gage reiterated that they came back and offered $40,000.00, adding that he was not going to sell the property for half price. He told them to cancel the contract. City Attorney Friedman offered that regardless of a potential buyer, the State statute states that the current owner is the one who has the responsibility to clean the property, not any future potential buyers. She surmised that any potential buyer would not be interested if the property has a lien against it. Council Member Rains stated that the liens would have to be taken care of before the bill of sale could be executed. Council Member Blevins confirmed that Mr. Gage had stated that he paid a contract who did not do the work and took the money. He stated that if they could see the contract from the contractor then they could determine that there was an attempt made for progression. Council Member Rains concurred. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Council Member Bolden clarified that Mr. Gage tore up the contract, so there is no one else to represent, or appear to say they are working on the property, nor can they produce any proof. City Attorney Friedman reiterated that she would have to refer back to the State Statute again, explaining that it is not intent, is that property vacant and uninhabitable. Council Member Rains pointed out that Mr. Gage has tried to get maintenance work done on these properties and if Mr. Gage has a record of showing he paid money for this to be done prior to the red tags, that would show intent of the property owner to take care of the situation. She stated that Mr. Gage would not have been able to physically go into his properties, so he would have had to pay someone to do the work. Council Member Ray noted that the City has been dealing with Mr. Gage for the last 20- or 30-years regarding this same property, adding that Mr. Gage has been warned time and time again about this property. He added that this is nothing new. He stated that this should have been done 10 years ago and now we are getting done. Every Code Enforcement Officer has dealt with Mr. Gage and every Mayor that we have had during that time. Council Member Rains stated that in just looking at the time line presented today, that is not the picture that she is getting, which is why I am asking these questions. Officer Wright stated that he can only speak to what they have done and not what previous Code Enforcement has experienced. He then pointed out that even with the passage of the Ordinance, Mr. Gage will still have 30 days to show improvements on the property. He still has time to save the property, to present some type of plan. Mayor Johnson pointed out that the Ordinance will only be approved for the first reading at this City Council meeting, so that will offer more time regarding the condemnations. Officer Wright stated that following the 30 days after passage, if there have been no improvements or a plan of action submitted then they will move forward with actions for abatement of property. Council Member Rains stated that if he could provide further documentation such as showing he paid someone to do the repairs. Council Member Blevins stated that a cancelled check, something to show there was a transfer of money to show progression. Council Member Bolden stated that he has been on the City Council for 8 years and he is familiar with this property, saying that for new members sometimes you have to research this when you see it on the agenda to determine if there 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. is a history. He stated that is what he had to do when he first got on the City Council. Mayor Johnson stated that it does not matter if he had a contract in past, today it meets the Statute that it is uninhabitable. Council Member Bolden noted that there have been people who were voted on and then they came back within the 30 days to show progress and a plan. Mrs. Gage stated that they would like to have a 6-month extension. Mayor Johnson stated that the Statute does not allow that, reiterating that the Ordinance will not be passed at tonight’s meeting. He related that will offer 45 days at a minimum to submit a plan. Council Member Blevins asked that if Council Member Rains is planning to obtain a history regarding the properties he would like to get a copy of her findings. Council Member Rains stated that she does plan on getting more information. She stated that she would meet with Chief Hibbs. She stated that she would send an email to all City Council members and the press. Officer Isom related that he did most of the violations regarding 300 West Hickory. He stated that the initial contact was March 19, 2020 due to outside storage and no water. He related that numerous requests were made to contact Mr. David Lee Jenkins but that was unsuccessful. Mr. Jenkins was never home and Officer Isom was unable to find his place of employment or a phone number. He noted that the additional storage to the corner rear of the property does not have a permit. On October 17, 2020, the house had a structure fire that burnt through most of the house. December 2, 2020, he opened a case for property maintenance requirement and outside storage again. He related that he was finally able to get in touch with Mr. Jenkins regarding the property, and was advised by Mr. Jenkins that he was working to get the property cleaned. December 29, 2020, we towed the RV vehicle from the property due to the vehicle being inoperable and that it was being lived in against zoning requirements. December 31, 2020, the intent of condemnation in a 10-day notice was posted on the property along with a red tag. January 12, 2021 reinspection with no improvements to the property. An intent to inspect the property was provided on January 20, 2021, Mr. Jenkins was provided with a 24hr notice of inspection. Mr. Jenkins denied consent to enter. Search warrant was obtained on January 14, 2021 and executed January 20, 2021. Notice of the public hearing was posted March 25, 2021 and ran in the Leader Newspaper, updated noticed emailed, posted and sent to Mr. Jenkins on April 2, 2021. th Officer Wright added that the inspection he performed on the 15, Mr. Jenkins has made considerable progress in resolving the outside storage issue, he has gotten a dumpster and has cleaned up a lot of the property. The structure 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. still has not been touched, the storage structure has a tarp on it. The RV has been moved back to the property, but the burned residents is showing no improvements and there is no building rehab permit that has been issued. He presented a PowerPoint presentation detailing the uninhabitable status of the property. Mayor Johnson stated that it appears from the pictures that this house meets the Statute of uninhabitable and unsafe. Mr. Jenkins stated that there is someone living on the property but not in the house. Mayor Johnson clarified that an RV can not be lived in on an R-1 property. Mr. Jenkins questioned where he is supposed to live, saying that is his home. Mayor Johnson suggested an RV park. Mr. Jenkins stated that he could not afford an RV park. City Attorney Friedman stated that no is trying to take away the land, the structure itself is the question. She clarified that the City is talking about condemning the structure that was partially burned with the hole in the roof. Mr. Jenkins questioned what would happen if the City condemns his property. City Attorney Friedman stated that he would have 30-days to show repairs. Mr. Jenkins stated that he could not complete the work in 30 days. Council Member Traylor stated that you have to have a plan for repairs showing some amount of improvements, and the City would work with him. Officer Isom stated that the amount of time that he has been warned to do this goes back further than what we have documented. Mr. Jenkins agreed, adding that the harassment that has gone on since, this is it, this is what they have done in the last two years to me and my property and it started with a few boards in the back yard. When they told me that I could not have outside storage, I started building a storage building, when they told me that I couldn’t do that anymore, I had to stop and now all my tools are rusted. Officer Isom corrected, that Mr. Jenkins did not obtain a permit. Mr. Jenkins questioned, I need a permit to build a storage shed. Saying that seems a bit extreme. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Discussion ensued as to the reasons an outside accessory building requires a permit. Mayor Johnson stated that the City’s concern is that the house has burned and it considered unsafe. He reiterated that the Ordinance is not going to pass tonight and Mr. Jenkins has an opportunity to present a plan and show improvements. Mr. Jenkins stated that he would prefer not to be harassed. Officer Wright addressed Mr. Jenkins, saying that if he has an issue with Officer Isom and himself, the Chief of Police will be more than happy to hear a complaint tomorrow. He continued saying that right now we are concerned about the safety of that structure, adding we have asked and asked for you to comply and we gave you extension after extension. You even agreed that I could come back and write a ticket if you did not clean the property up. We came back and nothing was done. Officer Isom stated that we gave you multiple chances to give us a plan, which you failed to provide. Officer Wright added you did not get the building rehab permit as we told you, you did not provide us with a plan of action. We begged and pleaded with you and did everything we could to not cite you or to have to do this. He then answered Mr. Jenkins that the RV was towed because it is not zoned to be lived in. Officer Wright presented the evidence for 116 Wilson. He stated that the initial violation was discovered on December 11, 2020 and a 10-day letter was sent to Mr. Chris Gamet advising him of attempt to condemn the property. The letter was posted at the property as well. No response has been received from Mr. Gamet. December 12, 2020, reinspection was conducted; no improvements were made to the property, the property was then red tagged. The notice of inspection was posted at the property on December 30, 2020 and sent certified to Mr. Gamet scheduling an inspection for January 6, 2021 at 9:00 a.m.; no contact received from Mr. Gamet. Due to the condition of the property no search warrant was necessary, documentation could be done without entry into the property. Notice of public hearing was sent posted and sent to Mr. Gamet and placed in the Leader Newspaper, no building rehab permit has been obtained as of this date. He stated that the structure is basically a house frame with some plywood on the outside. The front porch has had a car run through it and knocked it off. Part of the floor is missing. He presented a PowerPoint presentation detailing the uninhabitable status of the properties. Officer Wright then answered Mayor Johnson that all attempts to contact Mr. Gamet have been unsuccessful. He stated that they have sent certified mail, which shows it has been received but no contact back. He is in Alabama or Georgia. He is not responding to the certified mail. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Mayor Johnson stated that the Ordinance will be brought back before the City Council at the next regularly scheduled City Council meeting. Officer Wright noted that they would much rather see the properties rehabbed than go through the condemnation process. b. RESOLUTION 805 (#03-2021) A RESOLUTION IN SUPPORT OF AND AUTHORIZING EXECUTION OF SALE DOCUMENTS FROM THE CITY OF JACKSONVILLE FOR CERTAIN REAL PROPERTY DESCRIBED HEREIN (GENERAL LOCATION – UNITS 2 AND 3 OF THE REBSAMEN MEDICAL SUBDIVISION); AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Bolden to read Resolution 805 (#03-2021). Whereupon City Attorney Friedman read the heading of Resolution 805 (#03-2021). MOTION CARRIED. Mayor Johnson related that the property was previously owned by the Hospital Board; and given to the City because the Hospital Board is a private foundation that has to give away so much of your assets every year. It is in the Rebsamen Medical Subdivision, meaning that it has to be used for medical purposes and they asked, when they give us money, that we reserve that for any sort of medical needs for ambulances, equipment and that sort of thing. So, this property is valued at $330,000.00; it is located next door to the eye clinic, so they will have to move the road and utilities to be able to, they are going to have to get it replatted. There is a lot they can do before this sale can go through. They are offering $290,000.00, I just need the City Council’s permission to be able to enter into that agreement and sell it. After they jump through all the hoops, they have to get an architect, get a drawing, get all that turned in – even before – and then they are going to get it replatted. They have to own it to get it replatted, so there is a lot of hoops that they have to jump through before they will even come to place. He stated they are the physical therapy company that took over Harry Morton’s practice and that building they are in is too small and they want a bigger building. Council Member Bolden moved, seconded by Council Member Dietz to approve & adopt Resolution 805 (#03-2021). Council Member Blevins noted Mayor Johnson quoted that it was $330,000.00; saying he did not see a copy of the appraisal, when was the last appraisal done. Mayor Johnson answered I don’t know. There has been one and I think it was over $330,000.00 when it was done but we didn’t do an appraisal. We took the property records, the Hospital Board took the records from the County and valued it $330,000.00. Council Member Blevins stated that it also says in here that we are paying closing cost. 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Mayor Johnson replied, well we will have some, they are going to have their share. Council Member Blevins read from the commercial purchase letter of intent that says “all costs associated with the closing shall be the responsibility of the seller”. It is number VIII. Mayor Johnson related that he did not know how much costs there is going to be to do that - but, not much. Council Member Blevins stated Okay, but that’s not normal, right? Mayor Johnson replied, I don’t know. Council Member Traylor stated it was when I bought my house. Mayor Johnson stated that usually they are split between the buyer and seller, adding that there are no property taxes. He stated that he believes they will have to be responsible for restate stamps, I don’t know. Council Member Blevins asked Public Works Director Jim Oakley if he had an answer for this. Public Works Director Jim Oakley stated that he does not have an answer about the closing fees or the costs of them but I can tell you that the land, as the Mayor mentioned was donated to the City, so it is a 100% profit. It would be a hard deal to beat. I don’t see how you could argue with that point but as far as the exact cost of closing fees, I am not a title company. Mayor Johnson stated that there are no liens or anything on it, there is no property tax. Public Works Director Jim Oakley concurred saying it would be very minimal, noting there is a realtor. Jim Peacock answered that it would depend on how it is put into the contract. Council Member Bolden stated that the contract hasn’t been done yet. Mayor Johnson concurred. Public Works Director Jim Oakley repeated that it would be minimal, estimating maybe $3,000.00. Mayor Johnson commented that there are no realtor fees involved. Revenue stamps and maybe a survey. Public Works Director Jim Oakley noted that there would be title fees and deed fees. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Mayor Johnson concurred, saying that it would be a title search, concluding that it might be $3,000.00. Council Member Blevins stated shouldn’t those fees be defined before we enter into an agreement to sell something not knowing what the costs would be. I know that you are saying that it is a 100% profit. Mayor Johnson concurred that it is. Public Works Director Jim Oakley stated that the minimum would be $500.00, adding that he could not tell what the maximum would be without going through the process. I cannot give the exact dollar. I would guess that it would be more of the minimum of $500.00, when I have called to get the minimum fees for doing the minimum type of research. It could cost a little more than that, it would not be much more than that, I wouldn’t think. Mayor Johnson asked if the buyer would agree to pay the restate tax stamps. Mr. Brooks agreed. Mayor Johnson stated that other than that there are really no costs associated, the title search will be nothing. It will probably be $500.00 our costs and they are going to pay the revenue stamps, which could be the most expensive part of the whole closing costs. Mayor Johnson asked for a voice vote with the modification that the buyer would paying the revenue stamps. MOTION CARRIED with Council Member Blevins abstaining. c. ORDINANCE 1657 (#07-2021) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY FOR BALANACES DUE FORM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Council Member Ray moved, seconded by Council Member Rains to place Ordinance 1657 on FIRST READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1657. Mayor Johnson explained that this is liens put on properties because Code issued a mowing letter and the City had to mow the property. He noted that when the property sells the City will eventually get the lien payment. In response to a question from Council Member Rains, City Attorney Friedman stated that she believes most of the liens are for mowing but cannot say that definitively. She added that is what they are typically. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Council Member Rains stated that she is asking because there are a couple that are over $1,000.00 and some that are over $2,000.00. Mayor Johnson noted that each mowing is $200.00. Council Member Rains stated that it is definitely a lot of mowing and she would like to take this time to thank the Code Enforcement and the City for maintaining that. Mayor Johnson agreed, saying that Code is doing a good job and now that we have a structure in place over at the Police Department. Public Works Director Jim Oakley related that the price is $100.00 to $200.00 per mowing and that some of the charges could be 4 to 5 times during the mowing season. Officer Wright stated that they would have to be for mowing because they did not do anything last year that would have generated any liens other than cutting grass. Council Member Rains noted that it has been said that we did not do this last year so this maybe something take… City Attorney Friedman stated the reason we did not do it last year is typically we pass this Ordinance in November and it is filed with the County st by December 1 to go on next year’s taxes. Due to COVID and a lot of other issue this is when it is getting done this year. Council Member Bolden moved, seconded by Council Member Sansing to approve Ordinance 1657 on FIRST READING and SUSPEND THE RULES to place Ordinance 1657 on SECOND READING. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. (0) voted NAY. MOTION CARRIED. Council Member Bolden moved, seconded by Council Member Rains to further SUSPEND THE RULES and place Ordinance 1657 on THIRD AND FINAL READING. Council Member Traylor confirmed that this is not all of the mowing done by the City, this is just what has not been paid. He then confirmed that all the property owners have been sent letters that a tax lien was going to be filed. Mayor Johnson stated that they have been given time because the letters went out in December. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. 15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Council Member Bolden moved, seconded by Council Member Sansing to APPROVE AND ADOPT Ordinance 1657 in its entirety. ROLL CALL: Council Member Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains voted AYE. MOTION CARRIED. th ORDINANCE 1657 (#07-2021) APPROVED AND ADOPTED THIS 15 DAY OF APRIL, 2021. APPOINTMENTS: A&P COMMISSION Council Member Ray moved, seconded by Council Member Bolden to approve the appointment of Sandra Patel for a term to expire 3/31/2025. MOTION CARRIED. Council Member Ray moved, seconded by Council Member Bolden to approve the reappointment of Patricia Green for a term to expire 3/31/2025. MOTION CARRIED. WATER COMMISSION Council Member Ray moved, seconded by Council Member Bolden to approve the reappointment of Jim Peacock for a term to expire 4/20/29. MOTION CARRIED. ADDITIONS TO THE AGENDA: Council Member Ray moved, seconded by Council Member Bolden to suspend the rules and place the appointment of Tanner Ruple to the Housing Authority and a FINAL PLAT for J.J. Kitchen Subdivision No. 2 on the agenda. ROLL CALL: Council Members Bolden, Blevins, Sansing, Ray, Traylor, Smith, and Rains vote AYE. (0) voted NAY. Mayor Johnson noted that the final plat is for a new Dollar General Store being constructed close to 440 on Highway 161 and was approved by the Planning Commission. Public Works Director Jim Oakley noted that it was approved with two contingencies; one a cash bond for sidewalks and second, was for some drainage issues. He noted that today the City received the cash bond for the sidewalks, adding that he does have a consultant looking at the drainage. He stated that he does not have an issue with the City Council passing the final plat with the contingency that any drainage issues are resolved. Cody Sexton with Blew and Associates clarified that they are confident that they have addressed the drainage issues with the site adequately, adding that he realized the City may not have had a chance to go through everything yet. He stated that there is some unique consideration with this specific property because it is in the flood plain itself. He acknowledged that there are some different things that you have to do to make it work but we do have the building up out of the flood plain and we’ve got the analysis, saying that there was some discussion about whether or not the water would be able to be conveyed off of the property. He stated that in the back of their report they have an analysis of the channels. He stated that the City’s consultant just needs to have a conversation with us sometime so we can discuss the rest of the details. 16 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. Council Members Blevins, Ray, Bolden and Mayor Johnson complimented the development. Council Member Traylor moved, seconded by Council Member Bolden to approve the final plat with the contingency that the drainage issues are resolved to the City’s satisfaction before the final plat is signed. MOTION CARRIED. HOUSING AUTHORITY Mayor Johnson announced that following the release of the agenda he has an appointment for Tanner Ruple to the Jacksonville Housing Authority to take the expired term of Jody Urquhart to expire 3-17-2025. Council Member Ray moved, seconded by Council Member Traylor to approve the appointment of Tanner Ruple to the Jacksonville Housing Authority for a term to expire 3/25/2025. MOTION CARRIED. ANNOUNCEMENTS: Council Member Bolden stated that his hat is off to the Chamber of Commerce for the economic development meeting they hosted. He stated that it was very enlightening, saying that they had a good speaker. He stated that one of the major issues covered was social media and Facebook, as Council members or individual in the City, being negative is not helping businesses come. He stated that one of the speakers related an incident where a Council Member was negative about the city he was from and it made a business back out. He emphasized importance, saying that he wished all the Council Members were there to witness it first-hand, he doesn’t want anyone to think he is picking on anyone but the fact is that we need watch what we post, watch what we say, watch how you handle things, being a Council Member is not a place to vent, it is a place to build the City and let people know you love being a Council Member and you want this City to be the best. He stated that it is very important, noting that Mayor Johnson also spoke. Mayor Johnson stated that he also thought it was a good meeting and the State people talked to us and they said these companies do their homework, they will look at our City Council videos, read our minutes, they will check social media, they will check the newspaper, they will know more about you than you know about them. He stated that it usually comes down to one or two or three choices and anything that sways it negatively is not good is not good for economic development. He stated that he appreciates everyone that was able to attend. Council Member Rains stated that it was a great program and wanted to take the time to thank Council Member Bolden for his question at the meeting; it was very enlightening and it is interesting for me personally to hear that quality of life is among one of the sections of what they look for that is increasing and becoming a priority. Mayor Johnson noted that the A&P Commission gave the City money to build the Dog Park and Saturday there was 22 cars there and Sunday. Quality of life is 17 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. many things; its bicycle trails, walking trails, parks and its restaurants and things to do. Quality of life is a huge part of economic development and growth. Council Member Bolden stated that quality of life is so important because it helps your psyche, especially with all the stress that is going on with the pandemic. Mayor Johnson stated that we are trying to do things in the City to improve quality of life that you don’t have to take money out of your pocket to go do. He stated that to him that is a quality of life issue itself that you do not have to pay to do it. He related that they want to expand the pond at the Shooting Range and build a pavilion out there. More fishing derbies and that sort of thing, when Game and Fish reopens, adding that we are allowed to restock Dupree Park now. Council Member Rains noted that quality of life is a big discussion point for the Environmental Committee. Mayor Johnson stated that he mentioned that when Rex Nelson came and spoke to the Chamber of Commerce, he had said that there are three things that are important to the city; Quality healthcare, now we are getting Unity in our quality healthcare; Good Education, we moving up in education, we have new schools and Quality of Life Issues. So those are the three qualities of a good healthy city and that will help your recruitment of businesses and industries to town. Council Member Blevins asked regarding quality of life, what would we need to do to contact Habitat for Humanity to get them more involved with Jacksonville? He stated that he had contacted them and after listening today, it seems like there are probably people who need them more than ever. Mayor Johnson replied that he has talked to them about them building some houses in Jacksonville, and they said that if I could find them a piece of land and get it donated to them that they would be happy to do that. He related that he toured their subdivision in Levy, where they built houses and sold them for 0% interest. He noted that we had a plan worked out with them until COVID hit, to come out and work in Sunnyside. They were going to provide the labor and the Air Force has agreed to provide labor and CDBG was going to provide the materials. We are going to help some of the houses that need porches, and kitchens redone. They have everything except roofers and electricians. He stated that was implied before COVID, adding that he hopes we get back to it before too long. Council Member Rains asked if there is anything that any member of the Council can do to help facilitate that and move that along? Mayor Johnson stated that he feels it is just letting COVID get over with so they will get their people out here to do it. He stated that he talks to them 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2021 6:00 P.M. – 7:32 P.M. about once a month. He noted that they also have a rehome store and Brad said they would bring stuff from there. He stated that it is important to them, not to just build houses, but helping people with their houses that they are either unable to do themselves or can not afford to do for themselves. He stated that actually Ms. Billie Ann Myers is who brought that to him. ADJOURNMENT: Without objection, Mayor Johnson adjourned the meeting at approximately 7:32 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR BOB JOHNSON City Clerk-Treasurer 19