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23 MAY 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 4, 2023 6:10 P.M. – 6:23 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 May 4, 2023 at the regular meeting place of the City Council. Council Member Bolden delivered the invocation and Mayor Elmore led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: City Council Members: Dietz, Bolden, McCleary, Sansing, Ray, Twitty, and Kinman answered ROLL CALL. Mayor Elmore also answered ROLL CALL declaring a quorum. PRESENT SEVEN (7) ABSENT THREE (3). Council Members Mashburn, Moss, and Rains were absent. Others present for the meeting were: City Attorney Stephanie Friedman, Finance Director Cheryl Erkel, Parks and Recreation Director Kevin House, Police Chief Brett Hibbs, Fire Chief Alan Laughy, IT Director Emily Osment, Assistant City Clerk Emilia Vazquez, Jim Moore, Johnny Simpson, Reginald Ford, Kurt Zen-Ruffinen, and Rick Kron. PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regularly scheduled City Council meeting of April 20, 2023 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 Bolden that the minutes of the regularly scheduled City Council meeting of March 16, 2023 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Council Member Bolden moved, seconded by Council Member Ray to approve the regular monthly report for April 2023. APRIL PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 23 Building Inspections 30 Business License - Electrical 58 Plumbing 50 HVACR 22 ROLL CALL: Council Member: Dietz, Bolden, McCleary, Sansing, Ray, Twitty, and Kinman voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 4, 2023 6:10 P.M. – 6:23 P.M. PLANNING COMMISSION: REPLAT Lots 1 & 2 Garry Estates Council Member Dietz stated this is to bring the property into compliance with City codes and is replatting one lot into two. He explained that the Planning Commission did not have any problems with it. He noted it is for the Goshen family who have been in town longer than most of us. He confirmed they have one residence on it and it is located near Casey and O’Neal Streets. Council Member Bolden moved, seconded by Council Member Sansing to approve the replat of Lots 1 and 2 of Garry Estates. MOTION CARRIED. COMMITTEE(S): GENERAL: a. Veto of RESOLUTION 832 (#01-2023) by Mayor Elmore Mayor Elmore recalled during the last City Council meeting, Resolution 832 was passed by Council, but subsequently, he vetoed it. He pointed out that in the packets was a letter regarding why. He explained that in regards to all of the conversation that took place that night and what had been said over th the past year and a half, starting with the September 16meeting of 2021, there have been numerous times it was mentioned of giving property owners adjacent to those lots the first opportunity to purchase them, then to those ththth in the area. He shared that Council Member Dietz on April 26, 27, and 30 went into Sunnyside to the residences adjacent to the lots to give the homeowners that actually live there, the first opportunity to purchase and expand their properties. He mentioned that four out of the five they thought were property owners, were actually renters, and the one that was a property owner was not wanting to speak at that time. He brought up that he has also been contacted since the last meeting by several residents who have inquired about wanting to purchase lots, so he started a list and gave those people opportunity first, before we came back to Arkansas Home Builders. He stated he has heard back from all, but one, of the people who wanted to purchase them and they have agreed, so all of the lots have been spoken for and will be sold. He explained it was discovered that five of the lots listed, the City cannot sell because they were deeded to the City of Jacksonville from the Commissioner of State Lands as a donation deed, which are given to the municipality to use for an intended purpose, and if that land is not being used for that purpose, it has to go back to the Commissioner of State Lands. He confirmed that does not mean it is a dead issue, because if someone wanted to purchase those five, it can still be done, but to do that, all of the back taxes, penalties, and interest dating back to 2001 would have to be paid on those lots. He shared that after talking to the Commissioner of State Lands’ office, they could not give him an exact number, but surmised it would be between $7,000.00-$10,000.00 per lot. He added that unless someone is wanting to pay that, plus the additional purchase to net the City $750.00, we will turn those lots back over to the Commissioner of State Lands as required. He listed them as 115 East Boulevard, 117 Joiner, 193 Roosevelt, 109 Union, and 105 West. He related that if anyone is interested in those five lots, it actually works out better for them, because when the City turns them back over to the Commissioner of State Lands, they will place them on their auction site beginning at $50.00 per lot and possibly without the encumbrance of everything else that has to be paid off. He detailed that the lots were 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 4, 2023 6:10 P.M. – 6:23 P.M. deeded to the City from the Commissioner of State Lands in 2008, but because they are not being used for an intended purpose, which he does not know what it would have been since these are residential, it in in the City’s best interest to turn them back over, confirming he can start the process at any point. When Council Members Kinman and Bolden inquired, he replied that the City will have to keep mowing them until they are auctioned off and the City cannot bill the Commissioner of State Lands for the mowing. He stated those who are going to purchase the other lots have until noon tomorrow to give him an answer and they have to be closed by cash or cashiers check by Wednesday th the 17, then the night after, he will present a resolution to Council for approval. b. CDBG update for Community Mayor Elmore stated this item of business will be postponed until the next th meeting of May 18. ADDITION TO AGENDA: Council Member Ray moved, seconded by Council Member Twitty to SUSPEND THE RULES and add an appointment to the agenda. MOTION CARRIED. APPOINTMENTS: WATER COMMISSION Council Member Ray moved, seconded by Council Member Bolden to appoint Logan Perry to fill the unexpired term of Philip Keaton set to expire 04/20/2026. MOTION CARRIED. UNFINISHED BUSINESS: ANNOUNCEMENTS: ADJOURNMENT: Without objection, Mayor Elmore adjourned the meeting at approximately 6:23 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR JEFF ELMORE City Clerk-Treasurer 3