25 OCT 2REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met for a regular session on October 2, 2025 at their regular meeting place. Mayor Elmore delivered the invocation and led a standing
audience in the “Pledge of Allegiance.”
ROLL CALL: City Council Members: Dietz, Ruple, McCoy, 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 Ray was absent.
Others present for the meeting were: Police Chief Brett Hibbs, Fire Chief Alan Laughy, Finance Director Laura Collie, HR Director Charlette Nelson, CDBG Director Michelle Spencer, Assistant
City Clerk Emilia Vazquez, and Morgan Allen.
PRESENTATION OF MINUTES: Mayor Elmore presented the minutes of the regular City Council meeting of September 18, 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 LaBron that the minutes of the regular City Council meeting of September 4, 2025 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
COMMITTEE(S):
GENERAL: ORDINANCE 1798 (#27-2025)
AN ORDINANCE ESTABLISHING CITY OF JACKSONVILLE MUNICIPAL PROPERTY OWNERS’ MULTIPURPOSE IMPROVEMENT DISTRICT NO. ___ (GREENHILL ESTATES); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Elmore opened the public hearing at approximately 6:02 p.m.
With no one requesting to speak, Mayor Elmore closed the public hearing at approximately 6:03 p.m.
Council Member LaBron moved, seconded by Council Member McCoy to place Ordinance 1798 on FIRST READING. ROLL CALL: Council Member Dietz, Ruple, McCleary, McCoy, LaBron, Moss, Twitty,
Kinman, and Mimms voted AYE. MOTION CARRIED. Whereupon City Attorney Friedman read the heading of Ordinance 1798.
City Attorney Friedman asked what improvements are the developer proposing to make.
Developer Jeff Aclin with Arkansas Homes and Rentals replied that this is an improvement district to allow them to recoup some funds for the development of the subdivision.
City Attorney Friedman read from the ordinance, stating it “is to provide for the construction of waterworks, sewers, treatment facilities.” She requested clarification if those have
already been completed.
Mr. Aclin replied yes.
City Attorney Friedman explained that, typically, this is done on the front end before any of those utilities are in place and are done for improvements. She noted there is case law
showing the district has to show that there was an increase in value to the homes; that there is some actual improvements being done. She related that there are other avenues to recoup
the developer’s financial interests under a different statute, but she is unsure, given the facts here, that an improvement district is necessarily the best option, considering there
are not going to be any improvements. She mentioned it could potentially open the City up for some liability.
Mr. Aclin understands, but would have to consult with his attorney.
City Attorney Friedman brought up that some parcels have been sold since the petition was filed.
Mr. Aclin confirmed that is correct and they were notified about the improvement district.
City Attorney Friedman recommended tabling the ordinance until the developer’s attorney can be present for discussion. She reiterated that her concern is that there are not any proposed
improvements.
Mr. Aclin stated the improvements were the subdivision itself, noting they started this process six to seven months ago and it has taken a long time to get here. When City Attorney Friedman
inquired about the utilities, he surmised they were finalized around eight to nine months ago; around the same time this process started.
City Attorney Friedman asked when the final plat was approved by City Council.
Director of Engineering and Public Works Adam Whitlow confirmed the final plat and bill of assurance was recorded with the County on September 17th, 2024, so it was approved prior to
that.
Council Member Moss brought up that this ordinance is to retroactively approve something already done.
City Attorney Friedman concurred, saying she believes that is what the petitioner’s intent was, but the way the ordinance is written does not clarify that.
Council Member Moss asked if they pass this for something done retroactively, what about other citizens who would like things done retroactively; would they have the same options and
right?
City Attorney Friedman stated that is part of her concern.
City Clerk Davitt noted this would be setting a precedent.
City Attorney Friedman explained that if they had a benefit study that showed significant improvements from what is currently there, then this is justifiable, but it is difficult for
her to allow Council to vote on this as is.
When Council Member Kinman brought up the more than five people who has bought property there, Mr. Aclin affirmed they were notified about the improvement district when they closed on
the property.
City Attorney Friedman mentioned providing certified copies of the notice sent to the new owners. She requested clarification of who would be paying for the improvement district.
Mr. Aclin replied that it gets assessed on the property owners’ taxes.
City Attorney Friedman summarized her concerns, listing verifying that current ownership has been notified, identify scope of improvements, and a benefit study showing there are significant
improvements. She noted, without those three things, we run the risk of an unlawful retroactive tax.
Mr. Aclin confirmed the ordinance can be tabled and he will speak to his attorney to get answers to those questions. When Council Member McCoy inquired, he replied that the owner of
the properties would be responsible for the tax, not the tenants.
City Clerk Davitt pointed out that there is no sunset clause, so if funds are recouped, they will continue to collect the tax.
Mr. Aclin explained that the money coming from the improvement district would come nowhere near recouping all of their costs, surmising it would take hundreds of years. He related that
the development costs were over $1 million. When Council Member Ruple inquired, he replied that he believes the tax would be $650 per year for each property owner and there are 64 lots
total.
Council Member Ruple moved, seconded by Council Member McCoy to TABLE Ordinance 1798 (#27-2025). MOTION CARRIED.
APPOINTMENTS:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANNOUNCEMENTS: Jacksonville Cleanup Day
Mayor Elmore announced that this Saturday morning at 8:00 a.m. the Parks and Recreation Department is hosting Cleanup Day. He explained they will be meeting and starting out of Johnson
Park.
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