After a report given by Alexander City Attorney Lana Fraser, it is
going to take a land surveyor to determine the location of the city
park’s boundaries and how much of it is already owned by the city.
Based on a warranty deed issued to the city in 2004 and a quitclaim
deed issued in 2016 Fraser says it appears the 2004 deed has more
acreage than the 2016 deed.
Currently, the city
park is made up of two parcels of land. The western parcel makes up
about three-fourths of the park and was deeded to the city by Douglas
W. Loftin Jr. and his wife Cindy Loftin in 2004. It was also deeded
to the city by the Arkansas Land Commissioner for unpaid taxes in
2016.
According to the
Saline County Assessor’s Office the smaller eastern portion is
owned by David W. Jacks. Saline County records show the Loftins sold
the eastern portion to Jacks in the year 2000.
“It’s quite
possible you may have a color of title,” Fraser said. “The
Loftins could by accident deeded both to Mr. Jacks and the city the
same little spec of land.”
This discovery was
brought about while researching a solution to a property dispute
between the city and Jacks. The eastern end of the park is the
location of the gazebo and water fountain. Based on the Saline County
property map this parcel starts at Highway 111 and ends between the
last two rows of the parking lot. The remaining three-fourths of the
park follows Crooked Creek and ends at the city boundaries to the
west.
The city had been
mowing the grass on the eastern parcel for many years. As far as
anyone knew it was city property. The improvements made to that area
were done from 2015 to around 2019.
That’s when Jacks
contacted Mayor Paul Mitchell asking about the now completed
improvements on his property. According to Mitchell he tried to
negotiate a resolution with Jacks but they were all basically
one-sided, due to Jacks’ refusal to respond to any offers. Mitchell
had even hired a real estate lawyer to no avail.
The previous city
attorney was attempting to negotiate a purchase of the property
before she resigned her position. Fraser believes Eminent Domain is
the more viable option.
Her research has
also uncovered documents that show Jacks had lost ownership of the
property twice due to non-payment of property taxes. He then regained
ownership twice after paying restitution on the overdue taxes.
“It’s
understandable you thought it was city property,” she said.
Fraser was given
permission to hire a surveyor to determine the true location of the
boundary lines and to do a title search. Surveying the property,
based on the 2004 warranty deed, and conducting a title search will
provide the city a legal starting point.
Also at the
August 16 meeting:
City property tax
remains at 1.5-cents
The Alexander City
Council approved the annual resolution establishing the city’s real
estate and property tax rate for the next taxing year. The tax rate
will remain at 1.5-cents. What would normally be a tax rate of
5-cents was gradually reduced in exchange for a one-cent sale tax
increase, which was approved by voters in November 2017.
Planning
Commission report:
No vote on zoning
ordinance needed
Planning Commission
Chairman Michael Huck told council members they won’t be voting on
a zoning ordinance at this meeting. Huck said the zoning hearing for
My Ample Storage was held prior to the commission’s regular meeting
on August 10. No one from the public attended the hearing, either for
or against, the request for a zoning change to Highway Commercial for
a 1.73-acre piece of property annexed into the city in 2018. My Ample
Storage is located along Highway 5 west of the intersection with
North Alexander Road.
Since there were
only two commission members present, Huck and commission secretary
Tonya Prowse, Huck said they did not have a quorum to hold the
follow-up planning commission meeting. A quorum is three.
At that meeting the
commission would have voted on the recommendation to send the zoning
request to the city council for final approval. Huck added he had the
city attorney pre-approve the ordinance in expectation of having it
on the agenda for the council’s August meeting. He said he will
attempt to schedule a special meeting of the planning commission,
hopefully for August 24.
Having the quorum
wouldn’t have done any good, however, since there were only four
council members present at the city’s August 16 meeting. Attending
the meeting were Joe Pollard, Joy Gray, Juanita Wilson, and Lonny
Chapman. Mayor Paul Mitchell served as the quorum and was required to
vote on all motions.
The mayor could have
done a first reading of the ordinance, but that would have been all
he could do. It’s required an ordinance be read at three separate
meetings. To override the second and third reading requires a
two-thirds vote of the council. In this case at least six council
members would have had to be present. It also requires a two-thirds
vote to pass an emergency clause to allow an ordinance to go into
effect immediately. A mayor cannot vote as part of the two-thirds.
Either way, the next chance to vote on the ordinance would have been
the council’s September meeting.
Verizon cell
tower coming to Alexander
In the next two
years a Verizon cell tower should be going up in Alexander if the
site recommendation makes it through the communications company’s
own approval process. Huck says he was contacted by a representative
who says they found three acceptable sites in the city. The A-choice
is in the woods at the end of Mountain Circle. Mountain Circle
intersects with Mountain Drive which is possibly the highest point in
Alexander.
Huck noted the
property is zoned AG-1 (Agriculture) and transmission towers are
allowed under conditional use. He said once Verizon approves the site
they will have to go through the Conditional Use Permit process.
Survey
preliminary version released
Council members
received the preliminary version of a survey, written by Metroplan,
to review before it is distributed to city residents. Surveying
residents is the next step in the writing of a master development
plan.
Council member Joe
Pollard was impressed with the comprehensive nature of the questions.
“It will be a big
help to the city,” Pollard said of the survey.
Once Metroplan puts
the survey into a final form the process of distributing and
collecting will have to be organized. Once that is completed
Metroplan statisticians will tally up the results based on survey
answers.
Mayor given sole
control of BigRed project
At the request of
Mayor Paul Mitchell, the city council gave Mitchell approval to make
all final decisions concerning the construction of a BigRed on the
north corner of Cornerstone Road and Hwy 111 in order to “expedite”
the project. This means the normal process of architectural drawings
being approved by the planning commission and then the city council
giving final approval will be bypassed.
At this year’s
January 25 council meeting Mitchell told council members he met with
the engineer assigned to build the BigRed. He said they have
calculated the property’s dimensions and are in the design phase of
the project. Even though the property is zoned for that type of
business, it was understood at the time the design will still have to
come before the planning commission with final approval from the city
council. So far no plans have been brought to the commission.
“I don’t want to
aggravate these people and have them move someplace more friendly,”
Mitchell said.
Mitchell asked for,
“The authority and the power, from the council, to make sure it
gets done, gets expedited.”
He says they can
have it built in two-and-a-half months.
Joy Gray made the
motion and Lonny Chapman seconded.
Planning Commission
Chairman Michael Huck then asked if the commission was being
bypassed.
“We’re not
holding things up because they haven’t brought us anything,” he
said.
“The city council
has the final authority on that (whether projects get approved),”
Mitchell said. “If anything comes up we want to make sure I can
solve the issue.”
All four council
members and the mayor voted to approve the motion.
Next Meeting
The
next meeting of the Alexander City Council is Monday, September 20 at
6:00 PM in the courtroom at city hall. The public is invited to
attend.