COUNCIL MINUTES PUBLIC HEARING APRIL 16, 2024
CITY OF GASSVILLE, ARKANSAS
MINUTES FOR PUBLIC HEARING ON CONDEMNATION OF PROPERTIES
APRIL 16, 2024
The City Council of the City of Gassville, Arkansas conducted a special called public hearing on Tuesday, April 16, 2024, pursuant to prior public notice being duly given. The purpose of the public hearing was to allow public comments concerning the proposed condemnation of the structures or buildings on two parcels of land in the city that have been identified as unsafe and nuisance properties.
The public hearing was called to order at 6:00 PM by Mayor Jeff Braim, Presiding Officer. Council Members in attendance were Kenneth, Smith, Tim McFarland, and Naomi Lassen. Recorder-Treasurer Jeff Lewis also attended.
A complete sign-in roster of all persons who were in attendance is attached hereto and incorporated herein by reference.
Mayor Braim stated that the properties in question were at 104 Hopper Street and 516 Hwy 62. Attorney Kerry Chism was present as a representative for the City of Gassville to provide advice and answer any questions about condemnation procedures.
With respect to the property at 104 Hopper Street, the Mayor stated that notice of this public hearing had been sent via certified mail to the owner of record, Mr. George Bernardy. The letter was sent on February 26, 2024 and was received and signed for on March 1, 2024. Neither Mr. Bernardy nor anyone on his behalf appeared at the public hearing. City Inspector Shane Marler had inspected the property and gave a report to the City Council. He indicated that the building, a former residence, is unlivable and has been in that condition for approximately ten years. He gave specific details as to why, which were provided to the City Council in writing, along with photographs. No persons in attendance addressed the City Council concerning this property.
The owner of record of the next property at 516 Hwy 62, Mr. James McGowan, was not present at the public hearing either. Mayor Braim informed the City Council that he had been contacted by Mr. Brian Rowe, who stated he has obtained "proxy", or power of attorney, over Mr. McGowan's affairs, but has not provided any written documentation of this. The certified notice of this hearing had been mailed to Mr. McGowan at his last known address on March 1, 2024. It had been returned by the post office as undeliverable.
City Inspector Marler also gave the City Council a report on his inspection of this property. He also described this property, formerly a residence, as unlivable. He provided the City Council with his report in writing, along with photographs.
Two members of the audience in attendance expressed interest in acquiring the property and bringing it into compliance with city regulations. Mr. Andy Smith stated he has prior experience dealing with properties in this condition and is interested in making an offer on the property to the owner.
Mr. Jamie Mann also spoke in regards to this property. He stated he had made an offer on the property to Mr. McGowan about a year ago that was tentatively accepted, but that Mr. McGowan had not been able to clear out the contents of the building. Mr. Mann was contacted today by Brian Rowe. Mr. Mann has again made a tentative offer to purchase the property from Mr. McGowan provided that a clear title can be obtained. An attorney is researching that issue. Mr. Mann asked for a 30 day delay from the City Council to allow this process to conclude. Mr. Mann stated he has rehabilitated several properties in the past. He indicated that he would work swiftly to either rehabilitate the structure to bring it into compliance or demolish the structure and remove the debris.
Mayor Braim gave some background on this property. The house was damaged during the 2008 tornado. Although Mr. McGowan initially made some limited efforts to stabilize and secure the structure in the aftermath of the tornado, no other work had been done on it, and it has fallen into further disrepair. It is time for the situation with the property to be dealt with.
The City Council had planned to consider formal condemnation resolutions on both properties during the regular City Council meeting to follow, but the meeting could not be held due to lack of a quorum. The condemnations resolutions will be taken up when the City Council next meets at an alternate date.
The Public Hearing then concluded at 6:27 PM. Afterwards, the Mayor gave brief updates on the status of the properties on Lakeview Drive, S. Johnson Street, and 237 E. Factory Place.
Submitted by: /s/ Jeffrey Lewis,
Recorder-Treasurer
Approved by: /s/ Jeff Braim,
Mayor
