REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MARCH 5, 2012

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1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MARCH 5, 2012 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 6:30 PM on March 5, ROLL CALL: Mayor Smith asked the Clerk to call the roll and the following Board Members were present: Mayor N. Wayne Smith, Assistant Mayor James Mike Jones, and Directors Ruth Penney Davis, Chad Dowd, Laney J. Harris, Sue Johnson, and Director Londell Williams. Also present were City Manager Harold E. Boldt, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Mayor Smith asked it be duly noted there was a quorum present for tonight s meeting. INVOCATION: The invocation was given by Assistant Mayor Mike Jones. PLEDGE OF ALLEGIANCE: Assistant Mayor Mike Jones led everyone in the Pledge of Allegiance. COMMENTS FROM THE MAYOR: Welcome: Mayor Smith welcomed the public and city staff to tonight s board meeting. Board Meeting Procedure: Mayor Smith then briefly reviewed the board meeting procedures and pointed out the Agenda Item, Citizens Communication Cards, and agendas along the rail for tonight s board meeting. The Mayor asked any audience member interested in speaking at tonight s board meeting to complete one of the cards and turn it in to the City Clerk. He said this would help run 1

2 an organized meeting and allowed the Clerk to have the necessary information for the meeting minutes. He stated any citizen could comment on any item the board would vote on and express their desires, but would be limited to five minutes. City Clerk Department (CCD) Grant and Scholarship Notification: Mayor Smith spoke briefly about the work the City Clerk Department was doing to receive grants and scholarships to offset city costs. (City Clerk Patti Scott Grey received notification of the following grant and scholarship, 1) 2012 IIMC Conference Grant, which would pay for the Conference registration fee ($560.00) and 2) Municipal Clerk Foundation (MCEF) MMCA Scholarship in the amount of $ for Municipal Clerks Institute Advanced Academy.) Government Students: Mayor Smith recognized Tony Moya, Abigail Knight, Taylor Peek, Emanuel Sanchez, Alex Valdes, Carroll Mays, LaQuita Sumpter, and Emily Mitchell, all Texas High School students. The Mayor commented the students were at tonight s meeting as part of Mr. Littmann s and Mr. Lipscomb s Government Class. Mayor Smith welcomed them, said he hoped they learned a lot from tonight s meeting, and encouraged them to contact him if they had any questions about the board meeting. PRESENTATION: City Employee Service Awards: Mayor Smith presented awards to Mary Eads, David Fletcher, Patrick Cigainero, and Richard Hutchison. They each received a City of Texarkana, Arkansas, Employee Service Award and Texarkana, Arkansas City pin. The award recognized Ms. Eads for twenty-five years with Central Records and Communication (CRC); Mr. Fletcher for twenty years with the Texarkana, Arkansas Fire Department (TAFD); Mr. Cigainero for twenty years with the Texarkana, Arkansas Fire Department (TAFD); and Mr. Hutchison for twenty years with the Texarkana Water Utilities (TWU). They accepted the honor and thanked Mayor Smith, the Board of Directors, and City Manager Harold E. Boldt. 2

3 Mayor Smith commented Phillip Wagstaff, Jeff Luckett, and Michael Sorrell were unable to attend tonight s meeting and he would make sure they received their awards and pins. Mr. Wagstaff would have been recognized for ten years of service with Texarkana, Arkansas Fire Department (TAFD); and both Mr. Luckett and Mr. Sorrell would have been recognized for ten years of service with Texarkana Water Utilities (TWU). Itinerant Restaurant Ordinance: Mayor Smith recognized Public Works Director Paul D. Hackleman. Mr. Hackleman said the ordinances had definitions for almost everything that was done in the city. There were two types of restaurants in the City of Texarkana, a regular restaurant and an itinerant restaurant. A regular restaurant was any restaurant commonly known as any coffee shop, cafeteria, short order café, luncheonette, tavern, sandwich stand, drugstore and soda fountain, serving food and all other eating or drinking establishments, as well as kitchens or other places, in which food or drink was prepared for sale elsewhere. Basically, it was a free standing building you recognized as a restaurant. Zapata s and Copeland s were examples of restaurants. Itinerant Restaurants were the second type of restaurants. It was a restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering. These were the type of restaurants that operated at the Four States Fair. They could be permanent structures or mobile trailers. They could be seen at other activities such as the Quadrangle Festival and RailFest. They had to operate in conjunction with some type of festival. Those were the only two restaurant types allowed in the city by ordinance. A little barbeque trailer in a parking lot was not an itinerant restaurant. To be an itinerant restaurant, all the state and city health codes had to be met. A water hose did not meet the safety standards for the State of Arkansas. To be a restaurant, it had to meet the building codes, and plans had to be submitted to the state as well as the city. The restaurant requirements included hand washing stations and toilet facilities. The food had to be prepared on site. Collection of State, County, City and Advertisement and Promotion taxes was required. Sanitation Ordinance also had to be complied with, as well as the state rules and regulations of Retail Food Establishments. The state rules and regulations 3

4 were lengthy more detailed documents and were included in the city s ordinances. Mr. Hackleman said he would be glad to answer any questions. Mayor Smith said he requested the presentation and said once the complaints came in about one food stand; the city had to enforce the ordinance of all food stands. An invitation to tonight s meeting was given to one of the crawfish stands owners. The Mayor said the citizens wanted the availability of these types of food stands to purchase crawfish in a reasonable place. There was a crawfish vendor on 7 th Street and another on North State Line Avenue, at one time. There may have been others. Director Davis was concerned if the city was going to shut down baseball team hamburger stands that make money for their team. She also heard from citizens about the crawfish stands. She asked if the city could have codes, concerning these types of stands. She did not see how boiling crawfish was going to kill anybody. She also did not think the baseball teams were putting lives in jeopardy. There should be some things looked at a bit closer. Mr. Hackleman said the state regulations made it very difficult for anyone to set up a trailer and sell food legally per state law. It would have to be continuously screened, so flies could not get to the food. There was no smoker trailer that could qualify, unless a tent was around it. There must be hand washing facilities to be able to prepare the food. There were even procedures for how often hands must be washed. Mayor Smith said the city allowed the mobile trailers at the fair, and asked by what authority they were allowed to set up business versus a mobile trailer during crawfish season. Mr. Hackleman said a restaurant must have a permit from the state. The State of Arkansas viewed the mobile restaurant vendor permit differently than the regular restaurant. He said the state was more relaxed on these types of permits. In the city s ordinances, there was one line under miscellaneous in that stated the Chief Building Official would make a determination on mobile trailers. In other words, the city relaxed the rules a little bit. A restaurant turned their plans into the State of Arkansas and the state had to approve them. If the State of Arkansas approved the plans for a mobile vendor, the city allowed it to happen. 4

5 The Mayor asked if the vendors at the Fair, Quadrangle and RailFest had received a permit from the State of Arkansas. Mr. Hackleman said the vendors should have a permit from the state. The permits were issued locally in Miller County. County Health Inspector Sundee Braley issued those permits. If the vendor had a state permit, the city did not issue a permit. The city did have an ordinance to issue a permit, but it was not under the Public Works Department and the position was unstaffed. Mayor Smith said he believed the city needed to follow the rules, but it also needed to be sensitive to the citizens wants and needs. He said it was not him, because he did not eat crawfish, but it seemed to be a popular item in the area. In the past, the city had allowed the crawfish stands. He asked if there was a way the city could allow these types of stands if the vendor had a permit from the state. He said he also wanted to make sure the vendor paid taxes. Director Davis said there seemed to be quite an emphasis on flies and if that was the case, there were some restaurants in permanent buildings that needed to be closed down. It was pretty hard to keep flies out of anything. She said if it did not appear to be a hazard to the public, she did not see why the city had to mess with it. Mr. Hackleman said on the weekends, the trailer food vendors were the second numerous complaints received. The number one complaint was dogs. If there was a complaint about a trailer food vendor, the city shut them down. The state only issued the itinerant restaurant permits for the period of 14 days. The itinerant restaurants were meant to operate continuous for those 14 days. He said the state was actually happy the city was enforcing the ordinance as written. The state did not intend to issue permits for a food trailer for every weekend for six months, because the state knew those food trailers could not meet the health requirements. Director Dowd said it was simple. State law was state law. Let us move on. Mr. Hackleman said there was no way for the food trailer to receive a permit from the state to operate more than 14 days, unless it switched over to become permanent. Then it could be in compliance with all the state rules and regulations. Director Harris said there was an audience member who would like to speak. 5

6 Kevin Dossier said he and his brother own Country Boys Fish Market on E. 7 th Street and also Crawfish Country. He could tell you anything you would want to know about cooking crawfish. As far as contamination in the cooking process, unless you could contaminate scalding hot water with live crawfish and salt, it would not happen. He said flies were not attracted to crawfish unless the crawfish was dead. Today was the first day he had heard about anything like this. A lady from the city asked him to come over here tonight. He said he was prepared to cook Thursday, but then found out he might not be able to do that. He said as far as the barbeque stands and others that have been popping up, those stands do not have sinks and were not enclosed. He said honestly, he never had any trouble and June 19 th he would be at that location six years. He said he was at Jeremy s Liquor on State Line Avenue for six years and never had any trouble. The chaos started when all the barbeque stands and Mexican food trailers popped up. He said if it was within reason, he would try anything. He even talked to someone in Little Rock, Arkansas, when he first started and complied with those requirements. He said as for dumping water, the city said you had to have a grease trap, but the state said you could dump water in any facility as long as it was not a storm drain. Mayor Smith asked for clarification if Mr. Dossier had a permit from the State of Arkansas to operate. Mr. Dossier said he had a health certificate, which was all he needed according to County Health Inspector Sundee Braley. He said he used to cook on the Texas-side before they cut out trailer food vendors completely. Mayor Smith said the establishment on Jefferson Avenue and Arkansas Boulevard was in compliance with state and city code. He asked if it was feasible for Mr. Dossier to do the same. Mr. Hackleman said yes. It was feasible to convert Mr. Dossier s establishment, because it was kept parked. He said waste water could not be dumped anywhere other than an authorized location, which did not mean the city s sanitary sewer system. If there was not a grease trap, a wastewater disposal company had to be hired. If Mr. Dossier submitted plans to the state and 6

7 converted the trailer to a building, met the building codes, had running water, not just a water hose, then he could relatively inexpensively convert his operation. Mayor Smith asked when the crawfish season was. Mr. Dossier said the season started as soon as it was warm enough for the crawfish to come out of the ground, maybe February. Some places south have crawfish year round. Usually for us, it was the first week of February to July 4 th. The stand would not set up until the crawfish were cheap enough to buy. Assistant Mayor James Mike Jones asked if Mr. Dossier had his permit renewed every 14 days. Mr. Dossier said no, sir. Sundee Braley came twice a year and inspected his crawfish trailer. Then the certificate would be mailed and he would display it. As far as the 14 days, this was the first time in 12 years he had faced this. Sundee Braley had already been out and inspected his stand this year. Mayor Smith asked Mr. Dossier if he had two stands. Mr. Dossier said no. He and his brother bought the old Southern Package for $46,500 for the crawfish stand and to sell fish, which was something they had done all their life. When Jeremy s Liquor changed hands and was torn down, he had to move the stand. That was when he and his brother bought the building. Mayor Smith asked if Mr. Dossier owned the stand on 7 th Street. Mr. Dossier said no, he did not. He said he heard about that owner on 7 th Street moving his trailer out of the city limits on his own. Mayor Smith said Mr. Dossier was correct about the complaints coming in when the taco stand and barbeque places started popping up. Those type facilities created some significant problems. Research of the ordinance determined where we were today. Mr. Dossier said he was sure the state let him run under a more general rule. Everything was okay. Assistant Mayor Jones asked if Mr. Dossier was paying taxes. 7

8 Mr. Dossier said yes. Mayor Smith asked if Mr. Dossier was paying Advertising and Promotion (A & P) taxes. Mr. Dossier said his brother s wife handled the bookkeeping. Mayor Smith said the A & P tax was paid to the city. He said the city had to follow the law. He said it would not be hard for Mr. Dossier to make his stand a permanent building. He said he wanted to keep Mr. Dossier s business in town. He also wanted Mr. Dossier to start paying the A & P tax. The citizens of Texarkana certainly wanted to keep Mr. Dossier s business. He asked Mr. Hackleman to work with Mr. Dossier to help him to be in compliance with the city s ordinance. Director Harris asked if the proposed ordinance mentioned on the agenda would be presented to the board in the future. Mr. Hackleman said it was an error. The ordinance mentioned on the agenda was the existing ordinance. ( Proposed Ordinance has been corrected to say Existing Ordinance on the agenda.) Mayor Smith said we had a few more weeks before we got to crawfish season. Assistant Mayor Jones said it was here. CONSENT AGENDA: Director Johnson moved to approve the consent agenda. The motion was seconded by Assistant Mayor Jones and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the rescheduled regular meeting of February 21, RESOLUTION NO. 5876: Resolution No granted local Multiple Sclerosis Society (MS) Support Group Leader Becky Summers approval for use of Bobby F. Ferguson Park, including the picnic shelter, pavilion, gazebo, track, restrooms, and parking lot for the National Multiple Sclerosis Society s MS Walk on Saturday, April 7, 2012 from 9:00 AM until 1:00 PM. The Walk supported persons with MS, raising funds for research, lunch, meeting other persons affected 8

9 with MS. Activities included walking around the park collecting donations to the MS Society. Lunch and prizes would be awarded. REGULAR AGENDA: RICHARDSON PROPERTIES 1, LLC REZONING ORDINANCE: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezoned a tract of land located at 1416 East 24th Street from R-2 Single-family Residential to R-3 Low Density Residential to re-subdivide the property to construct three single-family dwellings. The same being more specifically described as follows: Lots 1 & 2, SCOTT S ADDITION, Texarkana, Miller County, Arkansas. Texarkana, Miller County, Arkansas. City Planner Eston McGee spoke in regard to the item briefly, stating Richardson Properties 1, LLC (c/o Bryan Rodgers) proposed to rezone two lots at 1416 East 24 th Street from R-2 Single-family Residential to R-3 Low Density Residential. Although this zone also permitted duplexes as a use by right, a larger lot was required than for a single-family dwelling. The existing R-2 zone required each lot to be a minimum of 70-0 wide and contain 8,400 sq. ft. If rezoned, the R-3 zone permitted a minimum lot width of 50-0 containing 6,000 sq. ft. of land. The R-3 zone was typically viewed as a denser residential zone, allowing more dwelling units per acre (smaller lots). Additionally, if rezoned, the applicant had filed a subdivision plat converting the two over-sized single family lots into three lots for single-family dwellings. The rezoning request was opposed by several property owners with traffic/safety concerns about the intersection of Wellington at East 24 th Street, but after conducting the required public hearing the Planning Commission recommended approval of the rezoning by a 4-2 roll call vote (there was one vacancy on the Planning Commission at this time). Mr. Boots Thomas, Vice-Chairperson, made the motion and it was seconded by Ms. Bertha Dunn. The Board action requested was to consider an ordinance rezoning this property from R-2 Single- 9

10 family Residential to R-3 Low Density Residential. Mr. McGee said he would be happy to respond to any questions. Mayor Smith said this property was to be rezoned to allow for three single-family dwellings, instead of two. He asked if there was anything on the property now. Mr. McGee said yes, one dwelling. This was based on aerial photography, one or two years old. Director Johnson said the property was vacant. Bryan Rodgers, 2606 Jefferson Ave., Richardson Properties 1 LLC, confirmed the property was vacant. Mr. McGee said the Mayor was correct. If it was successfully rezoned, it would permit three single-family lots to be created. Mayor Smith asked if it could only be single-family or could it be a duplex. Mr. McGee said right now, these two lots as they exist, had a little over 10,000 square feet of land. If rezoned to R-3, a duplex could be built on each lot, prior to planning and dividing it into three lots. If it was successfully rezoned, the lots were sized right now for a duplex. Mayor Smith asked if the property owner would have to come before the board if they wanted to build a duplex. Mr. McGee said the owners had put forth a good faith effort by filing a replat with the staff. Staff could not review the replat until the zoning was resolved. Mayor Smith asked the square footage of the new homes compared to those of the existing neighborhood. Mr. McGee said the city had no square foot requirement in any zone. It only dealt with the land. The city had no minimum square foot requirement such as typically seen in restrictive covenants. Mayor Smith said there were four individuals who spoke against this rezoning at the Planning Commission meeting. 10

11 Mr. McGee said he had received quite a few s and phone calls in addition to those individuals. Director Davis asked if these dwellings would be like something commonly called patio homes. Mr. McGee said he did not know. Generically, they were described as a single-family dwelling. Our ordinance provided for patio homes, but these have not been declared as such. Director Davis asked if it would be similar to what was on E. 42 nd Street. Mr. McGee said he had not seen the floor plan. He did not know square footage, twostory, or one-story. Bryan Rodgers, 2606 Jefferson Ave., Richardson Properties 1 LLC, said he came before the Planning Commission two years ago with a conscience decision that he was not going to build anymore duplexes unless the lot sized dictated it and it made sense. He said the purpose of the zoning ordinance was to find the best use for the property. With it meeting setback and square foot requirements, it just made sense. He went to the Planning Commission and had some opposition to this. The opposition was drainage, traffic, and visibility. It ran the gambit. He was faced with two lots on a busy street. There was definite need in Texarkana, Arkansas for housing in the price point he could provide. He owned four houses on Wellington that these lots backed up to now. Those were in the $950 - $1,000 rent per month range. He did not think they would be viable to face 24 th Street, because of the traffic. He was trying to lower the price by a couple hundred dollars per month. Density-wise, R-2 zones had 70 foot lots and if his property had 210 feet instead of just 200 feet, this would be a moot point. One of the lots would be 70 foot and the other two would be 65 foot. He did have houses on 37 th Street that were on 50 foot lots with 1,100 square feet and they were fine. They never had a problem and fit the neighborhood well. He said the quality of people that lived there, did not decrease with the price point. He said $700 was not cheap housing. He took care of his properties, and did not build junk. He would not lease to someone who would not take care of the property or be a good neighbor. This was not about trying to develop a slum. A duplex could be built in the R-3 zone. 11

12 To alleviate the duplex discussion, he had the property surveyed, replatted, drawings drafted and delivered to the city. Mayor Smith asked if Mr. Rodgers planned on building duplexes. Mr. Rodgers said no. Mayor Smith asked the approximate size of the proposed single-family dwellings. Mr. Rodgers said about 1,100 square feet. He commented there was not much right-ofway on 24 th Street and to protect the visibility, he gave the city a 10 foot easement to protect the sight line. He would also have enough off street parking to allow residents the opportunity not to have to back out into the street. The houses he was talking about were about 1,000 square feet, two bedrooms and one bath. These were usually rented by a single mom with one car, who could afford to pay $700 per month in rent. Mayor Smith read a statement for Ms. Elizabeth Capeheart, 2318 Jefferson. The statement said she wanted her protest of the rezoning noted, but did not want to speak at tonight s meeting. Martha Allen, 2216 Florida Street, spoke in opposition to the rezoning. She stated she would like to preserve the integrity of the neighborhood. She said two years ago Mr. Rodgers was before the board for approval of five houses to be built on Wellington Street. Now, he wanted to build the fifth house on 24 th Street. He wanted the two lots on 24 th Street rezoned in order to build three houses. She said she was not against houses, but against rezoning. There were enough duplexes in her area. She said Mr. Rodgers could die tomorrow and duplexes could be built. She did not know what the future held. She appreciated the board s consideration. Director Harris asked if Ms. Allen would have a problem with anything other than a duplex. Ms. Allen did not have a problem with single-family housing. Ms. Allen said she did not have a problem with the housing. It was the rezoning she was concerned about and what could be built. Director Harris asked if this rezoning was modified to state no duplexes could be built unless approved by the board, would Ms. Allen still have an issue. 12

13 Ms. Allen said she just wanted to be assured no multi-family dwellings would be built. Ramona Flowers, 1217 E. 24 th Street, spoke in opposition to the rezoning. She said she had lived at her residence for 49 years and she was concerned about the neighborhood. She said she had seen nothing, but her neighborhood go down in value through the years. She was the only one left of the old neighborhood. She owned rental property and had two of those little shotgun brick houses that were going up all over town. There were some near her rental property that were nothing but trash. She said people move in and out of her neighborhood constantly. She said there were so many duplexes and rental properties that her neighborhood was absolutely ruined. Barbara Miller, 2224 Jefferson Avenue, spoke in opposition to the rezoning. She said she was a life-long resident of Texarkana, Arkansas. Two years ago, she and her husband Bill Miller, moved to Earl Jones, Sr. s property on Jefferson Avenue. Her husband s sister and brother-in-law, Betty and Teddy Capeheart purchased Earl Jones, Jr. s property. She had spent a considerable amount of time and money improving this property and adding value to the neighborhood. Please consider preserving the beauty and integrity of this old neighborhood and vote against rezoning it from R-2 to R-3. She said it was a lovely part of town and she wanted it kept the way it had been for many years. It was a showcase. Mayor Smith asked again if there was anyone in the audience that would like to speak For or Against the rezoning. No one came forward. The ordinance was read the first time in its entirety. Director Williams moved the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Jones, and Williams voted aye. Directors Davis, Dowd, and Smith voted nay. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. 13

14 Director Williams then moved that the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Johnson. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. City Clerk Patti Scott Grey interrupted, apologized, and said she needed to stop the ordinance approval process before it continued any further. She explained she was checking the Rules of Order and Procedure Manual to make sure the first vote on the motion to suspend the rules and to place the ordinance on its next reading had indeed passed or carried or if it had failed. Due to the fact suspending the rules takes a two-thirds vote of the entire board for the motion to carry and there were only four votes For, the vote requirement was not met [See the Rules of Order and Procedure Manual-Principle Rules Governing Motions (Chart) {7 (number of entire board) x 2/3 = 14/3 = 4 2/3 or 5}]. Mayor Smith and the other Board Members agreed. He asked if the Board needed to restate their votes. The Board said no, agreed to let the original vote stand, as stated, and the Richardson Properties 1, LLC rezoning ordinance would be on its second reading on the March 19, 2012 Board of Directors meeting agenda. VOTING ORDER: Director Williams commented every time there was a controversial item on the agenda; he was the first to vote. He asked if he would be first to vote at the next meeting. City Clerk Patti Scott Grey stated there were 6 directors and each director voted first for a month, twice a year. He was Director of Ward 3, so he voted first in the months of March and September. So, yes, he would vote first at the March 19, 2012 Board of Directors meeting. Director Dowd said he was not afraid to vote first. Director Williams said he was not afraid either. It just seemed every time he voted first, there was a controversial issue. 14

15 Director Harris asked if there was a way for the rezoning ordinance to be modified to state that only single-family dwellings could be built on the property. Mayor Smith said this was just a rezoning issue. The zone dictated what could be built. He said he would have the city attorney research his question. Mayor Smith said as he understood the law, no stipulations could be made. ORDINANCE NO. M-43: An ordinance was introduced to be entitled, "AN ORDINANCE ACCEPTING ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF TEXARKANA, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF TEXARKANA, ARKANSAS, AND ASSIGNING SAME TO WARDS". Said ordinance annexed land located at 5616 East Street (US71 South). The property was legally described as: All that certain tract or parcel of land being a part of the Northwest Quarter of the Northwest Quarter (NW¼, NW¼ of Section 14, Township 16 South, Range 28 West, Miller County, Arkansas and being more particularly described as follows: COMMENCING at a railroad spike found for corner at the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW ¼, NW ¼, of Section 14, Township 16 South, Range 28 West, Miller County, Arkansas; THENCE South 03º East, feet to a point for corner; THENCE North 88º East, feet along an existing fence line to a ½ inch reinforcing steel rod set for corner; THENCE South 06º East, feet to a ½ inch iron rod; THENCE South 00º East, feet to a ½ inch iron rod set for corner, same being the most westerly southwest corner of a certain acre tract of land owned by Clarence Joles and the Point of Beginning for the herein described tract of land; THENCE North 88º East, feet to a ½ inch iron rod for corner; THENCE South 31º East, feet to a point for corner; THENCE South 89º West, feet to a point for corner; THENCE North 34º West, parallel with US Highway No feet to appoint for corner; THENCE North 00º West, 30 feet to the Point of Beginning and containing 1.97 acres of land, more or less. 15

16 City Planner Eston McGee spoke in regard to the item, stating only half of the property purchased by Mr. and Mrs. Hasley in 2003 was annexed into the city by a previous owner in Mr. Hasley s request was to annex 1.97 acres of property at 5616 East Street (US71 South), which contained their dwelling so that all of his property was located in the city limits. As you know, the shape and size of a voluntary annexation petition was under the control of the petitioner(s) as they satisfied the requirements of 51% of the petitioners being owners of 50% of the land being petitioned for annexation. County Judge Larry Burgess final Annexation Decree was provided for reference. Mr. Hasley was represented by attorney Jerry Rochelle. Mr. McGee said he would be happy to respond to any questions. Jerry Rochelle, attorney for Mr. Hasley, said the annexation was just Mr. Hasley, who was unmarried. He said it was a strange situation seeking property to be annexed north of the existing city limits. It should have been annexed along with the other part of Mr. Hasley s property. All these years, Mr. Hasley thought he was within the city limits. He had city water. The City Limit sign was way south of his property. Mr. Rochelle said Mr. Hasley did not have the occasion to investigate this, but the Arkansas tax folks did and that was basically why he was here. Mr. Hasley was audited for five years, was denied the border city exemption and was assessed approximately $30,000 in taxes. The tax people were willing to give up the interest owed, which brought the assessment down to $23,000. It was still a sizeable chunk of money for something that should not have happened. Mr. Rochelle said no one looked at what was happening to Mr. Hasley when the annexation bisected his property. He complied with Arkansas state law and city ordinances, meeting all that was required. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously. The ordinance was read the first time. Director Williams moved the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith 16

17 voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Williams then moved the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Dowd. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. Director Williams, seconded by Director Johnson, moved to adopt the ordinance. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. ORDINANCE NO. M-44: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286. Said ordinance zones R-1 Rural Residential newly annexed land located at 5616 East Street (US71 South). The property was legally described as: All that certain tract or parcel of land being a part of the Northwest Quarter of the Northwest Quarter (NW¼, NW¼ of Section 14, Township 16 South, Range 28 West, Miller County, Arkansas and being more particularly described as follows: COMMENCING at a railroad spike found for corner at the Northwest corner of the Northwest Quarter of the Northwest Quarter (NW ¼, NW ¼, of Section 14, Township 16 South, Range 28 West, Miller County, Arkansas; THENCE South 03º East, feet to a point for corner; THENCE North 88º East, feet along an existing fence line to a ½ inch reinforcing steel rod set for corner; THENCE South 06º East, feet to a ½ inch iron rod; THENCE South 00º East, feet to a ½ inch iron rod set for corner, same being the most westerly southwest corner of a certain acre tract of land owned by Clarence Joles and the Point of Beginning for the herein described tract of land; THENCE North 88º East, feet to a ½ inch iron rod for corner; 17

18 THENCE South 31º East, feet to a point for corner; THENCE South 89º West, feet to a point for corner; THENCE North 34º West, parallel with US Highway No feet to appoint for corner; THENCE North 00º West, 30 feet to the Point of Beginning and containing 1.97 acres of land, more or less. The Board Members agreed City Planner Eston McGee did not need to reiterate Mr. Hasley s annexation information for this zoning item. Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dowd and carried unanimously. The ordinance was read the first time. Director Williams moved the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Davis. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Williams then moved the rules be further suspended and the ordinance be placed on its third and final reading. The motion was seconded by Director Davis. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. Director Williams, seconded by Director Johnson, moved to adopt the ordinance. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. Director Williams said he had a church out there. Mr. Rochelle said he might be in need of a church. 18

19 RESOLUTION NO. 5877: Resolution No was read in its entirety. Said resolution authorized and directed the City Manager to enter into an agreement with Wommack 6 Corporation for the installation of underground electrical lines on property owned by Wommack 6 Corporation in the Crossroads North Subdivision at a cost not to exceed $145, The City wanted to establish underground electrical lines on property in the Crossroads North Subdivision, some of which was owned by Wommack 6 Corporation. Wommack 6 Corporation agreed to allow the installation of the underground electrical lines on its property. The City would pay for the installation, estimated at $145,000.00, through a contractor mutually approved by both parties. City Manager Harold E. Boldt spoke in regard to the item briefly, stating Crossroads Business Park was composed of approximately 620 acres. Since 2005, the City had been developing roads and other infrastructure on Aven Williamson s property as well as the Wommack property (Wommack 6 Corporation). Most of the infrastructure involved roads and street lighting on both properties. However, the front forty acres of Aven Williamson s property was situated on I-30 and the frontage road. As a result, much of the other infrastructure consisted of underground electrical utilities, which was not present on the Wommack 6 Corporation s property. Currently, two new hotels were going to be built on Wommack property, as well as a multi-story office building complex. Mr. Boldt said he entered into a tentative agreement, subject to Board approval, with the Wommack 6 Corporation, who owned 205 acres or 33% of all the acreage in the business park and he was proposing the Board authorize him to finalize an agreement to allow the City to establish underground electrical utilities, as indicated on Exhibit B, namely an agreement which the city would pay an estimated cost of $145,000. Mr. Boldt said he would be happy to respond to any questions. Assistant Mayor Jones asked if the city had to put this out for bids. Mr. Boldt said the Wommack 6 Corporation had bid it out and the city would reimburse. Director Harris asked what type of benefit the city would receive from doing this. The city was doing a lot of improvement out there and it was increasing someone s property value. 19

20 Mayor Smith said spending $145,000 in Crossroads North Subdivision would make the land more enticing for businesses and developers, which in turn would ultimately bring tax dollars to the City. Director Davis said it was similar to what the city did for Cooper Tire & Rubber Company. The city gave advantages to Cooper Tire to stay here and now it was giving advantages to Mr. Wommack to develop his property. It would create a tax base and it would create jobs. Director Harris said maybe he did not ask his question in the proper format. He said the city was spending money in Crossroads and he wanted to make sure the city was recognized for its contributions. Mayor Smith said he knew for a fact that one of the motels coming into Crossroads was very much aware of the city s willingness to improve the infrastructure. Mr. Boldt said the benefit occurred when the property was sold. He said he and Mr. Haskin met with all the investors in California. Director Dowd said this was more or less an incentive. Mr. Boldt said yes. Director Dowd asked if the city would do the same thing for the next piece of property that was available along the interstate. Mr. Boldt said the city should do it for large tracks of land. Director Dowd said if the city did it for one, it needed to do it for the next one. The city just could not pick and choose. Assistant Mayor Jones said this was a Tax Increment Financing and Redevelopment District (TIF District) project. The city was supposedly saving all the property taxes. He asked if the city had any of the TIF District property taxes built up and could the city use that money to pay for something like this. Mr. Boldt said the city had started collecting some of the TIF District funds. By creating the TIF District, it allowed the city to put in more infrastructure, paths and parks. 20

21 Assistant Mayor Jones asked if the city could use that money to establish this infrastructure. Mr. Boldt said the city could, but he did not know if it had $145,000. Assistant Mayor Jones said the city could make a loan out of the General Fund to the TIF District to be paid back. That way the general fund was not hit. Mr. Boldt said the city had a little bit left from the overall project, money from that front 40 acres. That was what the city would be using. He said there was sewer and water in that area. Mayor Smith said the city helped with the front 40 acres and now it was helping further inside that area. Whenever the opportunity for the city and infrastructure presented itself, it would be brought before the board. Director Dowd said he was not saying he did not like it. He just wanted it fair for everyone. Director Davis said the city was at the point that if someone came and said Ruth, we are putting a great big company out here. Bring your lawn mower and mow this yard. She said she would be out there mowing. Director Williams, seconded by Director Davis, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Dowd, Harris, Johnson, Jones, Williams, and Smith voted aye. The Mayor declared the resolution adopted, as there were seven ayes and no nays. CITIZEN COMMUNICATION TIME: Mayor Smith said he thought everyone that completed a comment or agenda card had an opportunity to speak. He asked if anyone else needed to speak. There being no answer the Mayor moved to the next item on the agenda. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned at 8:05 PM. 21

22 ATTEST: N. Wayne Smith, Mayor Patti Scott Grey, City Clerk 22

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