REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS SEPTEMBER 17, 2012

Transcription

1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS SEPTEMBER 17, 2012 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 6:30 PM on September 17, 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 and Laney J. Harris. Also present were City Manager Harold E. Boldt, City Prosecutor Thomas A. Potter, and City Clerk Patti Scott Grey. Directors Chad Dowd, Sue Johnson, Londell Williams and City Attorney Ned Stewart were absent. 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 briefly reviewed the board meeting procedures and pointed out the Agenda Item Cards, 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 1

2 meeting to complete one of the cards and turn it in to the City Clerk. He said this would help run an organized meeting and allowed the Clerk to have the necessary information for the meeting minutes. He stated any citizen may comment on any item on the agenda and express their desires, but would be limited to five minutes. Four States Fair Association: Mayor Smith said the 2012 Four States Fair and Rodeo would be held September 14 th September 23 rd. There was a new Mid-way Carnival company this year. He encouraged everyone to go out and enjoy the fair this week. The weather was nice right now. Director Davis asked Mayor Smith if he knew the Texas-side City Council did not receive an invitation or free passes to the fair and rodeo. Mayor Smith said he would contact someone. Director Davis said someone called today. She said the Texas-side did not receive tickets last year either. Advertising and Promotion (A & P) Commission: Mayor Smith announced the A & P Commission would meet here in the board room, tomorrow, September 18, 2012 at 5:00 PM. The purpose of the meeting was to hear presentations from organizations requesting A & P funds for the 2013 allocations. The goal was to notify all organizations of the A & P allocations they would be receiving for 2013, by mid- October or early November. The Texarkana, Arkansas Board of Directors and the public were welcome to attend the meeting. Crossroads Business Park: Mayor Smith said Wednesday, September 19, 2012 at 11:00 AM, at the Crossroads Business Park, the city would have the ground breaking ceremony for Holiday Springs Water Park. This park would be monumental for the Texarkana region. This was something the City had talked about, since the hotel/convention center ground breaking. It was now becoming a 2

3 reality. The City was looking forward to having the Holiday Springs Water Park open summer He invited everyone to attend the ground breaking ceremony. The Villas of Texarkana: Mayor Smith said The Villas of Texarkana, located at 2711 Preston Street, were open. On Saturday, September 22, 2012, from 11:00 AM until 3:00 PM, the Villas would have an open house. City of Texarkana, Arkansas Capital Improvements and Refunding Limited Tax General Obligation Bonds, Series 2012 Bond Closing September 25, 2012: Mayor Smith said he and City Manager Harold E. Boldt would be at the closing for the 2012 Street Improvement Bond Initiative. He invited the board members to attend. CONSENT AGENDA: Assistant Mayor Jones, seconded by Director Davis, moved to approve the consent agenda. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the motion carried, as there were four ayes and no nays. The items approved by consent were: MINUTES: The minutes approved were of the rescheduled regular meeting of September 4, RESOLUTION NO. 5928: Resolution No grants permission to the Susan G. Komen Breast Cancer Foundation to have the 2012 Race for the Cure on Saturday, October 20, 2012, 6:00 AM until 1:00 PM. RESOLUTION NO. 5929: Resolution No authorizes the Texarkana Veterans Council to have the annual Veterans Day Parade on Saturday, November 10, 2012, from 11:00 AM until 12 noon. RESOLUTION NO. 5930: Resolution No authorizes St. Edward s Church to have the Feast of Our Lady of Guadalupe procession on Sunday, December 9, 2012, from 4:00 AM until 5:00 AM. 3

4 RESOLUTION NO. 5931: Resolution No granted permission to Partnership for the Pathway to have their Run the Line half marathon on Sunday, February 17, 2013, 7:30 AM to 1:00 PM. RESOLUTION NO. 5932: Resolution No names the play area at the Texarkana Animal Care and Adoption Center The Betty Feir and Mike Richardson Adoption Park. REGULAR AGENDA: WALTER STREET REUNION: The Walter Street Reunion resolution was read in its entirety. Said resolution would grant permission to Angela Johnson to host the Walter Street Reunion and barricade Walter Street between Couch Street and Arkansas Street, on Saturday, September 22, 2012 from 3:00 PM until 10:00 PM and on Sunday, September 23, 2012 from 3:00 PM until 10:00 PM. Public Works Director Paul D. Hackleman said the application originally requested closing the street for three days and the Fire Department first made its comments, regarding that request. The applicant planned to have a family reunion for the entire weekend. It was not an ideal situation to close streets for so long. The city had parks in the area with facilities to rent; the Vera Bradford Community Center was nearby and it could be rented for the event. He said there were other alternatives, other than closing a city street for a family reunion, but that was the general gist of what the family wanted to do. He said he would be happy to answer any questions the board may have. Mayor Smith said it was the Walter Street Reunion, more for the individuals residing on Walter Street, not just one family s reunion. Mr. Hackleman said this application was turned in twice. The first time it was turned in, the application indicated a family reunion. The second time, the application stated it was for the Walter Street Reunion. He said he did not personally speak to the applicant, his staff did, but he believed the request was for a family reunion. 4

5 Director Davis said in her packet it was listed as a family reunion. Mr. Hackleman said the city needed to develop a city policy with guidelines of what it would and would not allow for a street closure. Hopkins Icehouse had benefits/fundraisers at their 3 rd Street location that may warrant closing the street, but to close a street for a family reunion when there were other, less expensive options, such as renting a park pavilion, did not warrant closing the street. This family would like to have the reunion close to their home and with all the neighbors signing off; they would probably join the event too. He said he believed the concerns were, no matter what you do when you close a street, tables and people may be hanging out in the street. If the fire department removed the barricades to get the fire truck in, there would be unknown obstacles it would have to overcome to get to the fire or help someone who had a heart attack. Fire Chief Bobby Honea said he and the fire department were certainly not against reunions or family gatherings. The big issue was closing a street. If there was a fire or an emergency in the area, at best the street would be chaotic; getting the area secure and the equipment into the area. He said to close a street for seven hours for two consecutive days, seemed a little excessive. If there was an emergency, his concern was life safety to public citizens and trying to get the fire equipment in. He was afraid it would delay the fire department s response. Mayor Smith said Walter Street would be blocked between Couch Street and Arkansas Street. Chief Honea said he believed there were ten residents on that street. Mayor Smith said looking at the application, nine residents signed off, two houses were empty, and the person who lives at 2010 Walter Street, agreed with everything, but could not sign paper, because she was a preacher. Chief Honea again said he was not against family gatherings, but he thought it was excessive to close a street for that length of time when there were other options available. 5

6 Mayor Smith asked if this issue was ever presented to the board before tonight. Chief Honea said there had been street closures for reunions on Dudley Street and Fox Street, but not for this length of time. Director Davis said before she was on the board, there was a street closure for a reunion on Ida Street, which was heavily traveled. Mayor Smith asked what the other options for this event were. Chief Honea said it was suggested by the police department, to have the event at the neighborhood community center. The reunion could also be held at the park. Mr. Hackleman said the Iron Mountain Community Center, which was leased to the Jameson Center of Kindness, had facilities for rent. Also the Vera Bradford Community Center had facilities to rent. Sandflat Community Center could have been approached too. Mayor Smith said there was a fee for barricades. Mr. Hackleman said yes. The applicant paid the fee for the barricades. Those fees could be applied to a park facility or community center too. Director Davis said she knew of family reunions being held in the parks. Mr. Hackleman said the city had a pavilion at Bobby F. Ferguson Park, and one under construction. The city had a concession area/bathroom area at Bramble Park with new playground equipment. Mayor Smith asked if the city did this in the past. Mr. Hackleman said the city closed streets for reunions in the past. Mayor Smith said he believed it was the whole street, because the homeowners signed off on it. Mr. Hackleman said the homeowners signed off on being notified of the event and that their driveway would be blocked during the event. Mr. Boldt said he turned this application down out right. He did not know how it even got on the agenda. 6

7 Mr. Hackleman said it was resubmitted under a different name. Mr. Boldt said he was out of town at that time. Mayor Smith said he would say no to shutting streets down for that extended period of time. There were other alternatives, such as city parks and community center facilities. Assistant Mayor Jones asked if Hobo Jungle Park was available. Director Davis said yes. Assistant Mayor Jones said some of the parks were free and did not have to be rented. Mr. Hackleman said as long as the pavilion at Bobby F. Ferguson Park was not reserved, it was available to whoever wanted to use it. Chief Honea said he wanted to add one more thing. He said this type of event had become more popular over the last few years with one family reunion and then another and another. It was getting out of hand. Mayor Smith asked if there were any additional comments from the board or audience. Director Harris asked Chief Honea how many hours he would agree to have a street be blocked or did Chief Honea not want any streets blocked at all. He asked if Chief Honea would be in agreement, if the street was blocked for only two hours. Chief Honea said preferably, he would not want the streets blocked at all. He said not for seven hours, three to five would be more reasonable. Mayor Smith said blocking the street could be a safety concern for the police department. Police Chief Bob Harrison said three consecutive days was quite excessive; maybe one night for four hours. He said it was not a good idea, but the police department was not adamantly opposed. The proposed resolution failed for lack of a motion. Mr. Hackleman said the fees would be returned to the applicant. Mayor Smith instructed Public Works Director Paul Hackleman and City Manager Harold E. Boldt to develop a City Policy and Guidelines for closing streets. 7

8 Director Davis said downtown churches had the ice cream supper and asked to close the streets for two or three hours, between First Presbyterian and Beech Street. There were no homes in the area, and the churches never asked for more than a couple of hours to close the street. Mayor Smith asked the City Manager to bring a recommendation for the City Policy and Guidelines back to the Board. Director Davis said there would be no alcohol consumption at the church ice cream socials. PUBLIC HEARING: Mayor Smith opened a public hearing to allow citizen input regarding a petition to abandon utility and drainage easements, within the Holiday Springs Subdivision Revised. City Planner Eston McGee spoke briefly in regard to a petition to abandon utility and drainage easements, within the Holiday Springs Subdivision Revised, stating a part of an existing dedicated alley right-of-way and utility/drainage easement were located between property owned by the City and Dr. Hiren D. Patel in the general vicinity of the proposed Holiday Springs Water Park, convention center/hotel, and municipal parking lots. Although no construction was proposed over the alley right-of-way and utility easement, the alley right-of-way needed to be abandoned so the two lots abut each other and previously executed access agreements were viable. Mayor Smith said it was his understanding the Planning Commission approved this item. Mr. McGee said yes. The vote was 4-0. Mr. McGee said he would be happy to answer any questions. Mayor Smith asked if anyone in the audience or board members had questions or comments concerning this item. No one else came forward; therefore the Mayor declared the public meeting closed. 8

9 HOLIDAY SPRINGS SUBDIVISION REVISED ABANDONEMENT (DR. HIREN D. PATEL): An ordinance was introduced to be entitled, "AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF PART OF THE DEDICATED, UNIMPROVED 25-0 ALLEY AND PART OF THE 15'-0" UTILITY AND DRAINAGE EASEMENT BETWEEN LOTS 8 AND 9, HOLIDAY SPRINGS SUBDIVISION REVISED 2012R (FORMERLY LOTS 2 AND 4, HOLIDAY SPRINGS SUBDIVISION 2012R007979), RETAINING A 25-0 UTILITY AND DRAINAGE EASEMENT; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance would vacate and abandon the following utility and drainage easements: 1. 25'-0' Alley Right-of-Way - The alley is legally described as the West feet of the dedicated 25'-0" alley between Lots 8 and 9, HOLIDAY SPRINGS SUBDIVISION REVISED 2012R (formerly Lots 2 and 4, HOLIDAY SPRINGS SUBDIVISION 2012R007979), Texarkana, Miller County, Arkansas; and 2. 10'-0" Utility Easement within dedicated 25'-0" alley ROW - The West feet of the dedicated 10-0" utility easement within and adjacent to the north side of the West feet of the dedicated, unimproved 25'-0" alley ROW; and 3. 25'-0" Utility & Drainage Easement within dedicated alley ROW - The West feet of the dedicated 25-0" utility and drainage easement lying within the West feet of the dedicated, unimproved 25'-0" alley ROW; and 4. 15'-0" Utility & Drainage Easement adjacent to and north of dedicated alley ROW - The West feet of the dedicated 15'-0" utility and drainage easement located on the South side of Lot 9, HOLIDAY SPRINGS SUBDIVISION REVISED 2012R (formerly Lots 2 and 4, HOLIDAY SPRINGS SUBDIVISION 2012R007979); and Assistant Mayor Jones moved to have the ordinance read in abbreviated form. The motion was seconded by Director Davis. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the motion passed, as there were only four ayes. 9

10 The ordinance was read the first time. Assistant Mayor Jones moved the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Harris. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the motion failed, as there were only four ayes. The City Clerk explained suspending the rules required a 2/3 vote, which would be five votes in the affirmation. Mayor Smith said the ordinance would be on its second reading at the next regularly scheduled Board of Directors meeting, October 1, RESOLUTION NO. 5933: Resolution No was read in its entirety. Said resolution authorizes and directs the City Manager to convey all of Lot 7 of the Holiday Springs Revised Subdivision to Dr. Hiren D. Patel Holiday Springs Water Park LLC for the Holiday Springs Water Park for the purpose of drainage and placing a water park structure on the property. City Manager Harold E. Boldt said Lots 5 and 6 were dedicated to the city at no cost, for drainage purposes. The original plan was to put a water structure over Lot 5 and using Lots 6 and 7 for drainage. The problem was the soil was so bad. Now, the plan was to have Lots 5 and 6 and part of Lot 7 for drainage purposes. The land on the northern part of Lot 7 was better for a water structure, but it would create other issues if the city owned it such as being liable. The best way to proceed was to convey that particular lot, which was donated at no cost to the city. No money paid for Lots 5, 6, or 7. This would allow Dr. Patel to position another structure worth approximately $1 million on that property. Mayor Smith asked if anyone in the audience or board members had questions or comments concerning this item. Director Harris, seconded by Assistant Mayor Jones, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the resolution adopted, as there were four ayes and no nays. 10

11 MICHAEL ROGERS APPEAL HEARING: Michael Rogers, agent, 3310 Jack Cullen Drive said during the Planning Commission meeting, he stated the tract of land was pretty small and it had residents right next to it. The property did not hold any real commercial and the land was between residential and commercial property. A single-family dwelling would not be a good use for the property. He said Mr. McGee and his staff recommended approval. He did not understand why it did not pass. Mayor Smith asked if this land was located near the County Market. Mr. Rogers said yes, sir. It was a small narrow lot that went all the way back to the County Market. Director Davis asked what size duplex Mr. Rogers was proposing. Mr. Rogers said about 2200 square feet, 1100 square feet each side. He had several duplexes on the Arkansas-side already. Director Davis asked Mr. Rogers to give a comparable example of what he was proposing. Mr. Rogers said there were several on Parish Circle. He said he and wife manage the rental property. Mayor Smith asked if anyone in the audience or board members had questions or comments, concerning this item. An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land legally described as a part of the E½, SE¼, Section 7, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas (containing acres of land, more or less) from C-1 General Commercial to R-3 Low Density Residential, in order to construct a duplex. The property is located in the 1100 block of East 42nd Street, the same being more specifically described as follows: A tract of land in the E½, SE¼, Section 7, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas and being more particularly described as follows: 11

12 COMMENCING at an iron pipe in the West right of way line of Jefferson Avenue, same being feet West and feet North of the Southeast corner of said Section 7, Township-15-South, Range-28-West; THENCE West, Feet to the POINT OF BEGINNING of this tract herein described; THENCE West, feet; THENCE North 00º 33' 50" East, feet to a point in East 42nd Street; THENCE East feet to a point; THENCE South 00º 33' 50", feet to the POINT OF BEGINNING and containing acres of land, more or less. Assistant Mayor Jones moved to have the ordinance read in abbreviated form. The motion was seconded by Director Harris. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the motion passed, as there were only four ayes. The ordinance was read the first time. Mayor Smith said the ordinance would be on its second reading at the next regularly scheduled Board of Directors meeting, October 1, TAX RATE LEVY: An ordinance was introduced to be entitled, "AN ORDINANCE LEVYING THE 2012 TAX RATES AND FOR OTHER PURPOSES". Said ordinance levies the following rate of taxation for the year 2012: (a) For defraying the general expenses of the City known as taxes for general purposes, 5 mills on the dollar. (b) For creating a fund to be used for the maintenance of a public library, 1 mill on the dollar. (c) For creating a fund to be used for the payment of Firemen pensions, 1 mill on the dollar. (d) For creating a fund to be used for the payment of Policemen pensions, 1 mill on the dollar. (e) For creating a sinking fund to retire bonds issued for the purpose of acquiring and constructing capital improvements and to refund the 2000 general obligation bonds, 2.5 mills on the dollar. Finance Director Jessica Hyman said there were no rate changes for

13 Mayor Smith said the city would not be raising taxes. He said to make sure the Texarkana Gazette newspaper reported that correctly. Director Harris asked if the county bond was paid next month, would it have any effect on taxes, one way or another. Ms. Hyman said no. The tax rate would remain the same. Assistant Mayor Jones said the individual taxes would go down. Ms. Hyman asked Director Harris if he was talking about sales tax or property tax. Director Harris said he did not know. Mayor Smith said the county one would be maturing for the jail. Ms. Hyman said yes. It would decrease a quarter of a percent, beginning October 1 st. Mayor Smith asked if any of the Board Members or audience had question regarding the item. Assistant Mayor Jones moved to have the ordinance read in abbreviated form. The motion was seconded by Director Davis. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the motion passed, as there were only four ayes. The ordinance was read the first time. Mayor Smith said the ordinance would be on its second reading at the next regularly scheduled Board of Directors meeting, October 1, CITIZEN COMMUNICATION TIME: Mayor Smith spoke briefly about National Night Out to be held on October 2, He said the event would be held with the participation of the Chief of Police and Fire Chief. EXECUTIVE SESSION: The Mayor announced that the Board would go into executive session. MEETING RECONVENED: The meeting was reconvened by the Mayor following the executive session. 13

14 RESOLUTION NO. 5934: Resolution No was read in its entirety. Said resolution made the following appointments /reappointments to various boards and commissions: Advertising and Promotion Commission Milton Shannon (Nicholas Vasseghy s unexpired term) Housing Authority George Matteson (Gene Harrelson s unexpired term) 03/21/ /29/ Assistant Mayor Jones, seconded by Director Davis, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Davis, Harris, Jones, and Smith voted aye. The Mayor declared the resolution adopted, as there were four ayes and no nays. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned at 7:45 PM. 14