REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JUNE 3, 2002

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1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JUNE 3, 2002 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 p.m. on June 3, 2002 with the following members present: Mayor Danny Gray, and Directors Kathy Dunphy, Laney Harris, Sue Johnson, Thomas Potter, and Londell Williams. Also present were City Manager Robert W. Wright, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Director Harris arrived at the meeting after the consent agenda. Assistant Mayor Horace Shipp was absent. INVOCATION: The invocation was given by Mayor Gray. CONSENT AGENDA: Mayor Gray announced that a resolution confirming Kenneth Wilson s appointment to the Airport Authority to fill the vacancy created by Jack Bolls resignation would be added to the consent agenda. Director Williams moved to add the item to the agenda. The motion was seconded by Director Johnson and carried unanimously. Director Potter moved to approve the revised consent agenda. The motion was seconded by Director Johnson and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of May 20, minutaes 1

2 RESOLUTION NO. 4799: Resolution No authorizes change order No. 3A to the contract with J. A. Jackson Construction, Inc. for the Beech Street Enhancement project, which makes the following changes to the contract plans and specification: Item No. 1.: Item No. 2.: Item No. 3.: Add 360 Square Feet (SF) of brick street repair including all materials and labor. Delete 80 Square Feet (SF) of removal and replacement of existing brick pavers. Increase time of completion by 63 calendar days due to material delivery delays. The change order increases the total amount of the contract by $3, RESOLUTION NO. 4800: Resolution No authorizes and directs the City Manager to allocate $4,000 in additional funds to the Boys and Girls Club for operation of Inghram pool for RESOLUTION NO. 4801: Resolution No declares the following Police Department vehicle surplus and authorizes its disposition in accordance with Arkansas law: 1986 Chevrolet Van Vin# 1GBEG25H6G RESOLUTION NO. 4802: Resolution No accepts Jack Bolls resignation from the Airport Authority and appoints Kenneth Wilson to fill his unexpired term, said term to expire May 14, REGULAR AGENDA: ORDINANCE NO. L-84: minutaes 2

3 An ordinance was introduced to be entitled, "AN ORDINANCE RENAMING COUNTY ROAD #368 TO GILBROOK LANE". Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter and carried unanimously. The ordinance was read the first time. Director Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Potter. The Clerk called the and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Potter 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 Williams. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Johnson, Potter, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. ORDINANCE NO. L-85: An ordinance was introduced to be entitled, "AN ORDINANCE RENAMING COUNTY ROAD #367 TO THOMASVILLE LANE" minutaes 3

4 Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Potter and carried unanimously. The ordinance was read the first time. Director Potter moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Johnson. The Clerk called the and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. 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 Potter. The Clerk called the roll and the following vote resulted: Directors Dunphy, Harris, Johnson, Potter, Williams and Gray voted aye. The Mayor declared the motion carried, as there were six ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the and Gray voted aye. The Mayor declared the ordinance passed, as there were six ayes and no nays. ORDINANCE NO. L-86: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land located in the block of E. 35 th Street from C-3 Open Display Commercial to R-M Residential Manufactured Home. The property is legally described as: minutaes 4

5 A tract of land in the SE¼, NW¼, Section 16, Township-15-South, Range- 28-West, Texarkana, Miller County, Arkansas (containing acres of land, more or less) and more particularly described as follows: POINT OF BEGINNING: At a set 5/8 rebar for corner in the centerline of East 35 th Street, same being South East, feet from the Southwest corner of the NW¼ of the NW¼ of Section 16, Township-15- South, Range-28-West, Texarkana, Miller County, Arkansas; THENCE: South, West, feet to a set 5/8 rebar for corner in an existing fence line; THENCE: South East, Along an existing fence line, feet to a set 5/8 rebar for corner at an existing fence corner; THENCE: North East, along an existing fence line and its projection, feet to a set 5/8 rebar for corner in the centerline of East 35 th Street; THENCE: North West, with the centerline of East 35 th Street, feet to the POINT OF BEGINNING, containing acres of land, more or less. Public Works Director Carl Conley spoke briefly in regard to rezoning. He stated this item came to the Board on a recommendation from the Planning Commission with a 5-1 roll call vote. He asked if he could respond to any questions. Mayor Gray asked if Mr. Conley was able to find out where the I-49 interchange would be located in that area. Mr. Conley said the projections show I-49 following Loop 245 in this area and the I-30 interchange somewhat to the North, but those early projections do not indicate this property would be affected. Robert Miriani, 3715 E. 35 th Street, stated his concerns about the rezoning. He commented that the road that services the area was substandard and he was concerned about the traffic the mobile home park would generate. He asked that the City do something about the road before the mobile home park was built minutaes 5

6 Sammy Dowdle, 3705 E. 35 th Street, spoke briefly about his concerns about flooding in the area, children that might be in the area due to the mobile home park, and crime in general with regard to the plans for rezoned property. Al Wilhelm, 3410 Dogwood, asked what was on the property now. Mayor Gray stated it was currently vacant, an open field. Mr. Wilhelm stated he would hate to see 62 trailers on 12 acres of property. Jerry A. Rochelle, representing Oak Creek Investment Properties, Inc., stated the entity proposing this project was a corporation in which Jimmy Hickey and Richard Smith are President and Secretary/Treasurer respectively. Mr. Rochelle commented they were requesting a more restrictive zoning classification, changing the zoning from C-3 Open Display Commercial zone to RM Residential Manufactured Home. He briefly spoke about the plans the corporation had to build a mobile home park on the property. Mr. Rochelle also stated the city staff and city Planning and Zoning Commission have already approved and recommended both the final subdivision plat and the rezoning request. He stated the purpose for the rezoning request was to establish an upscale mobile home park within the city limits of Texarkana, Arkansas. The project has taken three years of planning on the part of Mr. Hickey and Mr. Smith. He asked that if anyone had questions about the details of the park Mr. Hickey and Mr. Smith were in the audience and would answer any questions. Director Johnson asked Mr. Conley if the R-M zoning stated a minimum size requirement for trailers. Mr. Conley said he did not believe there was a minimum size requirement. He said the ordinance, as it exists, allows 25% of the park to be recreational type vehicles. Mrs. Johnson also asked if the proposed easement would take care of the periodic flooding that has been taking place. Mr. Conley stated he has asked the minutaes 6

7 developing engineer to give him calculations to determine how wide a ditch would be needed at the location, but he had not received that information yet. Mrs. Johnson also stated her concerns about the street servicing the proposed project. Director Potter asked if the mobile home park would be in compliance with all the other ordinances and codes for mobile homes. Jimmy Hickey, Jr. and Richard Smith, President and Secretary/Treasurer of Oak Creek Investment Properties, Inc., stated the park would be in compliance with all aspects for mobile homes within the city limits. Mr. Potter also asked about security for the park. Mr. Hickey and Mr. Smith briefly addressed various questions and concerns. Director Williams voiced his concerns for area citizens in regard to the road and one property owner s request for a fence. Mr. Williams asked for some kind of relief from the City. Mayor Gray said the city staff would research both situations and try to find solutions, although the fence issue may be more difficult to resolve. Director Potter moved to have the ordinance read in abbreviated form. The motion was seconded by Director Williams and carried unanimously. The ordinance was read the first time. Director Potter moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Williams. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Williams and Gray voted aye. Director Dunphy voted nay. The Mayor declared the motion carried, as there were five ayes and one nay. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Director Potter 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 Williams. The minutaes 7

8 Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Potter, Williams and Gray voted aye. Director Dunphy voted nay. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion. The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the and Gray voted aye, with Directors Johnson and Williams noting there was a shortage of affordable housing in Texarkana, and they hoped the developers and the city follow through with their plans for the project. Directors Dunphy and Harris voted nay. The Mayor declared the ordinance passed, as there were four ayes and two nays. CITIZEN COMMUNICATION TIME: Jerry A. Rochelle, Jimmy Hickey, Jr., and Richard Smith thanked the Board. Jay Gleason, 2016 Beech and owner of Union Supply Grocery, asked about the city s plans for the civic center. Mayor Gray stated the A & P Commission s position, after researching the situation, was that this was not the time to build a new facility, but that we would have to utilize facilities already in existence. Mr. Gleason also requested planters along Broad Street from Walnut to Hazel Streets. He asked the Board to help his friend, Jackie Hervey of 47½ Bismark Street with a problem with his business located at 424 East Street. He stated the water utility requires a 1,000-gallon grease trap for his small business and he thought that seemed excessive. The Mayor asked the city staff to look into the matter and try to provide some kind of solution. Al Wilhelm, 3410 Dogwood, stated the city has ordinances, but he asked who enforced them. Mayor Gray stated the city has 48 square miles to cover with only two code enforcement officers. Mr. Gray stated the code enforcement officers handle the most minutaes 8

9 severe code violations first, then work on the others as time allows. Mr. Wilhelm also requested the mobile home park developers provide a copy of their proposed plan for area residents to view. OTHER BUSINESS: Director Williams spoke briefly in regard to solicitation on public right-of-ways, more specifically at State Line Avenue and Arkansas Boulevard. City Manager Robert Wright and Public Works Director Carl Conley reviewed city code on solicitation. JULY 5 TH CLOSING CITY OFFICES: Director Johnson moved to close city offices July 5, The motion was seconded by Director Williams and carried unanimously. Director Dunphy requested a Genoa Road street sign at Genoa Road and Loop 245. ADJOURNMENT: There being no further business to come before the Board, on motion duly made, seconded, and unanimously carried, the meeting adjourned. ATTEST: Danny Gray, Mayor Patti Scott Grey, City Clerk minutaes 9

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