RESCHEDULED MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JULY 5, 2006 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in rescheduled regular session at 6:00 PM on July 5, 2006 with the following members present: Mayor Horace G. Shipp, and Directors Shirley Bradley, Chad Dowd, Kathy Dunphy, and Weldon Johnson. Also present were City Manager Charles Nickerson, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Assistant Mayor Londell Williams and Director Sue Johnson were absent. INVOCATION: The invocation was given by Mayor Shipp. CONSENT AGENDA: Director W. Johnson moved to approve the consent agenda. The motion was seconded by Director Dunphy and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the regular meeting of June 19 and the called meeting of June 21, 2006. RESOLUTION NO. 5323: Resolution No. 5323 resets the date for a public hearing to receive comments regarding a petition to abandon the dedicated, unimproved Mimosa Drive Right-of-Way 0minutes.doc 1
between Lot 1, Block 3; Lot 1, Block 4; and Lot 17, Block 1; all of ZEPHYRWOOD ADDITION, Texarkana, Miller County, Arkansas. The street right-of-ways are located on part of the dedicated, unimproved Mimosa Drive Right-of-Way in the 4200 block of Garland Avenue. (Jack Mills and Thomas Garner (c/o Donnie Sealy, Arkansas Real Estate Development & Investments)). RESOLUTION NO. 5324: Resolution No. 5324 authorizes and directs the City Manager to enter into a contract with the Arkansas Historic Preservation Program (AHPP) for Phase II of the City Hall/AMA roof renovation project (HPRG Grant No. 07-HPRG12), which is a matching grant in the amount of $90,000.00 awarded on June 2, 2006. The City must expend $45,000.00 as a cash match. The total cost of the project is $135,000.00; RESOLUTION NO. 5325: Resolution No. 5325 sets the date for a public hearing to receive comments regarding the establishment of the North Texarkana Redevelopment District No. 1 of the City of Texarkana, Arkansas. RESOLUTION NO. 5326: Resolution No. 5326 expresses the support of the City of Texarkana for the Hempstead County location for the proposed construction of an AEP/SWEPCO Electrical Power Plant. REGULAR AGENDA: ORDINANCE NO. L-257: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING CHAPTER 9-7 OF ORDINANCE K-629; FOR DECLARING AN EMERGENCY; AND 0minutes.doc 2
FOR OTHER PURPOSES". Said ordinance amends Chapter 9, Sec. 9-7. Sale, discharge of fireworks Texarkana Code of Ordinances to read as follows: It shall be unlawful for any person to display for retail sale, offer for retail sale, sell at retail or give away or discharge any fireworks of any kind or character whatsoever within the limits of this city. Provided, fireworks may be sold wholesale to merchants and stores outside the city limits. It is further provided that public fireworks displays be allowed upon approval by the Fire Marshal. City Manager Charles Nickerson explained amending this ordinance would take the Board out of the loop and delegate the responsibility of authorizing on approval of fireworks displays to the fire marshal. Mayor Shipp state this meant a case by case recommendation by the Fire Marshal, based on burn conditions and neighborhood safety. Fire Chief Bobby Honea also spoke in regard to the item, stating K-629 Section 9-7 of the code of ordinances allows public fireworks display with the recommendation of the fire marshal and authorization from the city board. Arkansas State law requires a permit for any public fireworks display. It has to be signed by the local fire authority and law enforcement. We usually have one to two public displays per year. In the past, these people have waited too close to the date to get proper approval for their display. He has requested that the last sentence in section 9-7 be changed to read as follows: It is further provided that public fireworks displays be allowed upon approval by the fire marshal. The city manager asked that the fire department bring this action before the Board adding that the City Manager felt the fire department could handle authorization on a case by case basis. Mr. Nickerson explained that at times a business owner needed authorization between board meetings causing further delays. With the amending of the ordinance, it would allow the fire marshal to give approval without bringing it to the board. 0minutes.doc 3
Director Dunphy asked Chief Honea if there were any disagreements would the issue come before the Board. Chief Honea said yes, in that case it would. Director Dowd moved to have the ordinance read in abbreviated form. The motion was seconded by Director W. Johnson and carried unanimously. The ordinance was read the first time. Mayor Shipp moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director W. Johnson. The Clerk called the Shipp voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Mayor Shipp 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 Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, W. Johnson, and Shipp voted aye. 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 Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. ORDINANCE NO. L-258: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land located at 3003 East 0minutes.doc 4
43 rd Street was R-2 Single-Family Residential, and requesting that the tract be rezoned R-3 Low Density Residential, the same being more specifically described as follows: Lot 5, Block 8, CELESTIAL HEIGHTS ADDITION, Texarkana, Miller County, Arkansas. City Planner Eston McGee spoke briefly in regard to the item, stating Lynda Harris was seeking to rezone her property at 3003 E. 43 rd Street from R-2 Single-Family Residential to R-3 Low Density Residential for a non-resident child care family home. Child care family homes (day care center) were not a permitted land use in the existing R-2 Single-Family Residential zone; therefore, she was seeking to rezone her property to R-3 Low Density Residential. The property consists of a single lot and a single-family dwelling. The property was adequately served by the existing transportation network and municipal water and sanitary sewer service. Additionally, the Planning Commission conditionally approved her conditional use permit and site plan which is a requirement for all child care family homes in the R-3 zone. Therefore, if the rezoning is approved, she will be able to commence operating her child care family home. The City notified thirtyfour (34) adjacent property owners within three hundred feet (300 ). The rezoning was unopposed at the public conducted by the Planning Commission on June 13, 2006. The Board action requested would be to consider an ordinance rezoning the property from R-2 Single-Family Residential to R-3 Low Density Residential. He asked if he could respond to questions. Mayor Shipp asked if 3104 East 43 rd Street was Ms. Harris s residence and asked if 3103 was the property in question of rezoning. Mr. McGee replied yes. Lynda Harris said she wanted to rezone to remove the daycare from her home and into rental property they owned. 0minutes.doc 5
Director Dowd moved to have the ordinance read in abbreviated form. The motion was seconded by Director W. Johnson and carried unanimously. The ordinance was read the first time. Mayor Shipp moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director W. Johnson. The Clerk called the Shipp voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Mayor Shipp 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 Dunphy. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, W. Johnson, and Shipp voted aye. 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 Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. ORDINANCE NO. L-259: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land located at 1021 East 24 th Street was R-3 Low Density Residential, and requesting that the tract be rezoned O-1 Office & Quiet Business, the same being more specifically described as follows: 0minutes.doc 6
Part of the Southeast Quarter of the Southeast Quarter (SE¼, SE¼) of Section Eighteen (18), Township Fifteen (15) South, Range Twenty-Eight (28) West, Miller County, Arkansas, and being more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of said Section 18; THENCE West 697 feet to the POINT OF BEGINNING; THENCE North 182 feet; THENCE West 128 feet; THENCE South 182 feet; THENCE East 128 feet to the POINT OF BEGINNING, containing approximately 0.535 acres of land, more or less). City Planner Eston McGee spoke briefly in regard to the item, stating about fifteen years ago, Mr. and Mrs. Smith successfully rezoned the adjacent property from R-3 to O-1 for their commercial day care center at 2400 Grand Avenue. The Smith s have purchased the property East of and adjacent to their day care center and propose a parking lot, driveway, and play areas for the existing day care center. The Planning Commission conducted the required public hearing on June 13, 2006. Few if any, conflicts are anticipated with existing, adjacent land uses which are primarily residential. The O-1 Office & Quiet Business commercial zone is the City s most restrictive commercial zone. The City notified thirty-four (34) adjacent property owners within three-hundred feet (300 ) and the request is unopposed. The Planning Commission unanimously recommends approval of the R-3 to O-1 rezoning request by a 6-0 roll call vote (one commissioner was absent). The Board action requested would be to consider an ordinance rezoning the property from R-3 Low Density Residential to O-1 Office & Quiet Business for a parking lot, driveway, and outdoor play areas for the existing, adjacent child care center at 2400 Grand Avenue. He asked if he could respond to questions. 0minutes.doc 7
Mayor Shipp said he believed this was a good idea, it would decrease traffic backup on 24 th Street, and improve safety hazards. Director W. Johnson 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. Mayor Shipp moved that 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 Bradley, Dowd, Dunphy, W. Johnson, and Shipp voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Mayor Shipp 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 Dunphy. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, W. Johnson, and Shipp voted aye. 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 Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. ORDINANCE NO. L-260: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land located at 4418 0minutes.doc 8
Charleston Street was C-3 Open Display Commercial, and requesting that the tract be rezoned R-2 Single-Family Residential, the same being more specifically described as follows: The N 147 of Lot 20, Block A, COLLVILLE ADDITION, Texarkana, Miller County, Arkansas. City Planner Eston McGee spoke briefly in regard to the item, stating Mr. and Mrs. Demery own property on Charleston Street that is zoned C-3 Open Display Commercial. Charleston Street was a dead-end street and was classified as a local street and only serve the residences on it. In the late 1980 s, the City prepared and adopted a rezoning plan along Loop #245 to plan for the anticipated commercial growth and development along this important major arterial highway. The property was zoned C-3 along Loop #245 at an arbitrary depth that corresponded to the Stormsfield Subdivisions maintaining all commercial traffic on the Loop #245 frontage road. This depth is approximately 500 which is considered by some to be deep. The Demery s property was zoned commercial by this rezoning plan. There are two other homes on the East side of Charleston Street adjacent to the Demery property and are classified as non-conforming land uses by virtue of the rezoning plan. They are allowed to remain, but may not be enlarged or expanded. The Demery s request would rezone their lot to R-2 Single-Family Residential which would permit construction of their proposed home. Few, if any, conflicts with existing land uses which are primarily residential are anticipated. The property is adequately served by the existing municipal water and sanitary sewer service and transportation network. The Board action requested would be to consider adopting an ordinance rezoning the property from C-3 Open Display Commercial to R-2 Single-Family Residential to 0minutes.doc 9
permit construction of a single-family dwelling at 4418 Charleston Street. He asked if he could respond to questions. Mayor Shipp asked if the lot was one hundred twenty feet in depth. Mr. McGee responded yes, that would make it consistent with the other residential lots. Director W. Johnson 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. Mayor Shipp moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Bradley. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, W. Johnson, and Shipp voted aye. The Mayor declared the motion carried, as there were five ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Mayor Shipp 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 Dunphy. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, W. Johnson, and Shipp voted aye. 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 Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. 0minutes.doc 10
CITIZEN COMMUNICATION TIME: Mayor Shipp asked if anyone in the audience had questions or comments for the board. No one came forward; and the Mayor asked if any of the Board Members had questions or comments. There being no response 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. ATTEST: Horace G. Shipp, Mayor Patti Scott Grey, City Clerk 0minutes.doc 11