REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS APRIL 21, 2003

Transcription

1 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS APRIL 21, 2003 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00 p.m. on April 21, 2003 with the following members present: Mayor Horace G. Shipp and Directors Laney Harris, Sue Johnson, Frank Poff, and Londell Williams. Also present were City Manager Robert W. Wright, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Assistant Mayor Thomas Potter and Director Kathy Dunphy were absent. INVOCATION: The invocation was given by Director Johnson. COMMUNITY DEVELOPMENT WEEK PROCLAMATION: Mayor Shipp read a proclamation declaring April 21-27, 2003, Texarkana, USA Community Development Week. CONSENT AGENDA: Director Johnson moved to approve the consent agenda. The motion was seconded by Director Poff and carried unanimously. The items approved by consent were: MINUTES: The minutes approved were of the rescheduled regular meeting of April 7, RESOLUTION NO. 4903: mintues.doc 1

2 Resolution No grants permission to Jimmy Barrios with Spanish B. Network Systems for their 3 rd annual Cinco de Mayo Parade and 4th annual Celebration on Saturday, May 3 rd, 11:00 a.m. until Sunday, May 4 th, 12:30 a.m. The Resolution further grants Mr. Barrios permission to have a proclamation reading at 3:00 p.m. on May 5 th at the Bi-State State Justice Building with a celebration to follow at Sue & Bobby Dowd Broad Street pocket park. RESOLUTION NO. 4904: Resolution No endorses the participation of Tri State Iron and Metal Company in the Advantage Arkansas Program (also known as the Arkansas Enterprise Zone Program Act 947 of 1993 as amended) for benefits from the refunds/tax credits as provided in the program, and further authorizes the Arkansas Department of Finance and Administration to refund local sales and use taxes. RESOLUTION NO. 4905: Resolution No endorses the participation of Project , in the TaxBack Program (The consolidated Incentive Act of 2003, Section (d)) previously known as the Advantage Arkansas Program and Arkansas Enterprise Zone Program Act 947 of 1993 as amended, for benefits from the refunds/tax credits as provided in the program, and further authorizes the Arkansas Department of Finance and Administration to refund local sales and use taxes. RESOLUTION NO. 4906: Resolution No approves the revised 2003 Community Development Block Grant (C.D.B.G.) budget. RESOLUTION NO. 4907: mintues.doc 2

3 Resolution No authorizes submission of an application for the 2003 Narcotics Grant, which has federal funding available through the Edward Byrne State and Local Law Enforcement Assistance and Formula Grant. The Bi-State Narcotics Violent Crime and Fugitive Task Force is a joint operation between Texarkana, Arkansas Police Department, the Texarkana, Texas Police Department and the Bowie County District Attorney's Office. The federal share of the total budget is $205,209, and the local match will be $88,467 with $10,000 being offset by program income. RESOLUTION NO. 4908: Local Grant Match 78,467 Program Income 10,000 Total $ 88,467 Resolution No authorizes the City Manager to execute an agreement with Murray, Thomas, and Griffin, Inc. for engineering services in connection with the firing range being built on South Stateline Water Utilities property for the Police Department. RESOLUTION NO. 4909: Resolution No declares the following Police Department vehicles surplus and authorizes their disposition in accordance with Arkansas law: 1993 Ford Crown Victoria 2FACP71W3PX City Inventory #: Chev Lumina 2G1WL52M4T City Inventory #: 4818 RESOLUTION NO. 4910: Resolution No approves the Texarkana Regional Arts & Humanities Council, Inc. (TRAHC) request to conduct the second Jump, Jive and Jam Fest s Stomp on State Line on Saturday, April 26, 2003, and grants the exclusive use of certain downtown rights-of-way in accordance with the request mintues.doc 3

4 REGULAR AGENDA: RESOLUTION NO. 4911: Resolution No was read in its entirety. Said resolution condemns the following substandard structures: ADDRESS LEGAL DESCRIPTION OWNER 1703 Ash Lot 5 Block 4 Martin & Fish Addition 1509 Delaware Lot 3 Block 5 Orr s 2 nd Addition 1511 Delaware Lot 4 & W 27 of lot 5 Orr s 2 nd Addition 2202 Delaware Lot 6 Block 8 Cuckler s Addition 605 Des Moines Lot 14 Block 4 Springer Addition 1112 Garden Lot 4 Block 8 Fronhoff s Addition 1423 Hancock Lot 1 Block 6 Iron Mountain Addition Dwain Davis/Dan Crowder Rt.1 Box 2500 Fouke, AR Callie Leake c/o Beatrice Green 1509 Delaware Texarkana, AR Vergie Leake/Brown 2109 Grand Texarkana, AR D.W. & Jerlene Walker C/o O. Muhamnad 5564 Turnbridge Wells Lithonia, GA Emma Burton 2708 Preston Street Texarkana, AR Lorraine Ross 1112 Garden Texarkana, AR Sara Hill C/o Howard Hill 1409 Ray Texarkana, AR mintues.doc 4

5 1600 N. Oats (Property N of 1514 Oats) S 132 of Lot 1 N 152 of lot 3 Block 1 One Acre Home Addition James Campbell 1592 NE 151 Terrace North Miami Beach, FL Old Post Road W1/6 NE NW NW Sec. 22 T15 R Roosevelt Lot 10 Block 1 Iron Mountain Addition Rosa Roberts 142 W 64 th St. Los Angeles, CA Earnest Hill & B. Blake 5821 Cervantese Ave. San Diego, CA Director Williams, seconded by Director Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Poff, Williams and Shipp voted aye. The Mayor declared the resolution adopted, as there were five ayes and no nays. BED & BREAKFAST INNS ORDINANCE (TABLED): An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ARTICLE III, SECTIONS 28-21, 28-22, ARTICLE VI, SECTION 28-80, AND ARTICLE XI, SECTION , CHAPTER 28 CODE OF ORDINANCES BY IMPLEMENTING REGULATIONS GOVERNING THE LOCATION, SIGNAGE, AND OPERATION OF BED & BREAKFAST INNS WITHIN THE RESIDENTIAL AND COMMERCIAL ZONES; AND ADOPTING CERTAIN DEFINITIONS". Said ordinance revises certain sections of the Code governing B & B Inn standards. Bethany Hanna, 600 Pecan Street (Garrison McLain House), spoke briefly about her concerns in regard to the Bed & Breakfast Inns ordinance. She commented on the differences in the R-4 and O-1 versus the C-1, C-2, C-3 zones mintues.doc 5

6 Elizabeth Anne Winger, 600 Hickory Street, commented on the differences in Class A and Class B Bed & Breakfast designations. She also spoke about her concerns for large historic homes that would be left vulnerable by commercial zoning. Trent Hanna, 600 Pecan Street (Garrison McLain House), spoke about his concerns in regard to differences in Class A and Class B of the Bed & Breakfast ordinance and how each would comply with the city s noise ordinance. He also commented that properties now in residential and quiet business zones would be zoned commercial, eliminating many historical buildings for more commercial activities. Planning Commission Chairman Adger Smith, 308 Meadows Road, commented that the Planning Commission conducted three (3) monthly workshops at their regular January, February, and March 2003 meetings. Once the proposed ordinance was sent back to the Planning Commission, the staff developed a mailing list of twenty-nine (29) people that had expressed an interest in being a part of the amendment process. They were notified in advance of each monthly workshop and the public hearing and encouraged to attend the meetings to ask questions, support the proposed amendments, or to oppose the proposed amendments. He also commented that a group of residents spoke in opposition to the proposed Bed & Breakfast Inns regulations. He stated that it was the consensus of some residents that property owners would not want to create a Class A bed & breakfast inn in a large old home in a residential zone when the ordinance also provides the opportunity for a property owner to develop a Class B commercial bed & breakfast inn in a large historic home in one of the City s commercial zones. The opposition said that by creating the Class B bed and breakfast inn in commercial zones, these large historic homes would be vulnerable to the wrecking ball for more intense commercial land uses/rezonings. The opposition commented that bed and breakfast inns should only be mintues.doc 6

7 allowed in residential zones. The Planning Commission recommended approval of the Bed & Breakfast Inns regulations by a 5-0 roll call vote (two commissioners were absent at the PC meeting), but he did not whole-heartedly support the ordinance for some of the same reasons as some of the area residents. Planning Commission Member Eddie Gamble, 20 Preston Circle, commented on how hard Mr. McGee, his staff, the Planning and Zoning Commission, and area residents had worked on developing this ordinance. Director Harris moved to have the ordinance tabled. The motion was seconded by Director Johnson. Mayor Shipp asked that the board clarify for the City Planner and Planning Commission any changes required. Director Poff stated he had concerns with the commercial zoning, the A & B designations, and certain aspects of the provisions for alcohol use. Director Johnson stated she also had concerns about the commercial zoning, disparities in the A and B designations, the use of alcohol, and noise issues. City Manager Robert Wright stated the item could be tabled or sent back to the Planning Department and the P & Z Commission with changes in those issues in mind. Director Poff stated that Director Harris had made a motion to have the ordinance tabled, but the board did not vote on it. After discussion, Director Poff made a motion to send the ordinance back to the Planning Commission for revisions. He asked that the Planning Department and P & Z Commission use the comments noted by this board, namely the commercial zoning issues, the disparities in Class A and B, and certain alcohol provisions, to review and rework the ordinance. The second motion was seconded by Director Johnson. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Poff, Williams and Shipp voted aye. The Mayor declared the motion mintues.doc 7

8 carried, as there were five ayes and no nays. The ordinance was sent back to the Planning Commission for revisions. ORDINANCE NO. L-129: An ordinance was introduced to be entitled, "AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE AUTHORITY OF ACT NO. 9 OF 1960, AS AMENDED, FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN THE CITY; AUTHORIZING THE EXECUTION AND DELIVERY OF BOND PURCHASE AGREEMENTS PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT BETWEEN THE CITY, AS LESSOR, AND PRECISION ROLL GRINDERS, INC., AS LESSEE; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFER AND SALE OF THE SERIES 2003A BONDS (AS DEFINED BELOW); AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS RELATING TO THE ISSUANCE OF THE BONDS AND PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY". Director Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Harris and carried unanimously. The ordinance was read the first time. Attorney Gordon M. Wilbourn with Kutak Rock LLP, Little Rock, Arkansas, stated he was serving as bond counsel in connection with the issuance of Industrial Development Revenue Bonds. He briefly reviewed the item and asked if anyone had questions mintues.doc 8

9 Director Williams moved that 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 Harris, Johnson, Poff, Williams 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. 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 Harris. The Clerk called the roll and the following vote resulted: Directors Harris, Johnson, Poff, Williams 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 roll and the following vote resulted: Directors Harris, Johnson, Poff, Williams and Shipp voted aye. The Mayor declared the ordinance passed, as there were five ayes and no nays. The Mayor then called for a vote on the emergency clause and the following vote resulted: Directors Harris, Johnson, Poff, Williams and Shipp voted aye. The Mayor declared the ordinance, as well as the emergency clause passed. OTHER BUSINESS: Director Poff thanked City Planner Eston McGee and all the members of the Planning Commission for all their hard work on the Bed & Breakfast Inns Ordinance. Mayor Shipp commented that the entire board would like to thank Mr. McGee, his staff, the Planning and Zoning Commission, and the citizens that were also involved in mintues.doc 9

10 the development of the B & B Ordinance. The Mayor said he was pleased to see Director Williams at tonight s meeting. Director Williams thanked everyone for their thoughts and prayers with his wife s recent illness. He commented that his wife did have cancer, but was now in full remission. 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 mintues.doc 10