RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS SEPTEMBER 7, 2004

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1 RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS SEPTEMBER 7, 2004 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in rescheduled regular session at 7:00 PM on September 7, 2004 with the following members present: Mayor Horace G. Shipp, Assistant Mayor Thomas Potter, and Directors Kathy Dunphy, Sue Johnson, Frank Poff, and Londell Williams. Also present were City Manager Charles Nickerson, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. Director Laney Harris was absent. INVOCATION: The invocation was given by Assistant Mayor Potter. MAYOR S SPOTLIGHT AWARD PRESENTATION: Mayor Shipp spoke briefly about the Mayor s, Home of the Month and Business of the Month Spotlight Awards. He commented that David and Debbie Haak could not attend tonight s meeting and he would present their Home of the Month award at a later date. The Mayor read the proclamation which declared the home of David and Debbie Haak, located at 9 Wood Place, as Home of the Month for September 2004 in recognition of their work and dedication to making their home and our community a more attractive and better place to live. Mayor Shipp then asked Mil-Way Federal Credit Union Chief Executive Officer Allen Brown to come forward as he read the proclamation for Business of the Month. The proclamation declared Mil-Way Federal Credit Union, located at 2000 Arkansas Boulevard, as Business of the Month for September 2004 in recognition of their work and dedication to minutes.doc 1

2 making their business location and our community a more attractive and better place to live. Mr. Brown accepted the award and thanked the Mayor and Board of Directors. CITY EMPLOYEE SERVICE AWARD: Mayor Shipp commented that he would be presenting awards to four City Employees tonight, two Texarkana, Arkansas City Hall employees and two Texarkana Water Utilities employees. He asked Mark Aaron, Hortense Foster, and David Fowler to come forward. Mayor Shipp said Fire Engineer Alton Endsley was unable to attend tonight s meeting and he would make sure he received his award and pin for 15 years of service with the Fire Department. Then the Mayor presented each one of the remaining recipients with a City of Texarkana, Arkansas, Employee Service Award and a Texarkana, Arkansas City pin. The awards recognized Mark Aaron for 20 years of service with the Texarkana Water Utilities; Hortense Foster for 5 years of service with the Police Department; and David Fowler for 25 years of service with Texarkana Water Utilities. Each one of the recipients present accepted the honor and thanked Mayor Shipp, the Board of Directors, and City Manager Charles Nickerson. COOPERATIVE EFFORTS BETWEEN THE CITY AND CHAMBER BY CHAMBER OF COMMERCE VICE PRESIDENT OF ECONOMIC DEVELOPMENT LINDA CRAWFORD: Chamber of Commerce Vice President of Economic Development Linda Crawford reviewed a PowerPoint presentation, summarizing the City and Chamber of Commerce s cooperative efforts over the past three years. CONSENT AGENDA: Assistant Mayor Potter moved to approve the consent agenda. The motion was seconded by Director Poff. Director Williams asked that item 6E on the consent agenda be removed for further discussion. Mayor Shipp asked if Directors Potter and Poff would withdraw their motion. Each said they would minutes.doc 2

3 Mayor Shipp announced that a resolution, authorizing the City Manager to purchase a used 1999 Chevrolet pick-up truck from Blackburn s Supercenter, Texarkana, Texas for the Police Department, would be removed from the consent agenda at the request of Director Williams. Director Williams moved to remove the item from the consent agenda. The motion was seconded by Assistant Mayor Potter and carried unanimously. Director Poff 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 August 16, RESOLUTION NO. 5105: Resolution No grants permission to Stacy McLean for a neighborhood block party from 5:00 PM until 8:00 PM on Saturday, September 18, RESOLUTION NO. 5106: Resolution No grants permission to Lisa Ann Rank Teer for an outside wedding reception/celebration from 6:30 PM until 10:30 PM on Saturday, October 2, 2004 at # 19 Colonial Drive. RESOLUTION NO. 5107: Resolution No makes appointments to the Bureau of Justice Assistance Block Grant Advisory Board. The Board is authorized to review the application for funding and to make non-binding recommendations for the use of funds received through the BJA program. RESOLUTION NO. 5108: Resolution No authorizes change order No. 1 to the contract with J. R. Pope Company, Inc. for the E. 10 th Street at Couch Street Drainage Improvements Project (10 th Street and Couch Street to California Street Project and the Couch Street and Arkansas Street at 12 th Street Drainage Improvements minutes.doc 3

4 Item No. 1.: Item No. 2.: Item No. 3.: Item No. 4.: Item No. 5.: Item No. 6.: Item No. 7.: Item No. 8.: Item No. 9.: Item No. 10.: Item No. 11.: Delete 63 L.F. 36 Reinforced Concrete Pipe including excavation and backfill for the deduct amount of $83.00/L.F. Deduct 45 L.F. 24 Reinforced Concrete Pipe Arch including excavation and backfill for the deduct amount of $83.00/L.F. Deduct 36 L.F. 18 Reinforced Concrete Pipe including excavation and backfill for the deduct amount of $46.00/L.F. Add 50 L.F. 36 High Density Polyethylene Pipe including excavation and backfill for the unit price of $46.00/L.F. Deduct Two (2) EA. Reinforced Concrete Headwall Structure for the deduct amount of $2,000.00/EA. Add Two (2) EA. Lower Water Line in conflict with storm drain pipe for the unit price of $2,500.00/EA. Add Two (2) EA. Construct 4 x 4 Reinforced Concrete Conflict Box for the unit price of $3,300.00/ EA. Add 76 L.F. 15 Reinforced Concrete Pipe including excavation and backfill for the unit price of $45,00/L.F. Add 34 L.F. 12 Reinforced Concrete Pipe including excavation and backfill for the unit price of $44.00/L.F. Add 40 L.F. 24 Reinforced Concrete Pipe (Arch) (Material only) for the unit price of $46.25/L.F. Add 36 L.F. 18 Reinforced Concrete Pipe (Material only) for the unit price of $17.75/L.F. The change order increases the total amount of the contract by $6,685. RESOLUTION NO. 5109: Resolution No accepts the low bid submitted by Barnwell Industries, Inc. of Queen City, Texas for Contract A (WRD ), the Mandeville and Union Water Distribution System Improvements Project, at a cost not to exceed $2,425,813.50, contingent upon approval by the Arkansas Soil and Water Conservation Commission. RESOLUTION NO. 5110: minutes.doc 4

5 Resolution No accepts the low bid submitted by Advance Tank and Construction, Inc. of Pell City, Alabama for Contract B (WRD ), the Mandeville and Union Water Distribution System Improvements Tennessee Road Pump Station and 400,000 Gallon Steel Ground Storage Tank Project, at a cost not to exceed $650,677, contingent upon approval by the Arkansas Soil and Water Conservation Commission. RESOLUTION NO. 5111: Resolution No authorizes change order No. 1 to the contract with CBC Construction of Texarkana, Arkansas for the construction of the Arkansas Tourist Information Center force main and pump stations project. Item No. 1.: Add one (1) 30 KW Emergency Generator Item No. 2.: Add one (1) 9 6 Standard Manhole Item No. 2.: Delete Gravel Bedding ( to ) The change order increases the total amount of the contract by $22, RESOLUTION NO. 5112: Resolution No sets the date for a public hearing to receive comments regarding a petition to abandon the dedicated, unimproved 16-0 alley in Block 2, EAST NINTH STREET HEIGHTS ADDITION, Texarkana, Miller County, Arkansas. The alley is located in the 2600 block of E. 9 th Street between Des Moines and Lincoln Streets. (Cummings) REGULAR AGENDA: RESOLUTION NO. 5113: Resolution No was read in its entirety. Said resolution authorizing the City Manager to purchase a used 1999 Chevrolet pick-up truck from Blackburn s Supercenter, Texarkana, Texas for the Police Department. Mayor Shipp said this item was removed from the consent agenda by Director Williams for further discussion. Director Williams said he did not have a problem with the City Manager being authorized to purchase a pick-up for the Police Department, but his minutes.doc 5

6 concern was that the pickup being purchased was a 1999 used pick-up. Director Williams asked if it was possible to purchase a new pick-up for the Police Department. City Manager Charles Nickerson reviewed the item, stating the Police Department recently sold two high mileage pick-up trucks and is now requesting approval to purchase a used replacement truck. The Police Department would like to purchase a truck for transporting evidence, equipment, supplies and other logistical tasks. The request went out for bids and Blackburn Used Cars submitted the low bid on a 1999 Chevrolet pick-up truck for $11, Mr. Nickerson commented that the Police Department made this recommendation with the City s budget in mind and he felt, at this time, this was the appropriate purchase. Director Poff inquired about Director Williams absence at the recent Board Retreat held August 20 th and 21 st. Director Poff, seconded by Director Williams, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Dunphy, Johnson, Poff, Potter, Williams and Shipp voted aye. The Mayor declared the resolution adopted, as there were six ayes and no nays. PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding a resolution, authorizing Public Works Director Carl Conley to issue a manufactured home permit. The Mayor asked Mr. Larry Baker to come forward and briefly explain his situation. Larry Baker, 6936 Turk Road, said a single-wide manufactured home previously occupied the site where he would like to place his new double wide manufactured home. He commented that several manufactured homes were in close proximately to where he intended on placing the new home on his property. Mr. Baker respectfully asked the board to authorize the Director of Public Works to issue a manufactured home permit minutes.doc 6

7 The Mayor asked Public Works Director Carl Conley to come forward and review the matter. Mr. Conley said Resolution No placed a moratorium on the issuance of building permits for manufactured homes. According to Mr. Baker, a single-wide manufactured home previously occupied this site and there are several single-wide manufactured homes in the vicinity. He came to the permit office after the moratorium was adopted. Resolution 5086 has an appeal process and Mr. Baker appealed the decision to not issue the permit. Mayor Shipp asked for comments or questions from the Board or the audience. No one came forward; therefore the Mayor declared the public meeting closed. RESOLUTION NO. 5114: Resolution No was read in its entirety. Said resolution authorizes and directs the Director of Public Works to issue Larry Baker a manufactured home permit for 6936 Turk Road. Director Williams, seconded by Director Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Dunphy, Johnson, Poff, and Williams voted aye; Directors Potter and Shipp voted nay. The Mayor declared the resolution adopted, as there were four ayes and two nays. PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding a resolution, authorizing Public Works Director Carl Conley to issue a manufactured home permit. The Mayor asked Mr. F. Wayne Donnelly, General Manager of Palm Harbor Homes and Representative for Mr. and Mrs. Leslie, 1613 Smith Road, to come forward and briefly explain the situation. Mr. Donnell spoke in regard to the reliability, safety, and construction of the manufactured home Mr. and Mrs. Leslie are in the process of purchasing, contingent upon the Board approval of their permit. Mayor Shipp said the Board was not challenging his minutes.doc 7

8 company s research on manufactured homes. The moratorium was enacted so that the City would have time to develop adequate regulations governing manufactured homes and mobile homes and resolve some of the conflicts the City codes have with State of Arkansas Act 624 of Mayor Shipp asked David and/or Marcell Leslie to come forward and briefly discuss their personal situation. Mr. Leslie said he and his wife purchased the 8-acre tract of land about 7 years ago before the property was annexed into the City. He commented that they had originally planned to place a small, single-wide manufactured home on the property as a temporary residence for their autistic adult son, their teenage son and them, until they were financially prepared to construct a new residence on the property. Then they would occupy the new residence and their adult autistic son would occupy the single-wide manufactured home. After taking the necessary steps to subdivide the property, they arranged for construction financing. Due to the fact that the area is predominantly HUD code manufactured homes, comparable sales in the area would not adequately support the valuation required in order to build the home they wanted and needed. They had to find a more affordable solution. As a result, they have found Palm Harbor manufactured homes and would like to place a manufactured home on the property, which is a more affordable alternative to building. In conclusion, Mr. Leslie noted that several things had happened since they originally purchased the property that got them to this point, but he respectfully asked the board to authorize the Director of Public Works to issue a manufactured home permit. The Mayor asked Public Works Director Carl Conley to come forward and review the matter. Mr. Conley said Resolution No placed a moratorium on the issuance of building permits for manufactured homes. The Leslie s were in the process of subdividing the tract of land they own and to move their single-wide to one of the lots so they could build a new home when the moratorium was adopted. The subdivision plat was approved minutes.doc 8

9 administratively by Planning Commission staff on July 28, They have now found out that the financial institution they were working with for the new home loan will not approve the loan in the amount they need and are seeking alternative housing, as they explained. Board members asked several questions of Mr. Leslie and Mr. Conley. Mayor Shipp asked for any additional comments or questions from the Board or the audience. No one came forward; therefore the Mayor declared the public meeting closed. RESOLUTION NO. 5115: Resolution No was read in its entirety. Said resolution authorizes and directs the Director of Public Works to issue David and Marcell Leslie a manufactured home permit for 1613 Smith Road. Director Poff, seconded by Director Williams, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Dunphy, Johnson, Poff, Potter, Williams and Shipp voted aye. The Mayor declared the resolution adopted, as there were six ayes and no nays. KATHLEEN M. COLEMAN REZONING APPEAL: PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding the Planning Commission s denial to rezone a tract of land legally described as a part (116 X 150 ) of the SW¼, SW¼, Section 17, Township-15-South, Range-28-West, Texarkana, Miller County, Arkansas (containing 0.4 acres of land, more or less) from R-2 Single-family Residential to C-1 General Commercial Rezoning. The property is located at 2406 Jefferson Avenue. City Planner Eston McGee spoke briefly in regard to the rezoning appeal. Kathleen Coleman proposes to purchase the single-family residence at 2406 Jefferson Avenue that is adjacent to the Rehkopf s Grocery Store at the NE corner of Jefferson Avenue and E. 24 th Street. Mrs. Coleman has requested the property be rezoned from R-2 to C-1 for a florist shop with a proprietor s dwelling unit. The proprietor s dwelling unit is a use by right for the minutes.doc 9

10 owner or manager but can take up no more that 50% of the structure. The C-1 General Commercial zone is the most restrictive commercial that allows the florist shop as a use by right. Basically, this rezoning expands the existing C-1 commercial zone that currently exists. The City s 1988 Long Range Comprehensive Development Plan recommends the property be zoned C-1 General Commercial. The Planning Commission recommended denial of the rezoning by a 5-0 roll call vote (two commissioners were absent). The Planning Commission was concerned about other permitted uses allowed by the C-1 zone for this 0.4 acres tract of land (116 X 150 ) that might impact the surrounding residential neighborhoods. Sole access to the property would be from Jefferson Avenue. An opaque screening fence would be required between residential and commercial zoning if the rezoning was approved. Two people asked questions during the public hearing and one person opposed the rezoning fearing the sight might one day be used as a liquor store. The City notified thirty-five (35) adjacent property owners within three hundred feet (300 ) as required by ordinance. Mr. McGee noted that Mrs. Coleman is attempting to move her business from Texarkana, Texas to Texarkana, Arkansas. Mr. McGee asked if he could respond to any questions. Assistant Mayor Potter asked if the City s 1988 Long Range Comprehensive Development Plan recommended the property be zoned C-1 General Commercial, why did the Planning Commission recommend denial of the rezoning. Mr. McGee stated again that the Planning Commission was concerned about other permitted uses allowed by the C-1 zone for this 0.4 acres tract of land (116 X 150 ) that might impact the surrounding residential neighborhoods. The Planning staff notified thirty-five (35) adjacent property owners and two people asked questions during the public hearing. One person opposed the rezoning fearing the sight might one day be used as a liquor store. Director Poff asked to clarify the situation. He said the opposition was the C-1 rezoning and the possible future impact to the surrounding residential neighborhoods if some of other business, such as a liquor store, was at the location. The area residents were not minutes.doc 10

11 opposed to a florist shop. Mr. McGee said that was his understanding. He spoke briefly in regard to the Planned Unit Development (PUD) provision in our code that could be modified to accommodate such situation. After some discussion, Mr. Nickerson suggested amending our zoning ordinance. After questions from Directors in regard to the Planning Commission discussions and the citizens concerns during the item s presentation, the Mayor asked Kathleen M. Coleman, owner of the property at 2406 Jefferson Avenue to come forward. Ms. Coleman, 108 MacArthur Street, Texarkana, TX, stated she did currently reside on the Texas-side, but she wanted to relocate her business and home to the Arkansas-side. She commented that she would like the property at 2406 Jefferson Avenue to be rezoned from R-2 Single-family Residential to C-1 General Retail for a florist shop and a proprietor s dwelling unit. Ms. Coleman commented that she hoped to be at this location for many years and any help the Board would provide would be greatly appreciated. Harold West, 2702 Jefferson, said he had a petition that was circulated through the neighborhood. The residents signed the petition in opposition to the rezoning of the 2406 Jefferson Avenue property. He commented that the residents were concerned with the C-1 zoning that it could allow the property at some later date to open a liquor store, car wash or other business which would be inappropriate for their neighborhood. No one else came forward; therefore the Mayor declared the public meeting closed. REZONING APPEAL: Mayor Shipp asked the Board to consider either passing the ordinance provided to reverse the Planning Commission s recommendation, which denies the property rezoning, or consider making a motion to table the item along with some direction to resolve the situation. Director Dunphy made a motion to table the rezoning item and to send it back to the Planning Commission and Planning staff for further discussion/review of the rezoning and possible amendments to the City Code in regard to the Planned Unit Development (PUD) minutes.doc 11

12 provisions outlined in our code, which could be modified to accommodate such situations better. The Clerk called the roll and the following vote resulted: Directors Dunphy, Johnson, Poff, Potter, Williams and Shipp voted aye voted aye. The Mayor declared the motion passed, as there were six ayes and no nays. PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding the use of Local Law Enforcement Block Grant funds for the Police Department. The Mayor asked Police Chief Bob Harrison to speak briefly in regard to this item. Chief Harrison stated that the Police Department had received award notification for the FY2004 Local Law Enforcement Block Grant (LLEBG) from the Bureau of Justice Administration. The federal amount would be $17,123 with a local match of $1,903. The money would be used to provide law enforcement related equipment and technology. He commented that the grant would expire September 30, 2006 and this would be the seventh year the Police Department received the annual grant award from this program. This money would be used to provide support for law enforcement related equipment and technology. The Chief said the public hearing was conducted each year to receive citizen input either orally or in writing concerning the use of that year s Local Law Enforcement Block Grant funds by the Police Department. Raleigh Hill, 1405 Hancock, said he would like to see the Police Department receive better pay, bulletproof vests, and new police vehicles. Mayor Shipp thanked Mr. Hill for his input. No one else came forward; therefore the Mayor declared the public meeting closed. PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding the Community Development Block Grant (CDBG) funding minutes.doc 12

13 The Mayor said public hearings are required by the Department of Housing and Urban Development in formulating a budget strategy for Community Development Block Grant funds. This is the final meeting to obtain citizen input, allow for public discussion, and to inform all who are interested of available funding for programs that meet the requirements. This hearing will be used in formulating a budget for anticipated funds estimated at $378,000 for 2005 Community Development. He asked if anyone had comments. Director Williams asked that the C.D.B.G. funds be allocated by wards. He, specifically, requested a list of funds to be allocated to his ward, Ward 3. He also asked that some funds be allocated to Inghram Pool. No one else came forward; therefore the Mayor declared the public meeting closed. 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 minutes.doc 13