RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JANUARY 18, 2005

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1 RESCHEDULED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS JANUARY 18, 2005 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in rescheduled regular session at 7:00 PM on January 18, 2005 with the following members present: Mayor Horace G. Shipp, Assistant Mayor Londell Williams, and Directors Shirley Bradley, Chad Dowd, Kathy Dunphy, Sue Johnson, and Weldon Johnson. Also present were City Manager Charles Nickerson, City Attorney Ned Stewart, and City Clerk Patti Scott Grey. INVOCATION: The invocation was given by Assistant Mayor Williams. 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. APPOINTMENT OF WARD 4 DIRECTOR CHAD DOWD: Assistant Mayor Williams, seconded by Director W. Johnson, moved to appoint Mr. Chad Dowd to the Ward 4 position, replacing former Ward 4 Director Thomas Potter (Mr. Potter submitted his letter of resignation January 4, 2005). The Clerk called the roll and the following vote resulted: Directors Bradley, Dunphy, S. Johnson, W. Johnson, Williams and Shipp voted aye. The Mayor declared the motion adopted, as there were six ayes and no nays minutes.doc 1

2 OATH OF OFFICE: District Court Judge Wren Autrey administered the oath of office to Director Chad Dowd. Mayor Shipp asked Director Chad Dowd to join the other Board members. He thanked Mr. Dowd for accepting the appointment and read a brief biography of his accomplishments. Mr. Dowd thanked the Mayor and Board Members. CONSENT AGENDA: Director S. 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 January 3, RESOLUTION NO. 5161: Resolution No authorizes the Depository Board to execute 2004 depository agreements with BANCORPSOUTH Bank, Century Bank, Commercial National Bank, and Regions Bank. RESOLUTION NO. 5162: Resolution No approves the revisions to the 2005 Community Development Block Grant (C.D.B.G.). RESOLUTION NO. 5163: Resolution No approves the Edgenics Learning Institute, Inc., of Texarkana, Arkansas proposal to provide tutoring programs for elementary and secondary students at the City s neighborhood centers. RESOLUTION NO. 5164: minutes.doc 2

3 Resolution No gives the Community Development Department the authority to oversee the local neighborhood centers in the City of Texarkana, Arkansas. RESOLUTION NO. 5165: Resolution No approves an extension of the current 10 Year Deferred Retirement Option Plan (DROP) under Act 1372 of 2003, allowing members of the old Police Pension & Relief Fund (PPRF of Texarkana) to continue employment after completion of the 10 Year DROP. REGULAR AGENDA: ORDINANCE NO. L-204: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. L-155 (2004 BUDGET) AND ADOPTING THE 2005 BUDGET FOR THE CITY OF TEXARKANA, ARKANSAS; APPROPRIATING MONEY FOR THOSE FUNDS; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director S. Johnson and carried unanimously. The ordinance was read the first time. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director S. Johnson. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor 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 S minutes.doc 3

4 Johnson. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven 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 Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. PUBLIC HEARING: Mayor Shipp opened a public hearing to receive comments regarding a petition to abandon the real property (sidewalks and parking spaces) abutting Lots 7-11, Block 56 and Lots 1-18, Block, 68, ORIGINAL CITY OF TEXARKANA, Miller County, Arkansas. The street right-of-ways are located on both sides of the 600 block of East 3 rd Street, the West side of the 200 block of Ash Street, and the East side of the 200 block of Laurel Street. (Family Service Agency (c/o Charles Deville, Executive Director)) City Planner Eston McGee spoke briefly in regard to the item, stating the Family Service Agency purchased and is now converting the old Buhrman Pharr Hardware buildings into loft apartments. Family Service Agency petitioned the City to abandon the right-of-way (ROW) that is adjacent to the existing buildings and across East 3rd Street. This ROW contains the sidewalks and parking that served the patrons and employees of the hardware business. East 3rd Street would not be affected by this abandonment request. The five utility companies were contacted by on December 2, 2004 and the comments from TWU, CenterPoint Energy, Valor Telecom, & CableONE are listed as follows. They were asked to minutes.doc 4

5 respond in writing by December 13th, otherwise, we would assume they concur with the ROW abandonments and make no request for utility easements. TWU - 1) The Utility has an existing six inch (6") water main in the East ROW of Laurel Street; 2) The Utility has an existing eight inch (8") sanitary sewer main in the East ROW of Laurel Street and an existing six inch (6") sanitary sewer main in the North ROW of East 3rd Street; 3) The Utility opposes the abandonment of any of the street ROW's; and 4) If the street ROW's are abandoned, the Utility would like to retain dedicated utility Right-of- Ways as opposed to easements where there are existing water and sanitary sewer mains. The Utility requests that these ROW's be a minimum of sixteen feet (16') in width. (Letters dated & ) CENTERPOINT ENERGY 1) CenterPoint Energy has no objections to the abandonment of the sidewalks and parking spaces on the West side of the building along the East side of the 200 block of Laurel Street. We have a two inch (2") main on the West side of the 200 block of Laurel and will need to have an easement for it; 2) On the East side of the building in the 200 block of Ash, we have a two inch (2") main on the West side of the street and will need an easement for it; and 3) On the North side of the building along the North and South sides of the 600 block of e. 3rd Street, we have no objections to the abandonment of the ROW. (Letters dated & ) VALOR TELECOM Valor Telecom has a major conduit and manhole running East/West along the North side of E. 3rd Street in the existing sidewalk/parking spaces, and about the middle of the block a conduit from this run South across E. 3rd Street to the North side of the existing Buhrman Pharr Building. This will be the route we will serve the new development." ( s dated & ) minutes.doc 5

6 CABLEONE CableONE requests an easement, either for a pole line or underground plant, to existing the entire length of the East side of the property on Ash Street. A power easement does exist at present and we are currently attached to the power poles. (Letters dated & ) AEP Concerning the topic ROW abandonment, Primary and secondary lines exist on the East side of Ash Street, North through E. 3rd Street. We require this easement. Additional AEP secondary lines exist crossing from West to the East side of Laurel mid-block between E. 3rd and Broad Street, extending to Broad Street and South to serve lighting. We require this easement. Another secondary lighting circuit exists on the East side of Laurel Street from E. 3rd to E. 4th Street. We require this easement. There are no existing lines between Laurel Street and Ash Street along E. 3rd Street. ( dated ) The Board action requested is as follows: 1) On Tuesday, January 18, 2005 conduct the public hearing; and 2) Consider adopting an ordinance abandoning the requested East 3rd, Ash, and Laurel Street right-of-ways retaining utility easements for existing facilities as follows: 1. Retention of a utility easement along the East side of Laurel Street ROW from Broad Street to East 3 rd Street (the full length & width of the ROW to be abandoned); 2. Retention of a utility easement along the North side of the East 3 rd Street ROW from Laurel Street to Ash Street (the full length & width of the ROW to be abandoned); 3. Retention of a utility easement along the West side of the Ash Street ROW from Broad Street to East 3 rd Street (the full length & width of the ROW to be abandoned); 4. Retention of a utility easement along the South side of the East 3 rd Street ROW between Laurel Street and Ash Street (the full length & width of the ROW to be abandoned); 5. Retention of a utility easement along the East side of the Laurel Street ROW from East 3 rd Street to the dedicated alley in Block No. 56, Original Town of Texarkana, Miller County, Arkansas (the full length & width of the ROW to be abandoned) minutes.doc 6

7 Mr. McGee asked if he could respond to questions. No one else came forward; therefore the Mayor declared the public meeting closed. ORDINANCE NO. L-205: An ordinance was introduced to be entitled, "AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF THE REAL PROPERTY (SIDEWALKS AND PARKING SPACES) ABUTTING LOTS 7-11, BLOCK 56 AND LOTS 1-18, BLOCK 68, ORIGINAL CITY OF TEXARKANA, MILLER COUNTY, ARKANSAS. THE STREET RIGHT-OF-WAYS ARE LOCATED ON BOTH SIDES OF THE 600 BLOCK OF EAST 3 RD STREET, THE WEST SIDE OF THE 200 BLOCK OF ASH STREET, AND THE EAST SIDE OF THE 200 BLOCK OF LAUREL STREET". Said ordinance provides for the vacation and abandonment of a part of the real property (sidewalks and parking spaces) abutting Lots 7-11, Block 56 and Lots 1-18, Block 68, Original City of Texarkana, Miller County, Arkansas. The right-of-way is legally described as: All that certain tract or parcel of land being a part of the street Right-of-Way of Laurel Street, East 3 rd Street, and Ash Street in the Town of Texarkana (Original City) to the City of Texarkana, Miller County, Arkansas according to the map or plat of record in Volume N, Page 490, Deed Records of Miller County, Arkansas and being more particularly described as follows: BEGINNING: At a point for corner at the Southwest corner of Block No. 68 of said Town of Texarkana; THENCE: N 60º West, feet to a point for a corner at the Backof-Curb on Laurel Street; THENCE: N 29º West, with the Back-of-Curb on Laurel Street, feet to a point for corner; THENCE: Northeasterly, with the Back-of-Curb on Laurel Street, same being a curve to the left having a radius of feet, a central angle of 90º 00 04, a tangent length of feet and an arc length of feet to a point for corner at the Back-of-Curb on East 3 rd Street; minutes.doc 7

8 THENCE: N 60º East, with the Back-of-Curb on East 3 rd Street, feet to appoint for corner; THENCE: Southeasterly, with the Back-of-Curb on East 3 rd Street, same being a curve to the right having a radius of 5.00 feet, a central angle of 90º 55' 52", a tangent length of 4.99 feet and an arc length of 7.85 feet to a point for corner; THENCE: S 29º East, with the Back-of-Curb on Ash Street, feet to a point for corner; THENCE: S 60º West, feet to a point for corner at the Southeast corner of Block No. 68 of said Town of Texarkana; THENCE: N 29º West, with the East boundary line of Block No. 68 of said Town of Texarkana, feet to a point for corner; THENCE: S 60º West, with the North boundary line of Block No. 68 of said Town of Texarkana, feet to a point for corner; THENCE: S 29º East, with the East boundary line of Block No. 68 of said Town of Texarkana, feet to the POINT OF BEGINNING, containing of an acre of land, more or less All that certain tract or parcel of land being a part of the street Right-of-Way of Laurel Street and East 3 rd Street in the Original City, Texarkana, Miller County, Arkansas according to the map or plat of record in Volume N, Page 490, Deed Records of Miller County, Arkansas and being more particularly described as follows: BEGINNING: At a point for corner at the Southwest corner of Block No. 56 of the Original City of Texarkana, Miller County, Arkansas; THENCE: N 29º West, with the West boundary line of Block No. 56 of the Original City of Texarkana, Miller County, Arkansas, feet to a found 5/8 rebar for corner; THENCE: S 60º West, feet to a point for a corner on the backof-curb of Laurel Street; THENCE: S 29º East, with the Back of Curb on Laurel Street, feet to a point for corner; THENCE: Northeasterly, with the Back-of-Curb on Laurel Street, same being a curve to the left having a radius of feet, a central angle of 90º 08 50, minutes.doc 8

9 a tangent length of feet and an arc length of feet to a point for corner at the Back-of-Curb on East 3 rd Street; THENCE: N 59º East, with the Back-of-Curb on East 3 rd Street, feet to appoint for corner; THENCE: N 29º West, feet to a found 5/8 rebar for corner on the South boundary line of Block No. 56 of said Original City of Texarkana, Miller County, Arkansas; THENCE: S 60º West, with the Sough boundary line of Block No. 56 of said Original City of Texarkana, Miller County, Arkansas, feet to the POINT OF BEGINNING, containing of an Acre of land, more or less. Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director S. Johnson and carried unanimously. The ordinance was read the first time. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dunphy. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor 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 Dowd. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven 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 Bradley, Dowd, Dunphy, S. Johnson, W minutes.doc 9

10 Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. ORDINANCE NO. L-206: An ordinance was introduced to be entitled, "AN ORDINANCE AMENDING ORDINANCE NO. K-286". Said ordinance rezones a tract of land located in the 4500 Block of Jefferson Avenue from R-2 Single-Family Residential to O-1 Office & Quiet Business. The property is legally described as: The South Half (S1/2) of Block 14, North Heights Garden Addition to the City of Texarkana, Miller County, Arkansas. Assistant Mayor Williams moved to have the ordinance read in abbreviated form. The motion was seconded by Director Dunphy and carried unanimously. The ordinance was read the first time. Director S. Johnson 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 roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor 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 S. Johnson. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was then read the third and final time and the Mayor declared the ordinance open for discussion minutes.doc 10

11 The Mayor then put the question, "Shall the Ordinance pass?" The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. ORDINANCE NO. L-207: An ordinance was introduced to be entitled, "AN ORDINANCE WAIVING COMPETITIVE BID REQUIREMENTS AND AUTHORIZING THREE REHABILITATION PROJECTS; FOR DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES". Said ordinance authorizes the City to enter into an agreement with Greg Nixon of Advanced Technologies for additional interior and exterior repairs to 1411 Delaware for a total cost not to exceed $30,050. Assistant Mayor Williams 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. Community Development Director Barbara Pitts spoke briefly in regard to the item. She stated that during the course of emergency assistance housing repairs, additional structural support was identified which required a revision from the previously projected cost of $20,300 to an additional $9,750. The total cost to complete the work in progress on this project is now $30,050. Mayor Shipp asked Ms. Pitts if there was any way of knowing how extensive the work would be on a project before it is started. Ms. Pitts said the inspectors try to do a thorough evaluation of the structure, but sometimes the contractor uncovers additional problems during their rehab work. If problems are found, they must be addressed and brought up to city code minutes.doc 11

12 City Manager Charles Nickerson said this is why new projects will primarily be new construction. Assistant Mayor Williams moved that the rules be suspended and the ordinance be placed on its second reading. The motion was seconded by Director Dunphy. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven ayes and no nays. The ordinance was read the second time and the Mayor declared the ordinance open for discussion. Assistant Mayor 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 S. Johnson. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the motion carried, as there were seven 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 Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the ordinance passed, as there were seven ayes and no nays. CITIZEN COMMUNICATION TIME: E. Jeffrey Story, Esq. with Edgenics Learning Institute, Inc. of Texarkana, Arkansas, thanked the Mayor and Board of Directors for approving their proposal to provide tutoring programs for elementary and secondary students at the City s neighborhood centers. Mayor Shipp wished him well on the project minutes.doc 12

13 Mayor Shipp commented that he and the Board reviewed the appointments to the Library Board, during the previous Executive Session, and they were prepared to proceed with the item. RESOLUTION NO. 5166: Resolution No was read in its entirety. Said resolution makes the following appointments: Library Board Martine Ferguson 01/15/ Cathy Andrews 01/15/ Assistant Mayor Williams, seconded by Director S. Johnson, moved to adopt the resolution. The Clerk called the roll and the following vote resulted: Directors Bradley, Dowd, Dunphy, S. Johnson, W. Johnson, Williams, and Shipp voted aye. The Mayor declared the resolution adopted, as there were seven ayes and no nays. Mayor Shipp said he would like to postpone the Board Committee item until the next board meeting on February 7 th. 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

14 minutes.doc 14

REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MAY 15, 2000

REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF TEXARKANA, ARKANSAS MAY 15, 2000 MEMBERS PRESENT: The Board of Directors of the City of Texarkana, Arkansas, convened in regular session at 7:00