Board of Directors - Regular Meeting

order. If you would um if you wish to address the board tonight during citizens communication time, we have a a card on the ledge. Complete that card. Get that to the city clerk. We'll have a record of your attendance. If you have your cell phone with you, we'd appreciate if you would silence your cell phone during the course of the meeting. This time, we'll have a roll call. Assistant Mayor Brewer here. Director Juel here. Director Smith here. Director Roberts here. Director Harris here. Dreer Halibus here. Mayor Brown here. This time we'll stand for our invocation, our pledge of allegiance given by Director Steve Smith.

Bow your heads. God, we just thank you for this day. Lord, we thank you for this weather that you've given us, this beautiful spring that we've had. We thank you for this room and for the sacrificial hearts that are in it. Just pray for the guidance of this city and the direction that you want to take us. Just pray that you shine light on that. In your name we pray. Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

You may be seated. At this time, we'll move right on into our citizens communication times. Is there anyone wishing to address the board? Anyone wishing to address the board tonight during citizens communication time? Seeing and hearing none, we'll move right on into our consent agenda. We have three items on our consent agenda. Item number one is approval of the minutes of the rework scheduled meeting of March 16th. Item number two is adopt a resolutions for Miller County Red Dirt Master Gardener Community Greenhouse Project to be located at Terry Lee Rogers Recreation Center. Item number three is to adopt a resolution authorize city manager into an implementation services and hosting agreement with Tyler Technology for the implementation of the mygov integrated software solutions for the public works department. What would be the desire of the board on the consent?

Motion to adopt. Second. So have a motion, a second. Any other discussion? All those in favor say I. I.

Opposed. The motion carries. Moving right on into our regular agenda. Item number four is to adopt a resolution authorizing the and directing the city manager to accept a donation of land for drainage. Tracy, good evening, Mayor Brown, board of directors. Um, this is actually already a drainage easement that we take care of. It's just that it's been attached to someone else's land and they've been paying for it and he no longer wants to pay for that piece of property and he's donating it to the city. Any questions for Tracy? If not, I'd instruct the city attorney to read the resolution. Where is

It's on East 48th Street. There it is. There is a There it is.

Just east of Jefferson. Any other questions? Not I'd instruct the city attorney to read the resolution. Whereas Michael Franklin and Steven Mark Davis, the donors, have offered to donate certain real property to the city of Texter County, Arkansas, the city for public drainage purposes. Whereas the property proposed for donation is located in Bailey subdivision lot 5 lot 3 container containing approximately 0.12 acres and identified as parcel number 123 0150 with a legal description of 0815 south 28 west 0.12 acre the property and whereas the property is currently utilized as a drainage area and has been maintained by the city for such purposes and whereas acceptance of the donation will allow the city to formalize ownership of the property and ensure its continued use for drainage and related public infrastructure needs. Now, therefore, be it resolved by the board of directors of the city of Texan, Arkansas, that the city manager is hereby authorized and directed to accept the donation of the real property described above. Pass and approve the 6th day of April, 2026.

City attorneys read the resolution, desire the board. Motion to adopt. Second. Have a motion, a second. Any other discussion? Could you call the role? Assistant Mayor Brewer, yes. Director Juel, yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halabish, yes. Mayor Brown,

yes. The resolution is adopted. Item number five is to adopt a resolution to award an engineering contract to Alfranks Engineering for the design of the 2025 street bond street bond rehab project, Sammy Lane, Forest Street, Harris Lane, and Rocky Creek Road. Um Al Franken engineering has already completed the first set of streets the design of them they are um 90% complete the this is the third set of streets um from the bond that you all approved that they are ready to start design on any questions for Tracy yes

u I guess the question I would ask you said 90% and they already got 90% not of these but the first engineering contract that you all awarded them. Okay. And my question is, are we going to spread the the work around? We are um y'all had a contract before this that came before y'all for um

Spears Engineering. And so after this, there will be another contract for Spears Engineering that will come before you all. We only have two engineers on the Arkansas side. And I thought it was the desire of the board to keep those contracts within the city. Not necessarily. I was trying to see because the less money you spending on contractor even though I think that I think that we should have try to hire one but that's that's never here or there now. But uh but I thought maybe we could have hired a contractor because that was the contingent on why somebody became the city manager. We supposed to be ironing is engineering, but how much money we going to be out of look like all together of the taxpayer and engineering fee. And then my other question, do you really need an engineer on some of these streets when you just laying asphalt down? I guess we

I'm sorry. I I couldn't quite follow that.

You want me to repeat what I said? I said that was I thought maybe we was going to get a hire an engineer based on one of the reason why you got the job or city manager. We supposed to be hiring trying to Well, I I put like that. I put it out there. I don't think nobody else put that out there. But but obviously saying we f to spend a lots of money on engineering and it was kind of good that we could have had hired a engineer because we probably won't spend what millions of a million dollars or more just in engineering league. So, and uh and look like me also we probably could have just well I ain't going to say cuz you just contract with one person you ain't able to spread the money around and to me I would have just instead of concentrated on one engineer I would like what you doing that you getting I guess you can't do one thing without doing the other one because you can't give a cheap price if you if you trying to spread it around. So,

any other questions? If not, I would instruct the city attorney to read the resolution.

Whereas, the public works department is requesting the approval of the city of texture county, Arkansas board of directors to authorize the city manager to enter into a contract with Al Franks Engineering for the design of the 2025 street bond rehab projects, Sammy Lane, Forest Street, Harris Lane, and Rocky Creek Road. And whereas the city submitted a request for qualifications in January 2026 for engineers, architects, and surveyors. And whereas Al Franks Engineering was selected as a qualified engineer for city projects based on their qualifications and extensive work history with the city. And whereas the estimated construction cost for this project is $1,980. and ALF Franks Engineering submitted their design fee proposal for this project in the amount of $140,500 which breaks out to $13,000 for design including surveying and bidding services and $37,500 for construction, administration, and inspection. And whereas bond funds for these streets will not be available until June 2026. So these initial engineering fees will be paid from the public works budget in order for construction to begin shortly after bond funds are received. Now therefore be it resolved by the board of directors of the city of churchan Arkansas that the city manager is authorized to enter into a contract with Al Franks Engineering for the purposes set forth above with the funding from the sources so indicated pass and approved the 6th day of April 2026.

City attorneys read the resolution desire the board. Motion to adopt. Second. Motion and second. Any other discussion? Yes, sir. You didn't really get him a chance to answer the question. You kind of go and read the resolution. So, could you kind of responds to what I said, Mr. City Manager?

Yes, we have attempted to hire an engineer, an in-house engineer. But even if even if we do that, the that engineer would still not have the the resources nor the time to be able to take on all these projects. Yes, we will end up by the time this entire project is over, we'll probably be 2 million or more in engineering fees. Um, but there's no possible way that that one engineer could come in here and do all these projects themselves either. We would have to hire engineers, uh, consultants to to complete this work. And um and yes the on the vast majority of these projects engineers are required

and what would they mostly be doing? I'm sorry. What would they be doing? What what will the engineering what was the purpose of engineer? What what would the be engineering be doing? They'll be going out. They'll survey the road. They'll ensure that drainage is adequately handled. They will design the section for the road that needs to be. They'll determine the the areas that need additional base stabilization. They'll determine the asphalt mix that needs to be used. Um they'll evaluate coververts whether they're um unders sized or or damaged. There's many many different aspects of roadway design.

Okay. Any other questions? Could you call the role? Assistant Mayor Brewer. Yes. Director Juwel, yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halibish, yes. Mayor Brown, yes. Moving on to item number six is to adopt an ordinance to add a police presence requirements to the public facilities use application and associated fee based on crowd size. Great. Um, we had to come back before you on this item because it was done by resolution in the last board meeting and it needs to be done by ordinance. Any other discussion?

I I want to clarify real quick. It did change just a a little bit. Um I wanted to bring that to your attention. So on the um let's see here. Let me get to it on the required police staffing based on crowd size. Um there were a few different lines there in the previous resolution. um it was a bit convoluted, so we we shortened that up just to state one officer per every 500 persons. That's not a change from the previous one. Um we just decided to eliminate some of that confusion. Um but also for the one thing that we did add was if the crowd size is over 2500 persons, you have to have um a minimum of two TAPD officers at the event. So whereas before with the previous resolution you could substitute uh your own private security for to satisfy those staffing requirements for anything over 2500 you have to have at least two tapd officers. The rest can be uh you can utilize your own private security for um but for two of those staffing requirements you have to use CAPD officers and it's two for every uh 2500 more. So for uh an event with 5,000 um persons, you would be required to have four TAPD officers and that remaining amount can be satisfied with private security.

So we're speaking about the event coordinators uh for their future events that they may be publishing. Yes, sir. Yes.

This is a little bit confusing to me. Uh we got one place that says one officer per every 500 people, but yet it says if we got um in for events with an estimated attendance of fewer than 2500 people. So for inance with minimum two. So it how many people required for 2100 people? for 2100 people, you're talking about four, five u five officers and um all of those can be private security. If you get to 2500, you'd have to have uh you'd have to have

Yes, you'd have to have a minimum of two of those have to be TAPD officers and the rest of those can be private security and uh but the ratio stays the same, right? One to 500. Correct. Yeah. The the total staffing is one for every 500. So, for an event with 5,000 people, you have to have a total of 10 security or officers there. With 5,000, four of those 10 have to be TAPD officers and then the other six can be private security.

So, if uh a a crowd of 100 just one police officer, correct?

Okay. now. And then we've got the uh we got it. We got regular officers, sergeants, and lieutenants. And the the ordinance doesn't specify uh any requirement for uh any breakdown of the requirement for a sergeant or lieutenant. So, uh is it the city's choice is whether a lieutenant's going to be assigned, a sergeant's going to be assigned? I mean, if I'm a if I'm the uh vendor, I'm going to request that just give me five regular officers and don't don't give me a sergeant or don't give me a lieutenant. So, I don't want to pay the higher rates.

Chief, can you speak to that? I'm assuming that's up to TAPD. The nature of the event as well. But does that does is it does this is just the application process. Does that specify an ordinance that that the city or the the vendor had who has the right to decide? Does it specify subject to prior subject to approval by TAPD? Okay. Major majority of time officers sign up for it over time, but sometimes we don't have officers who who want to sign up for some. So sometimes sergeants fill in and sometimes lieutenants fill in. That's why it gives you the price breakdown for each person, the officer, sergeant, lieutenant. So, it'll widely depend on availability.

Well, most of the people that work those events are the ones that aren't working. Correct. They won't be on duty. They'll be off duty. You'll have to take what's available. Correct. Yeah. So, on the private security, the ordinance talks about police presence. What are the If I want to go hire my own officers, do they have to be police officers? No, it could be your private security up to 2500 people. Over 2500, it's going to have to be two TAPPD officers. If it's 5,000, it has to be four TAPD. And the remainder are the private security. But that but that private company still has to vet whoever they're hiring through the police department. Correct.

An example would be if y'all had a bad experience with some security outfit or something, somebody is hired. We have the authority to say you're not we're not going to use it. Yes, sir. So, are we Because it doesn't it says police presence and then there's a disclaimer down at the bottom that talks about more than 2500 people, you know, private security can be done. Are we open to any kind of liability? Because it doesn't I mean it explicitly says police presence for events. It doesn't say certified security officers. The application does. Okay. It's on the PFU. Okay. I just want to make sure we're covered if

so they have they do private security and something happens to TAPD. Okay. Chief, I have a quick question. I think the prior conversation we had that um TAPD would be uh receiving all the the fees, right? Will you all charge be charging the fees? Will you all collect the fees? Who who will be collect? Yes, TAPD will collect. TAPD. Correct. All right. That's what I was thinking. Thanks. Well, I I I still have a problem with with that that it's y'all's choice to assign a lieutenant or a sergeant.

It's whoever's available to sign up to work the overtime. Whoever wants the overtime. Understand. But again, if if I'm a if I'm a vendor, I don't want to have to pay a a a sergeant's price or a lieutenant's price when when I could have a a private security person being there, but the city is requiring me to have a police presence over 2500 personnel. Over 25 Well, I'm talking people. Yes. 5,000 folks there, but but the city is requiring me to have

10 people. 10 police officers there or or whatever. I I got I got 5,000 four officers and six if they can hire their own six security. Okay. Well, let's say I I've got the number that requires me to have 10 police officers or what that number. Oh, that's going to be a huge crowd. Be five. Well, how many was there for a You're talking You're talking total security. Yes, that'd be 5,000. 5,000. What was Tracy Lawrence? Did he have 5,300? Well, that' be about like 10 police officers, would it? No, it's 10 security total. Four CAPD.

That's four officers. That's six private security for 5,000. If it's 5,100, it'll be four and seven. This is private security. If you hire your own private security. Okay. So, when officers sign up to do this, Yes. Is it going to be awarded on a first come first- serve basis or on a chapest basis? Because if I'm running an event, I'm going to say, give me the last guy that signed up that's a regular officer instead of the lieutenant who jumped on it. Yes. So, how many how many regular police officers do we have now? How many lieutenants and captains do you have?

We got what uh five lieutenants, so there won't be many. Captains can't work over time. They cannot. So, you're talking about five people. So the others that are off duty, we're only talking about people that were off duty that would be eligible to work. You're not taking people off the street. So if only those five lieutenants were available, that's the only choice those people would have for that event if they're required to hire four of us. Yes. But that's not going to happen. Any other questions? What if you went to Texas side and got one of the seat one of the officers coming here uh and do the work? How would that work? If we Texas side, get one of the officers. Huh?

If we went to get one of the officers, well Texas side well was off police offic side want to come work. They could hire somebody from Texas side. I don't I don't want Arkansas side paying Texas side officers to come over here and work, right? The security firm could they could they could satis like if we did private security, but we'd want to I'd rather pay overtime to one of our Arkansas side officers before I pay Texas side. This mandates TAPD officers. Now, whatever they do for the private security, that's that's fine.

Any other questions? If not, I would instruct the city attorney to read the ordinance in its title form for his first reading. An ordinance amending ordinance number 13-207 of the city of texture county, Arkansas code of ordinances to establish police presence requirements and rage for events held at municipal facilities and for other purposes. Ordinance has been read on its first reading. Desire to have it read on its second reading tonight. Second reading abbreviated form, please. Second. Second. We have a motion and a second. Any other discussion? Could you call the role? Assistant Mayor Brewer, yes. Director Juel, no. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halibish, yes.

Mayor Brown, yes. Second, an ordinance amending ordinance number 13-20 2017 of the city of Texan, Arkansas code of ordinances to establish police presence requirements and rates for events held at municipal facilities and for other purposes. Ordinance has been read on its second reading. Desire to have it read on its third and final reading. Third reading abbreviated form. Second. Have a motion and second for third reading. Could you call the role? Assistant Mayor Brewer. Yes. Director Juel. No. Director Smith. Yes. Director Roberts. Yes. Director Harris. Yes. Director Hullish. Yes.

Mayor Brown. Yes. An ordinance amending ordinance number 13-20 2017 of the city of Texan, Arkansas Code of Ordinances to establish police presence requirements and rates for events held at municipal facilities and for other purposes. Ordinance has been read on its third and final reading. Desire to adopt. Motion to adopt. Second. Just have a motion, a second to adopt. Prior to the board voting to adopt this particular ordinance, is there anyone here wishing to speak for or against? Hearing and seeing none, could you call the role? Assistant Mayor Brewer, yes. Director Tulle, yes. Director Smith, yes. Director Roberts, yes.

Director Harris, no. Director Halush, yes. Mayor Brown, yes. And the ordinance is adopted. Chief, we don't need an emergency clause or anything with this as far as us moving forward if we had an event in the next couple weeks or something or in the next 30 days. No,

okay, moving right along to item number seven to adopt an ordinance granting the request for a prerequisite municipal approval of a private club application for 422 North State Line Avenue for Lost Tacos. Tyler Yes, sir. This is the the typical uh private club approval. Um they need approval from the city to continue their process through the the state to acquire their license.

Any other questions? If not, I would instruct the city attorney to read the ordinance in its title form for the first reading. An ordinance granting the request for prerequisite municipal approval by of a private club application by Raphael Figueroa as applicant on behalf of Lost Tacos and for other purposes. Ordinance has been read on its first reading. Desire to have it read on its second reading tonight. Second reading abbreviated form. Have a motion and a second for second reading. Any other discussion? You call the role. Assistant Mayor Brewer. Yes. Director Juel. No. Director Smith. Yes. Director Roberts, yes. Director Harris, yes. Director Halabush, yes. Mayor Brown,

yes. An ordinance granting the request for prerequisite municipal approval of a private club application by Raphael Figueroa as applicant on behalf of Lost Tacos and for other purposes. Ordinance has been read on its second reading. Desire for its third and final. Third reading abbreviated form. Second. Have a motion second for third reading. Any other discussion? Call the roll. Assistant Mayor Brewer. Yes. Director Juel, no. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Hollowish, yes. Mayor Brown, yes.

An ordinance granting the request for prerequisite municipal approval of a private club application by Raphael Figureroa as applicant on behalf of Lost Tacos and for other purposes. Ordinance has been read on its third and final reading. Desire to adopt. Motion to adopt. Second. We have a motion and a second to adopt. Prior to the board voting to adopt this particular ordinance, is there anyone here wishing to speak for or against? Seeing and hearing none, could you call the role? Assistant Mayor Brewer? Yes. Director Juel, yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halibush,

yes. Mayor Broom.

Yes. And the ordinance is adopted. Moving right along to item number eight is to adopt an ordinance regulating accessory dwelling units. Jamie. So, back in the last legislative session, they passed an ordinance requiring us to allow one accessory dwelling unit on any lot that has a single family home. Now, in the past, accessory dwelling units fell under accessory structures. This breaks those out as their own separate entity. Um, this is the definition. It's a self-contained independently accessed living unit on the same parcel as a single family dwelling of greater square footage. It has to have its own cooking, sleeping, and sanitation facilities. Now, the ordinance, this pretty much follows the bill, which you have a copy of in your packet. There's only one ADU by right allowed per lot. So, if they wanted a second ADU, they would have to get a conditional use permit for that. Uh it can be attached, it can be detached, it can be internal. It has to be at least 10 ft from any other structure, but it has to meet the setbacks for the property that it's in for the zone that it's in.

All right?

So, if there's a 10-ft sideyard setback and they're putting it in their sideyard, it's got to be 10 ft from the sideyard sideyard property line. Um, they're allowed in the side and backyards except in the A1 zone where we allow them in the front yard. They can't be any more than 75% the size of the single family home or 1,000 square feet, whichever less. And there must be a primary home on the property first, except in A1. Now, the bill stipulates we cannot require additional parking. We can't make them match the house. We can't require that they be owner occupied or even have a relationship with the property owner, which means it could be a rental, it could be an Airbnb. Um, we can't require public infrastructure upgrades. We can't require building standards that are more restrictive than those for single family home. And we can't require separate utilities. And that's all right out of the bill. Um, this was supposed to be enacted by us by January the 1st. We had it on the agenda in planning in December. Then we made some changes to it. Uh, we didn't have a meeting in February. We had to take those changes back to planning in March. So, this is the first meeting we've had a chance.

Chairman, I have a question. Will you um enlighten me again? A1 zone. What What is that again? The A1 zone was designed for people that have larger parcels of land that are more rural. Okay? And because we had a lot of people who had these big parcels of land and they wanted to put two houses on it and they couldn't and it really made no sense cuz they had plenty of land to do that. Or they wanted to build a shop and we wouldn't let them build a shop before they built a house. Okay?

Or they wanted to graze their horses. they had, you know, 3 acres of land and they wanted to put some cows on it and they couldn't do that. So, several years ago, we created the A1 limited mixeduse rural zone that would allow people some um leeway on these larger pieces of property. Okay. The majority country living in the city. Yes. Yeah. Country living in the city. Thanks, Sam. Appreciate it.

Any other questions for Jamie? I would just like to point out uh and I'll mention in the next ordinance that we have is that in this particular ordinance as well once this ordinance is even passed that item E states that this ordinance does not prohibit restrictive covenants regulating accessory dwelling structures entered into between private parties. Right? So if your covenants of your neighborhood or your subdivision or whatever prohibit that at the present time, this does not override that. This does not override it. And that is in the state bill also.

So if it's already prohibited, then this isn't making you do it. So all right, any other questions? This is what everybody's calling the mother-in-law bill. Right. Right. Exactly. Any other questions? No. No. I'm just quiet. If if not, I would instruct the city attorney to read the ordinance in its first reading in title form. An ordinance regulating accessory accessory dwelling units for declaring an emergency and for other purposes. Ordinance has been read on its first reading. Desire to have it read on its second. Second reading. Abbreviated form, please. Second. Have a motion second for second reading. Any other discussion? Could you call the role? Assistant Mayor Brewer. Yes. Director Juel,

yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halabush, yes. Mayor Brown, yes. An ordinance regulating accessory dwelling units for declaring an emergency and for other purposes. Ordinance has been read on its second reading. Desire for third and final. Third and final. Second. Have a motion and second for third and final. Any other discussion? Could you call the role? Assistant Mayor Brewer, yes. Director Jewel, yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Hales, yes. Mayor Brown, yes.

An ordinance regulating accessory dwelling units for declaring an emergency and for other purposes. The ordinance has been read on its third and final reading. Desire to adopt. Motion to adopt. Second. We have a motion and a second to adopt. prior to the board voting to adopt this particular ordinance. Is there anyone here wishing to speak for or against? Seeing and hearing none, could you call a roll? Assistant Mayor Brewer, yes. Director Juel, yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halibush, yes. Mayor Brown,

yes. And the ordinance is adopted. The staff has asked for an emergency clause, which would be a good thing to get us into compliance immediately. What would be the desire of the board to attach an emergency clause? Motion to attach emergency clause. Second. So have a motion and second. Any other discussion? You call the role. Assistant Mayor Brewer. Yes. Director Juel, yes. Director Smith, yes. Director Roberts, yes. Director Harris, yes. Director Halibus, yes. Mayor Brown,

yes. the ordinance emergency clause is attached to the ordinance. Moving right along to item number nine is to adopt an ordinance amending ordinance K286 to allow for accessory structures in sideyards. Jamie, so the old ordinance only allows accessory structures in the backyard in the rear of the house and this I don't have it. Um the rear build line of the house runs across the back of the house um from property line to property line. After some discussion with the building official, we decided there was not a whole lot of reason that we shouldn't allow accessory structures in sideyards. The fact of the matter is most people are not going to have enough sideyard to put an accessory structure there anyway. Um, but that is the change to this ordinance is to allow them in the rear yard and the sideyard.

Any questions? This is only for accessory buildings, right? Not the accessory dwelling unit is also allowed in sideyards. No, that's what I mean. This is only for the accessory uh buildings, not not not I mean it would be any accessory structure. Oh, really? Not a dwelling. So like an RV covering a boat covering like a Yes. portable metal, right? Correct. Yeah. It the accessory dwelling units, the accessory structures, those will be allowed in the sideyard. They just have to be behind the front building line. That's it.

Wait, behind the front building line, but in the sidey yards. Okay. Mhm. That's even better. Then read it that way. Any questions? Question.

The only thing I had, Jamie, is is trying to coincide with the other ordinance as to uh why this ordinance does not address that if this is not acceptable within your uh covenants or your HOA, your restrictions, everything that's that's taking place in your neighborhood. Why is that not in this particular ordinance? Well, it it's not in the ordinance that we have in place now. So, we only added that you could put it in the sideyard, but certainly if you wanted to table this, we can add that in. Um, so

I just think it builds confusion when I read one and then I read the other because even even if this passes, that thing's not going to be allowed in my neighborhood. you're not going to be able to do it anyway just because the city says you can do it. It's against our covenants to have them in the sideyard. So, you're not going to be able to do it anyway. But it creates I think it just creates confusion for me when I read one that says it actually has in the ordinance that this explains you do not that was in the reason it was that was in the state bill on ADU units. All right. Everything your covenants are going to override ordinance anyway,

right? your covenants and your HOAs. So, it wasn't in there before we added that in the ordinance for the ADUs because it was in the state bill and ADUs. So, your covenants is still going to override it. I understand. Any other questions? Has any city uh had a challenge to this ordinance?

Not that I'm aware of. wish they'd be challenging the state basically as a unconstitutional ordinance or making us do something that you normally wouldn't do. Even though we get our direction from the state anyway, basically a city get their power from the state and they can't do no more than what the technic we supposed to do no more than what the state allow us to do. But has uh but have anybody uh challenged this? No, sir. Not that we're aware of. Well, I I see this as being more beneficial to the public.

I mean, I've always I've always had a had a problem with not being able to build in the sideyard. So, this this addresses that that problem. So, I'm very much for the what the state's done here. Could you potentially do both have a building and a dwelling in your backyard? What do you mean? Yes. So long as they weren't they have to be 10t away from each other and and meet the required setbacks, but yes, you could.

My my again my my what I'm getting at is we is not allowing tiny homes in the city of limits per se, but yet we going to let somebody come and build another small house. Basically, it is obtained at home to a certain extent, but yet we got so we don't change that hardness, not allow them taint at home. Basically, that's basically what you're doing. Wouldn't the covenants govern against what director Harris just stated? Restrictive covenants. Yeah. Would a lot of places doesn't have restrictive covenants. So, but one of these one of these dwellings now could qualify as a tiny home as long as it's less than a th00and square feet. And so when we

Well, a tiny home is defined as from 200 to 400 ft. I think it's 240 to 400 ft. But you can have in the dwelling ordinance we just passed, you can have up to 1,000 square feet or 75% of your 75% your other. So it still has to be at least it has to be at least 20 feet on each side. Right. So it still has to be at least 400 square f feet in our ordinances. Yes. The accessory dwelling units still have to abide by all the codes that a single family residence has to abide by. So

um the state has not adopted the uh the tiny house the tiny home requirements. That's what we've been waiting on just for them to adopt code on it. They have not done so yet. We've been talking about tiny homes for several years now. It seems we've had workshops with the planning commission, but um the what came out of the planning commission was that we didn't want to adopt anything before the state adopted code on it. So that's what we've been waiting on this all these years.

Well, I thought we got some in place not can't have t on if I'm not mistaken. Current code allows you to build um a house that's 400 square foot. It's got to be a minimum of 20 foot on each side. Any other questions? If not, I'd have the city attorney read the ordinance in its title form for its first reading. An ordinance amending ordinance number K-286 of the city of Texican, Arkansas code of ordinances to allow accessory structures in sideyards and for other purposes. Ordinance has been read on its first reading. Desire to have it read on its second. Second reading abbreviated for him, please.

Second. I have a motion, a second for setting a second reading. Could you call the role? Assistant Mayor Brewer? Yes. Director Juel? Yes. Director Smith? Yes. Director Roberts? Yes. Director Harris? Yes. Director Hullbush? Yes. Mayor Brown? Yes. An ordinance amending ordinance number K-286 of the city of Teturean, Arkansas code of ordinances to allow accessory structures inside yards and for other purposes. Ordinance has been read on its second reading. Desire for its third and final. Third reading abbreviated form. Second. We have a motion and second for its third reading. Any other discussion? Call the role. Assistant Mayor Brewer. Yes.

Director Juel. Yes. Director Smith. Yes. Director Roberts, yes. Director Harris, yes. Director Hovish, yes. Mayor Brown, yes. An ordinance amending ordinance number K-286 of the city of Chesteran, Arkansas, code of ordinances to allow accessory structures and sideyards and for other purposes. Ordinance has been read on its third and final reading. A motion to adopt. Motion to adopt. Second. Second. We have a motion and a second to adopt. Prior to the board voting to adopt this particular ordinance, is there anyone here wishing to speak for or against? Hearing and seeing none, could you call the role? Assistant Mayor Brewer, yes. Director Juel,

yes. Director Smith, abstain. Director Roberts, yes. Director Harris, yes. Director Halish, yes. Mayor Brown,

yes. And the ordinance passes. Moving right along to our last item on our agenda, item number 10 is to adopt an ordinance to amend ordinance K286 to reszone the parcel at 6290010 located at 8300 and 83 8315 State Highway 108 and parcel 6290020 located at 8300 State Highway 108 and Camper Lane from C3 open display commercial to mixeduse highway for the purpose of operation. creating a legally conforming truck stop. Jamie,

so this is the Flying J truck stop. It's out on I30. If you'll remember last year, we created a mixeduse highway zone. And one of the things we did was we only allowed trucks or truck stops were only allowed in that mixeduse highway zone. So, since Flying J is currently zone C3, they are considered legally nonconforming, which means they could not expand their operations, and we didn't want to tie their hands that way. So, we've worked with their legal department and gotten permission to reszone them to mixeduse highway. And that way, should they decide to expand their operations, they'll be able to do that. They'll be legally conforming.

Any questions for Jamie? This impact the Sunrise RV lot that's back the side of Flying Jay in any kind of capacity. I don't think so. I think this is just Flying J. Okay. Just making sure. If no other questions, I would instruct the city attorney to read the ordinance on its first reading and title form. An ordinance amending ordinance number K-286 is amended and for other purposes. Ordinance has been read on its first reading. Desire to have it read on its second reading. Second reading abbreviated form. Second. So I have a motion and a second to have the ordinance read on second reading. Any other discussion? Could you call the role? Assistant Mayor Brewer. Yes. Director Juel. Yes. Director Smith.

Yes. Director Roberts. Yes. Director Harris. Yes. Director Halush. Yes. Mayor Brown. Yes. An ordinance amending ordinance number K-286 is amended. And for other purposes, ordinance has been read on its second reading. desire to have it read on its third and final third reading abbreviated form. Second. Second. So, I have a motion and second for third reading. Could you call the role? Assistant Mayor Brewer? Yes. Director Juel? Yes. Director Smith? Yes. Director Roberts? Yes. Director Harris? Yes. Director Halos? Yes. Mayor Brown? Yes.

An ordinance amending ordinance number K-286 is amended. And for other purposes, the ordinance has been read on its third and final reading. A motion to adopt. Motion to adopt. Second. So, we have a motion and a second to adopt. Prior to the board voting to adopt this particular ordinance, is there anyone here wishing to speak for or against? Seeing and hearing none, could you call the role? Assistant Mayor Brewer? Yes. Director Jewel? Yes. Director Smith? Yes. Director Roberts? Yes. Director Harris? Yes. Director Halish. Yes. Mayor Brown. Yes. And the ordinance is adopted. Moving into our city manager report. Tyler, do you have anything to report?

Uh yes, sir. I was just going to give you all a quick update on the the street bond process. So, um engineering on the first two set of projects um is underway. They're 90% complete with uh with one set um and probably 50% with the other. I'm not 100% sure on that. I I hadn't got with Glenn to see exactly where he is there, but um so I I got an updated timeline from Stevens and they're looking at closing on so they pushed that date back. It was at June 9th, but it's been pushed back to June 30th now. So, um which um a lot of that had to do with uh we are not collecting that increased tax. um this year we're collecting it next year. Um if you remember from the tax levy we did at the beginning of the year. So when we originally thought we'd get those funds in the spring since we're not collecting it this year, it got pushed back a little bit to to June 30th. But we'll have those first two sets of projects ready to bid. Um and we'll we'll probably bid bid those out around the end of May. um so that uh the contract can go to the board that second meeting in June and contractor can get started as soon as we have those funds the the end of June. Um any questions on the street bond that's all I had mayor.

All right board of directors commentary. Anyone have anything? I have one comment mayor. All right. I have a war meeting scheduled April the 30th uh 2026 from 6:00 p p.m. to 8:00 p.m. It' be at the recreation center. That's all I have. Anyone director Harris?

Oh yes. Uh I will be having community meeting which I gave the name Speak Now forever hold your peace. Uh and it will start the first one will be tomorrow uh the 7 at 6 pm at we are Washington cafeteria. is 900 Mariela Street. The second one will be Tuesday, April the 14th at 6:00 pm at Verland Graphia Park and it's at 616 UCLA Street. The third one will be Tuesday, April the 21st at 6:00 p.m. at uh Greater College Hill Co Church of God in Christ at 21101 Hay Street. And the last one be here at city hall Tuesday, April the 28th at 6:00 p.m. in here in the boardroom. And that is third and walnut street. And I was going to originally have them on on Thursday, but the city manager stated he wouldn't be available on Thursday. So that's the reason they were all ch. So hopefully he will show up uh at these meet cuz the public my ward people really want to y got lots of question for him cuz yesterday the last two days I passed out almost uh 200 flyers. So and I got some uh good response on this and each section I'm probably going to pass out about 200 flyers for each section. So, uh that uh maybe that Friday and Saturday before that Tuesday or that Sunday. So,

anything else? If not, our next meeting date will be Monday, April the 20th. And at this time, we need to excuse all guests to convene in an executive session to consider an appointment to the Civil Service Commission.