City Council - Regular Meeting

I've turned the camera on so the mic's on. [Music] Four cups full. Okay, it's 6:30 in the evening. I'd like to call the board and city council meeting to order. Mr. Hall, would you please do a prayer? Pray. Heavenly Father, we we are full of your spirit. We recognize Lord that you guide us and you direct our paths. We pray Lord that you guide us through this meeting. Thank you for each of the councilmen uh those who are sick. We pray for their healing today. We help them. We uh pray that you direct us and direct the mayors and lead us. Thank you for each of the citizens of our community and those who serve our community. And uh we just praise praise you for all you're doing in our lives and what you're going to do in our community in Jesus name. Amen. Please join me in the 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. [Music]

roll call, please. Council member Hall here. Council member Chapman and Council Member McN and Council Member Hefner are absent. Council member Brook here. Council member Ripple here. With me, we have a court. Council, I'd entertain a motion. First on agenda is the council meeting minutes from May 20th. I entertain a motion to approve as presented. We have a motion. We have a second. Second. All in say I. I concur. Next on the agenda is the U slide change. Next on the agenda is the department reports. Entertain a motion to approve as motion. A motion. We have a second. Second. Second. All those in favor say I. I. I. Next on the agenda is planning commission. Is there? [Music] Good evening. We had one uh no two things last month. First of all, this lot split at 207 Law Orange Street. Um they are going to split the lot in basically in half. It's in the track one and track two. Um there is an old driveway leading into the track that doesn't have a building on it at the moment, but they're requesting unlocks. So staff didn't have any problem with it. So this body was the old Sharon's part beauty shop at one time. Um there's a couple living there right now. The there was an that old trailer used to be in next to it. They're wanting to to split

this so they can then be that property to their daughter. I believe grand okay and they're here if you have any questions about that. Lots of require council action. We have any questions comments? still sufficient size for construction or whatever, right? Their next action. We'll talk about that. You know, on Lauren Street, just the street next street over from the German building what used to be Sharon's beauty shop. You remember that? Building that look on screen. You see where the chamber building is? There's a church right there. Any [Music] discussion? I entertain a motion to approve the law as requested. Motion. We have a motion. Second. Second. All those in favor say I. I. [Music] Next for you is two variances. Okay. So, the beauty is not big enough to be considered a home. So, they've asked for a variance on the size of it, so it can become a tiny home. There are people living in it, have been living in it for quite a while. Um, it's just something that had to come before the board. So, we went ahead and added that to their experience. They'd like to put the tiny home on the other track that we um and she has pictures of it. Okay. Well, it's a it's a converted um really nice Ocean basically that they put a kitchen and a bathroom. It has everything that's required by code for it to be a tiny home. It meets the ADU requirements in terms of single quarters, triple quarters, and etc. It's actually bigger

than the other building, but the original beauty shop. That's why we had to do it this way where they split the lot and then ask for variance on both sides because if it wasn't 80, it would have to be a certain percentage of the original building. The original building is actually smaller than the tiny home. That's why we're doing it that way. Just make it easier for her to process. Are both of them going to be occupied? Yes. Yes. And the one they're moving in is the one that the daughter is going to be living in as she's college. And the variances were varian for the county homes and also varian for driveway and sidewalk. It's approved by planning. Correct. Right. Yeah, we heard that because since it's splitting into two lots, it's looked at as a small subdivision, but it's, you know, two lots. So, there's no sidewalk in the area and there's gravel driveway all over the place around there. So, it's not tracked from it and so planning commission variances. So, there's no actually need to disinformation. Anything else? A motion to approve Eron's plan report second. All in favor say I. I said Stacy's not here for the water advisor committee report. So we move on to old business. Would you read the title, please? an ordinance establishing procedures for permitting, review, and placement of accessory dwelling units within the city of Ward establishing fees associated with the same and for other purposes. Council, this is up for a second reading. As you remember, this is a implementation of the law that was in effect August 5th. Uh the ordinance states 30 days after it's approved or August 5th, which is later.

Any discussion? Is this ordinance 25? Yes, sir. I've got a correction on section five. All right, let's see. Got it. ADUs may be tied into primary resident water sewer system one. However, comma a separate may be added. Separate system, a separate connection. Yes, sir. That's all I got. Catch. Any further discussion? Entertain a motion to approve the order 202510 on its second reading. Second. A motion that's second. Roll call, please. Council member Hall. Yes. Council member Brook. Yes. Council member Rubal. Yes. May. Yes. 202510 has been approved on a second reading. Council swing approval. Next on the agenda is ordinance 202512. Read time please. An ordinance to establish and lay off city and board property owners multi-purpose improvement district number 29 of the ward Arkansas moonlight meadows to declare an emergency and for other purposes. It's Chris and we have the city attorney and and I'm sorry come on up explain this better than last first thing I want to report is there was a correction I made the mayor the statute numbers been corrected to 14941 [Music] call we were here last month on Yes, council has some questions. Ask the law firm to come answer any questions you might have.

Further review I've had with the statute. The only responsibility for this body is determine whether or not the petitioners are 100% owners. Once you determine if they are 100% owners, you must pass the question. Good afternoon. I'm Sally Childress. Um, I'm representing um, Larus Larus Holdings in this improvement district. I'd love to answer any of your questions. I can explain what an improvement district is if that's if that's how you want me to start or I can take questions. Would you please? Absolutely. So, the way I like to explain improvement districts is think of them a lot like a property owners association. It kind of works as the same function. It's an entity. It's a funding entity and it allows um developers to develop roads, develop sidewalks, common areas, water, sewage, all that. And they actually will put this amount of money that they need based on how many lots and what improvements they're going to do. They assess a value of those and then that is paid through your real estate taxes on your property, your property taxes that come through. So, it operates the same as a property on association where it's a a board and where money flows in or money flows in every year and then that is used for improvements and maintenance of the uh district. And then the only difference is is there's a little bit more protection on the developer side because instead of having to try to enforce a property property owner association or develop insurance um they are actually it's gone through real estate taxes. So, you are a second lean holder in the federal government. So, if you don't pay that, your house gets foreclosed. Same thing, you don't pay any of your taxes. So, it allows for developers to develop um to cut down on their cost in developing. It's still costing them, but it's costing all of that upfront money is put off onto a third party that helps provide the funds and it's paid through that bond. What maintenance or what what

what services you going to provide after construction? And I mean that's upkeeping the um you know the sidewalks or the uh there's common areas, you know, dog parks, pickle ball courts, uh ret retention ponds, um pretty much every and and for the first year, you know, they will maintain everything. Um and then once the city us the cities usually come in and take over maintenance of the of the roads and things of that nature, then it's for the general upkeep of the um district. if that's going to be a, you know, power gate or um kind of everything that has to do with the neighborhood that no individual specifically owns the district. I'm sorry. It was like some of the other ones in the papers security guard guard house. Is this similar to what haven't tower gave? Well, this won't be a gay community. I know. I don't know if that's included district or HOA. So, this similar to similar HOA. Yes. POA HOA. They're interchangeable. Yes. Very similar to that. adds just a little bit more protection on the contractor or the developer side. And it it also provides for a investor to come in and kind of still get some value out of this district because it's paid on over a 30-year bond usually at a 7% interest rate. And so that uh the bond buyer will actually pay the developer to do all the developments and then that um that bond amount would be paid back over 30 years to the property owner's real estate taxes. Does the city have to take over the district or can can the property still maintain the after the year is up? Well, the city won't take

over the district necessarily. Usually the cities take over the maintenance and upkeep of the roads in the in the subdivisions, but the board there will be a board of commissioners that will be appointed and we put in the petitions that usually developer has him and a few others that are on there until the property own the the lot buyers buy up all the lots and then they'll make their own. So, so the lots then, but how how are we going to notify how will the new owners of the home in four years and be ready to sell it? Will they be notified that there's an extra tax that nobody else is paying? You know, sir, it is it there's no extra notification. Um, they will let me take that back. I'm not 100% sure if there is in the closing documents when you buy it if you do have to bring that up. I'm assuming you probably do. I don't ever handle that side. Um, but the the notice requirement is only for the property owners at the time the district is born. I'm sure that it be disclosed. Yeah, I'm sure it's disclosed somewhere. I' I've not personally seen that side of the transaction. So, I can't I can't disclose everything else. Yeah. So, then we'll take over the the maintenance of the roadway, but you all still be responsible for sidewalks or what? I'm I'm not 100% sure. It depends on what all the city takes over and what all is left for the um developer to maintain. You can find that out. Sure. Uh yeah, I can ask. I mean, you say there's going to be a park there. I don't know anything about the construction plans. I'm simply doing the formation of the district, so I can't speak to. So, you're saying this could be could be. Yes, sir. So, we're not talking about pickle ball or anything like that. No, I was just giving you examples. No, sir. That was just some some other districts I've done. Those are some of the we have talked to the developer about designating a certain portion

or two inside as a park to give us some protection for some other issues. And so they have to be 100% owned by this person asking for it. Was Larouche holding and there was a title search completed at the time of the addition and it is has been determined does own all the property. [Music] So we're just and you're you're saying that we don't have any say except for proving the fact that they're 100%. Right. So the way the statute reads is the council and the mayors to present this to council. Council will make a determination as to whether or not 100% owners. Once they do, orders must be why we're even talking. Well, I wanted to come and answer y'all's questions, too, because this is we do a lot of the I'm from Selen County is where I practice and we do a lot of these improvement districts. pretty much any any subdivision over 25 homes is going to get one of these. And it really helps um stem development because the contractor the developer can save a little money out of his own pocket which saves the buyer of the lots a little bit of money as well. So, I just wanted to come and introduce myself and um kind of explain to you how these work. And I probably butchered it a little bit, but um these are a great tool and a lot of uh counties are utilizing them and I'm just trying to spread it as far as I can. So, this will come back to where it doesn't go. This is the way that things are done. I've got eight of them going right now. It helps the fluctuation of pricing helps on that. You're right. It's a matter of it comes with it was automatic, but the state law says that's how we do it. Well, we just didn't understand that. Exactly. That's why we brought back that statute. To be fair, governor, mayor and I didn't

either. That's why we had Zoom meetings with him because we were skeptical and hesitant and we had all these questions as well. So glad he was here today asking questions. Is there any other questions? With that, thanks sir. With that, I'd have a motion to approve off the first reading. Motion we have a second roll call. Council member Brook. Yes. Council member Ripple. Yes. As a guest. So we get an affirmative. Yes. I guess so. Yes. Just want to make sure. Council member Hall. Yes. And mayor. Yes. Ordinance 202512 has passed it first reading. Council on entertain a motion to wave the uh suspend the rules for second and third reading. Uh motion a motion. We have a second and a second. All in favor say I. I. I. Opposed. Motion carries. Council maintain a motion to approve uh ordinance 2025-12. Motion. A motion. We have a second. Second. Roll call, please. Council member Ripple. Yes. Council member Hall. Yes. Council member Brook. Yes. Mayor. Yes. Council ordinance 202512 has been approved. August 3rd has been approved. Council I entertain a motion for the emergency clause. Motion. Motion. We have a second. Second. We have a second. Roll call, please. Council member Hall. Yes. Council member Brook. No. Council member Rubble. Yes. Mayor, yes. But it does not pass two vote. laws are not in effect 30 days. Would that be an issue? We waited this long. Yeah, I think they're itching to get it going. What is

the What is the purpose of the emergency effect right away? Passion. Okay. Oh, no. I think I don't think that. Okay. Then it goes and it's approved as a third reading approve and it goes back a question. [Music] All right. Well, thanks sir. Thank you. Thank you. [Music] Next on the agenda is an update on the 50 acres that we talked about the lease that we have for payments. If you remember last time there was a discussion about you know we're getting appraised how much is it worth and we want to do this that the other and I think council member asked about conservationist coming in so I did contact them if you look on the screen let's see that's the property right there that's where the oil heads up yes sir possible uses solar farm not likely I have been in contact with first It's too much. It's 50 acres. Their solar farm that event is I'm sorry I can't hear you. Can we turn the unit off so we can hear out here? Oh, sorry. [Music] I'll try to talk louder. [Music] Anyway, uh solar farms are unlikely. The first type of solar farm in Benton is 5 acres. This is 50 acres. It's way too big for them. U and it just is it goes to substations as a conservationist drew up this drawing for us that shows half of it as solar farm and the front half again 31 north as a pollinator and and all kinds of wild

flowers and put back to nature. That's a possibility but again we're not going to get a solar farm out there at this point. So we have a possible uses and we don't make decision tonight. This is just up for information like let's return it to a national habitat just let it ride or lease a frame like we have been doing and we currently getting 750 a year which is $15 a day or this couple good behind talk to us about talk to me about a lease purchase possibly and we can talk about that or maybe sell it outright once the appraisal comes in the uh appraiser has been done but it been done for so I don't want to appraise for and we also have probably protect the wellhead. Although that's a closed pump or a well that we have there. I think we still have an obligation probably by some federal directing rules about to protect there. So we have to be mindful of that. This is information just out for your for information as we continue to process through this. Um depending what the appraisal comes through, I may call a special meeting next month or later on this month to take some action on this. I'm not sure. We'll see what that comes up. Anyway, anybody questions? Exactly. It's called dog road. All right. Next on agenda is ordinance 202513. Read title, please. an ordinance revoking and replacing several ordinances listed and providing for the adoption by reference of several technical codes listed and for other purposes. Council, we had a chance to look through the ordinance. Uh this basically is a cleanup ordinance. We're taking a bunch of ordinances that have technical references all over the place and bring them to one one ordinance temple. And by technical reference, by

law, we can just simply say that by technical reference and have ability for people come in and read those if need be. We do have those. We're all online now. So, it's not a big issue. Any questions? Any comments? And I have not been asking about any comments on this. Okay. We'll let you know if we do. Thank you. As always, we'll let you know. We do know every problem that didn't s. So we have a motion for first reading. Motion Rob motion and Casey second. Okay. Anyway, so we have a motion second for first reading of 202513. Roll call, please. Council member Brook. Yes. Council member Rubble. Yes. Council member Hall. Yes. And Maker. Yes. I entertain a motion to suspend the rules on the second and third reading. Motion motion second. We have a second. All say I. I. I. I entertain a motion to approve uh order 202513. Motion. Motion. We have a second. Second. Roll call. Please. Council member Ruth. Yes. Council member Hall. Yes. Council member Brook. Yes. Mayor. Yes. Orders 202513 has been approved. It be effective in 30 days with no need for next agenda is ordinance 20254. We talk please an ordinance accepting the annexation of certain territory to the city of w Arkansas making same a part of the city of w Arkansas assigning same towards and zoning of said annex territory. Picture on the screen. This is the north end. That's not the north end. Top end

for sure. Uh they're on on the stage coach road is phase four of this. Uh they want to develop that and they are contingent with the city. So we're asking to bring in city services. We have a motion for first reading. Second and a second. Roll call, please. Council member Hall. Yes. Council member Brook. Yes. Council member Rubal. Yes. And mayor. Yes. 42514 has been approved on it first reading. Is that a motion to suspend the rule for second and third? Motion. A motion. Second. And a second. All in favor say I. I. I. Motion approved. I entertain a motion to approve 202514. Second. Motion. Second. Roll call, please. Council member Brook. Yes. Council member approval. Yes. Council member Hall. Yes. Mayor, yes. 424 2514 has been approved. We have effective 30 days. Thank you. Next on the agenda is ordinance number 202515. An ordinance establishing an electronic funds payment system for the city of Port Arkansas. and the city of war water and sewer system declaring an emergency and further purposes. Yes, this is a uh just a clean up of what we're allowed to do and uh coordin HR finance directors. She can answer any questions we have, but this is allows us to electronically pay by no input. I'd entertain a motion to approve ordinance 202515 on the first reading. Motion a motion for a second. Second.

Roll call, please. Council member Ruple. Yes. Council member Hall. Yes. Council member Brook. Yes. Mayor, yes. 2025 has been approved on first reading. I entertain a motion to suspend rules for second. Third reading. Motion. Second. Motion. We have a second. Second. All in favor say I. I. I. We had a motion to approve ordinance 202515. Motion. Have a motion. A second. Second. Call please. Council member Hall. Yes. Council member Brook. Yes. Council member Rubble. Yes. And yes. A motion to declare emergency clause. Motion. Motion. Second roll call, please. Council member Brook. Yes. Council member Rel. Yes. Council member Hall. Yes. Mayor. Yes. As a member. Next on agendong. [Music] [Music] retations. A resolution authorizing the mayor and or city clerk to enter into an agreement with bond consulting engineers to manager the water tank repaint and clean project. It's continuation of the

project we're doing with bond engineering. This is the second phase. Entertain a motion to approve resolution 2025 as 125-9 as amended. Motion motion. We have a second. All those in favor say I. I. I. Carries. Next on agenda is resolution 20 2520. A resolution authorizing the renaming of the Ward City Sports Complex to hereafter also be known as the Dawn Dude and Margie Space Memorial Park. And there's a sign that we're the 4x6 sign. We're going to have to put up as you go into the park, the entryway and the exit coming out at that triangle down there. That's where we're going to this side. November council, you approved this last month. This is a a formalization of this discussion. If not, I entertain a motion to resolution 202520. Motion second. Favor say I. Any oppose? I pardon me. You oppose. I want to ask you Jason, what are your proposes? Pardon me. Okay, I'll bring this back up for a vote next month. Resolution

202521 is next on the agend. A resolution certifying utility service company Inc. as the low bidder and authorizing the mayor and or city clerk to enter into a contract with utility service company Inc. and to sign appropriate documents for the ward water storage tank repair and clean project. Council, this is a a result of the bid process, second bid process we did on these tanks. First one came in at 616,000. This one came in at 491,800. So save about $109,000 when we bid it. But the nobody bid on the demolition of the the other tank. So, we're sending that back out as a standalone bid because I did have an inquir about that after the fact. So, we're going to send that back out and see how that comes back in. But, we can go ahead and move forward with the other three tanks. Are we obligated to the the tank? I mean, it's kind of a it's kind of a nice thing sitting there, Bill. Well, it's either well either we demo demo it or we repair it to what the inspection said otherwise we might have liability issue at some point. So what we're going to do is we're down for bid again for demolition. So what those come in those come in higher than what it cost to repair it and we'll come back and repair it. But it's the tank that we can bring it down today house. That's a problem. It's a problem and we really don't need it right now. Might be cheaper to fix uh resolution 202521. Any other discussion? A motion to approve. Motion second. Second. All in favor? I oppose.

Continue on. Thank you. my mayor's report. [Music] Let's see. Sidewalks phase four chant clear and castle tune areas. Uh we are having an issue with one property owner with a rightaway issue. I need 10 square ft and they are bulking at it. Uh we've been in negotiation and talking with them and they have asked for $500 and also additional safeguards against flooding city attorneys working on that side of it. I need a motion to allow me to negotiate with this owner on that 10 square foot and see if I get them down or we end up paying $500 to get this project going. Motion lost. Sorry. This uh phase 4 there's a portion of sidewalk that is has to go outside the eastment. So I need literally 10 square feet of these people's yard. I guess there were phase four Castleton Chantelier the orchard area and part will allow not allow us to move forward until we resolve this rightway issue. Pardon me. [Music] It's just right outside the east. They can't move it around because I'm not an engineer. But anyway, I got a motion. Do I have a second? Second. All in favor say I. I. Any opposed? All right. Sidewalk uh S five project. We're still waiting for our drop to approve the 90% drawing on reduced scope. Uh the sidewalk 36, which is the overcross at Cook Street, not Cook

Street, Mor Street, has been submitted. Uh the wastewater board rehab bond engineering has continued to work with department of health. Even though they sent that update, they said they questions back and forth back and forth that tank rehab. We talked about that already. Uh the 2025 overlay of final crossing Campbell Street opening is July 1st. The council room after we get done here take a look at the council room. It's come off quite well. We should be done by the end of the month. Should be able to hold the July council meeting in the updated room. The street a committee meets tomorrow at 10:00 a.m. They don't release until December what their plans I don't believe. So I'm not sure when we're going to know about that. Uh the sports complex LED replacement project we uh put in for replacement of LED lights grant project and was disapproved. So they've opened it up again for additional funding and I got a call that this would be a good project to put back in. So I need a motion or any approval to go ahead and resubmit that motion. Motion have a motion second. Oh, sorry. All in favor say I. I both carry. Thank you. The vehicle body and vehicle cam red. I know the chief's working with the vendor and we've got some cameras in. We paid them check off today. So we can vote on that. The live feed camera is still open. Probably won't be deployed till October. UDL has been updated and will be presented to planning commission next Monday. We have possible proposed public hearings on July 10th and 12th. And the uh landmines is working on that. I've got that information. SH plan is still on hold for a metro plan because we got everything going and we have working on the RFPs for two EV cars and two EV chargers that we've been approved for

and the AG append and I put through for House Bill 1416 has been submitted but I haven't heard anything from the AG and then we have a $1 million CD that's rolling over again this month. We don't know what the terms are yet to next month but I need to go ahead and get that roll that over there. A motion. Motion. Second. Second. All approve. Very good. Is there any uh public comment on agenda? Hear none. Is there council comment on any of the items? Hearing none. City office is closed on June 10th which is this Thursday. Plan convention meets 20 to 23rd. City office is closed for July 4th. But we'll all be working because live celebration food drive music vendors rides and fireworks and then public hearing potentially on July 10th and 12th and next city council meeting July 15th. We have a motion to motion. Second we are St. [Music] See where we're at now. passport. Yeah.