Alexander street repair plan passes with tie-breaking vote; E-mail puts plan on hold

UPDATE/CORRECTION: Paragraphs 15, 16 and 19 have been updated or corrected.

Despite the inclusion of two St. Joseph’s Glen streets, that are not maintained by the city, the Alexander City Council narrowly approved a plan that will use up to $250,000 of state funding to repair six city streets; an approximate length of 1.75 miles. The resolution to adopt the plan had to be approved during a Special Meeting held on Friday, August 21, in order to meet the state’s deadline.

The meeting was called by Mayor Paul Mitchell Friday morning. Later in the day he had an appendicitis attack and couldn’t attend the meeting. City Recorder Sharron Bankhead acted as interim mayor during the meeting and cast the deciding vote.

The issue was also discussed during the monthly August 17 meeting. The matter was tabled allowing the mayor time to find out from the Arkansas Highway and Transportation Department (AHTD) if the city can be required to maintain two St. Joseph’s Glen streets after they are repaired even though there is an ordinance requiring all utility maintenance, including streets, be done by the developers.

The ordinance, passed in 2008, established the "Alexander Municipal Property Owner's Multipurpose Improvement District 86." Passing the ordinance was the final step in a petition process placing Phase-7 of St. Joseph's Glen into an improvement district. Phase-7 contains the two streets in question, Magnolia Glen and Autumn Cove. A separate improvement district was formed prior to the construction of phases one through six.

Ordinance 2008-02, passed June 16, 2008, says the improvement district is being established, "[F]or the purpose of constructing and installing facilities for water works, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation of electric and telephone distribution systems, sanitary sewers, streets, including curbs and gutters, sidewalks together with facilities related to any of the foregoing within said district."

After the completion of St. Joseph's Glen, "[T]he improvement district shall continue to exist for the purpose of preserving, maintaining and operating the improvement(s), replacing equipment, paying salaries to employments (sic) and performing any other functions or services authorized by law," the ordinance states.

Finally, the ordinance stipulates, "The City of Alexander shall not have any obligation to assume the responsibilities for the continued existence, maintenance or control over the improvement(s)."

The ordinance forming the improvement district for Phase-7 was submitted by St. Joseph's Glen developers Michele Baker, Darren Baker and Travis Baker. The original version of the ordinance, written by the developers and their attorney, included language that would require the city to take over maintenance of all utilities in Phase-7 if the developers decided to end their legal responsibilities to St. Joseph’s Glen and its residents. Council members at the time sent the ordinance back to have it rewritten to match the ordinance that formed the improvement district for phases one through six. Phase-7 is the only part of St. Joseph’s Glen that has streets that need to be repaired.

The resolution passed at the August 21 special meeting was provided by the Arkansas Highway and Transportation Department and states, “The City agrees upon completion of the project to assume the maintenance of the right-of-way by City Forces and/or others including utilities and individuals in accordance with the prevailing Arkansas State Highway and Transportation Department regulations.”

This is not the first time city officials have had to deal with the legal issue of getting Magnolia Glen and Autumn Cove in St. Joseph’s Glen repaired. A resolution proposed during the March 17, 2014 regular meeting requesting a federal grant to repair streets in the St. Joseph's Glen subdivision failed by a vote of five to three. The mayor at the time was Michelle Hobbs.

The issue of the city not having legal control of any of the streets in St. Joseph’s Glen was also discussed during a public hearing held 15-minutes prior to the March 17, 2014 regular meeting. Amanda Adair, who represented the state at the hearing, was asked if the city can apply for the federal grant for streets not maintained by the city. Adair said, "No." Alderwoman Andrea Bearden and Alderman Lonny Chapman are the only current members of the city council who were also on the council in 2014.

The funding for this project is being provided by the State Aid City Streets program. Cities are being offered access to this program as part of a temporary gasoline tax extension passed by voters in November, 2011. Voters approved extending the half-cent tax in order to pay for a second $575 million highway bond program.

Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads. Reportedly Alexander is one of the early recipients of the funding. Last year Shannon Hills had four streets repaved with the $250,000. Taking advantage of the situation they paid for another four streets out of the street fund.

The rules for distributing this funding are apparently different than using funding from the Federal government. In a conversation with Mayor Mitchell prior to the regular August meeting he said he knew the St. Joseph’s Glen streets would be an issue so he asked AHTD officials if they are allowed to use this funding for streets not already maintained by the city. He says he was told, “as long as it’s not a gated community,” the funds can be used. After the project is completed the city must maintain those sections repaired by the state.

In early 2014 then Mayor Michele Hobbs told council members about Alexander being next-in-line to receive the $250,000 for street repairs. She also said AHTD officials would review all Alexander streets and AHTD would make the decision as to which ones would get repaired.

During the August 17 regular meeting former Alderwoman Faye McKeon told council members a list of streets was developed based on the bus routes through Alexander. She said the current list that’s included in the bid specs is not the same as the original list and blamed “the former mayor” (Michelle Hobbs) for the change.

Besides Autumn Cove and Magnolia Glen; the other streets on the list are 0.93 miles of Brookwood Road, 0.49 miles of Cornerstone, 264 feet of Kelli Place, and 369.6 feet of 2^nd Street. According to the state’s bid specifications Autumn Cove will be repaved from its cul-de-sac to the intersection of Magnolia Glen. The repaving will include the intersection and Magnolia Glen from the intersection east to the cul-de-sac. All of Brookwood will be repaved from the rail road tracks to Redwood Lane at a width of 20 feet. Cornerstone will be repaved from Highway 111 to S. Shobe Road at 24-feet wide. Kelli Place, located behind Alexander First Baptist Church, will be repaved 24-feet wide from the end of E. 2^nd Street for 264 feet. Finally, 2^nd Street between Highway 111 and Main Street (in front of the firehouse) will be repaved at a width of 20-feet.

After Bankhead read the resolution to the public members of the audience were allowed to comment. Everyone who spoke was for passage of the resolution.

Alderwoman Melissa Ratliff started the council’s debate of the issue by reminding them the only other option is to wait for Alexander’s turn to come around again. AHTD officials are saying that could take up to two or three years.

“It is a long process to get this done, too,” she said. “If we turn down St. Joseph’s Glen we’re risking liability in the future. Not only that but have any of you been through there?”

Ratliff then tried to make a motion to pass the resolution. However, Bearden argued that everyone should be allowed to comment before making the motion.

“You’ve got an ordinance that is blocking you from voting on this resolution,” Bearden said. “You cannot overturn an ordinance with a resolution.”

Bearden then quoted the ordinance.

Alderman Dan Church pointed out, “This is state aid money; this is not city money.”

Ratliff made the motion, which was seconded by Church, to approve the resolution. Bearden, at the same time, was still asking how a resolution can override an ordinance. As she continued to make her point Bankhead began pounding the gavel to silence Bearden.

Voting for the resolution were Stephanie Beck, Dan Church, Louis Hobbs (former Mayor Michelle Hobbs’s husband), and Melissa Ratliff. Voting against were Andrea Bearden, Lonny Chapman and Andy Mullins. Jeff Watson was absent which counted as a “No” vote. With the vote tied four to four Bankhead, as acting mayor, voted yes to break the tie, passing the resolution.

Bearden then tried to argue Bankhead couldn’t vote. Church reminded her Bankhead is acting mayor and can vote to break a tie.

The audience then applauded. Someone yelled out they will, “remember the ‘Yes’ votes,” and, “the ‘No’ votes.”

AHTD was expected to put the project out for bids with a bid opening in September. Construction would more than likely begin in October.

However, one E-mail has now put that on hold. According to a news report from Channel 7, Andrea Bearden sent an E-mail Monday to AHTD asking the same questions she posed during the council meeting.

According to the news report her E-mail says the proposed plan, "...includes two streets that simply do not belong to the city." 

In her E-mail she also states, "The city is being 'strong-armed' into accepting responsibility (of the two St. Joseph’s Glen streets)..."

Also on the agenda for the Special Meeting was the hiring of a new city attorney. That issue was tabled until the September Regular Meeting.