Alexander Street ordinance three readings override fails, Special meeting scheduled for Friday

In a five to three vote, the Alexander City Council failed to suspend the requirement that an ordinance be read three times before a vote to amend an existing ordinance can be taken. The 2008 ordinance is keeping the city from repairing two streets in the St. Joseph’s Glen subdivision. By law a two-thirds vote is needed to suspend the requirement that an ordinance be read three times at three different meetings; in this case six “Yes” votes.

Since three of the aldermen were absent, which counted as three “No” votes, a second meeting has been scheduled by Mayor Paul Mitchell for Friday, September 25 with the expectation that more aldermen will be present. The meeting will be held at 6 PM in the courtroom in city hall. The public is invited to attend.

The proposed ordinance amends Ordinance 2008-02, passed June 16, 2008. The amending language adds Autumn Cove and the end of Magnolia Glen, located in Phase-7, to the city street system without including any of the other streets in St. Joseph’s Glen.

The original ordinance was needed to establish the "Alexander Municipal Property Owner's Multipurpose Improvement District 86." The ordinance was a legal requirement by the state in order to form an improvement district around the proposed Phase-7 of St. Joseph’s Glen prior to construction. The end of Magnolia Glen and all of Autumn Cove are in Phase-7. A separate improvement district was formed prior to the construction of phases one through six.

Ordinance 2008-02 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 the ordinance states, "[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."

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.

During the discussion of the proposed ordinance that will amend Ordinance 2008-02, Mayor Paul Mitchell said he and an AHTD engineer did a walk-through of Phase-7. According to the engineer Mitchell said the two streets were built with, “One inch of asphalt.”

In a special meeting on August 21 a resolution agreeing to accept the use of up to $250,000 in state aid to repair six city streets was approved. The vote was four to four. City Recorder Sharron Bankhead, who conducted the meeting due to the absence of Mayor Mitchell, cast the deciding “Yes” vote.

The resolution was provided by AHTD 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.”

Knowing the city isn’t responsible for the streets in St. Joseph’s Glen Alderwoman Andrea Bearden has been asking how Alexander can be forced to provide future maintenance to streets it doesn’t own. After passage of the resolution, she E-mailed AHTD officials asking that very question. The bid letting was put on hold, missing the September deadline, until the issue can be resolved. An amended resolution was also on the September 21 agenda but was not discussed since a two-thirds vote could not be attained.

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. Revenue from the tax is being used to upgrade interstate and state highways along with city and county streets and roads.

Besides Autumn Cove and Magnolia Glen the other streets to be repaved are most of Brookwood Road, all of Cornerstone, Kelli Place, and a portion 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 also include the intersection and Magnolia Glen from the intersection east to the cul-de-sac.

Absent from the September 21 meeting were Andrea Bearden, Louis Hobbs and Jeff Watson. Being absent is counted as a “No” vote. Present at the meeting and voting “Yes” were Stephanie Beck, Andy Mullins, Dan Church, Melissa Ratliff, and Lonny Chapman.

Mitchell read the ordinance, which counted as its first public reading. He requested the motion and vote to suspend the second and third readings admitting it was only a “Formality.”

None of the streets being put out to bid were on the original list of streets submitted to AHTD, including the two in St. Joseph’s Glen. In 2014 a committee was established to produce a list of streets, which would be presented to AHTD officials. The list was comprised mostly of streets used by school busses. Committee members knew the list was more than the allotted $250,000. They expected AHTD to make the final choice.

The list was submitted prior to the November 2014 election. Mayor Michelle Hobbs, who was appointed mayor in December 2012, lost her election to current Mayor Paul Mitchell. In December she submitted the current list to AHTD.

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

The issue of the city not having legal control of any of the streets in St. Joseph’s Glen was discussed during a public hearing prior to the March 17 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.

In other business;

In another five to three vote, a motion to appoint Pat Marshall as city attorney failed. Currently Marshall is Alexander’s prosecuting attorney and would have continued in that capacity if the motion had passed. Former City Attorney Kevin Lemley has been hired by the Arkansas Attorney General’s office and can no-longer serve as city attorney. Marshall has been the city’s prosecuting attorney for several years.

Alderman Andy Mullins asked Marshall why she was “Fired” in 2009 by former Mayor Shirley Johnson. Marshall said she wasn’t fired and explained that the court system changed in 2009. There was a pilot program which experimented with having all cases tried in Bryant and using the Saline County Prosecutor’s Office to prosecute the cases instead of each city needing its own attorney. The program eventually ended and Marshall was rehired as Alexander’s prosecuting attorney.

Mullins and Aldermen Lonny Chapman voted against her appointment. With the other three aldermen absent, that made the five “No” votes. Voting “Yes” were Stephanie Beck, Dan Church and Melissa Ratliff.

After the third reading of an ordinance entitled “City of Alexander Solid Waste Assurances Ordinance,” it passed by a vote of five to three. The ordinance requires contractors, who are doing construction or renovation work within the city, to submit a waste disposal plan.

The next regular meeting of the Alexander City Council will be held Monday, October 19. The meeting will be held at 6 PM in the courtroom in city hall. The public is invited to attend.