Not time for fireworks, yet

Even though Independence Day is next Sunday we are already hearing the sound of late-night fireworks explosions. According to a 2019 City of Alexander ordinance the discharging of fireworks is allowed on July 3 and July 4 from 12:00 PM (Noon) until 10:00 PM.

The use of fireworks:

“No parent, guardian, or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision.” The ordinance also states the, “possession or discharge of fireworks” as, “prima facie evidence of the knowing permission or consent of such parent, guardian, or custodian.” In other words you’re responsible for the actions of the child whether you know what they’re doing or not. In Arkansas the age of majority is 18 years old.

Where:

The ordinance limits the discharging of fireworks, “on private property of the owner, by the owner and immediate family, when discharge is in a safe and sane manner.” “Safe and sane manner,” is defined as, “actions which do not endanger life, limb, or property of those in the area of the discharge.”

Fireworks may not, “be discharged within the boundaries of or within three hundred feet (300 ft.) of any public park owned or maintained by the city.” Also, fireworks may not be, “discharged upon any public street, alley, road, or right-of-way,” … “under or upon a motor vehicle, whether moving or not, or within three hundred feet (300 ft.) of any gas station, gas, oil, or propane storage facility, or other area which is highly flammable in nature.” Fireworks also may not be discharged if the Fire Chief has issued a burn ban due to drought or other conditions.

Clean up when finished:

The revelers are also required to clean-up the mess. The ordinance states, “Any individual, firm, partnership, corporation, or association discharging fireworks under this ordinance shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or ‘dud’ fireworks, and the associated debris from the area in a safe manner.”

Fireworks defined:

The ordinance provides a definition of fireworks. Besides the legal and technical definition, examples of what constitutes fireworks is provided. The list includes, “sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel them, firecracker, torpedoes, sparklers, or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablet or other device containing an explosive substance.”

Enforcement and penalties:

Police, fire and code enforcement officers are given the authority to enforce this ordinance. They also have the authority to, “seize, impound, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, sold, or in the possession of any individual, firm, partnership, corporation, or association in violation of this chapter.” Penalties start at, “a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500) for a first time offense, a fine of not less than two hundred dollars ($200) or more than five hundred dollars ($500) for a second offense, and a fine of not less than three hundred dollars ($300) or more than five hundred dollars ($500) for a third or subsequent offense. Each day of a violation constitutes a separate offense.”

The ordinance also covers payment for damages and the cost of any services provided. “Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as part of any conviction for any violation,” it states. Also, “The court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction.”

Selling Fireworks:

Fireworks cannot be sold within the city limits without the purchase of a, “Privilege license.” Contact city hall for further information.

Only one action item at Alexander council meeting; Still took nearly an hour

Even though Alexander council members only had one item on the agenda that required a vote, the June 21 meeting still took nearly an hour. Most of the meeting involved verbal reports.

Council members approved an ordinance establishing a new petty cash fund as required by a state audit. According to Mayor Paul Mitchell the city just completed its required annual audit for 2020 and that was the only item the auditor wanted corrected.

The ordinance replaces a resolution, which established a petty cash fund in 2016. The new ordinance sets a dollar amount of $100 for “Cash Register at Front Window,” $200 for “Change Fund and Small Expenditures” and $1,000 for “Police Purpose.” According to Mitchell the $200 is an increase over the $100 established in 2016.

Reports given during the June 21 council meeting:

Update on City Park property dispute

City Attorney Lana Fraser gave a brief update on a legal dispute involving the section of the city park containing the gazebo and water fountain. What city officials thought was city property turns out to be owned by David W. Jacks. The city had been mowing the grass for many years and most of the improvements were made since 2015.

Fraser said her research shows Jacks hadn’t paid the property taxes for several years. He then paid in full in 2016.

“It’s understandable you thought it was city property,” she said.

Fraser has suggested using Eminent Domain to take ownership of the property. She told council members she needs to get a certified appraisal and have the property surveyed. Mayor Paul Mitchell said the city has an engineering firm they’ve worked with in the past that can do the surveying.

Council members given homework assignment for July meeting

Near the end of the meeting City Treasurer JoAn Churchill gave a summary of a, “Proposed Amendment to 2021 City of Alexander, Arkansas Budgets.” The proposed budget amendment was provided to council members to study before voting on it at the July council meeting.

The main item Churchill highlighted in her comments is the sections covering pay. Churchill explained that each employee is being paid based on a grade level. According to a chart provided in the budget amendment, the city has 10 grades and eight levels per grade. She said the annual dollar amount shown for each pay grade is not necessarily the amount that will be spent, due to the different number of employees assigned to various pay grades and levels.

Planning Commission report

Planning Commission Chairman Michael Huck reported on issues which occurred since the last council meeting. He also reported on the commission’s meeting with Metroplan representatives during the June 8 commission meeting.

* Huck said he was contacted by someone looking for a location in the city to place a Verizon cell tower.

* Ample Storage, located along Highway 5, is preparing to build on property that was annexed by the city in 2019. Huck said the parcel needs to be zoned Highway Commercial. He said Ample Storage is planning to build indoor vehicle storage units on that location. Drawings for the planned construction and a zoning request must come to the planning commission before any construction can begin.

* Huck gave council members a printout of the planning commission’s new web page. The page can be found on the city’s website. (Click link https://www.cityofalexander.com/planning-commission/) The page includes the names of commission members, the meeting schedule and links to documents that can be downloaded.

* At the planning commission’s June 8 regular meeting commissioners met with Metroplan’s Bernadette Rhodes and Hans Haustein. They were there to explain the next step in writing a Master Development Plan for the city. The first step was the writing of a Planning Studies Report, which was given to council members at the June 21 council meeting.

Huck said the planning commission was given a “Scope of Work” document that details the responsibilities of both Metroplan and the city. A copy was provided to each council member.

The first item listed as a joint-effort is to, “Draft a public survey.” But, before the writing of the survey can begin Mayor Paul Mitchell must sign-off on the Scope of Work plan. Mitchell said he needs to get with Metroplan to have some questions answered before giving approval.

Huck asked help from city council members on another item in the Scope of Work. The city must form a, “Citizen Advisory Group.” The Advisory Group, working with the planning commission, will take part in developing the master plan. Huck said after sending out press releases he has received only one query from someone in St. Joseph’s Glen. Another came from someone with an Alexander mailing address but living outside the city. Huck asked council members to, “Beat the bushes” for volunteers.

* Huck saved two items for last in what he called the, “Permissions Section” of his report. He asked council members to approve mailing a revised version of the Planning Studies Report to three property owners who do not live in the city; and to allow the city attorney to establish the city’s legal liability concerning Bills of Assurance for the 10 subdivisions which make up what is now South Alexander, formerly Woodland Hills.

Council members were provided a copy of the reworked Planning Studies Report entitled, “A Developer’s Guide to Alexander, Arkansas.” Huck said it’s the same information that’s in the Planning Studies Report minus Metroplan’s suggested actions to be taken by the city. Two of the properties are large pieces in the city. The third location is along Highway 5 between the Alexander and Bryant city limits. Two of the owners are in Little Rock; the other is in Nash, Texas. Huck noted he has already E-mailed a copy to a realtor who contacted him concerning a zoning issue. Council members agreed to the request.

On the Bill of Assurance issue; Huck told council members he was contacted by a South Alexander resident claiming the recent approval of a Conditional Use Permit, to set up a food trailer at the corner of S. Alexander Rd. and Alton Dr., is illegal. The individual did not attend the public hearing for the Conditional Use Permit.

A Bill of Assurance is a legal document that establishes how property can be used after it’s been sold to an individual. Bills of Assurance are mainly used when developing a subdivision to maintain the original design plan after the subdivision is completed, especially when the subdivision is outside a city limits. In the case of the Bills of Assurance for the 10 subdivisions that made up Woodland Hills, now South Alexander, aside from a handful of lots most of them were designated for single-family housing.

Huck said he has read some of them online and is waiting to receive paper copies. From what he’s read there is language that allows for a property owner to get permission to use a lot for purposes other than residential use. However, Huck noted, many of those people or entities that would have dealt with a request, “are long gone.”

The subdivisions were established from 1966 to 1986. Woodland Hills was annexed by Alexander in 2006.

Huck asked if he can have City Attorney Lana Fraser research whether the city is legally bound to follow the Bills of Assurance restrictions and if there is a legal way to end them, allowing the city to enforce its zoning regulations and plan future developments. He was given permission to work with Fraser.

The next regular meeting of the Alexander City Council is Monday, July 19 at 6:00 PM in the courtroom at the Municipal City Complex. The public is invited to attend.

Alexander City Council meeting TONIGHT!

The Alexander City Council’s regular June meeting is scheduled for tonight; Monday, June 21. The meeting will be held at 6PM in the courtroom at city hall. The public is invited to attend. Covid-19 restrictions have been lifted.

Alexander needs volunteers for Citizen Advisory Group

The City of Alexander Planning Commission needs volunteers to staff an advisory group. The Citizen Advisory Group, working with the planning commission, will take part in writing a new Comprehensive Master Development Plan based on their interpretation of survey results and public outreach. The current plan dates back to 1982.

Metroplan, working with members of the Alexander Planning Commission, will compose a public survey. The survey will determine how residents perceive the city’s current and future growth needs.

The Advisory Group will take part in both meetings with the Planning Commission and public hearings with city residents. Advisory Group members are expected to provide input for the Master Plan based on not only their own experiences, but discussions with residents as well.

According to Metroplan the makeup of the advisory group should, “Aim for diversity in age, sex, race, and ethnicity.”

Planning Commission Chairman Michael Huck says, “Providing that information when submitting an application to join the Advisory Group will allow the planning commission to insure a wide mix of city residents.”

Anyone who wishes to volunteer for the Citizen Advisory Group should contact either the mayor or planning commission chairman. Mayor Paul Mitchell’s email address is mayor@cityofalexander.com. You can contact Planning Commission Chairman Michael Huck at pcchair@cityofalexander.com. Or, you can mail in an application to join the group by sending it to, Mayor Paul Mitchell, PO Box 610, Alexander, Ar. 72002.

According to Metroplan’s proposed schedule, the Master Development Plan should be completed in February, 2022.

Public Survey next step in Alexander Master Development Plan, volunteers needed

Alexander Planning Commission members listened to representatives of Metroplan as they explained the next steps in writing a master development plan for the city. Metroplan’s Bernadette Gunn Rhodes (Community Planner) and Hans Haustein, GIS (Geographic Information System) Planner and Performance Measure Coordinator, explained the various next steps involved in writing a comprehensive plan. The city’s current development plan dates back to 1982.

At the planning commission’s June 8 regular meeting members were given a “Scope of Work” document that details the responsibilities of both Metroplan and the city. The first item listed as a joint-effort is to, “Draft a public survey.” Once completed, it will be up to the city to get the survey out to Alexander residents.

The city must also form a, “Citizen Advisory Group.” The Advisory Group, working with the planning commission, will take part in developing the master plan based on their interpretation of the survey results and “public outreach.” There will be at least one, possibly more, meeting for the general public to express their desires for the future development of Alexander.

Anyone who wishes to volunteer for the Citizen Advisory Group should contact either the mayor or planning commission chairman. Mayor Paul Mitchell’s email address is mayor@cityofalexander.com. You can contact Planning Commission Chairman Michael Huck at pcchair@cityofalexander.com. Or, you can phone city hall (501-455-2585) and speak to either the mayor or leave contact information to volunteer for the advisory group.

According to the Scope of Work the makeup of the advisory group should, “Aim for diversity in age, sex, race, and ethnicity.”

Providing that information when submitting your application will allow the planning commission to insure a wide mix of city residents.

The Scope of Work also establishes deadlines. By July the survey is expected to be sent out to the public and the Citizen Advisory Group should be formed. In August, a public meeting is expected to be held to announce the results of the survey and to hear “ideas” from residents concerning the planning of Alexander’s future.

Following the public meeting Metroplan will evaluate the feedback from residents and develop “[L]and use and transportation scenarios.” In September the Citizen Advisory Group is expected to meet to develop recommendations to be sent to Metroplan by October. Metroplan will then, “Begin drafting concepts for the plan.”

By November, Metroplan expects to have the first draft of the plan completed. It will then be presented to the planning commission and city staff for review and comment. In December, Metroplan will revise the plan draft based on comments made at the November meeting.

This process will then move into 2022. The latest plan draft will be presented at a town hall style meeting in January to hear comments from the public. Any necessary revisions will be made and a final draft should be completed by the end of January. If all goes well the planning commission and city council are expected to adopt the development plan in February, 2022.

Metroplan is a quasi government agency dedicated to providing general planning, mapping, and technical assistance to local governments in Central Arkansas. It’s major role is to work with local governments, the Arkansas Department of Transportation, and local transit providers to determine transportation needs and funding priorities for Federal transportation investments. Alexander pays an annual fee to be a member of Metroplan, allowing the city to take advantage of its services.

In the Chairman’s Report during the June 8 meeting, Chairman Michael Huck told commission members there’s nothing new to report on the plan to rename N. Alexander Rd. and Alexander Rd. to N. Main Street and rename E. 3^rd St. and S. Alexander Rd. to S. Main Street.

He also reported that Ample Storage, located along Hwy. 5, will be requesting a zoning change for a 1.73-acre parcel that was annexed into the city in 2018. The parcel will be rezoned from Open Space/Recreation to Highway Commercial.

Huck said he was contacted by someone wanting to locate a Verizon cell tower in the city.

Commission members were also told about Mayor Paul Mitchell’s discussions with the Arkansas Department of Transportation (ArDot) concerning the Hwy. 111 turn at E. 3^rd St. and Alexander Road. During the May council meeting Mitchell told council members he is trying to get ArDot to add a right turn lane from Alexander Rd. to E. 3^rd St. traveling south, widen the intersection, remove the stop sign for traffic on E. 3^rd St., and add stop signs for cross traffic on Alexander Road. The goal is to keep Hwy 111 traffic moving, eliminating the back-log of traffic, which occurs for drivers traveling north.

Alexander planning to review next step in comprehensive development plan

The Alexander Planning Commission is preparing to take the next step in writing a comprehensive development plan. When completed the plan will help guide city officials, both present and future, in how the city develops. At the upcoming June 8 meeting representatives from Metroplan are scheduled to explain the next step in the development writing process.

The next regular meeting of the Alexander Planning Commission will be held Tuesday, June 8 at 6:30 PM in the courtroom at city hall. The public is invited to attend. All Covid-19 restrictions have been lifted.