Council questions need for new sign ordinance

Proposed municipal ordinance tabled indefinitely

Wednesday, October 10, 2012

— City council members approved two ordinances - one to amend the city code and another to split a tract of land for SWEPCO, making it possible for the city to build a fire department substation - and two resolutions - one to set the city’s millage rate for 2012 and the other to set a hearing to vacate portions of a street.

With rules suspended, the council unanimously passed an ordinance on three readings with a single vote to amend the city’s municipal code to correct errors in the codification of the city’s ordinances. An attached emergency clause was also passed unanimously.

The ordinance removes a section on open burning and corrects or amends sections on general penalties, non-operating vehicles, bicycles and skateboards on Main Street, street naming and numbering, and districts.

A significant change allows the city to amend water and sewer rates by resolution rather than by adopting an ordinance to amend the existing ordinance. The change makes it possible for the council to adjust water and sewer rates with a single vote by resolution and also makes it unnecessary to pay for the publication of the ordinance each time the city makes an adjustment to rates.

Lot Split

Also passed on three readings with a single vote was an ordinance splitting off one acre of land from SWEPCO property located west of Taylor Orchard Road and north of Marion Lee Road. SWEPCO has donated an acre of land to the city for the building of a fire department substation on the corner of Marion Lee and Taylor Orchard Roads.

More than $54,000 is available in the Act 833 account for firefighting equipment and stations, with an anticipated $3,000 more coming into the account each quarter. The Cherokee City substation, which was paid for by the county, cost approximately $65,000 to build, according to Gentry Mayor Kevin Johnston. Building of the substation would provide improved coverage to Ozark Adventist Academy, the Flint Creek Power Plant and residents in the southern portion of the city and fire district.

Sign ordinance tabled

A 10-page sign ordinance, in the making for years, was tabled at the Oct. 1 council meeting after receiving no motion to pass it. The proposed ordinance prepared by the planning commission at the council’s request has been passed back and forth between the council and the commission a number of times.

David McNair, the city’s building inspector, told council members the question was raised at the planning commission: “Do we really need this?”

Councilwoman Janie Parks said the initial reason for requesting an ordinance change - signs not removed from closed businesses - wasn’t evenaddressed in the proposed ordinance.

After no action was taken to pass the ordinance and additional questions were raised about some of its provisions, the council voted to table it indefinitely.

The council unanimously passed a resolution setting the city’s 2012 millage at 5 mills for the General Fund, .3 mills for the Fireman’s Pension, and .7 mills for the Voluntary Park Maintenance. The resolution further states that “the millage for the personal property tax for the three funds shall be the amount established by Amendment 59, but in no event shall be less than the millage rate for the real property tax.” The resolution is required but does not change the millage rate from last year.

A resolution was adopted which sets a hearing date of 6:30 p.m., Nov. 5, regarding a petition to vacate portions of streets abutting Blocks A and 6, College Hill Addition, and Block 7, Tuttle’s Addition - land adjacent to the Arkansas Highway Transportation District property along Arkansas Highway 59.

School Sign Request Is Approved

The council gave unanimous approval to allow the school district to erect a sign on city property at the southern end of Otis Street (on the northwest corner of the intersection of Arkansas Highways 12 and 59). The 10-foot-tall sign would include a 4-foot by 8-foot LED display to be used to direct visitors to the Gentry Schools and to provide school and city announcements to the community. Discussion included extending the concrete base slab to keep weeds from growing up around it and puttingup some sort of barriers to prevent motor vehicles from hitting the sign.

No action was taken on the possibility of the city sharing in the cost of the sign or sharing in or paying the cost of utilities for the sign. According to information provided by the sign manufacturer, utility costs for the sign’s operation would range between $49 and $76 per month. Council members discussed the option of paying the full utility bill or paying a set amount per month with the school district responsible for the remainder. Since the sign is not expected to arrive for 12 weeks, the possibility of sharing in the costs of the sign will likely be taken up at a future meeting of the council.

Professionals Chosen

After reviewing qualifications, the council voted to authorize the mayor to negotiate a contract with a professional engineering firm to prepare bid specifications for the Flint Creek Nature Area project (being paid for with an $80,340 grant from the Arkansas Department of Rural Services through its Wildlife Recreation Facilities Grant program).

Civil Engineering of Siloam Springs, Engineering Services Inc. of Springdale and Crafton Tull of Rogers were chosen and the mayor directed to negotiate with the firms in the above order.

The bid specifications will be for repair and cleanout of the existing ponds to make them suitable for fish habitat and fishing, which could include: pond bank area repair, pond cleaning, silt removal and hauling, clay for pond lining, labor to replace and pack clay, water control box, fish habitat, liner, concrete and labor.

News, Pages 10 on 10/10/2012