Town Meeting Minutes

March 13, 2012

Minutes of Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD:  Dennis Pinkley, Jordan Sullivan, Kathy Hansen, Darlene Gregory, Kathleen       Shields          
Guest:  Rachel Etoll, Paxton Singleton        
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.

Pledge of Allegiance.
Moment of silence.

Bowen noted correction and addition to agenda.  New business 1.  Resolution 05-12 instead of 04-12; added to new business 12.  Variances

The minutes of February 14, 2012 regular meeting were accepted, as presented, by acclamation.

February 2012 financial report was approved, as presented, by acclamation.  Bowen noted the town’s sales and use tax was again greater than same time last year.

Paxton Singleton, Global Surveying Consultants, Inc., was present acting as agent for both Arkansas and Missouri Railroad and Michael W. Hartwig.  Petitions from both parties were filed with the Town to close and/or vacate a portion of West Orchard in Avoca.  The portion lies west of the east line of the railroad and lies east of the east line of Highway 62.

Avoca Fire & Rescue – No report

Planning - Jordan Sullivan reported the planning commission’s next regular meeting is March 27th.  The final plat and site development plan for Dollar General is on their agenda.  Chairman Sullivan noted the growing pains the commission is seeing.  He suggested a committee made up of council members, planning commission members, planning commission staff and Mayor be formed to address some issues, including permitted uses and re-zoning some areas.  
Zoning - Zoning official, Larry Slingsby, reported a metal garage was built on Tucks Chapel Road without obtaining a building permit.  Property is owned by Harold Bartizal.  Phone messages were not returned and a ‘cease & desist’ order was placed on building today, March 13th.

Committee Reports:

  1. Clean-Up – Spring cleanup will be Saturday, May 12th.  Bowen to post on BC Alert. 
  2. Streets

a. Drainage on Orchard - Rachel Etoll was present to see what plans have been made to keep her property from flooding after running the drainage from Center Street to the south side of Orchard.  Mayor O’Dell reported he has talked with Johnny Johnson Construction and the plan is to cut a shallow, five (5) feet wide ditch/swale extending it past the Scates home. A concrete driveway swell would be poured at Scates. New ditch will be seeded and strawed.  Water will eventually run off the south side of BC 74. Ms. Etoll would like to be kept informed of timeline to get job completed.              

3.   Street and Traffic lights – All in working order  

4.   Park

a. Sign for the depot pavilion is work in progress.

b. Mayor O’Dell reported the dumpster screening is complete and the Town needs to screen the dumpster at Rose Street Warehouse.

c.  Ald. Hansen reported she has been asked to investigate a Frisbee golf course.

d.  Ald. Hansen has been asked to look into a book drop/exchange program.

5.   Town web site – up to date

Business Permits

  1. Bowen reported the following twelve (12) businesses have been issued their business permit renewals for 2012:   Clear Channel Outdoor Inc., Ironwood Shredding, Latham Cabinets Inc., Warpspeed Performance, Good Wood, Inc., Pro-Line Cabinets, Inc., Sunny & Hair, Korte Restorations, Foresee Logging, Avoca Auto Sales, Inc., Hoss’s Mobile RV Repair and J & S Auto, Inc.
  2. Business permit issued to Bobby Rogers for Ya’ll Come Back Antiques & More at 489 S. Highway 62.  Permitted use – antique shop

Building permits

1.  Permit issued to Betty Burradell, 122 Main Street, for 32’ X 34’ concrete driveway.     Existing driveway was gravel.

Unfinished Business:

  1. Bench trial was held March 12 for Town of Avoca vs. Leonard and Mindy Stewart. Judge Green granted a Mandatory Injunction and gave the defendants (Stewarts) ninety (90) days to remove the mobile home.  Judge furthered ordered each side will bear its own attorney fees in this matter.

New Business:

1. Resolution 05-12, a resolution accepting petitions to close and/or vacate a portion of West Orchard Street, was read in its entirety.  Ald. Shields, seconded by Ald. Hansen, moved Resolution No. 05-12 be accepted.  All approved.  Motion carried.  Public hearing will be held Tuesday, April 10th.  Bowen to give notice of the meeting by publication once a week for two (2) consecutive weeks.

2.  Bowen reported she had been contacted by a representative of Lynn Fulton concerning the mobile home fire and zoning on Lester Lane.  The property is zoned B2-Commercial and the structure is more than 60% damaged. Bowen advised they would have to come before the planning commission for a conditional use permit if they had intentions of placing another home on the property.

3.  Abandoned businesses to be added to the listing of abandoned/vacant homes in the town limits.

4.  Security system installation has been started, but not completed.

5. A deep map storage cabinet and tall cabinet for Recorder-
Treasurer office is being made by Latham Cabinets.  Cost - $950    

6.  Draft ordinance for business licenses.  Bowen reported she did not receive any feedback on the draft from the Council and has not had time to work on the ordinance this past month.        7.  Mayor O’Dell reported he has not presented the agreement with Avoca Fire and Rescue for fire service to the residents of the Town yet.      

8.  Bowen reported she had received a call from a prior tenant of Rose Street duplex on how to go about getting a building condemned.  Bowen reported a Benton County Environmental Health Specialist inspected the septic March 13th.

9.  Bowen reported she would like to attend an ACOOP (Arkansas Continuity of Operations Program) training program on disaster recovery plans being held March 26 at NWACC.

10. Ben Kuddes with Crafton and Tull, submitted a written request for two (2) variances for the Dollar General project.  The variances requested deal with Section 10 of the Avoca Zone Code. 

First variance concerns curbs.  Request is to allow no curbs around the perimeter of off-street parking, loading areas and access drives. 

Second variance concerns parking spaces – Request is to lower the required parking spaces from 45 to 30.   After full discussion, Ald. Pinkley moved the parking spaces be based on the total retail space rather than the total square footage of the building, therefore allowing the requested thirty (30) parking spaces.  Ald. Sullivan seconded the motion.  All approved.  Motion carried.

Ald. Sullivan, seconded by Ald. Pinkley, moved the Council table the discussion concerning the variance on the curbing until April 10.  At that time an engineer with Crafton & Tull should be present to answer questions.  All approved.  Motion carried.

11.  Mayor O’Dell would like to commemorate the location of the moving Tomb of the Unknown Soldier.

12.  Bowen will be working from home on Thursday, March 15.

Ald. Hansen, seconded by Ald. Pinkley, moved the meeting be adjourned. All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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