Board of Directors

AGENDA SILOAM SPRINGS BOARD OF DIRECTORS FEBRUARY 20, 2024 BOARD MEETING / 6:30 PM Board of Directors Meeting: Opening of Meeting Call to Order Roll Call Prayer Pledge of Allegiance I. Public Input The public may address the Board of Directors regarding any item on the consent agenda or any city business NOT listed on the Board’s regular agenda. II. Presentations Fire Department: CAAS – Commission on the Accreditation of Ambulance Services III. Consent Agenda A. Regular Meeting Minutes / February 6, 2024 B. Resolution 17-24 / Setting Hearing Date for Easement Vacation / 21000 Block of Davidson Road Regularly Scheduled Items Contracts and Approvals C. Approve Purchase / Electric Department / 20MVA Substation Transformer / Sanil Electric / $1,322,618.68 Ordinances D. Ordinance 24-03 / 1st Reading / Vacation of an Alleyway / 809 E. University St Staff Reports E. Administrators Report IV. Directors Reports V. Adjournment  MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD FEBRUARY 6, 2024 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on February 6, 2024. The meeting was called to order by Mayor Judy Nation. Roll Call: Blair, Wiles, Hunt, Rissler, Carroll, and Allen were present. City Representatives Present: Allan Gilbert, City Administrator; Scott Miller, Police Chief; Kris Paxton, Community Development Director; Barbara Rivera, Executive Assistant; Kevin Moore, City Engineer; Ben Rhoads, Senior Planner; and Meagan Thomas, City Planner. Director Allen led the opening prayer. Mayor Nation led the Pledge of Allegiance. Nation asked if there were any comments from the audience regarding an item not on the City’s agenda. Mary Nolan, Director of Operations, Siloam Springs Museum came forward. February 24th from 10:30 to 12:00 will be Kids Day with Amazeum where children can learn the art of paper quilling. Please register your children for the event or call the museum with questions. On March 2nd from 6:00 to 8:00 Steve Garrett will speak about “The Endangered Ozark Giraffe,” which refers to the giraffe houses we see in our area. The event will be held at Olive & Opal and no registration is necessary. Arthur Hulbert, President, Chamber, announced a February 15th candidate forum from Noon to 1:00 at the Siloam Springs Public Library. The mayor asked if there were any comments from the audience regarding an item on the Consent Agenda. No one came forward. Consent Agenda A. Regular Meeting Minutes / January 23, 2024 B. Resolution 12-24 / Special Use Development Permit / Short Term Rental / 504 East Franklin A motion to approve the consent agenda as presented was made by Allen and seconded by Carroll. Motion passed unanimously. Item C: Ordinance 24-01 / 3rd Reading / Vacation of a Utility Easement / 816 East Main Street. Kris Paxton briefed the item. A motion was made by Hunt and seconded by Rissler to place Ordinance 24-01 on its third reading, suspending the rules and reading title only. Motion passed unanimously. An ordinance entitled: Board of Directors Meeting Minutes Page | 2 February 6, 2024 ORDINANCE NO. 24-01 AN ORDINANCE VACATING AND ABANDONING A UTILITY EASEMENT AT 816 EAST MAIN STREET; was read on its third reading. A motion to adopt Ordinance 24-01 was made by Carroll and seconded by Rissler. Motion passed unanimously. Item D: Ordinance 24-02 / 3rd Reading / Amending Section 102-21 of the City Municipal Code / Rezoning from C-2 to R-4 / 4290 Cheri Whitlock Drive. Kris Paxton briefed the item. A motion was made by Allen and seconded by Carroll, to place the ordinance on its third reading, suspending the rules and reading title only. Motion carried unanimously. An ordinance entitled: AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING (FROM C-2 TO R-4) PROPERTY LOCATED AT 4290 CHERI WHITLOCK DRIVE; AND AMENDING THE FUTURE LAND USE MAP OF THE SILOAM SPRINGS 2040 COMPREHENSIVE PLAN; was read on its third reading. A motion to adopt Ordinance 24-02 was made by Allen and seconded by Rissler. Motion passed unanimously. Item E: Resolution 13-24 / Final Plat Development Permit / Somerset Subdivision, Phase 2 / 3000 Block of East Kenwood Street. Kris Paxton briefed the item. A motion was made by Allen and seconded by Carroll to approve Resolution 13-24. Motion passed unanimously. Item F: Resolution 14-24 / Significant Development Permit / 500 Block of South Britt Street. Maegan Thomas briefed the item. A motion was made by Allen and seconded by Carroll to approve Resolution 14-24. Motion passed unanimously. Item G: Resolution 15-24 / Special Use Development Permit / Light Industry / 800 Block of East Jefferson Street. Maegan Thomas briefed the item. Allen asked questions to confirm his understanding of the reason for a special use development permit. A motion was made by Allen and seconded by Rissler to approve Resolution 15-24. Motion passed unanimously. Item H: Resolution 16-24 / Preliminary Plat Development Permit / Oak Brook Addition / 700 Block of West Pittsfield Street. Kris Paxton briefed the item. Subject to one condition for approval, that subject will annex the property into the city limits of Siloam Springs prior to construction on the property. Blair asks when the development will start. Paxton said it depends on when the developer decides to work through the annexation. Blair said she has heard from citizens asking what they are going to do to control the trash during construction. Paxton responds that, after annexation, it falls within our stormwater management area. Also, we will have a construction inspector starting soon that can watch for this. Discussion was had regarding the types of mitigation that would happen. Allen asks how the building traffic will occur and if it would come off Carl Street. He thinks current residents need to be aware there are going to be a Board of Directors Meeting Minutes Page | 3 February 6, 2024 lot of construction vehicles, and asked if he was correct about the flow of traffic into the area. Paxton confirmed that this was the only way into the site, and that construction vehicles have the same right to use the public street as others. Mayor Nation asked if there was anyone in the audience that would like to address Resolution 16-24. Ron Homeyer, Civil Engineering, came forward to address comments. He confirmed that Carl Street would be the path taken for access to the construction site and that they will be as careful as they always are. Regarding construction trash, Homeyer says that the city has ways to take care of that through building inspectors and code enforcement. He comments that previously, annexation has been tied to the final plat and asks why this one would be tied to construction. Kevin Moore, City Engineer, explained that the County recommended it be tied to construction to avoid large investments being made before a requirement is fulfilled, in case of some later obstacle. A motion was made by Carroll and seconded by Allen to approve Resolution 16-24. Motion passed unanimously. Item I: Gilbert pointed out the December financials had been provided and any questions should be addressed with Christina Petriches, Finance Director. Item J: Administrator’s Report. Gilbert reviewed the report attached hereto. Handouts of golf course updates from Maxim Golf were shared with Board members and Administrator Gilbert said that Bryan Minnis would come give them an in-person update in the future. Gilbert then asked Kris Paxton to explain under what circumstances the City may consider combining the 2nd and 3rd readings of a rezoning ordinance. Paxton said one condition would be that there is no negative public input on the item. The second condition would be for the request to come from the applicant. Gilbert asked that everyone join him in sending thoughts and prayers to City Clerk Renea Ellis whose brother-in-law passed away. Also, in sending best wishes to Director Smiley, who is at home recovering. Gilbert asked attorney Joel Kurtz to clarify the question of whether regular Board meetings that are rescheduled due to the timing of holidays must be labeled Special Called because they are not on the usual first and third Tuesday of the month. Kurtz said it is not a critical requirement what you call it if notice requirements are met on the change of the regular time and date. He said a special meeting tends to imply there is some special purpose for it, so if it is just a rescheduled regular meeting, it would make sense to call that a regular meeting, though it does not have legal significance. Directors Reports. Mayor Nation began by sending condolences to Renea. Hunt echoed condolences and best wishes. She thanks American Legion for their 4Chaplains service. She also thanks Parks and Recreation for line dancing classes. It was fun for all ages. Wiles said he would keep Renea and Carol in his thoughts and prayers. Director Blair said she was angry and frustrated for citizens because developers are wreaking havoc. Their big machinery tears up streets, and they are causing drainage problems. She doesn’t care for progress at the cost of existing citizens. Rissler sends prayers for Renea and Carol and wants to publicly commend Chief Miller. She shared that she received positive comments from three different citizens this week about the job he is doing. Director Carroll echoed kudos to Chief Miller, as well as prayers to Renea and Carol. Carroll also asks that citizens exercise their right to vote in upcoming elections. Director Allen congratulated Chief Miller and extended well wishes to both Renea and Carol. He extended congratulations to John Brown III for being named Pioneer Citizen of 2024. Allen extended thanks to Utility Billing Board of Directors Meeting Minutes Page | 4 February 6, 2024 department staff for continuing to work late this evening to ensure all electric shut-off issues from the day have been resolved. With no further business, a motion to adjourn was made by Allen and seconded by Rissler. Nation called for a vote. Motion passed unanimously. Meeting adjourned. ATTEST: APPROVED: Renea Ellis, City Clerk, CAMC/CMC Judy Nation, Mayor Administrator’s Report February 6, 2024 Expenditures: In excess of $30,000 • $35,226 / 3 Reels 477 ACSS OH Primary Wire / Electric Department • $41,750 / Pickleball Court Resurfacing / Parks and Recreation • $48,325 / Labor and Equipment to Install Feeder on Pump Line / Electric Department • Per Resolution 07-24 • $60,465 / 24 Oil Base Wood Poles / Electric Department 1. Golf course status update. 2. Discussion: Combining 2nd and 3rd readings in one evening. 3. An Alzheimer’s support group is meeting at the library this Saturday from 11AM – Noon and is open to all. 4. We’re excited for the 2024 Great North American Eclipse in April. In Siloam Springs, we’ll see a deep partial eclipse with a magnitude of 97.6%. We’re planning events and videos to get ready for the eclipse. On April 8, join us at Memorial Park for a viewing party. There’ll be food trucks, music, and games. The Siloam Springs Public Library will give away 9,000 pairs of glasses for safe viewing. Board members, you have a pair in front of you now. We’ll be releasing more information later this week, so stay tuned.  STAFF REPORT TO: Allan Gilbert, City Administrator FROM: Maegan Thomas, Planner 1 Cc: Kris Paxton, Community Development Director Ben Rhoads, AICP, Senior Planner DATE: February 2, 2024 RE: Resolution 17-24 / Setting Hearing Date for Easement Vacation / 21000 Block of Davidson Road. Recommendation: Approval of Resolution No. 17-24 Background: On February 1, 2024, a petition was filed by Hector Arenas to close unneeded utility easements located to the north and east of Lot 2 of the Pitts Addition filed for record with instrument L202220436. As well as, to vacate the southern and eastern utility easements for Tract 2 of the Baird Addition filed for record in Book 2016 Page 128. The easements are requested to be permanently closed and are not needed for future services. Following Arkansas State Statute 14-301-302(c), the City is required to set a hearing date for the review of this petition. City staff is recommending Tuesday, March 19th, 2024. This date will allow the City Clerk time to make notice, for two consecutive weeks of the hearing following the rules set for such proceedings. Planning Commission advice is not required for right-of-way or easement closures; however, the Commission will be informed of the petition. Fiscal Impact: Staff is not aware of any fiscal impacts resulting from this petition. Attachments: Resolution No. 17-24  RESOLUTION NO. 17-24 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER VACATING UTILITY EASMENTS WITHIN LOT 2 OF THE PITTS ADDITION AND TRACT 2 OF THE BAIRD ADDITION LOCATED AT THE 21000 BLOCK OF DAVIDSON ROAD Whereas, a petition has been filed with the City of Siloam Springs by Hector Arenas, to vacate and abandon easements heretofore designated, but not used; and being more particularly described in Exhibit A (appended hereto); and Whereas, Arkansas Code Annotated §14-301-302(c) requires that after receiving a petition for easement closure, the Board of Directors set a date for hearing said petition and consideration thereof; Now Therefore: Be It Resolved, by the Board of Directors of the City of Siloam Springs, as follows: 1. That the City Board of Directors shall hear said petition at its regular meeting to be held at 400 N. Broadway Street, Siloam Springs, Arkansas, at 6:30 p.m. on the 19th day of March 2024. 2. That the City Clerk is hereby directed to publish notice of the filing of said petition and of said hearing for the time and in the matter prescribed by law. Done and Resolved this ________ day of _______________________, 2024. ATTEST: APPROVED: ______________________________ _____________________________ Renea Ellis, City Clerk, CAMC/CMC Judy Nation, Mayor (SEAL) Exhibit 'A' to Resolution 17-24 Page 1 of 1  STAFF REPORT TO: Allan Gilbert, City Administrator FROM: Phil Stokes, Electric Director DATE: January 31, 2024 RE: Approve Purchase / Electric Department / 20MVA Substation Transformer / Sanil Electric / $1,322,618.68 Recommendation: Approve purchase of a 20MVA Substation Transformer from Sanil Electric in the amount of $1,322,612.68. Background: The Electric Department requested bids for a new 20MVA Substation Transformer that will be placed at the Country Club Substation. Over the last few years, the City has experienced a large amount of growth with development in that area along with future annexation. The purchase of the new substation transformer will help relieve the load on the Lincoln Substation. Staff received seven sealed bid proposals on January 18, 2024, and carefully reviewed each of them before choosing Sanil Electric. Below are the main points of the proposed bid. • The Sanil Electric transformer has no exceptions to their proposal. • Niagara Power Transformer Corp. came in at a lower bid but has a lead delivery time of 4 years compared to 52 weeks (1 YR) for Sanil Electric. • There are no escalation charges, no offloading charges or freight charges for Sanil Electric. • The city currently has a Sanil Electric transformer and are very pleased with the performance. • Cost for the Sanil Electric transformer includes an extended warranty, onsite assembly, processing, and testing. The total bid for the Sanil Electric transformer is $1,322,612.68 and is good for 90 days. Staff recommend approving this purchase and placing the transformer on order. Fiscal Impact: Funds for this purchase will be used from the 2025 Utility Fund, as the transformer is set to be received around Spring of 2025. This will be included in the preparation of the 2025 Budget. Attachments: Bid Tabulation / Quote  Bid Analysis for Substation Transformer UNIT PRICES - SCHEDULE Sanil Electric Prolec /GE HV Sales Howard Industries Line Item Extended Delivery Extended Delivery Extended Delivery No. Line Item Description Est. Qnty. Unit Price Amount Time Unit Price Amount Time Unit Price Amount Time 12/16/20 MVA Substation 1 Transformer 1 $1,143,944.00 $1,143,944.00 52 wks $1,320,524.00 $1,320,524.00 150 wks $1,129,000.00 $1,129,000.00 66 wks Extended Warranty 1 $40,000.00 $40,000.00 $0.00 $0.00 $56,450.00 $56,450.00 On site assembly, processing and testing 1 $30,000.00 $30,000.00 $61,425.00 $61,425.00 $87,300.00 $87,300.00 Freight 1 $0.00 $28,750.00 $28,750.00 $0.00 Off Loading Unit 1 $0.00 $9,524.00 $9,524.00 $0.00 $1,143,944.00 $1,320,524.00 $1,129,000.00 Taxes 9.5% $108,674.68 Taxes 9.5% $125,449.78 Taxes 9.5% $107,255.00 Adders $70,000.00 Adders $99,699.00 Adders $143,750.00 Total $1,322,618.68 Total $1,545,672.78 Total $1,380,005.00 UNIT PRICES - SCHEDULE Pralar USA Niagara Power Transformer Corp Virgina Transformer Corp Line Item Extended Delivery Extended Delivery Extended Delivery No. Line Item Description Est. Qnty. Unit Price Amount Time Unit Price Amount Time Unit Price Amount Time 12/16/20 MVA Substation 1 Transformer 1 $1,085,300.00 $1,085,300.00 66 wks $1,088,637.00 $1,088,637.00 4 yrs $1,254,999.00 $1,254,999.00 60 wks Extended Warranty 1 $46,700.00 $46,700.00 $0.00 $0.00 $0.00 $0.00 On site assembly, processing and testing 1 $82,400.00 $82,400.00 $42,000.00 $42,000.00 $0.00 $0.00 Freight 1 $95,600.00 $95,600.00 $0.00 $17,414.00 $17,414.00 Off Loading Unit 1 $0.00 $0.00 $0.00 $1,085,300.00 $1,088,637.00 $1,254,999.00 Taxes 9.5% $103,103.50 Taxes 9.5% $103,420.52 Taxes 9.5% $119,224.91 Adders $224,700.00 Adders $42,000.00 Adders $17,414.00 Total $1,413,103.50 Total $1,234,057.52 Total $1,391,637.91 UNIT PRICES - SCHEDULE WEG Line Item Extended Delivery Extended Delivery No. Line Item Description Est. Qnty. Unit Price Amount Time Unit Price Amount Time 12/16/20 MVA Substation 1 Transformer 1 $1,744,578.00 $1,744,578.00 140 wks Extended Warranty 1 $0.00 $0.00 On site assembly, processing and testing 1 $89,000.00 $89,000.00 Freight 1 $0.00 $0.00 Off Loading Unit 1 $0.00 $0.00 $0.00 $1,744,578.00 $0.00 Taxes 9.5% $165,734.91 Taxes 9.5% $0.00 Adders $89,000.00 Adders $0.00 Total $1,999,312.91 Total $0.00 Notes Sanil: There was no exceptions noted in their porposal. Freight and off loading was included in cost, per Mr. Lee on 1/22/24. Prolec/Ge: Extended Warranty was included in the cost of the transformer. Escalations charges will apply at time of shipment. Howard Industries: Cost of Field Service is an estimate cost. Unloading unit is included in the base price. Escalations charges will apply at time of shipmnet. Freight allowed. Pralar: Extended warranty 4 years. Unloading included in freight charges. 66 weeks delivery depends on factory backlog. Niagara Power Transformer: Extended Warranty included in transformer cost. Escalations charges will apply at time of shipment. 5 year Warranty. Freight shall be invoiced at the actual freight cost plus 10%. Virginia Transformer: Escalations charges will apply at time of shipmnet. Extended Warranty amd On site assemnly included in transformer cost. 5 year warranty. WEG: Extended Warranty included in transformer cost. Escalations charges will apply at time of shipment. Extended warranty 60/66 months. Sanil Transformer at Moss Substation Location of New Transformer at Country Club Substation PDF of Country Club Substation  STAFF REPORT TO: Allan Gilbert, Acting City Administrator FROM: Kevin Moore, PE, City Engineer Ben Rhoads, AICP, Senior Planner Cc: Kris Paxton, Community Development Director Maegan Thomas, Planner 1 DATE: February 6, 2024 RE: Ordinance 24-03 / Vacation of an Alleyway / 809 E. University St. Recommendation: Deny Ordinance No. 24-03 vacating right-of-way at 809 E. University Street. If the Board of Directors desires to continue to consider the vacation request, then motion to “place on Ordinance 24-03 on its _____ (1st, 2nd or 3rd) reading, suspending the rules and reading by title only.” Background: APPLICATION REVIEW DATE Board of Directors review: February 20, 2024 APPLICANT AND AGENT Applicant/Owner: Juan Francisco Mejia Sajche and Josefina Torbino Jacobo Agent: James Caldwell, PS SUBJECT PROPERTY ADDRESS 809 E. University St. LEGAL NOTICE  Site posted: January 30, 2024.  Newspaper legal notification: February 7, 2024, and February 14, 2024 (Herald-Leader).  Letter legal notification: January 31-February 2, 2024.  Staff received no phone calls or correspondence on the request. STAFF DISCUSSION The City of Siloam Springs has received a request from the property owner, being represented by their agent, Mr. James Caldwell, for the review of an alleyway vacation in the S.G. Rogers Addition on property described as 809 E. University St. The vacation requested is an unused alleyway that is 20 feet wide by 144.5 feet long and runs north/south adjacent to Lots 9 and 10 of the said addition. The survey provided also proposes the consolidation of the abutting lots, on the east and west sides of the alley, as shown as Lot “10R” and Lot “7R”. This lot consolidation survey will be filed for record if the proposed alley is closed by ordinance. The alley is not used by the public and crosses through an existing residential structure at 809 E. University St., so it cannot be physically used. City staff has no records as to when the house was constructed over the alleyway, but based on historical use of the property, it is believed to be at least 40 years old. The petition to vacate (attached) was revised by the applicant on January 6, 2024. City staff is not recommending approval of the proposal as presented by the applicant. The proposal does not abandon 100 percent of the alleyway, as it retains a very small segment, measuring approximately 6 inches by 20 feet, at the far northern end of the property. The reason this alleyway remnant is left is in an effort by the applicant to avoid the step of obtaining the signature from Simmons Foods, Inc., who owns the property abutting to the north. According to State of Arkansas Statute §14-301-303 “However, no street or alley, or any portion thereof, shall be abandoned or vacated unless there has been filed with the council the written consent of the owners of all lots abutting on the street or alley, or the portion thereof, to be vacated.” As the full length of the alleyway between lots 9 and 10 abuts the Simmons property, they are party to the closure per the statute (referenced above) and therefore they are required to sign the petition requesting to vacate the full alleyway, running from E. University St. to the northern property line. It appears that the applicant does not desire to go through the necessary channels with Simmons Foods to obtain the needed signature on the petition. Therefore, as a workaround, they have elected to retain the right-of-way segment, as described above, so the closed right-of-way no longer abuts the Simmons Foods property line. While this may work legally to minimize the owners involved, it represents poor planning practice as it retains an unusable right-of-way remnant that serves no practical use or function. Staffs’ evaluation of proposed right-of-way or easement closures is not based solely on the legal merits, but if the proposal meets sound planning practice and if it is in the best interest of the City and the public (§14-301- 303). The proposed remaining right-of-way segment is orphaned, meaning that it is rendered disconnected from any other right-of-way (none exists to the north), so it is impossible to be used by anyone except by trespassing through private property and serves no viable public purpose. Staff’s recommendation is for the applicant to carry the closure for the full length of the right-of-way, terminating at the northern property line, and for the applicant to seek out the correct officer at Simmon Foods, Inc. to sign the petition. City staff is willing to assist in this effort if requested by the applicant. With the exception of the Community Development Department and City Engineering, all City departments have signed off on the easement vacation, as indicated in the attached memorandum. Franchise utilities either objected or did not sign the memo. Finally, it should be noted that these requests are forwarded directly to the Board and bypass the Planning Commission; this is because easements and rights-of-way are accepted (through a final plat acceptance) or vacated by the Board. Apart from the issue previously described, staff has received no information that the proposal interferes with the reasonable peace or enjoyment of the neighboring properties; that property values will be substantially damaged; or that the proposal is not adequately supported by infrastructure. Staff is not recommending an easement through the old right-of-way due to the existing house’s placement. Fiscal Impact: Staff does not anticipate any fiscal impacts as a result of this request. Attachments: 1. Petition letter from the Applicant to the Board of Directors. 2. Site Specific Proposal. 3. Aerial Map. 4. Department Head Sign-Off Memo. 5. General Area Map. 6. Letter from the Surveyor. 7. Ordinance No. 24-03. Aerial Map. 809 E University St. Alleyway Closure Memorandum To: Department Heads From: Maegan Thomas, Planner 1 Date: February 2, 2024 Subject: Request for Alleyway Vaca�on- 809 E. University St. Atached is a request to vacate an unneeded north/south alley adjacent to Lot 9 and 10, Block 3, of the S. G. Rogers Addi�on, filed for record in book F page 228. Furthermore, Lot 7 and 8 are associated with Lot 9 through a proposed lot consolida�on, becoming Lot 7R of the same addi�on and block. The alleyway is requested to be permanently closed and is unusable by the public. Note: A portion of the alleyway is retained along the property line shared with Simmons Foods, Inc. A response is needed from each of you to complete this request. If no response is received by February 5th, 2024, then the City staff will interpret that as your company has no objec�ons to the closure of the alleyway. Please review the atachment, sign this memo indica�ng if you are for or against the proposed alleyway closure. Also, please note any comments that you may have. Cox Cable Representa�ve: For: Against: Comments: ___________________________________________________________________ ___________________________________________________________________ Signature: __________________________________________________________ Brightspeed Representa�ve: For: Against: Comments: ___________________________________________________________________ ___________________________________________________________________ Signature: __________________________________________________________ Black Hills Energy Representa�ve: For: Against: Comments: ___________________________________________________________________ ___________________________________________________________________ Signature: __________________________________________________________ GENERAL AREA MAP Alley Vacation ROW24-01 I1 ´ I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 E. Central St. I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 N. Hico St. I-1 I-1I-1I-1 I-1 I-1 Subject Property I-1 E. University St. Alleyway N. Cameron St. 3 R-3 R-3 N. Gunter St. N. Britt St. R-3 R-3 RW R-3 R-3R-3 R-3 R-3 R-3 R-3 DAWN N HICO S SH RUSSELL RD STEPHE R-3 N LINCOLN TIKAAN R-3R-3 E. Central St. N CARL ST E TAHLEQUAH ST AIRPORT RD -3 R-3 R-3 £ ¤ E MAIN ST SILOAM SPRINGS R-3 R-3 S HICO ST OL D H R-3 412 E HWY 412 W Y 68 HW Y4 12 S ELM ST HWY 16 O D CLARK DR S LINCOLN ST KECK RD CL A RK RD S MT OLIVE ST C-1C-2 C-2 C-2 ¬«C-2 C-2 L COUNTRY LN 16 VA LL EY RD E TR IVE R 0 R 0.75 1.5 3 Miles 0 0.75 1.5 3 Miles DATE: February 9, 2024 TO: Siloam Springs Board of Directors FROM: James Caldwell SUBJECT: Juan Mejia Petition to Vacate Existing Alley, Feb. 20 agenda item On behalf of Juan Mejia, I would like to thank the Board of Directors for considering his petition to vacate. I look forward to sharing information at the February 20th meeting which will address the concerns raised by the city staff. The following is a brief overview of what I will be presenting. Within the last year, the city staff and board of directors supported and approved a petition to vacate, a partial easement specifically to avoid having to obtain signatures of adjoining corporate property owners. I will explain the similarities and differences with this project and the current one you are reviewing. The term “abutting property” has a specific meaning when used in the context of property vacate petitions. Also, in keeping with good planning practice as outlined by the AICP code of conduct A:4.a. (“dealing fairly with all participants in the planning process”), Mr. Mejia should have the laws interpreted in the same manner that they are for other landowners in our city. Mr. Mejia is dedicating over 60% of his property to the city for access to maintain a drainage channel. This has been needed for some time by our storm water management staff. This will also give city crews full access to the portion of alley that remains intact. The fact that private citizens cannot access this is not in any way burdensome to the public, as the public has had limited access to this for the past 50+ years. Mr. Mejia is also formally dedicating to the city a 15’ utility easement for the large 12” sewer main that is that is running across his property serving Simmons plant #1. In summary, Juan Mejia has been a hard-working member of the Siloam Springs community, living at this 806 East University home for the last 6 years. He has made great improvements to this home, working with the City building permitting department each step of the way. On January 2nd he submitted a Lot Line Adjustment Permit application and a Rezoning Permit application. I encourage the City Board of Directors to approve his third permit application, the Petition to Vacate request so he can build another similar residence in our community. Sincerely, James Caldwell , PS#1310  ORDINANCE NO. 24-03 AN ORDINANCE VACATING AND ABANDONING AN ALLEYWAY AT 816 EAST UNIVERSITY STREET Whereas, a petition was filed with the Board of Directors of the City of Siloam Springs, Arkansas on the 3rd day of January 2024, requesting the Board of Directors vacate and abandon a 20-foot-wide unused alleyway abutting Lot 9 and Lot 10 of Block 3 of the S.G. Rogers Addition to Siloam Springs, filed for record in the office of the Benton County Circuit Clerk and Ex-Officio Recorder at Book F Page 228, dedicated to the City of Siloam Springs, Arkansas, being more particularly described below; and Whereas, after due notice as required by law, the Board has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the portion of the properties herein described have heretofore been dedicated to the public use as an alleyway; that all the owners of the property abutting upon the portion of the alleyway to be vacated have filed with the Board their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the easement. Now Therefore: Be It Ordained, by the Board of Directors of the City of Siloam Springs: Section 1: The City of Siloam Springs, Arkansas, releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the alleyway as shown in Exhibit A (appended hereto) and further designated as follows: Section 2: A copy of the ordinance, duly certified by the City Clerk, shall be filed in the office of the Benton County Circuit Clerk and Ex-Officio Recorder in the deed records of the county. Section 3: This ordinance shall take effect and be in force from and after its passage. Ordained and Enacted this day of _____________________ 2024. ATTEST: APPROVED: ______________________________ ______________________________ Renea Ellis, City Clerk, CAMC/CMC Judy Nation, Mayor Ordinance 24-03 Page 1 of 2 Exhibit ‘A’ to Ordinance 24-03 Ordinance 24-03 Page 2 of 2  MINUTES OF THE REGULAR MEETING OF THE UTILITY COMMISSION OF THE CITY OF SILOAM SPRINGS, ARKANSAS HELD ON JANUARY 25, 2024 The meeting was called to order by Commissioner Neff. Commissioner Neff held Roll Call. Those present were Weyl, Keck, Galicia, new Commissioner Cammi Hevener, and Neff. City representatives present included: Phil Stokes, Electric Director; Steve Gorszczyk, Public Works Director; Jason Davis, Public Service Director; Barbara Rivera, Executive Assistant. Commissioner Neff led the Pledge of Allegiance. Keck made a motion to approve the minutes of the January 4, 2024, meeting. Neff seconded. Motion passed unanimously. An election for 2024 Commission Chair and Vice-Chair was held. It was unanimously agreed that Galicia will serve as Chair and Keck will serve as Vice-Chair for 2024. Gorszczyk provided updates on Public Works projects. A) The North Water Tower contractor needs to provide some of all three products for future touch-ups. Otherwise, the project is complete. B) There is a pre-construction meeting next week to discuss the Maxwell Street sewer project. Construction will begin in late February or early March and will make parking nearest the amphitheater unusable. C) At Wastewater Plant Headworks, two screens need to be replaced. McClellon Engineering completed 30% design and anticipates a $6M budget. The department would like to engage a Construction Contractor at Risk and asked for approval to take that request to the Board of Directors. Neff made a motion to approve. Galicia seconded. Motion passed unanimously. There were no items on the agenda for the Electric Department, but Phil Stokes was able to share updates. They’ve reviewed load on transformers because of new subdivisions and determined it will be necessary to ask the Board to approve purchase of a new transformer to serve the Country Club area. The cost would be approximately $1.3M. Stokes does not anticipate using debt to make the purchase, as it will take more than a year to get the transformer which, if approved, would be added to the 2025 budget. Also, the department would be able to bring it online in- house. Weyl asks if it would be possible to redirect power from the Southwest side where there is less growth. Stokes explains that the cost to move power that far is prohibitive. It was agreed that it is important for the city to prepare for anticipated growth in this way. Stokes also made the Commission aware that an increase of 4% is expected to be put in place by GRDA in July. GRDA has projected a 4% increase every year for five years. Those increases are not sustainable at our current rates. More information will be presented to the Commission for consideration in future meetings. U�lity Commission Minutes of January 25, 2024 Neff made a motion to adjourn. Galicia seconded. The Commission voted unanimously to adjourn. ATTEST: APPROVED: ________________________________ ________________________________ Renea Ellis, City Clerk, CAMC/CMC David Neff, Chair (SEAL) U�lity Commission Minutes of January 25, 2024