DATE and TIME: Monday June 22, 2020 – 6:30 P.M

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MEETING: REGULAR CITY COUNCIL MEETING

DATE AND TIME: Monday June 22, 2020 – 6:30 P.M.

Zoom Meeting On-Line

Here is the public invitation link for this Zoom meeting

Webinar ID: 897 7506 0372

Registration Link: https://us02web.zoom.us/webinar/register/WN_RVbbRyivQlmOhVr4YvvmOg

I.

CALL TO ORDER: This meeting has been given public notice in accordance with the Section 25-19-106 of the Freedom of Information Act, in such form that will apprise the General Public and news media of subject matter that is intended for consideration and action.

II. I.

PLEDGE OF ALLEGIANCE;

ROLL CALL: Mayor Peter Christie, Council Members John Flynn, Linda Lloyd, James Wozniak, Larry Wilms, Doug Fowler and Steven Bourke

II.

CITIZEN INPUT/PUBLIC APPEARANCES: Please be advised that it is the policy

of the municipality that there will be a three (3) minute time limit, per person, with time extension per the Chief Presiding Officer’s discretion.

III.

COUNCIL REPLY: Council members will have the opportunity to reply to the comments and concerns raised during the Citizen Input period. This will be limited to comments and will not be a discussion period.

IV.

APPROVAL OF MINUTES: May 18, 2020 Regular Meeting

V.

REPORTS: Monthly Financial Report April 2020

VI.

MOTION TO SUSPEND RULES: and read all proposed Ordinances and

Resolutions on the agenda by title only.

VII. OLD BUSINESS:
1. ORDINANCE N0- REPEALING AND REPLACING SECTION 4-27 OF THE CODE OF

ORDINANCES OF THE CITY OF BELLA VISTA TO ELIMINATE THE DOG LICENSING REQUIREMENT AND TO ENACT A MANDATORY MICROCHIP REQUIREMENT FOR DOGS.(Third Reading)

VIII. NEW BUSINESS:

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A. ORDINANCE NO. 2020- AMENDING SUBSECTION 109-248(b)(2) OF
THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO REDUCE PERMISSIBLE FENCE HEIGHT CONSTRUCTION FROM FOUR FEET (4’) TO THREE FEET (3’) IN A FRONT YARD, AND FOR OTHER PURPOSES.

B. ORDINANCE NO-2020-AMENDING SUBSECTION 103-49(f) OF

THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO MODIFY CONCRETE REINFORCEMENT REQUIREMENTS IN FOOTINGS AND FOUNDATIONS, AND FOR OTHER PURPOSES.

C. ORDINANCE NO-2020-AMENDING SUBSECTION 103-49(e) OF

THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO REDUCE THE REQUIRED FROST LINE DEPTH FROM TWENTY- FOUR (24) INCHES TO EIGHTEEN (18) INCHES IN NEW CONSTRUCTION, AND FOR OTHER PURPOSES.

D. ORDINANCE NO 2020- AMENDING THE CODE OF ORDINANCES

OF THE CITY OF BELLA VISTA TO ADD AN ARTICLE IV-UNSAFE AND HAZARDOUS TREES TO CHAPTER 20-NUISANCES TO REQUIRE THE REMOVAL OF DEAD OR HAZARDOUS TREES.

E. ORDINANCE NO 2020-AMENDING SECTION 109-250 POOLS AND

SPAS OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO REQUIRE A FENCE ENCLOSURE AROUND ALL OUTDOOR POOLS (INCLUDING ABOVE- GROUND), SPAS AND HOT TUBS GREATER THAN TWO (2) FEET IN DEPTH TO RESTRICT ACCESS BY CHILDREN.

F. ORDINANCE NO 2020- AMENDING SECTIONS 4-25, 4-26 AND

4-27 OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO REQUIRE PHYSICAL IDENTIFICATION BE ON A DOG IN THE FORM OF A TAG OR MICROCHIP, TO MODIFY RECLAMATION FEES FOR DOGS IMPOUNDED BY THE CITY, TO ELIMINATE THE DOG LICENSING REQUIREMENT, AND FOR OTHER PURPOSES.

G. R2020-RESOLUTION- ADOPTING THE NORTHWEST ARKANSAS

RAZORBACK GREENWAY OPERATIONS AND MANAGEMENT PLAN.

H. R2020-RESOLUTION- AUTHORIZING THE CITY OF BELLA

VISTA TO ENTER INTO THE NORTHWEST ARKANSAS RAZORBACK GREENWAY ALLIANCE AGREEMENT, AN INTERLOCAL COOPERATIVE AGREEMENT PURSUANT TO ARK. CODE ANN. § 25-20-101, ET SEQ.

I. R2020-RESOLUTION-AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO A CONTRACT WITH O.R. COLAN ASSOCIATES, LLC IN THE TOTAL AMOUNT OF $68,350 FOR PROVISION OF RIGHT-OF-WAY ACQUISITION SERVICES RELATED TO THE MERCY WAY BRIDGE

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PROJECT.

J. R2020-RESOLUTION- AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A CONTRACT WITH JACKSON BROWN PALCULICT ARCHITECTS, INC. FOR ARCHITECTURAL SERVICES RELATED TO THE CONSTRUCTION OF A NEW FIRE STATION.

K. R2020-RESOLUTION-AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A CONTRACT WITH JACKSON BROWN PALCULICT ARCHITECTS, INC. FOR ARCHITECTURAL SERVICES RELATED TO THE CONSTRUCTION OF A NEW FIRE TRAINING FACILITY.

L. R2020-RESOLUTION- APPROVING THE BELLA VISTA

ADVERTISING AND PROMOTION COMMISSION’S APPOINTMENT OF ASHLEY DOZIER AS A TOURISM INDUSTRY POSITION COMMISSIONER TO FILL AN UNEXPIRED TERM ENDING JULY 31, 2020, RESULTING FROM THE RESIGNATION OF RICH SIKER, AND THE SAME APPOINTMENT FOR A FULL TERM BEGINNING AUGUST 1, 2020.

M. R2020-RESOLUTION- AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A CONTRACT WITH HIGHT JACKSON ASSOCIATES PA FOR ARCHITECTURAL SERVICES RELATED TO THE CONSTRUCTION OF A PUBLIC SAFETY FACILITY.

N. R2020-RESOLUTION- AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO CONTRACTS WITH STEPHENS, INC. (PRIMARY) AND CREWS & ASSOCIATES, INC. (SECONDARY) FOR BOND UNDERWRITERS FOR THE CITY.

O. R2020-RESOLUTION- AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A CONTRACT WITH CEI ENGINEERING ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF A FIRE TRAINING FACILITY.

P. R2020-RESOLUTION- AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A CONTRACT WITH CEI ENGINEERING ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF A NEW FIRE STATION.

Q. R2020-RESOLUTION- AUTHORIZING THE MAYOR AND CITY

CLERK TO ENTER INTO A CONTRACT WITH CEI ENGINEERING ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF A PUBLIC SAFETY FACILITY.

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MEETINGS AND ANNOUNCEMENTS:

••••••

The next City Council Work Session will be Monday July 20, 2020-at 5:30PM in the Bella Vista City Hall Conference Room. The next Regular meeting of the City Council, Monday July 27, 2020 at 6:30 PM at the Bella Vista District Court Building. Planning Commission Work Session will be July 2, 2020 at 4:30PM in the Bella Vista District Court Building. Planning Commission Regular Meeting will be July 13, 2020 at 4:30PM in the Bella Vista District Court Building. Board of Zoning Adjustment will be July 21, 2020 at 5:30PM in the Bella Vista District Court Building. Board of Construction Appeals will be July 14, 2020 in the Bella Vista District Court Building.

ADJOURNMENT

*** Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. T o request this service, please contact the City Clerk at 479-876-1255.

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BELLA VISTA CITY COUNCIL REGULAR MEETING MINUTES – MAY 18, 2020 6:30pm

Call to Order- Mayor Christie called the Zoom meeting to order at 6:30PM.

Mayor Christie led the Pledge of Allegiance.

City Clerk Jertson called the Roll of Council. Council members; Wozniak, Flynn, Lloyd, Fowler, Bourke were present. Council member Wilms joined the meeting shortly later.

Approval of Minutes: There were no corrections or additions to the minutes from the March 16, 2020 Special Meeting. Motion to approve was made by Doug Fowler, second by Jim Wozniak. Approved unanimously.

There were no correction or additions to the minutes from the March 23, 2020 Regular meeting. A Motion to approve made by Jim Wozniak, second by Doug Fowler. Approved unanimously.

Financial Report February, Mayor Christy made comments about the cities financial condition being in very good condition and that the tier one cuts have been put in effect and await the results of what changes may come from the closing of some business during this pandemic.

A Motion to suspend the rules and read all Ordinances and Resolutions by title only made by Larry Wilms, second by John Flynn. Roll call vote called, Ayes: 6, Nays: 0. Approved

OLD BUSINESS:

ORDINANCE N0- AMENDING SECTION 4-27 OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA REGARDING THE DOG LICENSING REQUIREMENT AND INCENTIVIZING DOG MICROCHIPPING. (Second reading)

Police Chief James Graves stated that if any council member wanted to spend some time with the Animal Control Officer to better understand their position on this issue. They should contact him and he would set that up for them.

Council member Doug Fowler has done some work on this issue and he has met with several people about this. He also met with City Attorney Jason Kelley and worked on a new version of this Ordinance. He would prefer to let this go to third reading and then offer his version at the June meeting. Several other thoughts were given by other council members. The decision was made to move to final reading in June.

NEW BUSINESS:

ORDINANCE NO. 2020-04- AMENDING THE BELLA VISTA ZONING ORDINANCE AND MAP TO REZONE PROPERTY DESCRIBED IN REZONING PETITION NO. 2020-33441 (COUNTY PARCEL NO. 16-70313-000) FROM R-E, RESIDENTIAL ESTATE, TO R-O, RESIDENTIAL.

A drawing was shown of the property. the staff is asking to move ahead on this. Council member Jim Wozniak made a motion to move to third and final reading. Larry Wilms seconded it. Roll call vote was called, Ayes: 6, Nays: 0 Approved to third and final. Mayor Christie then read for the final time. Jim Wozniak made a motion to approve, seconded by Linda Lloyd. Roll call vote resulted in unanimous approval.

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R2020-24-RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH CLINARD CONSTRUCTION MANAGEMENT, INC. FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF A NEW FIRE STATION.

Mayor Christie read the resolution, and stated that Mark Clinard was on the meeting and could answer questions anyone has. Larry Wilms asked what three firms were interviewed when making the decision to select Clinard Construction. He was told that Clinard, Nabholz & Crossland were interviewed. Steve Bourke asked about the maximum cost of the project. When is that determined? Mayor Christie explained that is determined after the projects are planned and priced out. The Construction manager will be working for the city during the whole process. Some additional comments were made and then a Motion to approve was made by John Flynn, seconded by Jim Wozniak. Motion approved by roll call vote unanimously.

R2020-25-RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH CLINARD CONSTRUCTION MANAGEMENT, INC. FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF A FIRE TRAINING FACILITY. A

motion to approve made by Linda Lloyd, seconded by Jim Wozniak. Motion approved by roll call vote unanimously.

R2020-26-RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION DBA NABHOLZ CONSTRUCTION SERVICES FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF A

PUBLIC SAFETY FACILITY. Mayor read the Resolution and then discussed some of the changes that happen because of the size of the project. Larry Wilms asked about the timeline of the projects. That will be determined further on in the process. Doug Fowler asked about the flow of the money during the project. He wanted it stated how it will be handled. Mayor Christie explained that the money as it is collected will go directly to a bond trustee. From there it will be used to pay off the bonds. The city does not handle the money at all. Motion to approve was made by John Flynn, seconded by Jim Wozniak. Motion approved by roll call vote unanimously.

R2020-27-RESOLUTION APPROVING THE BELLA VISTA ADVERTISING AND PROMOTION COMMISSION’S REAPPOINTMENT OF BEN BIESENTHAL AS A TOURISM INDUSTRY POSITION COMMISSIONER. Council members Fowler and Flynn commented on how valuable Ben has been as a commissioner. A motion to approve made by Fowler, seconded by Flynn and a roll call vote was unanimous to approve.

R2020-28-RESOLUTION A RESOLUTION OF INTENT REGARDING CAPITAL IMPROVEMENTS. Some

discussion was held on what this resolution does. City Attorney Kelley stated that this allows the city to spend money on behalf of the issue and then get reimbursed from the bond proceeds later on. It provides some time saving in the preparation of the projects. Motion to approve by Doug Fowler, seconded by John Flynn. Roll call vote Ayes: 6, Nays: 0. Approved.

R2020-29-RESOLUTION APPROVING THE MAYOR’S APPOINTMENTS OF GRAHAM EDWARDS AND RONALD BURKETT TO POSITIONS ON THE TREE ADVISORY BOARD FOR THREE (3) YEAR TERMS

ENDING MAY 1, 2023. Motion to approve by Linda Lloyd, second by Jim Wozniak. Motion approved by roll call vote unanimously.

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R2020-30-RESLOUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A THREE (3) YEAR LEASE AGREEMENT ADDENDUM WITH VANCON PROPERTIES, LLC FOR SPACE FOR THE

DISTRICT COURT. Mayor Christie explained the change in the lease of approximately 3% increase. Motion made by Doug Fowler, seconded by Jim Wozniak. Motion approved by roll call vote unanimously.

Jim Wozniak made a comment that he suggested that Council members that attend the AML convention in August consider paying their own way to the meetings to save on the city’s budget.

MEETINGS AND ANNOUNCEMENTS:

••••••

The next City Council Work Session will be Monday June 15, 2020-at 5:30PM in the Bella Vista City Hall Conference Room. The next Regular meeting of the City Council, Monday June 22, 2020 at 6:30 PM at the Bella Vista District Court Building. Planning Commission Work Session will be May 28, 2020 at 4:30PM in the Bella Vista District Court Building. Planning Commission Regular Meeting will be June 8, 2020 at 4:30PM in the Bella Vista District Court Building. Board of Zoning Adjustment will be June 16, 2020 at 5:30PM in the Bella Vista District Court Building. Board of Construction Appeals will be June 9, 2020 in the Bella Vista District Court Building.

Mayor Christie thanked everyone for his or her participation and adjourned the meeting at 7:25PM.

City Clerk Wayne Jertson

Mayor Peter Christie

ORDINANCE NO. ______________
CITY OF BELLA VISTA, ARKANSAS
AMENDING SECTION 4-27 OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA REGARDING THE DOG LICENSING REQUIREMENT AND INCENTIVIZING DOG MICROCHIPPING

WHEREAS, Section 4-27 of the Bella Vista Code of Ordinances requires all dogs in the
City three (3) months old or older to be annually licensed by the City at an annual fee of $10.00 for spayed or neutered dogs and $20.00 for non-spayed or non-neutered dogs, with no fee charged for certified service dogs; and

WHEREAS, microchipping of dogs has become a less expensive and more effective means of tracking dog ownership; and

WHEREAS, a microchip is a simple, safe procedure and allows BV Animal Control to return a lost dog promptly to the owner in most cases and in doing so, reduces the burden and costs of the BV Animal Shelter to care for the animal until its owner is found using conventional means; and

WHEREAS, the City will partner with the Animal Shelter to raise awareness among residents about the cost, simplicity, and benefits of microchipping and to inform of how the procedure can be scheduled;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BELLA VISTA, ARKANSAS:

SECTION 1: Section 4-27 Dog Licensing of the Code of Ordinances of the City of Bella
Vista is hereby amended to read as follows:

“Sec. 4-27. Dog Licensing. All dogs in the City three (3) months old or older are required to be annually licensed by the City at an annual fee of $20.00 per dog. Further, all dog license fees are waived, and a one-time registration is allowed for owners that present proof of certified service dog or proof of installed microchip.”

ADOPTED THIS ________ DAY OF __________________________, 2020.
APPROVED: ____________________________________ PETER CHRISTIE MAYOR
ATTEST: ____________________________________ WAYNE JERTSON CITY CLERK

ORDINANCE NO. ______________
AMENDING SUBSECTION 109-248(b)(2) OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO REDUCE PERMISSIBLE FENCE HEIGHT CONSTRUCTION FROM FOUR FEET (4’) TO THREE FEET (3’) IN A FRONT YARD, AND FOR OTHER PURPOSES

WHEREAS, Subsection 109-248(b)(2) of the Code of Ordinances of the City of Bella
Vista permits fence heights in front yards to be no higher than four feet (4’), and

WHEREAS, it is deemed advisable by the City Council to reduce said maximum height to three feet (3’) for such fences constructed on or after the effective date of this Ordinance;

SECTION 1: Subsection (b)(2) of Section 109-248 Fence Location of the Code of
Ordinances of the City of Bella Vista is hereby amended so that, after amendment, the subsection shall read as follows:

“(2) For residentially zoned lots less than four (4) acres in area, fences shall be

limited to three feet (3’) in height in the front yard.”

SECTION 2: NOT TO BE CODIFIED. The requirements of Section 1 of this Ordinance

only apply to fences newly constructed on or after the effective date of this Ordinance. Fences in existence as of the effective date of this Ordinance are allowed.

APPROVED: ____________________________________ PETER CHRISTIE MAYOR
ATTEST:

_____________________________________ WAYNE JERTSON CITY CLERK

Requested by: Mayor Prepared by: Jason Kelley, Staff Attorney

ORDINANCE NO. ______________
AMENDING SUBSECTION 103-49(f) OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO MODIFY CONCRETE

REINFORCEMENT

REQUIREMENTS

IN

FOOTINGS

AND

FOUNDATIONS, AND FOR OTHER PURPOSES

WHEREAS, Subsection 103-49(f) contains requirements regarding footings and foundations of buildings, structures and parts thereof; and

WHEREAS, it is deemed advisable by the City Council to bring City of Bella Vista requirements into conformance with other neighboring communities by reducing certain concrete reinforcement requirements in said footings and foundations;

SECTION 1: Subsection (f)(1)(b) of Section 103-49 Supplemental provisions of the

building code of the Code of Ordinances of the City of Bella Vista is hereby amended so that, after amendment, the Subsection shall read as follows:

“b. Minimum footing rebar size shall be two #4s in a 12-inch or 24-inch footing, and supported three inches from the bottom of the footing spaced no more than six feet (6’) or approved by the building official;”

APPROVED:

____________________________________ PETER CHRISTIE MAYOR
ATTEST:

_____________________________________ WAYNE JERTSON CITY CLERK

Requested by: Mayor Prepared by: Jason Kelley, Staff Attorney

ORDINANCE NO. ______________
AMENDING SUBSECTION 103-49(e) OF THE CODE OF ORDINANCES OF THE CITY OF BELLA VISTA TO REDUCE THE REQUIRED FROST LINE DEPTH FROM TWENTY-FOUR (24) INCHES TO EIGHTEEN (18) INCHES IN NEW CONSTRUCTION, AND FOR OTHER PURPOSES

WHEREAS, Subsection 103-49(e) contains a table regarding climatic and geographic design criteria related to Volume III of the Arkansas Fire Prevention Code, as adopted in the City of Bella Vista, which requires certain new construction to conform to a frost line depth of two feet

(2’) below finished grade; and

WHEREAS, it is deemed advisable by the City Council to bring City of Bella Vista requirements into conformance with other neighboring communities by reducing the said

requirement to one foot six inches (1’6”);