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Springdale City Council Regular Meeting Tuesday, August 22, 2017

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Springdale City Council Regular Meeting Tuesday, August 22, 2017 Next scheduled Committee Meeting will be held in the Multi-Purpose Room #236, 201 Spring Street, Springdale, AR • Monday, August 28, 2017, 5:30 p.m. is the next Committee meeting. Committee agendas will be available on Friday, August 25, 2017. SPRINGDALE CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 22, 2017 5:55 p.m. Pre Meeting Activities Pledge of Allegiance Invocation – MIKE LAWSON 6:00 p.m. OFFICIAL AGENDA 1. Large Print agendas are available. 2. Call to Order – Mayor Doug Sprouse 3. Roll Call – Denise Pearce, City Clerk Recognition of a Quorum. 4. Update on the Criminal Justice Complex by Roy Decker, Duvall Decker Architects. 5. Comments from Citizens The Council will hear brief comments from citizens during this period on issues not on the agenda. No action will be taken tonight. All comments will be taken under advisement. 6. Approval of Minutes - August 8, 2017 (3-15) 7. Procedural Motions A. Entertain Motion to read all Ordinances and Resolutions by title only. B. Entertain Motion to dispense with the rule requiring that ordinances be fully and distinctly read on three (3) different days for ordinances listed on this agenda as item numbers.9; 10; 11; 12; 13; 14; 17a; 22 (Motion must be approved by two-thirds (2/3) of the council members). 8. A Public Hearing on a petition to abandon a portion of a utility easement located at 1672 S. 48th Street. 9. An Ordinance releasing, vacating, and abandoning a portion of a utility easement located on property in. Springdale, Washington County, Arkansas, to declare an emergency and for other purposes. Item to be presented by Ernest Cate, City Attorney. (16-18) 10. An Ordinance amending Ordinance No. 5196 (amending Section 90-31 of the Code of Ordinance of the City of Springdale, Arkansas) To add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (19) 11. An Ordinance amending Ordinance No. 5197 (amending Section 56-39 of the Code of Ordinance of the City of Springdale, Arkansas) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (20) 12. An Ordinance amending Ordinance No. 5198 (amending Section 98-3 of the Code of Ordinance of the City of Springdale, Arkansas) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (21) 13. An Ordinance amending Ordinance No. 5201 (authorizing the City Clerk to file a clean-up lien for the removal of overgrown brush and debris on a property located within the City of Springdale, Washington County, Arkansas) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney.(22) 14. An Ordinance amending Ordinance No. 5200 (to waive competitive bidding for the purchase of Gridsmart Traffic Video Detection Systems) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (23) 15. A Resolution recognizing the "2017 Bikes, Clues and BBQ" event as a City approved special event. Item to be presented by Ernest Cate, City Attorney. (24) 16. A Resolution authorizing the Mayor and City Clerk to enter into a franchise agreement with Windstream Services, LLC, ("Windstream") for the providing of communications network services pursuant to Ark. Code Ann. §14-200-101, et seq. Item to be presented by Ernest Cate, City Attorney (25-32) 17. Planning Commission Report and Recommendations by Patsy Christie, Director of Planning: A. An Ordinance amending Ordinance No. 3307 the same being the Zoning Ordinance of the City of Springdale, Arkansas, and the plat pertaining thereto by rezoning certain lands from Agricultural District (A-1) to General Commercial District (C-2) and declaring an emergency. (SE corner of Graham & Apple Blossom) (33-36) B. A Resolution approving a conditional use on the east side of Robbins Road, North of Fair Lane for Hillwood Properties as set forth in Ordinance No. 4030. (37-38) 18. Street & CIP Committee Report and Recommendations by Chairman Rick Evans: A Resolution authorizing the execution of a contact amendment for professional services. Deans Trail. (39-46) 19. Finance Committee Report and Recommendations by Chairman Jeff Watson: A Resolution amending the 2017 budget of the City of Springdale Administration. Committee recommended approval. (47) 20. Health, Sanitation & Property Maintenance Committee Report and Recommendations by Chairman Jim Reed: A. A Resolution authorizing the grant of a water/sewer easement to the Springdale Water and Sewer Commission across property owned by the City of Springdale, Arkansas (Parcel No. 815-29544-001, Springdale, Washington County, Arkansas). Committee recommended approval. (48-53) B. A Resolution authorizing the grant of a water/sewer easement to the Springdale Water and Sewer Commission across property owned by the City of Springdale, Arkansas (Parcel No. 785-18034-000, Washington County, Arkansas). Committee recommended approval. (54-59) 21. Parks & Recreation Committee Report and Recommendations by Chairman Mike Lawson: A Resolution authorizing the execution of an amendment to lease with American Towers, LLC. Committee recommended approval. (60-74) 22. An Ordinance authorizing the City Clerk to file a Clean-Up Lien for the removal of overgrown brush and debris on property located within the City of Springdale, Washington County, Arkansas. Item presented by: Ernest Cate, City Attorney. (75-123) 23. Comments from Department Heads. 24. Comments from Council Members. 25. Comments from City Attorney. 26. Comments from Mayor. 27. Adjournment. SPRINGDALE CITY COUNCIL AUGUST 8, 2017 The City Council of the City of Springdale met in regular session on August 8, 2017, in the City Council Chambers, City Administration Building. Mayor Doug Sprouse called the meeting to order at 6:00p.m. Roll call was answered by: Doug Sprouse Mayor Rick Culver Ward 3 (Absent) Jeff Watson Ward 3 (Absent) Mike Overton Ward 2 (Absent) Colby Fulfer Ward 1 Mike Lawson Ward4 Rick Evans Ward2 Jim Reed Ward 1 Kathy Jaycox Ward4 Ernest Cate City Attorney Denise Pearce City Clerk/Treasurer Department heads present: Mike Peters Police Chief Jimmy Vaughan Fire Division Chief Patsy Christie Planning Director Mike Chamlee Buildings Director Melissa Reeves Public Relations Director Brad Baldwin Engineering Director Wyman Morgan Director of Financial Services SamGoade Public Works Director Gina Lewis Human Resources Director Courtney Kremer Animal Services Director REPORT ON ECONOMIC DEVELOPMENT Perry Webb, Executive Director of the Springdale Chamber of Commerce, gave a 2nd Quarter 201 7 report on economic development in the City of Springdale. (Report on file in City Clerk's Office) AGENDA ITEM MOVED Alderman Lawson made the motion to move item 14 (Resolution) up on the agenda to item 7C. Alderman Jaycox made the second. The vote: Yes: Fulfer, Lawson, Evans, Reed, Jaycox No: None APPROVAL OF MINUTES Alderman Reed moved the minutes of the June 27, 2017, July 11, 2017 and July 25, 2017 City Council meetings be approved as presented. Alderman Evans made the second. There was a voice vote of all ayes and no nays. C"" SPRINGDALE CITY COUNCIL AUGUST 8, 2017 ORDINANCES AND RESOLUTIONS READ BY TITLE ONLY Alderman Reed made the motion to read all Ordinances and Resolutions by title only and to dispense with the rule requiring that ordinances be fully and distinctly read on three (3) different days for all items listed on this agenda. Alderman Jaycox made the second. The vote: Yes: Lawson, Evans, Reed, Jaycox, Fulfer No: None Mayor Sprouse voted yes. Motion carried. RESOLUTION NO. 64-17 - APPOINTING MITCHELL JOHNSON TO THE NORTHWEST ARKANSAS AIRPORT AUTHORITY TO COMPLETE THE UNEXPIRED TERM OF RESIGNING AUTHORITY MEMBER MIKE MCFARLAND; TERM TO EXPIRE ON JANUARY 1, 2023 Mayor Sprouse presented a Resolution appointing Mitchell Johnson to the Northwest Arkansas Airport Authority to complete the unexpired term of resigning authority member Mike McFarland, term to expire on January 1, 2023. RESOLUTION NO. A RESOLUTION APPOINTING MITCHELL JOHNSON TO THE NORTHWEST ARKANSAS AIRPORT AUTHORITY TO COMPLETE THE UNEXPIRED TERM OF RESIGNING AUTHORITY MEMBER MIKE MCFARLAND; TERM TO EXPIRE ON JANUARY 1, 2023. WHEREAS, Mike McFarland has been serving on the Northwest Arkansas Airport Authority and submitted his resignation effective March 30th, 2017; WHEREAS, the Mayor has recommended that Mitchell Johnson be appointed to the Northwest Arkansas Regional Airport Authority to complete the unexpired term of Mike McFarland, term to expire January 1, 2023; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINDALE, ARKANSAS that effective August gt\ 2017, Mitchell Johnson is hereby appointed to cotnplete the unexpired term of authority member Mike McFarland, term to expire on January 1, 2023. PASSED AND APPROVED this __ day of August, 2017. Doug Sprouse, MAYOR APPROVED: Denise Pearce, City Clerk APPROVED AS TO FORM: Ernest Cate, City Attorney q­ a.. SPRINGDALE CITY COUNCIL AUGUST 8, 2017 Alderman Reed moved the Resolution be adopted. Alderman Lawson made the second. The vote: Yes: Evans, Reed, Jaycox, Fulfer, Lawson No: None The Resolution was numbered 64-17. ORDINANCE NO. 5196 - AMENDING SECTION 90-31 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, ARKANSAS (BOARD OF ZONING ADJUSTMENT/BOARD OF ADJUSTMENT) Alderman Jim Reed presented an Ordinance amending Section 90-31 of the Code of Ordinances of the City of Springdale, Arkansas (Board of Zoning Adjustment/Board of Adjustment). Section 90-31 contains the provisions regarding the procedure to be used when the Springdale Planning Commission, operating as the Board of Adjustment, hears certain types of variance requests, other than those variances sought pursuant to Chapter 130 of the Code of Ordinances of the City of Springdale, Arkansas. The City Council finds that in order to simply the process, and to make the process clearer to the general public, that these variance procedures should be enumerated within the applicable sections of the Code of Ordinances and that Section 90-31 should be amended to read as follows: Sec.
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