City Council Meeting 10 28 25

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[0:00] To the flag of the United States of America and to the republic for which it
[0:05] stands, one nation under God, indivisible, with liberty and justice
[0:10] for all.
[0:14] most.
[0:19] We pray Lord that you be with every
[0:24] business tonight.
[0:49] approval of the uh October 23rd 28
[0:59] council agenda. Do I hear a motion to approve?
[1:03] » Got a motion by JJ. Do I hear a second? >> Second.
[1:08] » Second by Erica. Any discussion? All in favor say
[1:12] » I. >> All oppose like sign.
[1:17] Next item is September 23rd, 2025 minutes. Do I hear a motion to approve
[1:24] the amended version? >> I'll move to approve.
[1:30] » All right. Do I hear a second? >> Okay. As your city clerk, it's not your
[1:35] authority to change my minutes. your not
[1:41] » I understand >> the uh got a motion in a second to amend
[1:46] and or to approve the amended. Now the floor is open for discussion
[1:51] and the we had a question as to whether or not the item five in here was
[1:59] approved. It is it
[2:04] we want to go ahead and have a show of hands of those that voted yes on the
[2:09] amended agenda.
[2:15] Show of hands on those that voted yes. That's four. That approves the agenda.
[2:21] So with that stated that's the only amendment.
[2:25] » It doesn't work that way. >> Yes it does.
[2:27] » No sir it does not. I'm sorry but you are incorrect. As the city clerk, I have
[2:32] already completed these minutes. And now I have to go back and add this to this
[2:37] minute. So I have to be able to show that there's a history on why we voted
[2:42] just now to show a history on why it you have to show that transparency. I
[2:47] understand I'm not changing my minutes and you don't have the ability to change
[2:51] my minutes as a city. >> I'd like
[2:54] » I have gotten legal opinion from you, municipality. I've already done that.
[2:57] » That's [clears throat] fine. I'd like
[3:02] Mayor, the council uh is asked to approve the minutes at every meeting.
[3:07] Often times they name amendments or adjustments to them. Uh and so this was
[3:12] done to correct. I see no problem with it. Council can
[3:17] vote to change
[3:22] to the minutes or the amended minutes were
[3:27] approved. They need to vote to strike those minutes. Then that's the only way
[3:31] that these minutes can be changed. They need to strike that comment from there
[3:35] and they need to vote that they are striking those comments. That's the only
[3:38] way that the minutes can be changed because we've already have a history on
[3:42] our minutes from before. Then he brought it up as a work session. So then I got
[3:47] something on work session and now he brought it up at this council meeting.
[3:50] So to be able to show transparency and history of why this has happened this
[3:55] way, they have to show up in the minutes.
[3:59] Mayor, my opinion has not changed. The minutes have not been approved until the
[4:03] council just did so and so those are now additional proceedings. So the October
[4:08] September 23rd >> I'm not changing
[4:12] [clears throat]
[4:15] those
[4:19] 202. >> Okay. The October 14 25 minutes. I would
[4:25] entertain a motion to approve the amended version of those.
[4:34] » Got a motion from Mark. Do I hear a second?
[4:39] » Second. >> Got a motion from Mark and second from
[4:43] Erica. Is there any discussion on this?
[4:47] » These minutes will not be changed either.
[4:50] » Um, all in favor say I.
[4:55] What changes are I mean what's an amendment on it? So this
[4:58] » okay on the on these there is a partial transcript rather than minutes
[5:05] and the um >> yes if I can on the first item uh of the
[5:11] uh of the minutes as they were presented that's for resolution to authorize and
[5:19] further back IRS taxes uh There are some statements here uh that I think
[5:28] design captured a part of the discussion that was occurring. Um I think that's
[5:33] editorializing I think from the
[5:39] complete uh there was a there was a discussion about uh what some of the
[5:44] parts of the IRS that were received the statement
[5:52] um Mark Williams had
[5:56] a statement some confusion about what some parts of that meant. Mark Williams
[6:02] brought some clarity to that. Uh that's not included. So I think this is
[6:06] partial. Uh your minutes in the past reflect uh the uh you know who made the
[6:13] motion, who second the motion uh you know what the vote was. be my
[6:17] recommendation that we do the same here because I don't think this is an
[6:20] accurate portrayal of discussion that occurred on
[6:28] your description. >> It also states in the bottom of your
[6:30] minutes on the bottom of the page. It says transcriptions of the proceedings.
[6:35] It says that on every single one of my minutes as well. So
[6:40] » all in favor say I. So, we'reing the original.
[6:47] » So, there's a um there's one of them that's an original and there's one of
[6:51] them that is um that doesn't have that highlighted
[6:58] paragraph. Uh and it just has to vote, you know, who made the motion, who made
[7:03] the second and the vote count for that particular body and it doesn't include
[7:07] the statements that are >> the amended
[7:13] Yeah.
[7:17] » For one thing, it's not accurate. Uh other thing I don't think it's
[7:20] editorial. I think um so the paragraph that's in there is not an accurate
[7:25] account of the of of that discussion. There was more of that discussion that
[7:30] occurred. I just mentioned that Mark has some statements in that regard to
[7:36] correct what what the confusion was and that's not included.
[7:40] » Yeah. I don't have that much. >> Yeah. And so rather than kind of have a
[7:44] partial account of the discussion, I think it's best just to have discussion.
[7:49] » Why can't we add this discussion? >> I mean uh
[7:53] » that you you could the whole discussion would
[7:58] have to be transcribed. There is a there's an audio recording of minutes of
[8:04] anybody meeting. So anybody that watches the meeting can can hear it for
[8:08] themselves. Uh but I think having a kind of a partial account is not something
[8:13] that you want to have on this particular issue.
[8:17] » I don't want to have a partial but if that will resolve the issue because I
[8:21] know Mark corrected me on that issue. >> Um I'm sorry.
[8:30] » Yes. One thing is if we in our packet which
[8:34] would be included right these are all archived and saved
[8:39] is the IRM's actual statement. So we have never done an account like
[8:48] this that I recall in our minutes >> ever. So the precedent has been set that
[8:56] we do it like it's been done and if the IRS statement is included
[9:06] what I don't understand what the issue is because this isn't what we typically
[9:09] do. That is my thoughts. What we typically
[9:13] do is the amended version and that's what we typically do. No matter what no
[9:20] matter what it is, that's what we do. So, I don't know why we would put a an
[9:26] extra paragraph in an explanation when clearly the IRS statement is there.
[9:31] » You're welcome to pull our our minutes from previous meetings and we have done
[9:35] this in the past. M I'm not saying it happens all the time.
[9:40] I'm saying that typically it's like what it is on these minutes, a blur that says
[9:45] this person passed it or this person um approved it, this person seconded it and
[9:50] it went on. The reason that I made that statement to put in here is because on
[9:54] the resolution it says for 2024, but on the paperwork that was provided it says
[10:00] also for 2025. So that's what those are for. Well, also it isn't that the
[10:06] interest that was accured for 2025. So that's not the actual statement from
[10:11] 2020. >> But that's the back of the paperwork
[10:13] that was provided to the council and that packet said 2025.
[10:16] » But that was on the interest. So we owe a bill from what he says it's interest
[10:20] » interest on notice from 24 first quarter in 24
[10:28] please mayor let her finish you're not controlling the meeting.
[10:32] » I know I'm trying to figure out >> you're trying to Yes.
[10:35] » I'm trying to figure out as the clerk so we can get this resolved.
[10:38] » That's right. >> Thank you. So that's interest from 2020
[10:42] 2025 but on a 2024 bill. So you don't a bill on time, we acrew interest, right?
[10:50] And so it it's not a 2025 bill. It's a 2024 bill. Correct.
[10:56] » Correct. But the invoice that was provided in our council packet showed
[11:00] that that was 2025 that
[11:03] » because the statement date, >> the statement date said, I remember
[11:07] clearly October 6 that the statement date came out. Of course, interest is
[11:11] going to acrew on a bill that's not paid from 2024,
[11:14] but it's a bill from 2024. Correct. >> Correct.
[11:19] » And the interest ac time, we approve interest in 2025. It's
[11:25] a 2024 bill. That's all I'm saying is that if you
[11:29] don't pay a bill on time, we acrew interest as it passes, right? And now
[11:33] we're in a new year. So the interest is there. It's not a 2025 bill. It's a 2024
[11:38] bill that has approved interest in 2025. So I still view it as a 2024 bill.
[11:47] It's just that we're late on paying and therefore interest ac
[11:54] but if that is included I don't see and and I I don't recall every everything
[12:00] you do. I'm sure you've broken it down before but most of the time it says
[12:04] this. So, I don't agree with with this is what I'm saying. And it's because
[12:10] it's a 2024 bill that accured interest in 2025 with a statement date of October
[12:15] 6, 2025. Now that I understand why she wanted to put this in and your
[12:21] explanation of why 2024 the interest rate wasn't your conc.
[12:37] » So you're saying you're okay with the 100%.
[12:42] » Is that what you're saying? >> Okay.
[12:47] that I think discussion.
[12:53] Any further discussion? All in favor say I.
[12:58] » I. >> All those like sign and that pass.
[13:05] Next item on the agenda is the financial reports.
[13:11] entertain a motion to accept the uh financial reports for water and sewer.
[13:21] So move. >> Got a motion by Erica. Do I hear a
[13:24] second? Second. Second by JJ. Any discussion?
[13:29] All in favor say I. >> I.
[13:33] » All oppose like to sign. That's approved.
[13:38] I saw Carl just walked in. Uh one of the financials for the general fund or the
[13:44] city financials. Um I'm at Carl's working on getting those uh repaired and
[13:52] we last time we talked about it. Uh he was saying we should have them corrected
[13:58] version by the first or by December. So I'm going to ask that we table them
[14:04] again this month. Do I have a motion?
[14:16] » Got a motion by hear.
[14:21] » So, can we get this done faster than waiting until December?
[14:29] I'm ready to see some results here.
[14:36] Can we have that sooner than December because it's we've been tingling this
[14:41] financial >> we will have financials by December. I
[14:45] cannot promise you that they will be absolutely perfect. There's a lot of
[14:51] work to do right now.
[14:57] That's the truth. That's true.
[15:03] So we might have it by December. >> I will have financials for you by
[15:07] December. I can't I'm not going to stand here and tell you that everything will
[15:12] be exactly balanced. Will all be exactly what they should be. There's there's a
[15:20] lot of stuff to go through reconcile to get to the right number
[15:26] that that needs to be on the balance sheet because you got you got
[15:32] liabilities on your balance sheet. It doesn't work. That means that that means
[15:38] that the people that you say you have a
[15:42] liability to actually work.
[15:47] Sorry. It's hard work here. I mean, you want if you want if you want
[15:54] me to to run through it and do a
[15:59] half, you know, job, I can do that or else.
[16:04] » I'm not asking you to do that. So, don't don't take it personal. I'm not asking
[16:09] that. I'm just I'm just hoping we can get this number sooner because the
[16:13] city's financial keep being postponed postponed and I'm just like
[16:18] » more time. That's
[16:21] » I will finally
[16:29] answer it.
[16:34] » Any further discussion? All in favor say I.
[16:40] » I. >> All those like sign. Those are table.
[16:45] Next item on the agenda is the department reports. Uh fire department
[17:14] successful.
[17:25] We're right.
[17:39] » Thank you. Next, please.
[17:47] Hey guys, it's uh business as usual. Uh I was off
[17:54] there for a couple weeks cuz I had a little health issue. I had the procedure
[17:59] done. Um whether you guys knew this or not, apparently there was one day while
[18:05] I was out that our vehicles had to be grounded.
[18:11] Insurance hadn't been paid. Not sure if you guys are aware of that
[18:16] or not, but I just wanted you guys to be aware of it. I got the phone call when I
[18:21] s that we had to all our police officers
[18:25] to stay at the police department until the insurance was paid. Um, fire
[18:32] chief talked more about that since he was here and he ran down the rock and it
[18:40] my understanding we operated about a month and a half,
[18:44] two months with no vehicle insurance, which is against the law for one
[18:51] to [clears throat] we set ourselves up for a lawsuit
[18:56] waiting to happen. >> So,
[18:59] but that's why that happened miles away. So, um but other than that, back up. We
[19:06] got the insurance. We're good. Um soon as that happened and like I
[19:11] said, can talk more about it if you guys have questions about that. I didn't
[19:16] speak with him. I did not have any conversation with him whatsoever.
[19:21] Again, I was out um dealing with a medical bill.
[19:30] » That was in September when that happened. You remember the
[19:34] day? I'll let talk a little bit more about that.
[19:39] » So,
[19:42] insurance card expired September 16th I believe and while he was going I seen we
[19:49] didn't have a new card so I went over and talked to Keith and some other
[19:53] departments over there so we started with the found
[20:07] » so I said man who's supposed to pay That was actually the
[20:13] bills came in June. They were supposed to be paid by June 1st and it got cut
[20:18] off on the 19th, the 5th of July. I mean July 1st. It got cut off the 19th of
[20:25] July is when because they cut a second or sent a second notice right after the
[20:31] first or right around the middle of July. And so that was that was before we
[20:39] got Carl or anyone else in finance. >> Still you didn't ask my question. I said
[20:46] » it was when it was when we still had our clerk.
[20:50] » I've actually spoke to the municipal league on that. They did an update to
[20:54] it's called a software called Origami. So when they did an update to the
[20:58] origami that for the last previous years all of our mail was going to the PO box
[21:03] 36. So when they did the update to the origami, it sent it to uh to 134 North
[21:08] Main. We don't get mail at 134 North Main and the post office did not send
[21:14] our mail from 134 North Main and put it into our PO box office. They send it
[21:19] back. So we weren't getting any mail from that
[21:23] 134 mailing address is what the the ladies from Municipal League was telling
[21:28] me. And so Miss Sheila at Municipal League is trying to figure out what had
[21:34] happened and why the address transferred from 134 or from the PO box 36 to the
[21:41] 134 North
[21:44] » that's our physical address but we don't know I'm just
[21:49] [clears throat] >> because we don't receive mail there we
[21:52] have no mail the post office doesn't deliver
[22:03] That's really not good. I mean, honestly, I'm not I'm not happy about
[22:08] that. I don't know how we can What can we do to make sure that doesn't
[22:14] happen again? >> I think we have I think we got it all
[22:17] fixed up. >> I've worked with
[22:22] the city and I think You know, I have it on my on my computer
[22:27] also that they pay insurance to do this and so
[22:35] [snorts] I'm that you know I thought other people were track
[22:59] next planning commission
[23:06] Good evening. >> Evening question last week
[23:11] had a couple items on the agenda. One for
[23:16] this new annex subdivision. We had a permit
[23:23] come in for retaining wall neighbor the decision of approval. There's a
[23:29] process that goes you know into the approval of it but planning commission
[23:34] is the under the board
[23:39] they are the group that they build the administrative decision
[23:48] and then we have preliminary petroleum this is the one that we've been working
[23:53] on right off the wall everything still going through they just wanted to look
[23:58] reworking some of their sewer lines for better alignment with future
[24:04] connectivity. So they have got a new plan to us and Drew's been looking at it
[24:10] you know among others within and they're going to come back collaboration
[24:15] probably come back to us in the work session in November and look at
[24:22] that being said we'll probably postpone the planning commission meeting for next
[24:28] week we don't have any
[24:34] other things that is on there is the other stuff we want to look at you have
[24:37] before you tonight. the reasoning of the property for light. We'll talk about
[24:44] that if you have any questions. We can talk about that later once we get to it.
[24:48] And then you general updates haven't really changed since the last meeting.
[24:54] We're still working on the legacy project proposal that was
[24:59] accepted and moving forward with that for next year in conjunction with the
[25:04] water. And of course, that's something I did
[25:09] notice
[25:12] are meeting to continue work on this. I want to say
[25:17] middle of next week.
[25:27] Specific questions.
[25:31] Thank you. Next item is water and department.
[25:44] Start with the
[25:47] got a lot of meters to set up and one leak that we know of which is
[25:54] fire hydrant that's scheduled to be prepared on Monday. We wait on the parts
[25:58] for a few weeks.
[26:02] Um and then we have our water set.
[26:09] Looking at the water loss report, you can see it jumped from 37 to 54. Uh I
[26:16] believe the reason for that is when we tightened up the shoot line that was
[26:21] leaking about 2 and 12 million gallons a month, it increased the pressure in the
[26:26] line and then created leaks elsewhere. To address this, I went into our KMZ
[26:34] GIS map and found the remaining Y that we know of. And so we are working on a
[26:41] game plan to get all that abandoned. We just abandoned another 400T stretch of
[26:46] that on Round Road. Um, but as of right now, there's an estimated 2700 ft of
[26:54] galvan [clears throat] ice in the ground still. Based on that math, there might
[26:58] be we don't know and about 600 ft of unknown pipe. So there's we don't know
[27:05] the composition of the pipe. It could be could be the old
[27:10] place. So that is the game plan.
[27:16] So any questions?
[27:20] Well, we discussed that last night this morning regarding the water loss. There
[27:27] was some recommendation previously when they did the when they did the
[27:33] [clears throat] locating the you know water loss there was I think there was a
[27:38] few recommendation in there to what are those recommendation and where we have
[27:42] done those >> yes so with the breed study is what
[27:46] you're referring to they came out and located our system uh listening for
[27:51] leaks using an acoustic device their recommendations they had about seven we
[27:57] are currently doing five of those recommendations. The
[28:00] two that we are not doing are we're working towards one. Uh one being
[28:06] it was also suggested that during the investigation that a high quantity of
[28:09] leakage could potentially be occurring in particular communities due to
[28:13] excessive pressure and so they recommended that we install PRBs or
[28:18] other pressure management solutions. That is being looked into with the water
[28:23] mouse comp. They're going to tell us strategic points to
[28:28] valves, pressure related valves. This could provide some relief for for our
[28:32] pipes. The other recommendation is
[28:38] district meter areas or data driven solutions. So district meter area would
[28:43] basically you know you install meters in strategic
[28:48] locations on your system and then so take for example you've got a system you
[28:54] install a meter at the entrance of that pipeline forward
[29:00] and then you take the difference between the usage of the the residential meters
[29:05] and the water that's come into the system and compare that difference and
[29:09] that will tell you your water in that area of the distribution system.
[29:15] » Can I ask you a question about that? So now with these new developments going
[29:18] up, is that going to be a requirement for them to put that stuff in on the
[29:22] front end like Hillrest and then the one on Rainbow Dr.'s own property? Is that
[29:30] something that can be tied into that? >> Right now it's not in our specs to
[29:36] require developers to do that. It's certainly something to discuss if we'd
[29:40] like to add to that as as the water master
[29:46] plan gets completed, we're going to find the higher pressure areas are going to
[29:50] follow the lower elevation within the city. So once that master plan actually
[29:54] outlines that, it'll look like it'll look at that in totality as development
[29:59] takes place. And so that can be a requirement for those specific
[30:03] subdivisions. It will depend on each specific
[30:06] subdivision that comes in and the specific location they're located.
[30:10] » So the new ones that aren't yet currently like Hillrest would be out for
[30:14] that because they're currently underre but the other ones or can the city put
[30:19] it on on the front end before home stop using water and sewer.
[30:26] » Okay. >> Part of that recommendation was
[30:30] [clears throat] the second part was data driven
[30:33] solutions. So, for example, Rogers has 1,600
[30:38] pressure sensors throughout their system. You know, if you have a sensor
[30:41] here, a sensor here, if there's a discrepancy between those sensors, it
[30:46] kind of pinpoints where they need to be looking for a leak. So, they use
[30:50] correlation to find, you know, it's this part from this sensor, this part from
[30:54] this sensor. That's another recommendation that we could also look
[30:58] into. And that would allow us to go out there, use our acoustic leak detector
[31:04] and pinpoint exactly where the leak is before even services because according
[31:09] to the study 94% of our leaks never come to service which is what we're
[31:13] struggling with now
[31:18] that's what I was asking you that question because we're getting to the
[31:21] point we're fixing some we go down then some new one and also are we putting
[31:27] them in sleeves now I mean the pipe and putting pipe we put them in now is the
[31:33] Yes, it's in space. I think it was one of the workplace.
[31:38] » I think we need to start looking. >> I'm saying that because you're doing a
[31:43] great job. I'm not criticizing you. I want to
[31:48] committee. We really need to start looking ahead of time. I mean, if 2008,
[31:56] we were looking at the pipe sleep. maybe we wouldn't have as much pipes that we
[32:01] have to replace now. So 10 years from now whoever is here of course I'm not
[32:07] here whoever is here I don't want them say no 10 years ago they have done
[32:11] something to help that and that's why I want to look at outside the box and look
[32:16] at other recommendation that we can get what we can do [clears throat] like this
[32:22] other study the master water study Daniel is going to do that's great I had
[32:29] done that a year ago so we were two years
[32:33] So we need to start looking into
[32:38] future ahead of time not fixing it for now. That's my recommendation is my
[32:44] challenge to you and my committee. We both are not happy with
[32:50] what we see and you working really hard is working hard. You're doing great job.
[32:56] It's just we don't know what those pipes are.
[33:03] When the pressure changes on them, they start.
[33:07] So, we need to think outside the box. That's my challenge for myself.
[33:13] Absolutely.
[33:18] » Thank you. Thank you. Next item is the engineers report.
[33:25] I'll touch on several [clears throat] I'll touch on several water sewer
[33:29] projects that are currently ongoing. In your packet, you've got the notes from
[33:33] last night's meeting. The N project, we're wrapping that up as
[33:39] we speak. As we got actually two sign offs on our
[33:44] sign offs, we're trying to finalize contractage,
[33:49] complete uh funding request with NRD. the existing wastewater treatment plant
[33:57] and pump station. We're currently decommissioning those contractor out
[34:01] there the basins as well as removing the pump station on the golf course and turn
[34:07] those over to the original agreement to back to
[34:11] course. And lastly, I want to talk to you a
[34:15] little about water service area expansion up here on the screen. And
[34:20] this uh we went over this last night the meeting. Uh just as a general reminder,
[34:27] water and sewer service areas are like school district boundaries. They do not
[34:31] follow city limits. So some exhibit I have in
[34:36] front of you at the moment. What's in red is actually what you
[34:41] currently have on file with the Arkansas Natural Resource Commission as your
[34:46] water service area. This color here is Roger's water and then the purple color
[34:53] bill. And then lastly, what you'll see here on the bottom is water utilities.
[34:59] As part of any expansions that we do, we actually have to prepare a report,
[35:03] submit that to the natural resource division. Uh they will hold a public
[35:07] hearing. We have to notify all the water in the proximity to this area and
[35:14] get their comments on any expansions that we're claiming.
[35:19] U we have reached out to the bill is generally in in agreement with what our
[35:25] plan is. Let me show you real quickly what what our plan is.
[35:30] » Does that currently include the area or is that still Rogers?
[35:36] » It's still it's still with Rogers. We haven't noted in the report that it will
[35:41] transition upon our connection our service connection to that that area
[35:47] as well as the others that we we gave up the connection the station side. What
[35:53] you'll see here in yellow is what we uh have developed in the water committee or
[35:58] we plan to recommend or having discussions with our neighbor
[36:04] idea. [clears throat] Highway 264 is running right through
[36:10] here and highway 112 runs through here. This light blue line is the 12in water
[36:18] line was installed with the sales tax bond issue that was passed several years
[36:23] ago. And this green line is what was the sewer line which carries our waste water
[36:29] to to so it makes sense uh where these areas in yellow that we continue to move
[36:35] further west and join up with our neighbors. Makes a lot of sense here.
[36:40] One challenge we have uh you can see city limits in this light gray blue
[36:47] color actually down all the way to highway 264
[36:53] but you'll look at our service area dissects that section of their city
[36:59] limits. We had a water service area prior to those
[37:06] not annexations annexations from the property owners that live in that area.
[37:11] So, we presented this to Bentonville. We've been working on this over a year
[37:15] and their response, [clears throat] excuse me. Their response was uh rather
[37:21] than just the water service areas is to present a
[37:27] franchise agreement where we can actually service uh their uh residents
[37:33] within the city limits. We have that Justin has it. we reviewing that uh
[37:38] determine which path we need to how do we need to move forward and that's
[37:42] that's what I'm going to ask tonight. Do you guys have a direction or what you
[37:46] would like us to move forward with that? Now, two things we do. We got a couple
[37:50] options. One, we can go ahead and submit this to NRD as we have presented here
[37:56] and have to go through the public meeting and there will be comments back
[38:00] from our neighbors associated with that. Or we could do a combination of
[38:04] franchise agreement and adjust this submitt to NRD which effectively we can
[38:11] remove the area here uh where we overlap and only ask for
[38:18] things outside of the city's city limits if you will. Now part of
[38:24] this franchise agreement there's a couple things that we would need to
[38:27] negotiate. Number one, um any improvements that are generated in
[38:34] this area, we spend our money uh to invest in that infrastructure. We would
[38:40] like any impact fees to return back to the city of K Springs based on our
[38:46] current ordinances. And probably the other larger item is at some point they
[38:52] reserve the right to come in and take that infrastructure whenever they
[38:56] continue to build. down to that area where they can connect
[39:00] to it. They would like that to revert back to the city of ownership. We
[39:05] recommend if that were to happen that they would purchase that and whatever
[39:09] value that is at the top. So again looking at a couple of options we want
[39:15] to move forward as we have been working and going to present this TRD or a
[39:20] combination of what we have here today and a franchise agreement with the city
[39:25] of B. Should be noted that uh the city of Hill does have a franchise agreement
[39:30] with Senator as well and based on my understanding it's worked well. I've not
[39:36] heard anything any different. [clears throat] With that I will open it
[39:41] up for questions.
[39:47] » I think as discussed last night we need to see that franchise agreement and
[39:52] understand it before we can make
[39:59] Well, we can visit with Justin and see if there's an
[40:03] opportunity we can have it back at the next work session. Show you what that
[40:07] looks like. And I would I would anticipate this would go back and forth
[40:11] negotiating back and forth between each entity as approved by both governance.
[40:29] Any other questions? Clear as mud.
[40:36] » All right. The last item, engineering report, just a couple projects to
[40:41] discuss. The West Road sidewalks. We received our approval that has been
[40:45] advertised. Our opening bids on the 13th of November at 2 pm. So we'll be back
[40:51] for you next city council meeting with the recommendation of the word contract
[40:56] contractor extended sidewalk. The other item on everyone's mind is the traffic
[41:01] signal. The poles will arrive at the contractor's yard at the end of this
[41:06] week is scheduled to begin construction next week.
[41:11] stilling some with sweat coat but that is the latest as of middle of the day
[41:17] today
[41:21] or something
[41:25] » the poles were completed they just had not been shipped maintained on the
[41:30] manufacturer's yard that's what we've been waiting for is to get them to the
[41:34] conting
[41:48] We're pushing. >> Any other questions?
[41:52] » I have a question. >> Yes, ma'am.
[41:54] » Um, the sewer capacity study. So, we have our new one complete. Is that done
[41:59] yet? >> We have a graph that we reviewed uh last
[42:04] month or previous month's meeting. We're making a few adjustments based on
[42:07] comments that we received. for the water meeting. We'll be ready, I
[42:12] would say, in the next couple months to present to the council if yall would
[42:15] like to see it. >> Okay. Because I had um some questions. I
[42:20] meant to reach out to you today, but I wasn't able to. Um I remember that that
[42:24] Buffington property that was here, they with all these subdivisions coming in,
[42:31] you know, they the number of homes that would have been like on that property.
[42:35] Um it was my understanding communicated that
[42:41] didn't know if it could go forward unless the sewer capacity study was
[42:44] complete. So, how are we building these developments
[42:49] without the sewer capacity study? Is it
[42:54] Could you expand upon that? You understand what I'm asking? Because
[42:57] we're approving a lot of development, but I know one development did leave
[43:03] because they we didn't know if that particular
[43:07] land could work for the sewer system and the new
[43:12] lift station. So with all of these developments being
[43:16] approved, are are we worried about sewer capacity because a lot of homes have
[43:22] gone up? >> No, they they have been evaluated on a
[43:25] case by case basis. So what the sewer study is actually doing is taking a
[43:30] holistic view of what's available in the city, what's left in the city, and
[43:34] identifying areas for new trunk lines to go
[43:38] to be installed throughout basins where where nothing exists.
[43:43] to max to help us size the future capacity of the sewer. So what we don't
[43:48] want to do, for example, what we don't want to do is install an 8 in sewer line
[43:52] in an area and develop coming in 10 years down the road. All of a sudden
[43:55] that 8 in is not enough for that new development. We size it and determine
[43:59] that that needs to be 15 in or larger sewer line and potentially do a cost
[44:05] share or ask the developer to install something larger than than needed for
[44:10] their development. U what is going on right now with the model that we develop
[44:15] as developers do come in and ask for capacity to your current pressurized
[44:21] system and step system we have that has been modeled and we can put that in the
[44:25] model to determine if that capacity exists with that size of development
[44:30] with the current infrastructure you have to station we have used that on a couple
[44:36] occasions already with with developers
[44:41] But depending on the the property bill for instance, that is one that that
[44:49] requirement was placed on the developer to show us to study our system their
[44:55] connection point to ensure that there was enough capacity that we reviewed and
[44:59] commented and went back and forth several times to determine if they could
[45:03] in fact connect to that to the system. >> Okay. So it has not stopped in
[45:09] development. >> Okay.
[45:11] » Now we may have we may have told some developers that this is in process. We
[45:15] can't tell them what the ultimate size of a gravity line is until it's
[45:20] completed at this point. >> Okay.
[45:23] » We have not stopped. I think what maybe is like someone
[45:36] that's the question where we at no I think we are comfortable having
[45:42] performing this study at this point is a good put places you in a very good
[45:47] position not only that the the lift station that we just completed there
[45:52] station back it was designed based on the current size of the city of
[45:57] education rings with expansion potential what we're talking about this water
[46:01] service area that we just went over. So I can't remember exactly we have places
[46:07] for two additional pumps in the station. >> We have placements for that. So as we
[46:14] grow we won't be able to expand that list. We'll add a pump and then we'll
[46:18] add another pump. Now ultimately at some point depending I mean as as far as we
[46:23] can plan with our crystal ball that's all we can do densities and some of the
[46:29] plans I think you'll talk about tonight. Uh as we're looking uh other densities
[46:34] as well that plays a role in this. So some of
[46:37] our neighboring cities where they're running into challenges, infrastructure
[46:41] that was 50 years ago was not based on a higher density what we're seeing wind
[46:47] that's where some of those struggles are coming.
[46:52] But as far as we're concerned, I think we're planning very well.
[46:56] » Okay. >> So we're we're good with what we
[47:00] currently have on the agenda. what we currently have approved and more
[47:05] development to come. >> It should it should be noted five years
[47:11] ago that was not the case because we were we knew that due to the growth we
[47:16] were going to reach capacity with the current treatment plants and
[47:20] the drip fields that we had and we had to make a decision on whether we stop
[47:24] growing or do we make an investment to go to Naka and that's where you have the
[47:28] vision to move forward and go to NAL. That was not the case that we preserved.
[47:34] » Okay. Thank you. >> Anything else?
[47:38] Thank you. Next item is the attorney's report.
[47:44] » Good evening, council. Also, we have franchise agreements on
[47:49] the agenda uh later. So, looking forward to getting those done and and in place.
[47:56] uh coming up u at the next court session plan to have a draft of a few revisions
[48:02] to personnel handbook uh that we've been working on. So we have that one for you.
[48:08] I'll also have to see the water franchise that we've
[48:12] talked about. Um, I'll provide you with the version that was provided to us bill
[48:16] and then I'll provide you also with the version with recommended changes to it.
[48:21] Um, to to handle some of the issues that Daniel
[48:25] uh brought up. Um, also uh uh some things that are in the works as Daniel
[48:31] mentioned with the NA project now that commissioning is uh decommissioning is
[48:35] happening with some of the implements over the over at the golf course. We're
[48:41] in a position to uh to be ready to to do that transfer.
[48:46] That's already been approved some time back now. It's been a year or two uh on
[48:52] where that was approved, but there may be something where we decide it may be a
[48:56] good idea to bring it back through just to get
[48:59] to make sure we're all on the same page. But essentially, we're going to be
[49:03] transferring those assets that remain over to um over the golf course. Um and
[49:10] then there'll be a release of some of the ements that are there that we're
[49:13] getting in a water sewer ement that we need for [snorts] our system
[49:18] if you kind of recall all that from a couple years ago. Uh lastly, oh had a
[49:25] meeting at Holland yesterday went through a number of kind of uh project
[49:31] issues, things that are going on. U talked quite a bit about drainage and
[49:35] we're going to continue to be uh looking at that. I'm looking at it from a a
[49:40] point of view of of what type of changes might we need just based on things that
[49:45] we've we've encountered. So, we're going to continue working on that. Uh the
[49:49] agenda on that meeting was too big for us to complete one day. So, we're going
[49:53] to uh meet back and and do that. But I I do think that
[49:59] changes coming up on that in the next couple months. Uh so, that's a little
[50:03] harder maybe, you know, maybe coming in January.
[50:08] and some updates that we need to do. So, uh those are just
[50:13] four different things that are kind of ongoing right now. Any any questions for
[50:18] me?
[50:21] » Thank you. Next treasur
[50:29] and then the mayor's report. very brief, but we are currently working
[50:35] with all the department heads on budgets. It's that time of year. Hope to
[50:40] have you a budget very quickly to be able to review that their input is on
[50:45] their departments and it is it is coming from a group effort that's being
[50:52] directed by the department heads. So that should be coming to you all very
[50:57] soon and looking forward to preparing for next year. Next item is public
[51:05] comments.
[51:08] Any public comments? [clears throat and cough]
[51:23] Um I am asking
[51:31] I know that we keep this down the road but my house
[51:36] 102 days ago. Um it does seem like we would love to things here. I'm just
[51:41] curious if there's ever going to be a resolution or a plan of action or
[51:52] you guys. >> So, did you hear that the attorney and
[51:56] the engineer were meeting about the drainage issue?
[51:59] » I did hear that, but I heard that it takes more than I feel like is a long
[52:06] time. So, I did hear about
[52:10] I don't feel like it because it's not a part of me or I don't know
[52:15] » or it's a process. It takes time. >> I agree.
[52:19] » Yeah. >> But I don't think this is the first to
[52:21] experience my knowledge. Um >> I don't think so either. Thousands of
[52:25] years of floods and that's why we have engineers to try to help figure it out.
[52:29] I don't know what else we can do other than rely on our engineers. Do you want
[52:33] us to hire more engineers? Do you want us to like have them do a battle royale?
[52:37] It's just you come and you've sworn at us before and it's just we're not
[52:41] kicking this down the road. It's an important issue to us. There's not much
[52:44] more that we can do. I can't come to your house and figure it out. I don't
[52:47] know how. I just I literally don't know the engineering or the math. So, I can't
[52:52] figure it out. I have to outsource that opinion to our engineer
[52:57] and then he's going to come with a plan that they're going to, you know, again
[53:00] try and figure out. It isn't going to be instant though. It's going to take
[53:03] » I'm not expecting it to be instant. I don't think anybody the first person and
[53:08] ask when something is going to happen. I'm not directly targeting you or
[53:11] anybody on the city council here. I'm just saying that this meeting is going
[53:17] to okay and that's fine if it takes time but I
[53:22] think over time there should be some sort of update that we can expect
[53:27] what's coming out of that. Um I've been a budget before I couldn't simply just
[53:32] continue down the road. I mean listening today like financial reports are being
[53:39] table like I mean what are we supposed to expect? I want party and yeah I did
[53:44] come here and say that it seems like things are show because to be honest he
[53:48] does every time I come >> the mayor looks around everybody else
[53:53] like where does what is the one responsible
[53:58] for anything I have asked my engineer multiple times about your stuff and he
[54:04] is looking into it your situation is a little complicated you you you bought a
[54:09] home in a place that didn't have curbside cutouts. I have personally come
[54:15] after you spoke and another person in your neighborhood came down and looked.
[54:19] Actually, it was before you spoke because you were surprised to see your
[54:22] pictures up there because I cared so much I asked our engineer to do it. I
[54:26] said, "Could you please look at this home on the corner across from the
[54:29] detention pond?" So, I have asked for updates. There is a process. Um
[54:37] but your situation is is very unique >> and and he has looked into it. I have we
[54:44] we have updated if we if we constantly I mean he has to do his job. I I did my
[54:51] job as a council member I thought and came down and asked him to look at your
[54:54] particular property which you questioned why was my house up there. I said well I
[54:59] asked him to look cuz I saw your damage. So the council members do care
[55:07] and once again I'm not trying to blame anybody. This is not where we get we
[55:13] this is what happens right. I'm just saying I have come here since that
[55:18] happened and hoping that you guys are working on a resolution. If you say you
[55:22] are I can totally trust you and assume that you are and come back next month
[55:25] and hope you hear something different. I'm not confident that that's the case
[55:29] because I've been here a few times and nothing has changed. Um, when I come
[55:33] here, I started by arguing amongst everybody here in this room. How do I
[55:38] have confidence I can trust that you guys are running the city the way it
[55:41] should be? I mean, we didn't have insurance on our police vehicles and
[55:45] they couldn't drive. person doesn't follow the law in this city, but you
[55:49] can't even guarantee people would be able to monitor the streets for us. So,
[55:52] I'm not again not here to explain, just simply saying like I'm a homeowner in
[55:56] this city. I care about this city. I would like it if something were to come
[56:01] out of this eventually and maybe like a timeline like in a month we'll let you
[56:06] know who we spoke to or something and not just
[56:11] » we've already we've already been letting you know we
[56:15] have engineers working. I mean, again, I I just I I
[56:19] don't You say, "I'm not coming in just But that's exactly what you're doing.
[56:22] You You've come down to two meetings. You've sworn. You've not been
[56:26] particularly polite." You know, we we are essentially all six of us as
[56:31] governor. We are essentially volunteers. We do not I mean, the amount that we get
[56:36] paid is is like a perium. We we are all volunteers in this capacity. We all have
[56:42] full-time jobs and children and lives. Our full-time job Not, oh my gosh, you
[56:47] know, citizens having a drainage problem. I'm going have to put
[56:51] everything on hold. And we have to rely on the experts. I mean, that's what we
[56:56] have to do. What is the alternative? That's my question. What is the
[56:59] alternative? >> I'm not blaming you. I'm not blaming any
[57:02] of you. This is the experts that are supposed to give us solutions. I'm just
[57:07] asking what you expect. Is that a bad thing for me to ask? I not come up here
[57:11] and have my own like time with you guys to say like I'm concerned about my home
[57:16] and it wasn't just my home. There were several of them and I'm sure they would
[57:20] all be happy to come up here and share their stories but it's not me who's
[57:24] obviously upset. >> No no I'm not I'm not I was going to say
[57:29] mayor we're kind of in a back and forth and that's usually what we don't do at
[57:32] public but I was going to say something just to maybe you have a very particular
[57:37] problem. It's a very complex problem. It's a problem that that is very
[57:40] challenging uh to solve. What I might recommend is it it doesn't lend itself
[57:46] to solving at a public comment period. This is really a period where people
[57:49] kind of and and have a comment and one council does what I might suggest is
[57:56] that um this happens but connecting with somebody at the city that you can come
[58:02] and have a sit down with and a discussion uh where you get some updates
[58:06] and things like that. May seem like you're not getting There are there's
[58:09] quite a bit happening with with with limited resources and things that you
[58:13] know gravity only goes one way and and there's some big challenges there and I
[58:18] think it may leave the impression that nothing is happening. So u if you want
[58:22] to after the meeting I'll come talk to you maybe I'll do it with somebody. So I
[58:24] think it's this is more of a you probably need to come into city hall and
[58:27] have a sit down with somebody at there and kind of share your concerns get some
[58:31] feedback and then and kind of have that interaction because it really doesn't
[58:34] lend itself well here. I have concerns about the city not being
[58:39] managed well and it's not based on my particular issue that I have but it's
[58:44] based on that I see the reports that are coming up here and how I see that nobody
[58:49] seems to take ownership of the things that are happening in our city that's
[58:53] comment I'm just saying I have concerns about
[58:57] that and as a citizen of the city I would hope that those concerns are
[59:01] addressed eventually but I don't have comments
[59:06] One more time. Ma'am, can I get your name?
[59:10] » L E T I S H.
[59:26] » And I do want to make a statement as well.
[59:34] As we mentioned a few minutes ago, we went down this week and sat down and
[59:39] discussed a whole host of issues. We are working on a number of different
[59:43] drainage issues. We're working on a number of different issues as a city
[59:48] from streets to uh growth to drainage to expansion of water and sewer and
[59:56] development. And those are all things that we do. They do require experts and
[1:00:02] we have experts engaged and we address those items. I've got a three page list
[1:00:10] that I work off of every day and things come on, things go off and things are
[1:00:15] taken care of. Those are my responsibility. I take care of those
[1:00:21] responsibilities. It doesn't always happen quickly and
[1:00:25] some things happen more quickly than others, but that is where we are right
[1:00:30] now. And that is the process that's not always.
[1:00:34] So the next item on the agenda, do we have any further comments?
[1:00:43] » Thank you, Mr. Mayor. Council, I appreciate you. Just get a moment to
[1:00:46] introduce myself. I'm Mike Armstrong. I'm running for family court judge. Uh
[1:00:51] I've been practicing law here for about 20 years in in Northwest Arkansas. last
[1:00:55] 15 doing family law and mentioned dealing with issues in the city and I
[1:01:01] think that a lot of citizens probably have issues with the courts here in
[1:01:06] Benton County and I'd love to be able to visit with any of you today about that
[1:01:11] find out what kind of judge you're looking for in Kate Springs and in
[1:01:14] Benton County. I've been doing this for like I said about 20 years 15 years of
[1:01:18] domestic relations work. I've got all that experience that I bring to the
[1:01:22] table. I think the most important aspect of of family court job is families and
[1:01:28] dealing with that. And like I said, I'd love to visit with anybody about that. I
[1:01:31] hope to earn your trust and your support and vote on March. Again, it's Mike
[1:01:35] Armstrong. So, thank you. Anyone else?
[1:01:42] Next item on the agenda is the old business and that's an ordinance
[1:01:46] adopting the master street plan. Do I hear a motion to sort of suspend the
[1:01:51] rules and place this on third and final reading? Got a motion by JJ. Do I hear a
[1:01:56] second? >> Second.
[1:01:57] » Second by Erica. >> Roll call.
[1:02:01] » Mike. >> Yes.
[1:02:02] » MC. >> Yes.
[1:02:04] » JJ. >> Yes.
[1:02:05] » Mark. >> Yes.
[1:02:06] » Erica. >> Yes.
[1:02:13] » City case county Arkansas ordinance adopting the master street plan.
[1:02:18] for city of K Springs, Arkansas. >> Okay. Do I hear a motion to approve
[1:02:24] some? Got a motion by JJ. Do I hear a second?
[1:02:27] » Second. >> Second by MC. Any discussion?
[1:02:32] » Yes. David,
[1:02:36] I'm looking at information you gave us
[1:02:44] the city council report. >> Yes, sir.
[1:02:48] It says mixed use neighborhood categories along 264 East Avenue were
[1:02:56] changed to mix corridor. What is it?
[1:03:04] » It's basically just change based on the downtown.
[1:03:13] Does that change in those areas? >> Essentially, no.
[1:03:19] » Yeah. I mean, it's the it's just changing.
[1:03:28] » So, what is it? Mix corridor. That's where it's changing to correct.
[1:03:34] Okay. So, mixor
[1:03:44] There's a little bit. So allows for wide spectrum uses
[1:03:50] encourages all housing types and single families multi
[1:03:57] recognizes the existence of some street commercial industrial uses within these
[1:04:00] areas. Mixed corridor encourages mixed use development that better responds to
[1:04:06] multi needs. Uh place the majority of the parking on the side of your
[1:04:10] developments. aesthetics design
[1:04:16] industrial. >> It has a lot of industrial in there, but
[1:04:19] it would still have to be zoned actually for industrial and the only place we
[1:04:25] actually show industrial is
[1:04:33] still for something like that to be allowed to that
[1:04:40] and And there again, you know, as we transition into the zoning code, you
[1:04:46] know, like we have to encompass or kind of create those categories, right?
[1:04:54] Light industrial like currently we don't have a light industrial category. So if
[1:04:58] someone right now came to us and said, I want to do this and called it light
[1:05:03] industrial, well, we don't have a light industrial technical category. So we
[1:05:08] would have to once we work on that kind of create that and then create what's
[1:05:12] allowed in industrial typically line industrial would be where you would
[1:05:17] allow something like
[1:05:20] storage light manufacturing things like that not
[1:05:26] like not heavy industry essentially you know
[1:05:31] it's it's it's something that cities have put in place kind of on those
[1:05:35] corridors to
[1:05:40] uses.
[1:05:44] » Yeah, I I may have misheard the sentence he
[1:05:48] was reading from there. I just um on the excuse corridor Derrick Barer. I just
[1:05:54] wanted to mention that within that pink color, that light pink color, it
[1:05:59] actually says um I'm sorry >> that that it does not encourage light.
[1:06:06] any storage facilities are not compatible within NBC other light
[1:06:11] industrial items. And so those would be of course you dial it in with your
[1:06:17] zoning map. Um but this resource is suggesting that industrial items would
[1:06:24] go into that light industrial category that's actually on the map which is not
[1:06:30] open.
[1:06:37] just
[1:06:43] my concern is
[1:06:48] nomenclature. This is a future land map, but once if
[1:06:53] it's passed tonight, it immediately goes into use. So, it's not a future land map
[1:07:00] land use map. It's a current or will be current. This is It's going to be
[1:07:05] adopted, but it's to guide the future development of the city. It's not some,
[1:07:09] you know, just because >> I understand. I understand. It's a
[1:07:12] guide. >> But I was here when you first hired on
[1:07:19] and we had the discussion about temporary
[1:07:22] with the RV park and the explanation that the city, the planning commission
[1:07:28] used was that fit, that expansion fit because it
[1:07:34] met the criteria for park and it met the criteria for recreation and therefore an
[1:07:41] RV park fit in there. I still can't wrap my mind why a RV park
[1:07:49] meant a park and then recreation. Yeah, there's a golf course there, but that
[1:07:56] has no bearing on the RV. >> Wow.
[1:07:59] » And I'm concerned that our planning commission still operates that way.
[1:08:06] That's my concern with all of this. >> We are becoming or seem to be trying to
[1:08:11] become Rogers or Venville in the way we're expanding. Now, everybody has
[1:08:18] right to sell, don't get me wrong, but use, we're going to start button up
[1:08:25] against everybody else and eventually we're going to run out of space.
[1:08:31] » Yes. Am I not correct?
[1:08:35] » Well, on the RV park side, if I'm not mistaken,
[1:08:40] so high. So, that is something.
[1:08:46] So, once we get into the zoning, which you know, hopefully by the end of next
[1:08:50] year, we'll have doing the discussions again will have in the zoning code more
[1:08:55] stringent rules on things like RV parks storage things like that because if I'm
[1:09:00] not mistaken RV parks are allowed by right in commercial zone and that piece
[1:09:06] of land along the highway somewhat was res commercial and it's allowed by right
[1:09:12] and there's no I mean there's there's nothing that we
[1:09:16] have to stop it essentially at that point you know that that again that's
[1:09:20] dumbuture I'm not I wasn't against the expansion
[1:09:25] of it. It's the way it was done that bothered me saying it met criteria for
[1:09:30] park and met the criteria for recreation. I mean again you get into
[1:09:38] place but
[1:09:42] I'm not a trusting person. One one thing I might add in regards to
[1:09:47] I I do appreciate that comment about running out of space and um and
[1:09:53] development happening all around NWA and C Springs that um and so one thing that
[1:10:00] I do appreciate about the direction that the cities go with this map and the
[1:10:04] planning commission coming from that downtown plan like mentioned um the map
[1:10:10] is encouraging mixed uses and more density
[1:10:16] within the downtown area and I don't think that is um I mean that is very
[1:10:22] much in line with the the history of the downtown of this community and so the
[1:10:28] more that we can encourage um with the mixed uses and and density in the
[1:10:34] downtown area we can save more land you know outside of that
[1:10:39] » the CPZ do that also it doesn't have to be
[1:10:46] because of my late church. >> Yes,
[1:10:49] » we're putting in many uh >> Well, we also don't want we don't want
[1:10:54] to move forward having easy all the time.
[1:10:58] » I agree with that. >> So, that that that goes back to the
[1:11:01] zoning up trying to incorporate where people don't have to
[1:11:07] apply for easy and we allow some of those things by
[1:11:11] » but I I fully understand we're coming from
[1:11:15] Southtown and there there's numerous things that once we get to the zoning
[1:11:21] code, we're going to have to find
[1:11:27] anything else. I just encourage you to get the zoning
[1:11:31] done as soon as you can because we I've been asking for that for a year a year
[1:11:36] and a half and I really like to see that because we get the subdivision in
[1:11:41] downtown master plan. Now we got it. Let's start working on those zone input
[1:11:46] because when we do PCD it's okay but as you said it and I agree with it PC is
[1:11:52] not going to resolve our issues. It's a good thing for now, but we really
[1:11:57] need to get those code updated and created
[1:12:05] and we're continuing to work on it now that you know we've got some of this
[1:12:09] other stuff. >> Will you get that done faster if we
[1:12:12] don't have to talk about this future? >> I mean, we can focus on a little bit,
[1:12:18] you know, a little bit
[1:12:22] further discussion
[1:12:31] Yes. >> JJ,
[1:12:33] » yes. >> Mark,
[1:12:34] » yes.
[1:12:37] » Okay, that pass for one.
[1:12:45] Next motion to approve the emergency.
[1:12:50] Got a motion by JJ. Do I hear a second? Second by MC
[1:12:57] and >> J.
[1:13:00] » Yes. >> Mark.
[1:13:01] » Yes. >> Erica.
[1:13:02] » Yes. Mike. >> MC.
[1:13:05] » Yes. And what was the number on this? >> 2025-21.
[1:13:11] » 21. Thank you.
[1:13:17] Next item is a resolution to authorize the mayor to negotiate the contract
[1:13:25] for the website. Do I hear a motion to approve?
[1:13:28] A motion by JJ. Do I hear a second? Second by MC. Any discussion?
[1:13:36] Please update that website. That's the only.
[1:13:40] » All in favor say I. >> I. I. All those like sign that was
[1:13:45] approved. >> 2025-55.
[1:13:53] » Next item on the agenda is an ordinance to amend in its entirety the uh
[1:14:02] franchise agreement with Black Hills Energy. Do I hear a motion to approve?
[1:14:07] » So >> do I hear a second?
[1:14:10] » Got a motion by Second by JJ.
[1:14:14] Roll call. He's going to have to wait. >> Yes. I'm sorry. Motion to
[1:14:22] suspend the rules. Place it on third reading by
[1:14:26] a motion by JJ and second by. Okay. Now roll.
[1:14:34] » Mark. >> Yes.
[1:14:35] » Erica. >> Yes. Mike.
[1:14:37] » Yes. >> NC.
[1:14:38] » Yes. >> JJ.
[1:14:39] » Yes.
[1:14:43] Ordinance 22. Is that right?
[1:14:49] » Okay. Or December 2025-22
[1:14:54] city county Arkansas an ordinance to amend in its entirety or
[1:15:00] December 98 Black Hills Energy Inc. successors the right privilege of
[1:15:05] trained to construct, maintain and operate natural gas systems and lay gas
[1:15:10] mains along and over across and trans valley roads highways and other public
[1:15:14] ways for the purpose of distributing or selling gas providing for the regulation
[1:15:18] of the condaling all in there providing for emergency.
[1:15:28] » All right. Do I hear a motion to approve?
[1:15:31] Motion by JJ. Second by MC. Call
[1:15:36] » Erica. >> Yes. Mike.
[1:15:39] » Yes. >> MC.
[1:15:40] » Yes. >> JJ.
[1:15:41] » Yes. >> Mark.
[1:15:42] » Yes. >> Okay, that was approved. Do I hear a
[1:15:46] motion to approve the emergency clause? Motion by JJ. Do I hear a second?
[1:15:53] » Second. >> Second by Erica.
[1:15:57] Roll call. >> Mike,
[1:16:00] » yes. >> MC,
[1:16:01] » yes. >> JJ,
[1:16:02] » yes. >> Mark,
[1:16:03] » yes. >> Erica,
[1:16:04] » yes. >> Okay, that was approved. Next item on
[1:16:09] the agenda is an ordinance for the franchise feot
[1:16:16] to suspend the rules and place this on third and final reading.
[1:16:21] Got a motion by JJ, second by MC. Roll call.
[1:16:28] » MC. >> Yes.
[1:16:29] » JJ, >> yes.
[1:16:30] » Mark, >> yes.
[1:16:31] » Erica, >> yes. Mike,
[1:16:33] » yes.
[1:16:37] » For December 2025-23 County, Arkansas
[1:16:43] to Bright Speed and Northwest Arkansas LLC FK and retail
[1:16:48] Arkansas LLC on behalf of myself and operating affiliates Bright Speed
[1:16:52] operate and maintain a telecommunication system.
[1:16:56] in the city of Chief Prince, Arkansas. The city declaring emergency for
[1:17:00] purposes. Do I hear a motion to approve? Got a motion by JJ second by MC
[1:17:08] roll. >> JJ,
[1:17:10] » yes. >> Mark,
[1:17:12] » yes. >> Erica, yes. Mike,
[1:17:13] » yes. >> MC,
[1:17:14] » yes. >> That was approved. And do I hear a
[1:17:19] motion to approve the emergency clause? >> Motion by JJ.
[1:17:26] Second by Mike.
[1:17:31] » Mark. >> Yes.
[1:17:32] » Erica. >> Yes. Mark.
[1:17:34] » MC. >> Yes.
[1:17:35] » JJ. >> Yes.
[1:17:40] » All right. That was approved. The next item is item um
[1:17:48] the Carol Electric franchise agreement. Do I hear a motion to suspend the rules
[1:17:54] and place this on third and final reading? So motion by JJ. Do I hear a
[1:17:58] second? >> Second.
[1:18:00] » Second by Erica. Roll call. >> Erica.
[1:18:04] » Yes. >> Mike.
[1:18:05] » Yes. >> MC.
[1:18:07] » Yes. >> JJ.
[1:18:07] » Yes. Mark. >> Yes.
[1:18:14] December 2024-24. City Arkansas
[1:18:20] number 100 electric successors right privilege and
[1:18:24] franchise the truck maintain and operate electric distribution
[1:18:29] system and to electric lines and equipment along across streets roads
[1:18:35] highways and other public ways for the purpose of distributing and selling
[1:18:39] electric power regulation of conduct satellite distribution system all
[1:18:44] ordinance in conflict there provides
[1:18:49] Do I hear a motion to approve? >> Got a motion by JJ. Second
[1:18:55] by MC. Roll call.
[1:18:58] » Erica, >> yes. Mike,
[1:19:00] » yes. >> MC,
[1:19:01] » yes. >> JJ,
[1:19:02] » yes. >> Mark,
[1:19:03] » yes. >> Okay, that's approved. Do I hear a
[1:19:06] motion to approve the emergency clause? >> So move.
[1:19:09] » A motion by Eric. Do I hear a second? >> Second by Mark. All in favor? I mean,
[1:19:16] » Mike, >> yes.
[1:19:17] » MC, >> yes.
[1:19:18] » JJ, >> yes.
[1:19:19] » Yes. >> Erica,
[1:19:21] » yes. >> All right, that was
[1:19:26] » Next item is the franchise agreement with Southwestern Electric Power Tower.
[1:19:31] Do I hear a motion to suspend the rules and place this one on third?
[1:19:36] » A motion by JJ. Do I hear a second? >> Second.
[1:19:40] » Second by Mark. Roll call. >> Erica. Yes. Mike.
[1:19:44] » Yes. >> JJ.
[1:19:46] » Mike. >> Mike.
[1:19:48] » Yes. >> MC.
[1:19:50] » Yes. >> JJ.
[1:19:51] » Yes. >> Mark.
[1:19:52] » Yes.
[1:20:03] [snorts] Microsoft grant to Southwest
[1:20:11] maintain operate lines and appliances for conduct electricity in and over
[1:20:17] approve streets also
[1:20:25] I hear a motion to approve. So got a motion by JJ.
[1:20:31] » Second. >> Second by Mark.
[1:20:35] » MC. >> Yes.
[1:20:36] » JJ. >> Yes.
[1:20:37] » Mark. >> Yes.
[1:20:39] » Yes. Mike. >> Yes.
[1:20:42] » That was approved. And do I hear a motion to
[1:20:48] pass the emergency? A motion by JJ.
[1:20:55] » Second by Mark. Roll call. >> JJ.
[1:20:59] » Yes. >> Mark.
[1:21:00] » Yes. >> Erica. Yes. Mike.
[1:21:02] » MC. >> Yes.
[1:21:04] » That is approved. >> Next item on the agenda is an ordinance
[1:21:09] to reszone approximately 25.5 acres on Fort Lane. Do I hear a motion to suspend
[1:21:15] the rules and place this on third and final reading with title?
[1:21:20] A motion by JJ. Do I hear a second? >> Second by MC. Roll call.
[1:21:26] » Mark, >> yes.
[1:21:28] » Erica, >> yes. Mike,
[1:21:29] » yes. >> MC,
[1:21:30] » yes. >> JJ,
[1:21:32] » yes.
[1:21:36] for December 2025-26
[1:21:43] Arkansas 255 acres of real property located at
[1:21:48] 579 Ford Lane
[1:21:56] to approve motion by JJ do I hear
[1:22:01] » second by MC any discussion >> yes
[1:22:05] Um, David, you said ask questions at this point.
[1:22:09] Um, how this would be the most residentially dense area in all of Cave
[1:22:14] Springs. Then if this goes up as R3, we have Hillrest, we have Mount Brown, we
[1:22:19] have Rentwood, we have Ridgewood, and we have the We
[1:22:24] would that be a correct assumption considering it already was with Hillrest
[1:22:29] um when they started moving land. >> I mean, yes. I'm doing other
[1:22:37] other growth.
[1:22:41] » My concern with this property um is the drainage. We saw what happened with Bill
[1:22:48] and um they I I think it is extremely dense on that side of town and um
[1:22:57] I know they went down to to an R3 and I know it came approved from planning
[1:23:01] commission but I honestly do not think it's in the best interest of the city.
[1:23:07] I think >> any further discussion
[1:23:13] any
[1:23:21] » Oh well Yeah, I was speaking
[1:23:37] with Associates. I appreciate your time tonight. U regarding drainage
[1:23:43] specifically we'll be required to meet all the engineering requirements
[1:23:48] requirements set forth by the city of J Springs in the state of Arkansas
[1:23:52] professional engineer in the state and required to meet the requirements for
[1:23:58] you know public health safety and welfare so we'll design appropriately
[1:24:03] requirements furthermore to the west of us
[1:24:07] so we'll we'll be able to control the our site and release and meet the flow
[1:24:13] rates that's required. Uh regarding density specifically, the medium density
[1:24:19] designation was allowed under the previous land use map is currently
[1:24:23] allowed in the new one there tonight. So nothing changed there and the R3 that
[1:24:28] we're requesting falls under the medium density requirement. We're capping our
[1:24:32] unit count around 90 lots. So less than four units per acre on this side. lesson
[1:24:38] neighborhoods but matching the zoning in the neighborhood and north of Milving
[1:24:51] is less than Hillrest. >> That's correct.
[1:25:00] » Thank you. Any
[1:25:05] other questions? >> I guess I still have concerns was
[1:25:10] [clears throat] met the drainage requirements and we saw
[1:25:17] » roll call. >> Yes.
[1:25:20] » JJ, >> yes.
[1:25:21] » Mark, >> no.
[1:25:23] » Erica, no.
[1:25:34] Okay,
[1:25:41] so that was the last thing on our agenda. Is there any further ad?
[1:25:52] I want to share with the council that um communication came out and filled the
[1:25:59] six foot hole in my backyard >> that exposed the communication line.
[1:26:08] » You guys help us to do something. It's amazing.
[1:26:09] » That took a while. Yeah. >> I'll make a motion to adjourn.
[1:26:13] » Okay. Second. >> Thank you.
[1:26:17] » I have most motions tonight.