[0:12] United States. [0:22] » Let us pray. Heavenly Father, we just thank you for all the blessings you've [0:27] given us and given this city and how you continue to bless us. Father, we ask [0:32] that you'll just be with everyone here tonight, whether it's a an employee or [0:37] staff, somebody on the council or a citizens here tonight to discuss a [0:41] topic. Just uh let us hear the words we need to hear and speak the words we need [0:45] to speak. And at the end of the day, everything we do will be in your glory. [0:49] Your name we pray. Amen. >> Amen. Thank you, Mike. [0:55] All right. Again, welcome to tonight's regular [0:59] meeting of the Springdale City Council. This is Tuesday, September 8th, 2026. [1:04] And I'll call the meeting to order. And first order of business is for our city [1:08] clerk to call the role. Saber. >> Mayor Sprouse [1:11] » here. >> Brian Powell [1:13] » here. >> Amelia Taldo [1:14] » here. >> Jeff Watson. Mike Overton [1:18] » here. >> Mike Lawson [1:19] » here. >> Rex Bailey. Randall Harman [1:22] » here. >> Mark Fujus [1:24] » here. >> City Attorney Garrett Hartland [1:26] » here. >> All right. Thank you. We do have a [1:30] quorum. And uh we'll move on now to item four, comments from our citizens. If we [1:35] have citizens that would like to address the council, this is the portion that we [1:39] set aside each regular council meeting. We ask that you uh come to the podium. [1:44] Please state your name and your residential address and keep your [1:48] comments brief. will have a threeminut timer on and uh understand that the [1:53] council won't take action tonight on what you bring forward. [1:57] » Yes, sir. >> Not tonight. [1:59] » No, sir. >> Uh hello, my name is Steven Johnson, [2:04] 2155 Bridgeview Lane, Rogers, Arkansas. But being that I'm not from Springdale, [2:12] it still matters. I just like I went into [2:16] um Bentonville and did an audit on them. I will continue to do audits on everyone [2:23] and we will make sure that we're following the Constitution to the tea. [2:28] But here's my speech. I want to ask you a simple question. [2:33] What is the purpose of the Constitution? If you ask most people, they'll tell you [2:40] it is designed to protect our rights and keep us safe from government overreach. [2:45] In 200 years ago, Chief Justice John Marshall laid down a fundamental rule of [2:50] American law. In Marberry versus Madison, he wrote that any law repugnant [2:55] to the Constitution is void. It sounded simple, right? It means the Constitution [3:01] is the ultimate rule book. If a politician passes a law or official or [3:07] an official takes an action and it violates your constitutional rights, [3:12] it's supposed to carry zeal legal weight. It is void, null and dead on [3:16] arrival. That is the promise of our legal system. Now look how clear it [3:21] promises the across the fundamental law. Take [3:26] article one section 10 of the constitution in plain words. No state [3:31] shall make anything but silver and gold coin a tender payment in debts. [3:37] And yet today the average citizen operates under sound money. The courts [3:43] tell you paper overrides parchment. So the fundamental rights in Murdoch [3:50] versus Pennsylvania and the Supreme Court ruled that government cannot [3:53] convert a constitutional right into a privilege, charge a fee for it, or [3:59] require a license to tax a right is the power to control [4:05] or to destroy it. Yet every day basic citiz basic rights are conditioned on a [4:12] state permission of fees and license. When people go to court after their [4:18] rights are violated, law enforcement fails to protect them. [4:25] They run head first into very difficult reality. In major cases like Danti [4:30] versus Castle Rock, uh the sup so the Supreme Court has [4:34] ruled that the police have no affirmative duty to protect you. So if [4:39] you hold a court issued rem restraint, the Supreme Court says please have no [4:44] constitutional delegation to force it. So look at the two sides of the coin. [4:48] One side says courts say that the constitution is the supreme law. No law [4:54] repugnant no shall stand. And the other side that says no official actually owes [4:59] a duty of care to the people. So this is a contradiction that affects [5:05] every single citizen, every American. Stephen, you're out of time. I apologize [5:11] for that. You're welcome to come back and finish at another time if you like. [5:15] » Wow. [5:21] » Anyone else? [5:29] » Hello. [5:32] » Sorry. >> Name and residential address, please. Uh [5:35] Richard Koger, 4310 South Thompson is the address I'm saying. That's also a [5:40] restriction on free speech because you actually have people up here that are [5:44] nervous to speak and then you make them say the residential address and you guys [5:47] don't say your residential address every time you speak. So it's I don't think [5:51] that's right. Anyways, your time's clicking. Okay. So I'd like to put let's [5:56] see here. Like to bring some accuracy to the [5:59] statements made by the city. Um, [6:06] Flock feeds the data into third party servers and you have no control over it. [6:11] Contractually, physically, any control over it. I've asked the mayor several [6:15] times to respond to his statement about that we do not or that we own the data. [6:20] What does ownership mean in the context of your statement? But he refuses to [6:24] respond to it. And it says uh flock may share the data [6:29] if reasonably necessary. I've asked the chief if he has a contract has ever seen [6:34] the contract or has it with these third parties like AWS. He does not. [6:39] There's 142 cameras connected by the way. So you corner the argument about [6:43] ALPRs flop cameras. There's 142 cameras connected as of August 31st. [6:52] What in this contract? What clause in this contract stop stops third parties [6:57] from sending this data to China or selling it? There is no clause in [7:02] this contract that stops that. This contract is between you and flock and [7:06] you have essentially given away or granted since we like to, you know, [7:11] manipulate words between give away and granted our data to whomever wants it. [7:17] And I've expressed this on email to y'all for weeks and weeks and weeks. And [7:21] I mean it's getting Have you looked at it lawyer at 140 uh 12-12-1802? [7:28] I mean it's already breaking the law and [7:33] I'm just here to keep saying it in public cuz no one will listen. Richard [7:37] Koger, thank you. Anyone else? [7:46] Okay, seeing none, we'll move on to the next item of business, which is approval [7:49] of minutes. Uh council, you've had an opportunity to [7:52] look those over. Are there any changes or additions? [7:56] » Mayor, uh on page 90, we did a uh we uh did a grant. We granted a waiver for um [8:06] some sidewalk along um Highway 71. I believe the discussion was we wanted a [8:13] sidewalk along Highway 71 to be from the south property line up to the north [8:17] property line because there was discussion about a sign there that it [8:21] didn't show the sidewalk going all the way up to the north property line [8:25] » and I'd like to make sure >> the billboard you're talking about [8:27] » the billboard. Yeah. And I'd like to have that in the in the minutes that we [8:31] did discuss it going all the way up to the north property line. [8:35] » Does that that run rang true with me? That's the way I understood it. Is [8:40] everybody in agreement with that? Okay. Sabre will make those changes to make [8:45] sure that's reflected. Uh, okay. Thank you, Brian. With that said, I would [8:51] entertain a motion to approve the minutes as uh as amended. [8:55] » So, move. >> Second. [8:56] » Okay. We have a motion to second to approve the minutes as amended. [9:02] All those in favor, please say I. Any oppose? Same sign. Okay. Thank you. [9:09] Item six, procedural motions. What's your pleasure, council? [9:13] » Second. >> Okay, we have a motion and a second for [9:16] both A and B. And I'll call for the vote. [9:27] » Passes 70. >> Thank you. Uh item seven is financial [9:34] finance committee, I'm sorry, and chaired by Jeff Watson. Jeff was not [9:38] here. Uh Brian, did you take that? Would you like to take that tonight? All [9:42] right. >> All right. We had uh two items come [9:47] before the finance committee. Uh they were both forwarded for recommendation [9:51] for approval. First one is 7A. I'll read the title. [9:56] This resolution is a resolution authorizing the execution of a [10:00] construction contract for East Emma Avenue Streetscape project number 23 BP [10:08] S14. And Ben is here if you have any [10:12] questions. Yeah. So this project is a construction project to reduce the lanes [10:17] of East Emma Avenue from Park Street to Highway 265 from right now it varies [10:23] from about one and three/4ers lanes up to about four lanes. So we will make it [10:27] two consistent lanes. Add some bus stops, some good pedestrian sidewalks [10:32] down both sides of it. Uh sight lighting overhead. Now some of that becomes [10:36] bothered lighting as we get near the airport. Um we had several we had four [10:41] biders for this contract. The low bidder was from Grant Garrett excavating for [10:47] 4.8 million. The engineers estimate was 6.4 million and the bids ranged in in [10:53] price from 4.8 to 6.2. So, we had a pretty good spread and feel like we've [10:58] got a pretty good project here. >> Uh Ben, I got this question today and I [11:02] couldn't answer for sure. On the uh you didn't mention on street parking. Are we [11:06] retaining the same number of spots? Are we adding spots to what we've got now or [11:11] how does that fall? definitely adding. I don't have the number in my head. I I [11:16] think it's in the 40s. We're getting something like 46 or 48 more spaces than [11:20] what we have today. >> Good. Okay. Thank you. [11:25] » I'll make a motion the resolution pass. >> Okay, we've got a motion to approve the [11:28] resolution and a second. Any further comment or questions? [11:32] » Where's the detour going to run on that? Do you have or you know know that yet or [11:36] how are we going to get traffic through there? Um, we we plan to build it half [11:40] at a time under traffic. This is not a wholesale reconstruction. It's it's a [11:44] mill and overlay. Um, so other than where we're putting storm sewer in, we [11:49] we think we'll be able to keep traffic on it most of the time. There may be [11:53] slight detours at a time. There's not a great detour other than Huntsville [11:56] Avenue. [11:59] » Anyone in the audience have any comments on this project? [12:05] » All right, call for the vote. [12:12] That's 70. [12:16] All right. 7B [12:23] is a resolution authorizing the execution of a professional services [12:27] agreement for construction phase services for East Emma Avenue [12:31] Streetscape project number 23 BPS4. [12:38] Okay, so this is the construction services portion of the contract to go [12:42] along with that construction contract. This is to hire CI Engineering at a cost [12:46] of 361,100. This is an hourly not to exceed cost. [12:51] So, whatever they use, we'll pay. Whatever they don't, we won't. Um, and [12:57] we've we've realized in our downtown street projects, we know we're going to [13:01] find something. We just don't know what it is yet. We've done all the things we [13:05] could do to try and find what's down there, but once you put a shovel in the [13:08] ground, I'm sure we'll find something. That being the case, this contract's a [13:12] little bit higher than what you might see in a green field or an out of or a [13:18] newer area of town just because there's more likely for there to be something [13:21] buried there that we didn't didn't expect. [13:24] » We've in this oldest part of the city, we've we've found more surprises. You're [13:28] more likely to have surprises. >> Yeah. And I think Park Street, we found [13:31] an old gas tank. So, you know, we don't think we're going to find that this [13:35] time, but we did put some money in there just in case. Ben, will they then be [13:40] doing the uh re-engineering for any uh problems they encounter? Is that the [13:47] » I think so. Unless the problem is is very large. Yes, we think we've got [13:51] everything covered. And if it is, we'll come back and tell you what that is and [13:55] what happened and and what that going to cost. [14:03] » Move resolution pass. We have a motion, a second to approve [14:08] the resolution. Are there other questions or comments? [14:12] Anyone in the audience? [14:16] » All right, call for the vote. [14:21] » Carry 70. >> Thank you, Brian. You want to carry on [14:26] with the police and fire committee? >> We will carry on. [14:30] We had two items come before the police and fire committee. Both of those were [14:35] recommended or forwarded recommendation for approval. The first one [14:41] resolution I'll read the title is a resolution authorizing the city of [14:44] Springdale to enter into a contract with Steerman roofing and sheet metal for a [14:51] roofing project at fire station number two. Chief's here to talk about this. [14:57] » Yeah, this is to repair hail damage. actually had two events, one in 22 and [15:04] one in 2025. We do have insurance [15:10] monies that were paid to the city to cover these expenses. [15:14] » Move resolution pass. >> We have a motion, a second to approve [15:19] the resolution. Other comments or questions? [15:23] Anyone in the audience? Call for the vote. [15:32] passes 70. [15:35] » All right. 8B. [15:42] This is about purchasing a K9. Reading the title of this resolution. [15:47] The chief's here if you have any questions. A resolution amending the [15:51] 2026 budget of the city of Springdale Police Department and authorizing the [15:56] purchase of a new K9. The resolution be adopted. [15:59] » Second. >> Okay. [16:02] Any questions of the chief? We have a motion in a second. [16:06] I know we covered it in committee. Anyone in the audience? [16:14] All right. Call for vote. [16:20] That's a 70. Thank you. [16:27] All right, we're at item nine, planning commission report and recommendations by [16:30] Sharon Troberg, director of planning and community development. Sharon, [16:35] thank you. Good evening, council mayor. We have 10 items um that I'm bringing to [16:40] you from planning commission. [16:45] All right, the first item that we're going to start off with, this brings us [16:48] to East Belma Avenue near downtown. Um and this was a request to reszone a [16:52] property to a seed district. The title of this reads, "An ordinance amending [16:56] ordinance number 3307. The same being the zoning ordinance of the city of [17:00] Springdale, Arkansas, and the plat pertaining thereto by reszoning FB26-13 [17:06] certain lands located at 314 East Belma Avenue from a medium-density multifamily [17:11] residential district to MF12 to a Springdale elective enhancement district [17:16] seed neighborhood residential type 3 and declaring an emergency. I think I have a [17:22] site plan. There is a pending Oh, we do not have a copy of the plat. [17:27] There's a pending um lot split um for the property owner right now. She plans [17:31] to split her lot and then using a form-based code residential one be able [17:36] to uh build a home for an aging family member. Um planning commission [17:41] recommended it 9 to zero. And then as a reminder, the NR3 is residential um only [17:46] downtown. [17:51] Move the ordinance be adopted. >> Second. [17:53] » We have a motion, a second to approve the ordinance. Other questions or [17:56] comments? >> One question. [18:01] » How did all this come around to being MF12? Like it looks like everything [18:06] around it is MF12. >> I don't know the zoning history. A very, [18:10] very long time. Um I don't know. I'm happy to look into [18:14] that for you. But as as long as I've been with the city, this has been zoned [18:17] MF12 these neighborhoods. Or maybe by the time we adopted a zoning code, it [18:21] was most appropriate because these houses are a bit more dense. [18:25] » Sharon, could you could you explain for the public the NR3 what it what it [18:30] consists of? >> I know we have SF1's, SF2s. [18:34] » We do and maybe how how the council established seed districts. [18:39] » Absolutely. So, it's part of our our formbbased code and it's basically kind [18:43] of like an optional overlay. So somebody has the option um to be able to utilize [18:47] the formbbased code for in this instance like an MF12 [18:51] um I don't know write off but for example for a single family home you [18:55] might need 8,000 square feet but in a seed district and the formbbased code [18:59] it's more about the form and the way that it looks than just lot sizes. So [19:02] we're lo less focused on structure sizes and lot sizes and more focused. So for [19:08] this one, we would be more concerned with whatever Peggy is going to split [19:11] and then build that it fits into the character of the neighborhood. This is a [19:15] a neighborhood of of smaller single family residential structures and so we [19:20] would want it to be able to kind of blend with that nicely and complement [19:22] it. So that's why the residential category structures are only allowed in [19:25] the NR3 area here. [19:36] And this one had emergency clause because she's ready to to get her plat [19:39] done. [19:42] All right, we have a motion to second to approve. There are no other comments. [19:46] Anyone in the audience need to comment on this? Okay, call for vote. [19:57] Passes 70. [20:01] Emerge clause be adopted. >> Second. [20:06] » We have a motion to second on the emergency clause. Call for the vote. [20:14] Passes 70. [20:24] And the next one that we have takes us uh to Northwest Springdale over off [20:28] Wagon Wheel Road. Um and this is a reszone um from an A1 agricultural to a [20:33] C2. The title of this reads an ordinance amending ordinance number 3307. The same [20:39] being the zoning ordinance of the city of Springdale, Arkansas, and the plat [20:42] pertaining there to by reszoning R26-34 certain lands located at 4376 Twin Oaks [20:49] Drive, 3525 Wagon Wheel Road, and a parcel south of 3525 Wagon Wheel Road [20:55] from an agricultural district A1 to a general commercial commercial district [21:00] C2 within Springdale, Arkansas. Um, let me see if I have a [21:07] So, it might be hard to see on these, but um, the property owner that's [21:11] acquiring this is actually attempting to do a pretty decent cleanup on the site. [21:15] So, there's currently a plat pending being reviewed by staff to clean up some [21:19] of the property lines and make it a little bit more organized. There's some [21:22] access issues on that Twin Oaks area um, as well. And I think the property owner [21:26] is here in case um there are questions, but there's plans to clean up the site, [21:31] tear some of the accessory structures down. That was a conversation of [21:35] planning commission. So anyway, the the reasonzoning from A1 to C2 um that one [21:40] was unanimously voted for I'm sorry. Oh, sorry. Uh was unanimously voted for [21:45] approval nine um to zero and the totality is at 4.4 4 acre track that [21:52] they are seeking to come into the C2. [22:00] That's a kind of an odd shaped property. Is I'm assuming this is all just one [22:05] property and that that little triangle the north west corner is not part of [22:11] this property. Is that correct? >> Correct. The triangle is not. But right [22:15] now his I think he's hoping it for it to be one clean piece of property, but now [22:19] it's broken up into multiple little parcels of odd shapes. [22:23] » That's drainage, isn't it? Like a drainage ditch. [22:25] » It right in that area. Water flows. And then we know if there was ever a [22:31] development plan because this area lacks some utilities um access to sewer that [22:36] they would have to come back with a full development plan if they sought to build [22:39] something new. Would [22:42] » the orders be adopted? Okay, we have a motion and second to [22:46] adopt the ordinance. Other questions or comments, council? [22:51] Anyone in the audience? All right, we'll call for the vote. [23:02] Passes 70. Emergency clause be adopted. >> There was actually no emergency clause [23:07] on this one. Um, >> jump the gun. [23:09] » We had going to withdraw that motion. to draw [23:13] it again. All right, that's okay. >> Thank you, Brandon. [23:19] » Okay, let's move on to item C then. [23:30] All right, sorry. I'm trying to figure out the these two screens if I'm jumping [23:34] back and forth. Um, the next reason, um, this takes us over to Norththeast [23:37] Springdale, um, off Hatcher Road. The title of this one reads, "An ordinance [23:44] amending ordinance number 3307, the same being the zoning ordinance of the city [23:48] of Springdale, Arkansas, and the plat pertaining thereto by reszoning R26-38 [23:54] certain lands located the parcel south of 1124 Hatcher Road from an [23:59] agricultural district A1 to a low medium density single family residential [24:03] district SF2 and declaring an emergency. Um, in this piece, the property owner [24:08] has um a basically a tandem lot. His driveway is off of Hatcher. And as you [24:13] can see with um RO 612 project coming in, they're going to they're creating [24:19] this culde-sac um to the west that's going to be coming in and serving as a [24:23] driveway. And so this little piece was up for sale. So the property owner that [24:27] has that house there would like is has it under contract. he wants to buy it, [24:32] combine it it with his um and then use that for an accessory structure. [24:39] And that's what the overall zoning area looks like right now. [24:46] » I'll move the ordinance pass. >> Second. [24:49] » We have a motion second to approve the ordinance. Other questions or comments? [24:55] Anyone in the audience? Call for the vote. [25:04] passes 70. Motion clos second. [25:10] Okay, we have a motion to second on the emergency clause. Call for the vote. [25:19] » Carry 70. [25:30] Next one we have is going to take us over to [25:35] North Thompson and this is for a business fence brokers [25:40] that is moving in here. Um and they are they are seeking to go from a C2 to a [25:45] C5. They have some outdoor display um of some of their fence product. Uh the [25:50] title of this reads an ordinance amending ordinance number 3307. The same [25:54] being the zoning ordinance of the city of Springdale, Arkansas, and the plat [25:58] pertaining there too by reszoning R26-39 certain lands located at 5725 North [26:05] Thompson Street from a general commercial district C2 to a thoroughfare [26:09] commercial district C5 within Springdale, Arkansas. [26:15] This one's fairly straightforward. They want to be able to display. They're [26:19] going to be submitting a development plan to do a couple modifications and [26:22] improvements on site. Um they received a variance at planning commission. [26:29] » Can you show the zoning map or do you have that? [26:32] » Yes, there it is. [26:40] » Make a motion that we're pass. >> Second. [26:44] Okay, we have a motion, a second to approve. Other comments or questions? [26:50] Anyone in the audience? Call for the vote. [27:02] Passes 70. [27:15] And next one is this is a reszoning seeking to go from C2 to I1. [27:23] The title of this reads an ordinance amending ordinance number 3307. The same [27:28] being the zoning ordinance the city of Springdale, Arkansas and the plat [27:31] pertaining there too by reszoning R26-40 certain lands located at 355 East [27:36] Arkansas Highway 264 from a general commercial district C2 to a light [27:42] industrial district I1 and declaring an emergency. [27:46] Um, and for this one, I think it was probably worth noting the applicant uh [27:50] brought it up at planning commission that uh when this before it was annexed [27:54] into the city, um, formerly Bethl Heights, that it was under a zoning code [27:59] and which allowed some trades and services under what they had. Um, and [28:03] then once it was annexed into Springdale, it fell under C2. Um, so now [28:08] the majority of the businesses that are in that little park, um, I think there's [28:12] five different large structures are non-conforming. really in order for them [28:15] to be compliant they need a I1. Some of them are light manufacturing like a use [28:19] unit 25. So from my understanding this is sought um for the completion of a [28:23] cell to be compliant with the city. >> Move the res the ordinance pass. [28:29] » Second. >> Okay. We have a motion to second to [28:31] approve the ordinance. >> But there's no change in the operations [28:36] there. [28:42] » Anyone in the audience? Okay, call for the vote. [28:52] That's a 70. >> So, what would be emergency be on this [28:57] shar? >> Um, my notes are appending sale. [29:01] Appending sale. >> Emergency clause. Second. Okay, we have [29:07] a motion to second on the emergency clause. Call for the vote on the [29:09] emergency clause. [29:17] That's a 70. [29:23] All right. On to the last reszoning before we go to some others. And this [29:30] one takes us to West Sunset. Um I think most of us probably know this formerly [29:34] as Angus Jax. Um they are looking to go from a C2 to a C5. Also just about [29:40] compliance. The title of this reads, um, an ordinance amending ordinance number [29:44] 3307. The same being the zoning ordinance of the city of Springdale, [29:47] Arkansas, and the plat pertaining there too by reszoning R26-41 [29:52] certain lands located at 2638 West Sunset Avenue from a general commercial [29:57] district C2 to a thoroughfare commercial district C5 within Springdale, Arkansas. [30:07] And this one was passed unanimously. Again, they have a business license. [30:13] » We have a motion and second to approve the ordinance. Other comments or [30:16] questions. [30:19] » Anyone in the room? >> Call for the vote. [30:29] » Passes 70. [30:38] Then we move to um a replat. So a property line adjustment within [30:46] a subdivision. A better view. [30:50] Um the title of this reads an ordinance accepting the replat RP26-08 [30:57] of lots 3, four, and five of Ranchwood Place subdivision to the city of [31:01] Springdale, Arkansas, and declaring an emergency. Um, and for this one, my [31:05] understanding is that the property owner, they have a a property line, they [31:09] have this replat right now in the office, and the owner wants to adjust a [31:15] property line so that he can expand his garage and build his garage bigger. [31:20] He is [31:28] » So, is it that middle one that he's adjusting? [31:32] So, it's actually that far right one. He is slightly moving that line just enough [31:36] so that he doesn't encroach and he can um expand in the area that he wants. [31:45] » But he owns all three. Correct. [31:51] » From my understanding, we've been dealing with with this one applicant. [31:55] Um, [32:02] » yes sir. [32:11] » Move the ordinance be adopted. >> Second. We have a motion, a second to [32:15] approve the ordinance. Other questions or comments? [32:20] Anyone in the room? Call the vote. [32:29] carry 70 and [32:32] » he wants his permits. [32:36] » Emergency clause been done. >> Second. [32:39] » Okay, we have a motion to second on the emergency clause. I'll call for the [32:42] vote. [32:47] » Passes 70. [32:52] » All right. Now we go into a couple waivers. [32:56] Um the first waiver that we have, this is for um a new McDonald's that also had [33:00] a a large scale development that was approved at Planning Commission last [33:03] week right here in the corner of Don Tyson Parkway and Butterfield Coach [33:07] Road. Um, the title of this reads, "A resolution approving a waiver W26-34 [33:13] of street improvements, drainage, curb, gutters, sidewalks, and street lights as [33:18] set forth in ordinance number 3725 to McDonald's restaurant in connection with [33:23] L26-08, a large-scale development. And I have [33:27] this exhibit probably shows it the best. So, we've had a couple of these [33:30] situations where a development has come and presented to us um and then they [33:34] start a property line adjustment in which the property is then split. So, [33:38] this the property is not officially split. And so, the city had asked for [33:42] off-site or um street improvements along the full frontage of their property. As [33:48] you can see, the blue is just where McDonald's wants to develop. So they [33:52] have agreed to do their full street improvements to master street plan only [33:56] for their corner on Butterfield Coach and Don Tyson and they're requesting [34:00] just to do the limit of improvements of their development and then leave. [34:04] There's still a 5-ft sidewalk on the other portion of Don Tyson and they [34:08] would like uh whatever future development to come in and be [34:11] responsible for it. [34:14] » So So that's not split yet. Is that what I heard? No, but um I don't know the [34:19] status today, but it's it's nearing it's wrapping up. [34:25] » Move the resolution be dubbed. >> It's not split off as installed, but it [34:29] is planning to be split as a completely separate track. [34:34] » Yes, sir. >> If if they choose to use that property [34:40] themselves instead of sell it, then they still have that w [34:47] they would have to come back with a new one because at least the development [34:49] plan we showed only shows the improvement to that blue area. So even [34:53] if they proposed even a small shed or something on the other one, we would ask [34:57] them to come back. >> So what we're voting on tonight is just [35:00] this one piece, >> the waiver on the one piece. [35:03] » Correct. >> Karen, will you go back to that previous [35:06] screen? [35:13] » We do have a motion in a second. Was that what what option? [35:18] Uh option one. [35:27] The motion. Option one. Okay. And who second it? [35:34] » Second. Okay. So, we're all good on what we're doing. Okay. [35:40] Right. Anybody in the audience need to address this? [35:44] Yes. [35:48] » I didn't know you were here. Nobody's here. [35:52] » Hi, I'm Danielle Carter. Um I am with Uppy Cheeto. I'm a third party [35:55] entitlements consultant on behalf of McDonald's and I'm um 108 Min Street, [36:00] Sweet 101, Fort Worth, Texas 76102. Um I'm just here if you have any questions [36:06] for me. So, anything you guys needed. >> All right. Anyone? Anyone in the [36:12] audience? Glad they're coming out that area. [36:14] » Yeah, that ought to make a lot of people happy have have an option like that in [36:19] that area. >> Y'all just made my day. Most people some [36:21] people are unhappy about McDonald. So, anytime we can get a happy, we're good. [36:27] » If there are no other questions, I'll call for the vote. [36:29] » Perfect. [36:38] » Passes 70. [36:47] And the next one we have is also associated with the large scale [36:51] development that was approved. I'm sorry. Here's here's what it's going to [36:54] look like. Here we go. [36:59] Um, so this one is out on Merchant Road. Uh, [37:06] remember what exhibits we have in here. The best way to show it to you probably [37:10] this one. The title of this reads, "A resolution approving a waiver W26-38 [37:16] of street improvements, drainage, curb, gutters, sidewalks, and street lights as [37:20] set forth in ordinance number 3725 to Merchant Road storage in connection with [37:25] L26-16, a large scale development. Um, so this [37:29] development plan was approved. It's going to be um a storage units but the [37:35] the kind with no employee on site all the time digital fob let in and let out [37:41] and they have a phased plan. So they got phase one was approved at planning [37:44] commission last week. So that green line kind of divides the phasing land um the [37:49] phasing plan and then the way this is north um on there points to the left [37:54] FYI. So that top part that northern part is what they're seeking the waiver from. [37:59] They wish to only do street improvements on um the phase that they wish to [38:04] complete right now, the southern portion of this site, then come back at a later [38:08] date with a future phase to address the rest [38:13] » in which they will be required to do that. We're not approving [38:18] the variance for the rest of it now or anything. We're just [38:25] » Yeah. So if they decide to do phase two, the northern one, they'll have to come [38:28] right back to planning commission and and go through this. [38:34] » Move the resolution be adopted. Option one. [38:37] » Second. Okay, we've got a motion, a second to approve the resolution. Any [38:40] other questions or comments? Council, anyone in the audience on this? [38:47] Call for the vote. [38:56] pass 70. [39:02] And last one, we're going to end with a [39:05] conditional use for a food truck [39:14] right down here. um by 71 and shape grow [39:21] probably a better layout. The title of this reads, "A resolution approving a [39:24] conditional use for Takaria Rosie Tuca at 4409 South Thompson Street at set [39:31] forth in ordinance number 4030. Um so for this one, we've seen a few food [39:36] trucks at this location before and I think it's been determined by both [39:39] planning commission and city council that's appropriate location. Uh the most [39:43] recent one was just last fall when a food truck was approved here. And so [39:47] since our ordinance does require that we have a separation, so um I think it's [39:51] 1,320 ft of separation so we don't incidentally create a food truck court [39:57] um unintentionally. And so in the conditions that we [40:02] proposed, we added one just as some reassurance that no other vending mobile [40:08] vending unit other than this one if approved is allowed to operate at that [40:12] one site so that we don't end up with more than one. Um [40:18] planning commission they're going to use a generator. So they did not need a [40:20] variance for utility hookup. uh planning commission unanimously approved it and [40:27] the recommended conditions are as follows. Parking and loading areas [40:33] identified may not operate between the hours of 10 p.m. and 7 a.m. No [40:37] obstruction of parking spaces is required for the operation of any other [40:41] use on site. Maintain on the site a minimum of three parking spaces [40:45] designated for their use. If a health certificate is required, display the [40:49] health certificate in a manner visible to customers. No obstruction of [40:52] pedestrian or motor vehicle traffic flow. No obstruction of traffic signals [40:56] or regulatory signs. No vending upon a public way. No sound device that [41:02] produces a loud or rockous noise in violation of city ordinance or violation [41:06] of any other city ordinances in connection with the vending operation. [41:09] Keep the vending site clean and free of paper and refues of any kind generated [41:14] with the operation of their business. All trash and debris accumulating within [41:17] 20 ft of the vending stand shall be collected and deposited into trash [41:21] container. Submission of approved graywater disposal by Springdale Water [41:24] Utilities. Submission of approved grease disposal meth method by Arkansas [41:28] Department of Health. All signs must meet the requirements of a temporary [41:32] sign. No flashing signs or lights allowed. and no other mobile vending [41:37] unit, including any vendor previously approved for this property, may operate [41:42] on the property under this approval after September 8th, 2026. Any [41:46] replacement vendor, additional mobile mobile vending unit, change in applicant [41:51] or change in location shall require a new conditional use application and [41:55] required city approvals. Sharon, is it isn't it typical that the graywater [42:00] disposal and the grease disposal is approved prior to making application? [42:05] » And our office requires that it be. We just want [42:08] » This has not been approved yet. Correct. It says they're applying for it. [42:14] » They It has been approved by the planning commission, [42:17] » but but not not by the Springdale Water Commission. [42:20] » They have approved their gray water and grease disposal method. [42:29] It says submission of approval. >> It does. And and those conditions are 1 [42:36] through 13 are directly from ordinance for supplemental district regulations [42:41] about mobile vending. So we've always put the same set of conditions. [42:51] » Pass. >> Second. Okay. Okay, we have a motion, [42:54] second to approve the resolution. Any other questions or comments? [43:00] Anyone? Call for the vote. [43:08] » Pass 61. [43:13] » All right. Thank you, Sharon. >> Thank you. We'll move on now to item 10, [43:18] an ordinance authorizing the city clerk to file a cleanup lean for the removal [43:21] of overgrown brush and debris on property located within the city of [43:24] Springdale, Arkansas, and declaring an emergency. Garrett, would you take this, [43:28] please? >> Sure. This ordinance is uh related to [43:31] 1256 A&B Homestead Loop, and that's in Benton County, portion of Springdale. Uh [43:37] code enforcement notified them, the owners of unsightly conditions. They [43:42] failed to abate those conditions. the city had to come in and abate the [43:45] condition and now we're seeking to recoup the cost of that abatement. [43:50] Is there anybody here to be heard on that? [43:55] » Move ordinance pass. >> Second. [43:57] » Okay, we've got a motion and second to approve the ordinance. Uh any other [44:01] comments, questions by the council? And there was no one in the room else in [44:07] the room to comment on this. So I'll call for the [44:12] vote. [44:18] Passes 70. Move the emergency clause be adopted. [44:23] Okay. Call for the vote on the emergency clause. [44:31] Passes 70. >> All right. Thank you. We're at item 11. [44:35] Comments from council members. Rex, you want to start us off? [44:38] » Yes, mayor. I'd recognize I'd like to recognize a man who um give 27 years to [44:44] this city in with different jobs and that would be Mike Blocker. Um I wrote [44:50] it down to keep me from forgetting it. So I'm going to read it here. He [44:54] graduated from Ozark High School in 1966 and joined the Air Force and was sent to [44:58] Vietnam. After his military service, he was a [45:02] FortSmith police officer and became a Springdale police officer in 1972. [45:08] rose to the ranks at Springdale and eventually became a lieutenant. [45:12] Was the head of the criminal investigation division in December 1975 [45:20] when Springdale police officer John Hussy was murdered. Very, very dark time [45:26] in Springdale Police Department and he handled it and I don't know if he ever [45:29] got over it or not. uh he continues education during the time while he and [45:35] his wife raised four kids. Mike graduated from University of Bart Law [45:40] School in May 1985 and became an attorney. He went to work for uh well [45:47] Mike worked deputy prosecuting attorney for Washington County prosecuting our [45:51] office as well as cities in Springdale, Elkins, Johnson and Elm Springs and he [45:56] worked for Jeff Harper when he was a city attorney. [46:00] um 1998 which I was on the council, my became [46:04] the chief of police of the Springdale Police Department at a time when our [46:09] police department needed some strong strong leadership and discipline and it [46:16] did not take Mike Blocker very long to get it. did a great job and uh he worked [46:22] in some capacity for the city for over 27 years and uh he survived the five [46:29] children and um Mike Blocker was a good man. [46:37] Thank you, Rex, for making that comment and uh and I know we [46:43] all join with you in uh appreciation for Mike's lifetime of service and uh [46:49] certainly our condolences to his family. Anyone else? [46:54] » Mayor, um you we had this one issue come up of course on Marchant Road and now [47:00] that I 42 is now open and 112 is going to be down here eventually. Merchant [47:05] Road is And there's been there's some other subdivision development going on [47:10] out there. I guess question be for for Ben for you. Is there any future [47:17] um road improvements for for March Road out in that area? [47:22] » There's nothing that that we've discussed yet at I mean that's not to [47:26] say it won't happen. I mean it it kind of follows the development. [47:30] » Yeah. So Ben, you have anything to add? No, other than we've been monitoring it, [47:35] but as long as there's there's a dirt pit that's happening just south of [47:39] there. And as long as those trucks are continuing to use it, we'd be throwing [47:43] good money after bad. We just need to make do for now. And then when that pit [47:47] closes, we need to make a good road out of it. Yeah, that and Carrie Smith [47:51] across the road. It I really feel that that whole area is really fixing to [47:56] blossom. So maybe we can put that on our radar, something to look at. [48:03] I had a question um with the new I42 um making sure that uh John T Hussy [48:11] Memorial Highway still stays a design designation on that road. [48:17] » Yes, it will. >> I was asked about that this week. [48:21] » Yeah, we'll we'll make sure that's there's been no ask or any comment or [48:25] anything about changing it that I'm aware of. It'll stay I in fact I think [48:31] that's state law now. I think once you [48:35] it was during the time when statues were being torn down and everything and the [48:40] and the state legislature passed passed a bill that basically once you [48:45] named something for somebody you had to maintain it with and it and [48:50] it was going to have that name. you couldn't even make major alterations to [48:53] it without permission from the state because we've had to ask permission for [48:57] certain things. So yeah, Randall, that's we have no reason to believe that would [49:01] ever be changed. [49:05] Anybody else? This one is very minor. Mayor, um, a few [49:10] weeks ago we had passed a a business to go in on Pleasant and Sunset and I asked [49:17] a question about the turnins being blocked and it was asked of Ron if we [49:22] were going to be able to handle that. Every time I passed by there, cars are [49:28] parked across it and blocking it. And so I just want to see if we can follow up [49:31] with that or if there were certain time frames because that was 6:00 in the [49:35] evenings usually when that's happening. So, I just want to make sure they're [49:39] following what we asked them to. >> Right. [49:42] » Ron, y'all want to check on that and let us know if anything's been changed. [49:46] Let's So, you don't know if it's be happening during the day. [49:51] » It is in the evening and the truck is the food truck is theirs, but it was not [49:55] operating last time I seen it. >> Okay, let's follow up on that. [50:00] » Okay, appreciate it. Thanks, Mark. Anybody else? [50:06] City attorney No, [50:08] » no. Here motion to adjurnn and we stand adjourned. Thanks everybody.