City Council Meeting September 8, 2026

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[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.