CITY OF CENTERTON
CITY COUNCIL MEETING
JANUARY 10, 2017
The city council was called to order by Mayor, Bill Edwards. The Pledge of Allegiance was recited. The prayer was offered by Keith Higginbotham. Those Present and answering roll call were Mayor Bill Edwards, Keith Higginbotham, Josie Reed, Robin Reed, Wayne Low and Darren Warren. Misty Elam was absent. Those present and not answering role call were Todd Wright, Pam Grant, Brian Rabal, Planning Director Lorene Burns, Street Superintendent Rick Hudson, Police Chief Cody Harper, Chief Building Inspector Robert Coffelt, Fire Chief Delton Bush, Water & Sewer Superintendent Frank Holzkamper and Animal Control Supervisor Terry Sanchez.
Swearing-In of Council Members- Tena O’Brien, Benton County Clerk swore in the Centerton Council Members for 2017.
Public Hearing- Vacate Easements in Willow Crossing Subdivision- Mayor Edwards addressed the council and explained the need for this public hearing. Keith Higginbotham made a motion to open the public hearing with a 2nd from Robin Reed. All council members voted in favor and the motion carried. There were no public comments. Robin Reed made a motion to close the public hearing with a 2nd from Josie Reed. All council members voted in favor and the motion carried.
(1) Council Minutes- Keith Higginbotham made a motion to approve the December 13th, 2016 city council minutes with a 2nd from Wayne Low. All council members voted in favor and the motion carried.
(2) Planning, Parks & Recreation and Water & Sewer Minutes- Keith Higginbotham made a motion to acknowledge receipt of the November 15th, 2016 CWSD, November 15th, 2016 Planning and October 18th, 2016 Parks & Recreation meeting minutes, with a correction changing the word “Center” to “Centerton” in the resolution in the CWSD minutes, with a 2nd from Josie Reed. All council members voted in favor and the motion carried.
(3) City and Court Financials- Mayor Edwards stated that 100% through the year we have received 110.47% of our budgeted revenue. He stated that our expenditures were at 97.18%. He highlighted some of the financials for the council. Mayor Edwards stated that we would amend this budget at the February council meeting. Josie Reed made a motion to accept the November 2016 City and Court financials with a 2nd from Wayne Low. All council members voted in favor and the motion carried.
(4) Ordinance 2017-01- AN ORDINANCE AMMENDING CENTERTON MUNICIPAL CODE, TITLE 4, TITLED “BUSINESS LICENSES AND REGULATIONS”; AND FOR OTHER PURPOSES. Mayor Bill Edwards addressed the council and explained the need for this ordinance to correct the ordinance for Mobile Food Vendors that was approved in last month’s council meeting and gave details. Robin Reed made a motion to read the ordinance by title only, with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Keith Higginbotham made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Josie Reed. All council members voted in favor and the motion carried. Keith Higginbotham made a motion to adopt the ordinance with a 2nd from Darren Warren. All council members voted in favor and the motion carried.
(5) Ordinance 2017-02- AN ORDINANCE PROPOSING THE DETACHMENT OF CERTAIN TERRITORY FROM THE CITY OF BENTONVILLE, ARKANSAS AND THE ANNEXATION THEREOF INTO THE CITY OF CENTERTON, ARKANSAS, AND MAKING SAME A PART OF THE CITY OF CENTERTON, ASSIGNING SAME TO A WARD, AND ASSIGNING SAME TO A ZONING DISTRICT. Mayor Bill Edwards addressed the council and explained the need for this ordinance to de-annex this property from Bentonville and annex it into Centerton. Gavin Edwards, developer, was present as well. Robin Reed questioned whether the department heads had looked over the developed property on the North part of the annexation area and felt it was all in good order, not adding liability to the city. There was discussion. All department heads stated that they felt good about it. Robin Reed made a motion to read the ordinance by title only with a 2nd from Josie Reed. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Wayne Low made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Keith Higginbotham. All council members voted in favor and the motion carried. Keith Higginbotham made a motion to adopt the ordinance with a 2nd from Wayne Low. All council members voted in favor and the motion carried.
(6) Ordinance 2017-03- AN ORDINANCE CHANGING THE NAME OF ADDRESSES 1000, 1002, 1010, 1011 AND 1012 SHIRAZ DRIVE TO 1000, 1002, 1010, 1011, 1012 LEIGH STREET RESPECTIVELY; IN THE CITY OF CENTERTON, ARKANSAS; Mayor Bill Edwards addressed the council and explained the need for this ordinance to change this street name in the Clark Estates Subdivision. Mayor Edwards stated that he wanted to read this ordinance by title only, for 3 meetings to give those affected, plenty of time. He stated that he has sent certified letters to the 3 affected property owners, and has received receipts back. Council asked the Mayor to reach out to the tenants as well. He stated that he would. There was discussion. Robin Reed made a motion to read the ordinance by title only with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only.
(7) Ordinance 2017-04- AN ORDINANCE VACATING PORTIONS THE PLATTED UTILITY EASEMENTS LOCATED ON LOTS , 2, AND 3 OF THE WILLOW CROSSING SUBDIVISION, PHASE 1, CITY OF CENTERTON, AS RECORDED IN PLATT BOOK 2011 AT PAGE 67 IN THE RECORD OF BENTON COUNTY, ARKANSAS. Mayor Bill Edwards addressed the council and explained the need for this ordinance to vacate portions of utility easements in the Willow Crossing Subdivision. There was discussion. Josie Reed made a motion to read the ordinance by title only with a 2nd from Keith Higginbotham. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Keith Higginbotham made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Robin Reed made a motion to adopt the ordinance with a 2nd from Darren Warren. All council members voted in favor and the motion carried.
(8) Ordinance 2017-05- AN ORDINANCE ACCEPTING THE REPLAT OF THE WILLOW CROSSING SUBDIVISION PHASE 1, CITY OF CENTERTON, BENTON COUNTY, ARKANSAS; AND ACCEPTANCE OF EASEMENT DEDICTIONS THEREOF. Mayor Bill Edwards addressed the council and explained the need for this ordinance to accept replat of the Willow Crossing Subdivision. There was discussion. Robin Reed made a motion to read the ordinance by title only with a 2nd from Keith Higginbotham. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Josie Reed made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Wayne Low made a motion to adopt the ordinance with a 2nd from Darren Warren. All council members voted in favor and the motion carried.
(9) Ordinance 2017-06- AN ORDINANCE TO REZONE CERTAIN LANDS WITHIN THE CENTERTON CITY LIMITS BELONGING TO CENTERTON LAND COMPANY, LLC; FROM HIGH DENSITY RESIDENTIAL (R-3) TO HIGHWAY COMMERCIAL (C-2) AND RESIDENTIAL TOWNHOUSE MULTI-FAMILY (RTH-MF12). Mayor Bill Edwards addressed the council and explained the need for this ordinance to rezone certain lands in the Willow Crossing Subdivision. There was discussion. Keith Higginbotham made a motion to read the ordinance by title only with a 2nd from Josie Reed. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Keith Higginbotham made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Robin Reed made a motion to adopt the ordinance with a 2nd from Keith Higginbotham. All council members voted in favor and the motion carried.
(10) Ordinance 2017-07- AN ORDINANCE TO REZONE CERTAIN LANDS WITHIN THE CENTERTON CITY LIMITS BELONGING TO KEITH LYNN & EMILY SHEWMAKER BREMMER; FROM AGRICULTURAL (A-1) TO HIGH DENSITY RESIDENTIAL (R-3), SINGLE FAMILY. Mayor Bill Edwards addressed the council and explained the need for this ordinance to rezone land. Mark Marquist of Riverwood Homes was present and spoke to the council regarding plans for a subdivision on this property, as well as their intention to honor the gravel road access and the 25 ft. easement to the cemetery on the Southwest corner of the property. He stated that their intentions are to line the access road with privacy fence and trees, and to do the same along the walking trail. Several members of the Gamble Cemetery Board were present and expressed concern with the access road to the cemetery and the walking trail. Mayor Edwards stated that this ordinance was just to rezone the property and that those things would be addressed later, when the development plans come to the Planning Commission for approval. Planning Director Lorene Burns stated that the Planning Commission would take those things into consideration. There was discussion. A member of the Cemetery Board stated that a 5-wire fence was removed during the construction of the Morningside subdivision and that they would like that put back up. Chief Building Inspector Robert Coffelt stated that the city does not require or issue permits for fencing and that it would be an issue for the Cemetery Board’s attorney and the property owners. Robin Reed asked if the city could provide that information. Mayor Edwards stated that the information is available on the Benton County website. There was discussion. Keith Higginbotham asked that the Cemetery Board be notified when the development plan goes before the Planning Commission. Wayne Low made a motion to read the ordinance by title only with a 2nd from Keith Higginbotham. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Josie Reed made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Keith Higginbotham made a motion to adopt the ordinance with a 2nd from Wayne Low. All council members voted in favor and the motion carried.
(11) Ordinance 2016-08- AN ORDINANCE ACCEPTING THE FINAL PLAT OF RIDGEFIELD ADDITION BLOCK III, CITY OF CENTERTON, BENTON COUNTY, ARKANSAS; AND DECLARING AN EMERGENCY. Mayor Bill Edwards addressed the council and explained the need for this ordinance to accept final plat. Darren Warren made a motion to read the ordinance by title only, with a 2nd from Josie Reed. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Keith Higginbotham made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Josie Reed. All council members voted in favor and the motion carried. Keith Higginbotham made a motion to adopt the ordinance with a 2nd from Darren Warren. All council members voted in favor and the motion carried. Brian Rabal read the emergency clause. Josie Reed made a motion to adopt the emergency clause, with a 2nd from Wayne Low. All council members voted in favor and the motion carried.
(12) Ordinance 2017-09- AN ORDINANCE ACCEPTING THE FINAL PLAT OF BEQUETTE FARMS, PHASE I, CITY OF CENTERTON, BENTON COUNTY, ARKANSAS; AND DECLARING AN EMERGENCY. Mayor Bill Edwards addressed the council and explained the need for this ordinance to accept final plat. Keith Higginbotham made a motion to read the ordinance by title only, with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Wayne Low made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Josie Reed. All council members voted in favor and the motion carried. Wayne Low made a motion to adopt the ordinance with a 2nd from Keith Higginbotham. All council members voted in favor and the motion carried. Brian Rabal read the emergency clause. Robin Reed made a motion to adopt the emergency clause, with a 2nd from Wayne Low. All council members voted in favor and the motion carried.
(13) Ordinance 2017-10- AN ORDINANCE ACCEPTING THE FINAL PLAT OF FOREST PARK 2, CITY OF CENTERTON, BENTON COUNTY, ARKANSAS; AND DECLARING AN EMERGENCY. Mayor Bill Edwards addressed the council and explained the need for this ordinance to accept final plat. Keith Higginbotham made a motion to read the ordinance by title only, with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Brian Rabal read the ordinance by title only. Robin Reed made a motion to suspend the rule requiring the reading of the ordinance on 3 separate occasions with a 2nd from Wayne Low. All council members voted in favor and the motion carried. Keith Higginbotham made a motion to adopt the ordinance with a 2nd from Darren Warren. All council members voted in favor and the motion carried. Brian Rabal read the emergency clause. Josie Reed made a motion to adopt the emergency clause, with a 2nd from Robin Reed. All council members voted in favor and the motion carried.