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«CONWAY, ARKANSAS Conway, Arkansas Tuesday 6:30 pm September 24, 2013 On this date the City Council of the City of Conway, Arkansas met in regular ...»

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MINUTES OF THE CITY COUNCIL, CITY OF CONWAY, ARKANSAS

Conway, Arkansas

Tuesday 6:30 pm

September 24, 2013

On this date the City Council of the City of Conway, Arkansas met in regular session. The following

members being a quorum were present and acting: Alderman Hawkins, Alderwoman Mehl, Alderman

Pruitt, Alderman Ledbetter, Alderwoman Smith, Alderman Jones, Alderwoman Whitmore, and

Alderman Grimes. Also, present and acting: Mayor Tab Townsell, City Clerk Michael Garrett, and City Attorney Michael Murphy.

Call to Order: Mayor Tab Townsell Roll Call: Michael O. Garrett, City Clerk/Treasurer Minutes: August 27th, 2013 and September 16th, 2013 (Special) City Council Meeting Recognition: Employee Service Awards 5 Years Dara Tapley – Police Dept Lynn Hicks – Permits & Code Enforcement Tom Tubaugh – Parks & Rec Chris Adkins – Police Dept Steven Craig – Fire Dept 10 Years Ray Mudgett – Police Dept Charles Hankins – Fire Dept Thad Burrow – Police Dept 15 Years Cindy Hicks – District Court 20 Years Donna Rappold – District Court Thomas Knopp – Police Dept

1. Report of Standing Committees:

A. Community Development Committee (Planning, Zoning, Permits, Community Development, Historic District, Streets, & Conway Housing Authority)

1. Resolutions requesting the Faulkner County Tax Collector to place a certified lien on certain properties as a result of incurred expenses by the City.

R-13-48 Alderman Hawkins stated the property address is 9 West Rockwood Dr; the cost of cleanup was $197.55 ($152.32 + Penalty $15.23 + filing fee $30.00). There was no one present to speak

MINUTES OF THE CITY COUNCIL, CITY OF CONWAY, ARKANSAS

to this issue. Alderwoman Whitmore motioned to adopt the resolution. Alderwoman Smith seconded the motion. There was no discussion. The motion passed 8-0.

R-13-49 Alderman Hawkins stated the property address is 105 Eve Lane; the cost of cleanup was $205.71 ($159.74 + Penalty $15.97 + filing fee $30.00). There was no one present to speak to this issue. Alderwoman Whitmore motioned to adopt the resolution. Alderwoman Smith seconded the motion. There was no discussion. The motion passed 8-0.

R-13-50 Alderman Hawkins stated the property address is 2907 Charles Circle; the cost of cleanup was $294.47 ($240.43 + Penalty $24.04 + filing fee $30.00). There was no one present to speak to this issue. Alderwoman Whitmore motioned to adopt the resolution. Alderwoman Smith seconded the motion. There was no discussion. The motion passed 8-0.

–  –  –

Alderman Hawkins stated the property address is 10 Azalea Loop; the cost of cleanup was $396.10 ($332.82 + Penalty $33.28 + filing fee $30.00). There was no one present to speak to this issue. Alderwoman Whitmore motioned to adopt the resolution. Alderwoman Smith seconded the motion. There was no discussion. The motion passed 8-0.

R-13-52

Alderman Hawkins stated the property address is 1637 Clifton St; the cost of cleanup was $410.03 ($345.49 + Penalty $34.54 + filing fee $30.00). There was no one present to speak to this issue. Alderwoman Smith motioned to adopt the resolution. Alderwoman Whitmore seconded the motion. There was no discussion. The motion passed 8-0.

R-13-53

Alderman Hawkins stated the property address is 2002 Prince St; the cost of cleanup was $1,805.56 ($1,614.15 + Penalty $161.41 + filing fee $30.00). There was no one present to speak to this issue. Alderwoman Whitmore motioned to adopt the resolution. Alderwoman Smith seconded the motion. There was no discussion. The motion passed 8-0.

2. Ordinance accepting and appropriating donation funds for the Conway Tree Board for Arbor Day.

–  –  –

Alderwoman Smith motioned to waive the readings of the ordinance. Alderwoman Whitmore motioned to waive the readings of the ordinance. The motion passed 8-0.

Alderman Jones motioned to adopt the ordinance. Alderwoman Smith seconded the motion. The donated funds are in the amount of $5,000.00 from Conway Corporation.

There was no discussion. The clerk called the roll with the following voting “Aye”:

Alderwoman Smith, Alderman Pruitt, Alderman Ledbetter, Alderman Jones, Alderwoman

MINUTES OF THE CITY COUNCIL, CITY OF CONWAY, ARKANSAS

Whitmore, Alderman Grimes, Alderwoman Mehl, and Alderman Hawkins. The motion passed 8-0.

3. Ordinance accepting grant proceeds from ADEQ for the Planning and Development Department.

–  –  –

Alderwoman Whitmore motioned to waive the readings of the ordinance. Alderwoman Smith seconded the motion. The motion passed 8-0. Alderwoman Smith motioned to adopt the ordinance. Alderman Jones seconded the motion. The grant funds received are in the amount of $25,000.00. There was no discussion. The clerk called the roll with the following voting “Aye”: Alderwoman Smith, Alderman Pruitt, Alderman Ledbetter, Alderman Jones, Alderwoman Whitmore, Alderman Grimes, Alderwoman Mehl, and Alderman Hawkins.

The motion passed 8-0.

4. Ordinance accepting and appropriating federal funding for the Community Development Block Grant Program.





–  –  –

Alderwoman Whitmore motioned to waive the readings of the ordinance. Alderwoman Smith seconded the motion. The motion passed 8-0. Alderman Jones motioned to adopt the ordinance. Alderwoman Smith seconded the motion. Lauralee McCool, CDBG Director, explained we received $17,514.00 more money for 2013 than budgeted. There was no discussion. The clerk called the roll with the following voting “Aye”: Alderwoman Smith, Alderman Pruitt, Alderman Ledbetter, Alderman Jones, Alderwoman Whitmore, Alderman Grimes, Alderwoman Mehl, and Alderman Hawkins. The motion passed 8-0.

5. Consideration to enter into an agreement with various organizations for the Community Development Block Grant Program.

Alderwoman Smith motioned to approve the agreements. Alderwoman Whitmore seconded the motion. There was no discussion. The motion passed 8-0.

6. Consideration of right of way purchase from Conway Corporation for the Conway Municipal Airport.

Ronnie Hall, City Engineer, explained this is a right of way and utilities easement across airport property. Alderwoman Smith motioned to approve the right away and easement.

Alderwoman Whitmore seconded the motion. There was no discussion. The motion passed 8-0.

7. Consideration to award a contract to Thomas & Associates for the new relocated Conway Municipal Airport.

Ronnie Hall, City Engineer, explained this contract ensures compliance of construction testing, and confirmation of material and thickness, of runway and on-site road construction. Mr. Hall stated this is 90% funded by the FAA and 10% by state and local

MINUTES OF THE CITY COUNCIL, CITY OF CONWAY, ARKANSAS

funds; the amount of the contract should be $79,910.00 for airport paving and $28,596.00 for on-site road projects. Alderwoman Smith motioned to approve the contract from Thomas & Associates.

8. Consideration of a request from Gridiron Towers for a conditional use permit to allow a transmission tower at 1601 South Donaghey Ave.

Alderman Hawkins motioned to grant the conditional use request with the conditions listed below. Alderwoman Smith seconded the motion. Mayor Townsell asked if a flag is to be placed on the tower. Wes Craiglow, Assistant Planning Director, stated it was discussed, but there is no requirement for a flag at this time, however, if a flag is to be placed it will need to be a United States or city of Conway flag and should be an appropriate size to fit the scale of the pole. Alderman Grimes stated he has issues with this item #8 and item # 9 on the agenda due to their placement being just feet from an R-1 (single family housing) zone.

Jim Curly, Site Acquisition Manger for Gridiron Towers was present to answer questions.

Randy Frazier, Attorney representing Gridiron Towers, stated they understand councils concern regarding the location of tower placement at Ellen Smith Elementary School explaining they had asked Conway Public Schools to place this tower in the front but they preferred this tower be placed in the proposed location listed on the conditional use permit.

Mr. Frazier stated there were some area neighbors present at the Planning Commission meeting and this issue was discussed with them. Mr. Frazier stated there is extensive fencing, a brick wall, and landscaping around the tower being proposed at Ellen Smith Elementary. Mr. Frazier stated cell towers are driven by radio frequency design for the optimal coverage of particular areas; Verizon is contracted for these towers which will help ensure their footprint. Mr. Frazier stated two other cellular carriers will be placed on these towers for co-location capability. After further discussion the motion passed 5-3.

Alderwoman Whitmore, Alderman Pruitt, and Alderman Grimes voted in opposition.

–  –  –

9. Consideration of a request from Gridiron Towers for a conditional use permit to allow a transmission tower at northwest corner of Salem Road and Irby Drive.

Randy Frazier, Attorney representing Gridiron Towers, explained once again we have searched for a site that allows the radio frequency to cover an area where there is a need for more coverage; this site also meets all city setback standards and all FAA and FCC requirements. Alderman Hawkins motioned to approve the conditional use permit.

Alderwoman Smith seconded the motion. After some discussion the motion passed 6-2.

Alderman Grimes and Alderman Pruitt voted in opposition.

1) All prescribed conditions per the Conway Zoning Ordinance shall be met along with the two specific conditions below.

MINUTES OF THE CITY COUNCIL, CITY OF CONWAY, ARKANSAS

2) A brick wall at least 6 feet in height shall surround the enclosure. Any security fencing shall be behind this brick wall out of sight. The service gate shall be constructed with ornamental iron or equivalent.

3) A hedge row 30” in height at the time of planting shall be provided around the base of the brick wall on the north, south, and east.

10. Consideration of a request from Gridiron Towers for a conditional use permit to allow a transmission tower at the southwest corner of Pat’s Lane and Don’s Lane.

Randy Frazier, Attorney representing Gridiron Towers, was present to answer questions.

Alderman Hawkins motioned to approve the conditional use permit. Alderman Grimes seconded the motion. Wes Craiglow, Asst Planning Director, stated conditions 3 & 4 are contradictory. After some discussion Mayor Townsell recommended removing condition #4. Council concurred There was no further discussion. The motion passed 8-0.

1) All prescribed conditions per the Conway Zoning Ordinance shall be met along with the three specific conditions below.

2) Due to the lack of sight from a public right-of-way, a chain link fence enclosure of at least 6 feet shall be allowed.

3) Due to the lack of sight from a public right-of-way, no landscaping shall be required.

11. Ordinance to rezone property at 101 Hubbard Road from R-1 to PUD.

–  –  –

Chris Thornton, 42 Lakeview Dr, gave a synopsis of the outlined conditions set forth by the

Planning Commission verses his requests for variations. The variations are as follows:

Condition # 3 Sidewalks) applicant requests permission to eliminate 1 sidewalk along the road running inside the development, sidewalks will be constructed along Hubbard, long side of Carl Stuart, and longest side of the street contained inside the gated private PUD area. Condition # 5 Hardi-board) applicant explained he will use hardboard or LP Smart siding instead as their research shows it is stronger; however, it does not contain cement.

Condition #6 Fencing) applicant proposes to receive architectural input to design a fence to be approved by the Planning Director. Jean Goss, 2753 E Fore, spoke in favor of the proposed development. Alderwoman Whitmore motioned to waive the readings of the ordinance. Alderwoman Smith seconded the motion. The motion passed 8-0. Alderwoman Smith motioned to adopt the ordinance. Alderman Jones seconded the motion. There was

no further discussion. The clerk called the roll with the following voting “Aye”:

Alderwoman Smith, Alderman Pruitt, Alderman Ledbetter, Alderman Jones, Alderwoman Whitmore, Alderwoman Mehl, and Alderman Hawkins. The motion passed 7-0-1.

Alderman Grimes abstained.

1) Rezoning to PUD is conditional upon HUD approval for a 55+ community development.

2) PUD shall be generally developed as shown on submitted building rendering and site plan.

Minor variations from submitted plan shall be allowed for technical reasons and shall include allowance of uniform 12-foot rear setbacks and side street setbacks.

3) Platting shall be required. Any additional right-of-way, sidewalks, etc., as required by the Subdivision Ordinance shall be dedicated and constructed except that sidewalks shall be constructed along Carl Stuart Street, Hubbard Road, and internal on the longest side of the private interior street. A second sidewalk along the interior street shall not be required.

MINUTES OF THE CITY COUNCIL, CITY OF CONWAY, ARKANSAS

4) Setbacks. Building setbacks must be established and shown on the plat. These setbacks shall correspond with necessary utility easements.

5) Structures shall utilize Hardi-board, Smart-Siding, or similarly durable and impact resistant primary materials as approved by the City of Conway Planning Director. A variety of secondary materials for decorative elements shall be allowed including Hardi Board, Smart Siding, concrete, metal, or wood as approved by the City of Conway Planning Director.

6) The architectural design for the fencing shall be submitted to and approved by the City of Conway Planning Director.



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