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Home My WebLink About2020-08-18 - Minutes -IV Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward I Position 2 Council Member Mark Kinion Ward 2 Position I Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting August 18, 2020 City Council Meeting Minutes August 18, 2020 Page 1 of 35 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 18, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, and Kyle Smith joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than those of us you see before 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 2 of 35 you, the voices you hear during the course of this meeting are being recorded for public record and piped into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, joining the Zoom conference by smartphone, tablet or computer. Instructions are shown onscreen. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from doing this until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand. When recognized, please state your name and address for the record. Public comment shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. I would like to remind everyone that City Council has adopted Rules of Order and Procedure that require courtesy and respect for Council Members and those in the public. City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: None Consent: Approval of the August 4, 2020 City Council meeting minutes. Approved RRQ #20-05 On -Call Appraisal Services: A resolution to award RFQ #20-05 and authorize the purchase of on -call appraisal services from Reed & Associates, Inc. and Rife and Company Appraisers, Inc. as needed through December 31, 2020. Resolution 208-20 as recorded in the office of the City Clerk Bid #20-59 Brasco International, Inc.: A resolution to award Bid #20-59 and authorize a contract with Brasco International, Inc. in the amount of $92,050.00, plus any applicable taxes and freight charges, for the purchase of twelve shelter structures. Resolution 209-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 3 of 35 McClelland Consulting Engineers, Inc.: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of $194,525.00 to provide design services for a project to relieve stormwater issues near East Fairlane Street, South Elmhurst Avenue and East McClinton Street, and to approve a budget adjustment - 2019 Drainage Bond Project. Resolution 210-20 as recorded in the office of the City Clerk Namida Lab, Inc.: A resolution to approve and certify the participation of Namida Lab, Inc. in the Arkansas Tax Back Program and to agree to authorize the Arkansas Department of Finance and Administration to refund city sales tax back to Namida Lab, Inc. for qualified purchases. Resolution 211-20 as recorded in the office of the City Clerk RFQ 20-01 # 10 Black & Veatch Corporation: A resolution to approve a professional engineering services agreement with Black and Veatch Corporation, pursuant to RFQ 20-01 Selection #10, in an amount not to exceed $93,355.00 for a water and sewer rate study, and to approve a project contingency in the amount of $18,600.00. Resolution 212-20 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Arkansas and Missouri Railroad Shiloh Drive and Gregg Avenue - 2019 Transportation Bond Project: An ordinance to waive competitive bidding and authorize a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, to approve a project contingency in the amount of $32,892.43, and to approve a budget adjustment for the estimated total project cost of $750,000.00 - 2019 Transportation Bond Project. At the August 4, 2020 City Council meeting this item was tabled for two weeks. This item will be placed on the 0811812020 City Council meeting agenda. Mayor Jordan: At the last meeting we left it with an amendment that we did not pass. It was Council Member Marsh's amendment. Correct? Council Member Marsh: Yes. The amendment was to ensure there would not be interruption of service for pedestrians or cyclist at the University Avenue crossing. Mayor Jordan: We met with the railroad yesterday and we have some new information that I would like to share, before we get into the amendment. We had some people that wanted to speak on this item from last week and want to speak on it this week. Can I ask you to hold off on the amendment? 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 4 of 35 City Attorney Kit Williams: Normally we go to the second reading, but we don't have too if you want to act on the amendment. Mayor Jordan: All I am asking is there are some folks that wanted to speak on it and didn't get a chance. They want to speak tonight. Council Member Marsh, do you have a problem with that before we go to your amendment? Council Member Marsh: Not at all. I want to be clear that my only objection to this is just the closing of South University Avenue. It's not about the other project. It is about maintaining access. Council Member Bunch: I feel there was a misconception by some of the audience members that we were not wanting to hear what they had to say. I would love to hear their comments. Council Member Turk and Council Member Marsh supported hearing from the public. There was a brief discussion about the history of the amendment at the last City Council meeting. Chris Brown, City Engineer gave a brief description of the ordinance. He stated regarding the University crossing, he met with the railroad and asked them about opportunities to maintain the pedestrian and bicycle access as requested by Council Member Marsh. He stated he expects that they will permit a grade separated crossing at this location and spoke about the possible design. He spoke about the possible option of a parallel connection from University down to Hill Avenue. He stated the cost of the below grade crossing is in the range of $350,000 to $500,000. He spoke about the cost of the project. He stated the current request if Council wishes to proceed with the proposed amendment, would be $600,000. He spoke about the crossing language. He spoke about an adjustment to the number of apartment units. He spoke about an economic analysis. He spoke about funding allocation and contingency funds. Council Member Marsh: You spoke about the contingency fund being where we will get the extra $100,000. Is that the $100,000 you are allocating for the path along the railroad track? Where is the money coming from for that grade separated crossing? Chris Brown: We haven't identified those funds or haven't made any decision about that. What I was expecting, per the ordinance, is that design and schedule of construction would be approved by the City Council. At the time we get the design prepared, we will have a better cost estimate. We would then ask for approval of that budget. Council Member Marsh: Are we requiring that budget to be approved before we can move forward with closing the connection? Chris Brown: The way the ordinance is written, the Mayor would not be authorized to sign the agreement with the railroad, which then triggers the closing of University crossing until the budget and design is approved for the crossing. Mayor Jordan: We met with the railroad yesterday and made some headway, as far as the University crossing. I am encouraged because the change will make it a safer crossing in that area. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 5 of 35 On the next railroad item on the agenda, I will ask for that one to be tabled because we haven't got the answers. There is more work to be done on the next one. Suzanne Clark, 438 East Fairway Lane stated she is speaking on behalf of Keith Richardson as his Attorney. She stated Mr. Richardson is the developer who purchased 39 acres on the Southwest corner of Van Asche and Gregg. She stated the Shiloh crossing is critical to his ability to develop the land. She spoke about a letter she submitted to the Mayor and City Council that provides more detail. She stated if there is additional work that needs to happen at the University crossing, uncouple that from the requirement to authorize the Mayor to move forward with the Shiloh crossing. She stated the carrying cost to Mr. Richardson is roughly $25,000 every two weeks. She stated his ability to just sit and wait for this to be ironed out is severely prejudicial with regard to his ability to move forward with the development. She spoke about the enormous benefits to the city in allowing Mr. Richardson to move forward with the development. She stated tying his hands and delaying this until everything is tied up in a bow with University crossing will have very substantial delays and significant cost to Mr. Richardson and Fayetteville. She requested Council to approve the ordinance. Mayor Jordan: We made a lot of headway with the railroad, as far as that crossing goes. That is going to be done pretty quickly. Chris, is that what you felt like from the meeting? Chris Brown: Yes, that is correct. In looking at the relative schedules of getting that approved versus the schedules the development approval for the development, those two could run concurrently. I am confident that if the Council approves this crossing agreement, we can get that design approved by Council and approved by the railroad at the same time as the development approval is occurring. Mayor Jordan: We worked really hard on making sure there was not any more delays. Keith Richardson, Developer stated Suzanne Clark covered his concerns. He stated his development will probably take about 18 to 24 months. He stated it's not a problem for the time that his crossing opens, but he needs to know when he closes into his construction loan, construction is complete, and Certificate of Occupancy has been issued from the city that he can access his development. He stated that is his biggest concern. Council Member Marsh: What potential funding sources are we looking at to cover this expense? Chris Brown: For the University crossing? Council Member Marsh: Yes. Chris Brown: We could use Transportation Bond funds, Trail Bond or CIP funds. We could use a combination of the Economic Development funds that Devin has available. There are various sources we could look at that would be appropriate for this. Mayor Jordan: I believe Council Member Marsh has an amendment. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 6 of 35 Council Member Marsh requested Chris Brown to read the amendment. Chris Brown: This amendment includes the revisions to the cost of this request and adds that additional provisional about the construction scheduling for University Avenue, along with amending the number of apartment units. Council Member Marsh moved to accept the amendment as read by City Engineer Chris Brown. Council Member Smith seconded the motion. The amendment was then discussed. Council Member Kinion: Chris, I am trying to get the timeline together. I want an assurance that there is not going to be a delay, due to the amendment and tying both of these things together. Mayor Jordan: That was my question as well. Council Member Kinion: Both items are important, but they need to be considered separately. We could still approve both items, but we need an assurance there's not going to be any delays if presented together. Chris Brown: There is no 100% assurance this will move along at the pace that the developer is looking for. Conceptually, the development approval and construction of the apartment units could take 18 months. I am confident we can have the design and construction schedule pulled together and have the Mayor sign the agreement in the time to get the railroad crossing in place in the timeframe for the completion of the construction. The issue for the developer is that they have some risk if they move forward with construction and they don't have the agreement with the railroad signed. It depends on what kind of risk the developer wants to take, as to when they want to start their development. Council Member Kinion: There is a risk to the developer, but there is also a risk associated with the bank and the loan that will be considered by the bank. Right? Chris Brown Right. That is the risk. Council Member Bunch: It is a really big risk. Council Member Kinion: Both elements are important, but I don't think one should be hampered by the other. Council Member Scroggin: I agree with that as well. There are also risks of just getting plans done. Council Member Turk: I have some concerns about hindering this project from moving forward by requiring this agreement. I would like to decouple these. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 7 of 35 Council Member Marsh: These are coupled together because of the railroad, not because of any requirement on the city's part. The railroad is the one requiring us to close the pedestrian and all of the access to the existing neighborhood and people who are living there that use that connection. That is why they are together. Council Member Smith: Was there any indication in your conversation with the railroad that they would be willing to open the new crossing on the promise that this one will be closed in the event there is a delay? I know the tradeoff is open one crossing, close another. Do those have to happen on the same day or will they give us a little grace period to leave them both open during construction? Mayor Jordan: The railroad is workable on this one. The next agenda item is the one they are dug in a little more on. They were okay with tunneling underneath and it creates a safer crossing. There are no guarantees, but we will make sure that these things get done. We will do what we can. Council Member Kinion: Kit,. how would we uncouple these if you see a way to do that without impairing our relationship with the railroad? City Attorney Kit Williams: I haven't thought about that yet. Council Member Marsh wanted them coupled together and that was one of the big reasons she was making this amendment. Council Member Smith: I have an intent proposal to suggest. Instead of phrasing it so that the agreement can't be executed until the arrangements are made, could we say that the crossing at University should not be closed until the new plan is in place? City Attorney Kit Williams: That would be something in our favor. I don't know that the railroad would. Hopefully, they would. Mayor Jordan: I don't know about that. City Attorney Kit Williams: That certainly would be skewing this into our interest. I don't know that the railroad would agree with that. Mayor Jordan: Chris, what do you think? Chris Brown: Just as I am confident we can meet this stipulation that's placed here by working those two schedules concurrently, I'm also confident we could take the item (A) stipulation out and still be able to have the University crossing approved and in place prior to the construction of the railroad crossing. I believe that even without the stipulation in place because of the timeframe, the development would connect to this and we have enough time to work with the railroad. We can schedule everything out and get both of these done so we don't have a gap if we install the pedestrian crossing at University. Council Member Smith: It sounds like somebody gets to take the burden of trusting that staff can get this done on time. Whether it is the developer or us. We have a little more experience trusting 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevllle-ar gov City Council Meeting Minutes August 18, 2020 Page 8 of 35 staff to get a project like that done. I withdraw my second, but an amendment still needs to be offered on part B. City Attorney Kit Williams: As well as the title. Council Member Marsh spoke about her concerns of uncoupling. She stated she knows how hard it is to get investment in this neighborhood and how many demands there are for city resources. She spoke about not wanting to leave the established neighborhood without connectivity. She worries that the connection, if not tied to this, will get lost. She stated by leaving the amendment in, they are showing their commitment to the neighborhood to maintain connectivity. City Attorney Kit Williams: Did you originally second this motion? Council Member Smith: I did, and I withdrew my second. Our commitment is clear verbally, even if it's not in writing. I am willing for us to take on the risk of whether or not we can hit the timeline, so we don't put the developer in that position. City Attorney Kit Williams: The amendment does not have a second. We need to get a second or else we can't continue to discuss it. We can have another amendment, but there must be a motion on the floor that has been seconded. Council Member Marsh moved to accept the amendment as read by City Engineer Chris Brown. Council Member Smith seconded the motion and then withdrew his second. The amendment died for lack of a second. Council Member Gutierrez: I want to amend to decouple the completion of the sidewalk pedestrian connection at University from the continuation of the project with the railroad. City Attorney Kit Williams: Just to be clear. It is to include what Chris Brown has shown on the first page, including the title and the change in the dollar amounts, as well as subsection (B), which went from 400 to 300 apartment units? Does your amendment include everything, but the redline stuff in (A)? Council Member Gutierrez: Yes, that sounds correct. Just to separate the two. Mayor Jordan: I will make sure this happens on both of them. I am fully confident in the staff's ability for us to get them both done in a timely manner and not hold up the developer, but that we continue to be able to have a crossing. Council Member Turk: As soon as we can, I want to discuss the design of that crossing. We are assuming we decided upon the design, but I don't believe we have yet. City Attorney Kit Williams: Chris presented two different designs. At some point the City Council needs to determine which one they prefer. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 9 of 35 Mayor Jordan: I don't want to start down a road with one design and then suddenly everybody says that is not what they want to do. I need to know the design. City Attorney Kit Williams: It doesn't have to be done tonight before this can be approved. There was a brief discussion about the time to allow for a design approval. Mayor Jordan: I don't want to hold up this northern crossing any longer than what we have too. Council Member Gutierrez: I would like to recommend that we send the design to the Active Transportation Committee and also Transportation for their review. We could a call a special meeting to get it moving. I would be happy to lead it. Mayor Jordan: I am good with that, just as long as we can continue on in the northern area. We have got to get that in. Susan Norton, Chief of Staff: I want to be clear on the amendment language that Chris Brown proposed. It is all okay, with the exception of (A)? (A) is going to be removed and the other two amendments will be made? Mayor Jordan: Yes. Then we will worry about the design at University crossing real soon. Council Member Gutierrez moved to decouple the completion of the sidewalk pedestrian connection at University from the continuation of the project with the railroad. She agreed to the wording that City Attorney Kit Williams read. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-1. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion voting no. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Scroggin was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Petty stated he is still not sold on this for reasons that have been discussed at the Transportations Committee and for reasons that he has brought up. He stated he has seen a preliminary site plan which confirmed his suspicion that the street side area next to the tracks on Gregg could have its back turned on it with the existing zoning. He spoke about a crime prevention issue with regards to the environmental design. He spoke about there being no attempt in negotiating any cost share. Council Member Kinion spoke about the investment of the property owners and the developer. He stated the property owners gave the right-of-way for Van Asche all the way from 112 to Gregg Street. He stated they have done their share of contribution to the project and development. He stated it is disingenuous to say there is no cost share because of what they have already provided. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 wwva Fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 10 of 35 He stated when the gift was made to the city, it was on the understanding that we would help them develop it. He stated it is a promise that they have made to go ahead and go through with it. Council Member Petty stated he disagreed. He stated when the right-of-way was dedicated, they also spent millions to construct the road that enables this development. Council Member Marsh: Council Member Petty has raised some concerns that I would like more information about before voting to advance this. I want to leave it right here. Chris Brown: Mayor, I can answer that. Typically, when the Planning Commission reviews a development, there are certain infrastructure requirements placed on the developer, whether that be on -site or off -site improvements. The Planning Commission looks at the impact of the development and what the proportional impact versus cost of those improvements may be and then can place those requirements on the developer. We don't feel like that the cost of the railroad crossing is far above and beyond what the impact would be from the development. You still have the signal modifications and the roadway work we pulled out of this agreement, which is about $150,000 of potential work by the developer. When the development comes through, the Planning Commission will make that evaluation of what they may be required to participate in or what they may be required to construct. If the Planning Commission's determination is that they should make all of those improvements, then the developer will be required to do that. If they make the determination that it is above and beyond what is fair, then we would look at a cost share to come back to the Council to cover the additional cost above and beyond the development cost. That is the way we plan on proceeding with the rest of this work. Council Member Kinion: Considering the information we just got, I would like to go to the next reading. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 6-3. Council Members Kinion, Bunch, Turk, Smith, and Gutierrez voting yes. Mayor Jordan voting yes. Council Members Petty, Scroggin, and Marsh voting no. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty voting no. Ordinance 6348 as Recorded in the office of the City Clerk Arkansas and Missouri Railroad Futrall Drive and Gregg Avenue - 2019 Transportation Bond Project: An ordinance to waive competitive bidding and authorize a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, to approve a project contingency in the amount of $28,344.86, and to approve a budget adjustment for the estimated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 11 of 35 total project cost of $750,000.00 - 2019 Transportation Bond Project. At the August 4, 2020 City Council meeting this item was tabled for two weeks. This item will be placed on the 0811812020 City Council meeting agenda. Mayor Jordan: I met with the railroad. There are some issues with this crossing over by Ridout. I know you received the letters. I received the letters last week too and from Mr. Sweetser. When we talked to the railroad yesterday, they were not very encouraging that one would even be closed. We have more work to do on this one. There are concerns from some businesses. The railroad is concerned about closing it now. We offered to do the tunnel under University crossing, grade separation. We offered to make improvements to the Garrett crossing. They haven't made a determination on that one yet. Chris Brown, City Engineer gave a brief description of the ordinance. He stated an amendment is being proposed to remove the additional work outside the roadway and reduce the total cost of the project with contingency to $550,000. He stated the property is master planned and the anchor is the Washington Regional Medical Center expansion that could employ up to 1,000 employees. He spoke about the funding and contingency funds in the bond program. He spoke about concerns from Ridout Lumber and the mini storage facility regarding Garrett Avenue. He stated Ridout is not in favor of closing the Garrett location, but they have signed the agreement that says it will be closed. He spoke about other options due to the concerns and the city is working with the railroad. He stated the options need to be discussed more, presented to the Transportation Committee for feedback, and then go to the railroad and see what can be worked out. Council Member Kinion spoke about correspondence received by email from Ridout Lumber. Chris Brown: The letter we received from the owner of Ridout expressed concerns about the truck entrance, being able to make a loop and not back trucks out. I have heard comments that it doesn't get used very often. It doesn't work as well as the Township signalized location. I heard concerns from Billy Sweetser who is the owner of the mini storage facility. Garner Stoll, Development Services Director: The email that Council Member Kinion is referencing came this afternoon. It said it's rarely used, is dangerous, and undesirable. The email said it was from a representative from one of the developers of the properties to the north. It was not from Ridout. Council Member Turk: What is our procedure for notifying businesses in advance of something like railroad crossings? I was concerned about Mr. Sweetser's letter stating he did not know about that crossing being closed or proposed closure in advance. Is there something we can do better or was it overlooked? Chris Brown: Since we have never done this before, we don't really have a procedure. We could have done better. This has been talked about since 2018, as far as installing the new crossings. We have had the draft agreements since last Fall. We did not contact the property owners directly and that is a failure on our part. Now that we have feedback, we are looking at other solutions to work it out. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 12 of 35 Council Member Marsh: Did we provide notification to the residents around the South University Avenue potential closing, like when we rezone a property? Chris Brown: No, we did not. Council Member Kinion: We need to take some time with this and keep it on this reading. Mayor Jordan: We need more time to work on this. Council Mcmber Bunch: Do we make a motion to table it again? City Attorney Kit Williams briefly described the rules of tabling. Mayor Jordan requested to know if anyone from the public would like to speak on the item before tabling it. Peter Tonnessen, Citizen stated both of the projects should move forward. He spoke in favor of the ordinance. Council Member Petty: Can staff explain how these particular crossings to be closed came to be associated with these individual items? It seems one is being treated a little differently than the other by the railroad. Chris Brown: In looking at the crossings we have in town, these were the ones that were settled on. It was luck of the draw as to which closing was tagged to which proposed crossing. They could have easily been switched. It was just the way it worked out. Council Member Kinion stated there are some unanswered questions. Ross Ridout, Ridout Lumber stated his investment was put in the location because of the ingress and egress available. He stated he would have never had put a lumber yard at the end of a street, which is barely a street without the Garrett crossing being there. He estimated he will pay about $450,000 in taxes this year to Fayetteville and Washington County. He spoke about being disappointed about not being notified and believes it was a missed step. He stated Chris Brown apologized for that. He stated every 18 wheeler leaves via the Garrett Street crossing. He spoke about his concerns of traffic diversion. He spoke about the city reaching alternatives with the railroad. Mayor Jordan spoke about working on it. Council Member Kinion: Is the idea of taking a street down to Poplar make it any more palatable? Ross Ridout: Certainly, more palatable than closing it and not giving us an exit out the back. When you close it and you don't have a way out, 18 wheelers are going to have to turn around in the street, which will cause major problems. An exit out the back will probably have a new set of issues if you try to push that through. It may not be any better than Garrett Street. If the railroad 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 13 of 35 would back off the issue, that would be the best solution or improving the crossing. I would rather address those opportunities first. I am not going to stand in the way of development, but if we can figure out a safe way to make this work for everyone, then we are for it. The city is going to have to spend some money either way if that crossing gets closed. Council Member Kinion: It seems like there are some alternative discussions that need to be had. I would like to table this for two weeks. Council Member Kinion moved to table the ordinance to the September 1, 2020 City Council meeting. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the September 1, 2020 City Council Meeting. Amend Chapter 120: Real Estate Sale and Leasing Regulations: An ordinance to amend Chapter 120: Real Estate Sale and Leasing Regulations by enacting § 120.02 Landlord's Representative Registry to require all landlords leasing more than two residential properties to provide accurate contact information. At the August 4, 2020 City Council meeting this item was left on the First Reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: There are many people moving back into our city. We are seeing situations occur where residents are having difficulty getting in touch with landlords on different kinds of issues. It could be parking, loud parties or fencing issues. I have had many residents reach out and tell me a few horror stories about some of the things that have happened and would like an easier way to contact landlords. Council Member Scroggin: A landlord is allowed to put a property manager's contact information. They do not have to put their own address or phone number, as long as they put somebody that will be responsible? City Attorney Kit Williams: That is correct. Council Member Scroggin: Hopefully we can get this done today. Council Member Gutierrez: I am wanting to have all landlords to register and not just ones that have two or more. Council Member Marsh: I would agree. Any rental property could have an issue. It's not just limited to those with two or more. We need to be able to notify the property owner or their representative, regardless of how many units they own. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 14 of 35 Susan Norton, Chief of Staff. One of the reasons we moved to not have the short term rentals included in this was because that is a separate item that is coming before the Council. The software will be ready to deploy with the business license registration. The business license registration applies to the two or more. We were looking for this to be an interim step. Is that correct, Garner? Garner Stoll, Development Services Director: Yes, that is correct. The vehicle we would use to get the information would be the Business License process and that is only required with three units and above. Council Member Turk had originally proposed a more comprehensive approach, but we don't have a method to get that information at this time for single family homes or duplexes. We will have a Business License requirement if Council adopts the ordinance as recommended by the Planning Commission, regarding short term rentals and then we can get that information and add that to the registry. Council Member Turk: I agree with Council Members Marsh and Gutierrez about needing to know all of the rental houses, whether one owner just has one rental house or more. We don't have the mechanism right now. I've had several neighbors request that every single one of the rentals have a landlord registered to them. That is something I will commit to work toward with the city to try and figure out a mechanism on how we are able to do that. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez thanked Council Member Turk for bringing the item forward. She spoke about rental accountability. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6349 as Recorded in the office of the Q1, Clerk Amend §171.02 Minimum Street Standards, 2020 Edition: An ordinance to amend § 171.02 General Provisions and adopt the Minimum Street Standards, 2020 Edition, and to amend various provisions in Chapter 151 Definitions, Chapter 166 Development, Chapter 171 Streets and Sidewalks, and Chapter 172 Parking and Loading of the Unified Development Code to be consistent with the changes in the city's Master Street Plan. At the August 4, 2020 City Council meeting this item was left on the First Reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a brief description of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 15 of 35 Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. l I)on roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6350 as Recorded in the office of the City Clerk Amend §164.04 Urban Agriculture: Council Member Gutierrez requested to reconsider this item. An ordinance to amend § 164.04 Urban Agriculture (Fowl, Bees & Goats) to reduce the minimum square footage requirement for goats. City Attorney Kit Williams: Council Member Gutierrez has asked to reconsider this. She needs to make a motion to reconsider this item. Council Member Gutierrez moved to reconsider the ordinance. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-1. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion voting no. Council Member Gutierrez stated one of the neighbors reached out to her and said they would like to propose that Council take the square foot requirement, which was proposed to be 4,000 square feet to 8,000 square feet for two pet goats. She stated she could reconsider the item because she was a dissenting vote. She stated she's more amenable to 8,000 square feet than 4,000 square feet. She stated she would also like to amend the ordinance to 12,000 square feet for three pet goats. Council Member Smith: Do we want to take public comment on the amendment? Council Member Gutierrez: I would like to go ahead and have it amended and then discuss the amended ordinance. Council Member Gutierrez moved to amend the ordinance to 8,000 square feet for two pet goats and 12,000 square feet for three pet goats. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Kinion: I wasn't aware of the amendment. It is an honorable compromise. Council Member Bunch: This all came about because of one complaint. Is this going to affect that one complaint, which was a very valid complaint? They had 9,000 square feet in the yard, and they needed 400 more feet. Is that correct? Garner Stoll, Development Services Director: They had 9,200 square feet. They needed 10,000. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 16 of 35 Council Member Bunch: With this ordinance, it still had to be 50 feet from the next door neighbor's house and the pen had to be a certain size. I feel those people had a valid complaint. I don't want to keep amending and changing, just so that we override their complaint. Garner Stoll: The complaint was specific about other violations that are covered in the ordinance. It needs to be kept in a neat and sanitary condition, free from offensive odors that attracts flies and vermin. The pen distance was too close to the adjacent house. Those are enforceable items in the ordinance. We did not proceed with enforcing those because there was a violation on the lot size which made that a waste of time because they needed to remove the goats underneath the existing ordinance. Council Member Turk: Those goats were still there last week. I thought the original complaint was filed back in May or June. It seems like there has been a substantial delay in the removal. Why are they still there? Garner Stoll: Very good point. When Council denied the increase in lot size, we were planning to proceed. Typical protocol says that if there's a proposal by a Council Member to change an ordinance, we wait for the enforcement until that's resolved. Had Council Member Gutierrez not sent her request to the agenda, we would have proceeded with that enforcement. Council Member Turk: I have driven by there a couple of times. I can hear the goats and I can smell them. I am concerned that if we lower the square footage, we encourage bad behavior. They will now be in compliance with the square footage. We don't have a good justification for the reduction to 8,000 square feet. If there was another example where there was somebody that was in good compliance, then I would be open to that consideration. They appear to not have been good stewards of their goats and neighbors at this time. Council Member Gutierrez spoke about citizens speaking at the meeting on the issue. Council Member Kinion: I hope Council Members will recall the well -reasoned arguments that were presented by the neighbor that openly admitted that they called and filed the complaint. I feel they have valid points. It is unfortunate in this specific situation there were not changes made after we discussed it. I was disappointed to see there was not a good faith effort on behalf of the landowner to accommodate the concerns that were presented by the neighbor. Abbey Montgomery, 509 North Olive Avenue spoke about her goats. She stated she had purchased products to minimize the alleged odor and moved the goat shelter further away from the complainant's home. She spoke about lot size requirements. She stated voting yes to lowering the minimum lot size to 8,000 will enrich households in the neighborhood and allow her to keep her pets. Janet Delaluci, 416 East Maple stated she lives 50 feet from the goats' pen. She spoke about the emotional benefits of the goats. Jessica Colangelo stated she lives next door to the goats. She stated she submitted a service request in May about the lack of care and responsibility of the goat owners. She spoke about the goat 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 17 of 35 owners being in violation of multiple parts of the ordinance since early May, including that the property is less than 10,000 square feet, the shelter is still within 50 feet of residential structures, and one of the goats appears to be male. She spoke against the ordinance. Charles Sharpless spoke about smell being subjective. He spoke about the vast majority of other cities that don't allow goats or have more restrictive policies than Fayetteville. He stated cutting the lot size is going to create a geometry problem. He stated whichever way the amendment is voted on, the goats next door to him are still going to be illegal. He spoke against the ordinance. Kathleen Randall, 414 East Maple stated her property is 50 feet from the goats. She stated she never hears them inside her home and never smells them. She spoke about the positive aspects of the goats. She spoke in favor of the ordinance. Alli Quinlan, Neighbor stated she has never observed any odor or any noise issues with the goats. She spoke about the positive aspects of pet ownership. She spoke in favor of the ordinance. Bob Stafford, Ward 1 spoke in favor of the ordinance. Peter Tonnessen, Ward 3 stated he likes for people to follow rules. He stated the city has the right to have ordinances that protect city dwellers from noises and smells of agricultural animals. He spoke in opposition of the ordinance. Scott Mashburn requested to know if this ordinance will keep the city from having Greedy Goats in the park and if this will be a defacto way of ensuring that people can't keep their goats as pets. He stated goats generally make less noise and less smell. Mayor Jordan: Garner, will we be able to keep the Greedy Goats program? Garner Stoll: It doesn't affect that. This is a miniature goat ordinance that Council passed in 2014. Full size agricultural goats are only allowed in RA districts, which requires a minimum of two acres. Staff looked at Arkansas communities, but we didn't find any other miniature goat ordinances in Arkansas and that's why we included the list that we did. Council Member Kinion spoke about not being against goats. He stated the problem he has is when they had the original discussions on urban agriculture, there was a lot of information presented to City Council to consider. He stated it was considered and the ordinance was passed. He stated it allows miniature goats to be kept as pets in Fayetteville. He stated he can't base his decision on one situation. He stated the goats are beloved, but it's unfortunate this does not meet the standards that the ordinance was set up to help in managing the urban agriculture situation. He stated he is going to support the current ordinance because it is fair and generous. Council Member Turk spoke about the current ordinance striking a balance. She stated on this particular situation there were many mistakes made by the folks who are wanting to change the ordinance. She stated the lot size was not accurate and she has not seen anything that demonstrates they have tried to be a good neighbor with their neighbors next door. She stated they are still not 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 18 of 35 in compliance with the 50-foot distance to the next door neighbors. She spoke in opposition of the ordinance. Council Member Bunch spoke about the possibility of revisiting the entire ordinance instead of picking out just one thing of it. She stated Council is talking about trying to change the ordinance based on one household that was out of compliance. She spoke in opposition of the ordinance. Council Member Gutierrez stated she voted against this the first time and that is how she was able to bring it back before Council for reconsideration. She spoke about the homeowners purchasing products to minimize the odor and that they moved the goat shelter further away. She wants Council to keep in mind that other neighbors spoke in favor of the ordinance. She spoke about lot size requirements. She questions if the ordinance is passed, where will the pet goats go. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 4-4. Council Members Petty, Smith, Gutierrez, and Marsh voting yes. Council Members Kinion, Scroggin, Bunch, and Turk voting no. Mayor Jordan chose to not vote. This ordinance failed. New Business: Resolution to Adopt a Resolution Proposed by the Mayor's African American Advisory Council: A resolution to adopt a resolution proposed by the Mayor's African American Advisory Council. Mayor Jordan: This is something I am bringing forward to the Council on behalf of the African American Advisory Council. The first time we talked about this was almost a year ago. The Chair of the committee will speak to you tonight on what they are recommending. They have done a lot of hard work on this. The resolution is lengthy. The things that came out of this was that the title is, Racism is a Public Health Crisis. The African American Advisory Council has formed three other committees to put this out there and then have discussions and fine tune the resolution. The only way they could bring it to the Council was if an elected official brings it forward on their behalf. D'Andre Jones, African American Advisory Council Chairman gave a brief description of the resolution. He spoke about systemic racism. He stated black people remain the most segregated population in the country. He spoke about racism being a public health crisis. He spoke about the movement in advancing racial equality and justice. He spoke about the African American Advisory Council working on this for the past year. He requested for Council to support the resolution. He asked if he should read the resolution. Mayor Jordan: What are the wishes of the Council on that? Council Member Gutierrez: I have read it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 19 of 35 Mayor Jordan: I don't think it will be necessary to read it. D'Andre Jones: We have developed and formed three subcommittees. Workforce Development will be addressing small businesses. Community Engagement will be working with helping the community and becoming more involved and engaged in Boards and Commissions. Our Public Health and Safety will be working with the Police Department. We are excited about the work we are doing. We are excited about the resolution and the change it is going to bring to Fayetteville. We ask that you support the resolution that says racism is a public health crisis in our city. Council Member Scroggin: Thank you to everyone that was involved in bringing this forward. It has been long overdue. Council Member Turk: It sounds like this has been a very long process and you have considered lots of different things. You have included many partners in drafting this resolution. I support it. We should have done something like this several years ago to reaffirm our African American residents and other people of color within our city. Thank you D'Andre and your other colleagues for bringing this forward. Kindra Terry spoke about inequalities of women's health, as it relates to white and black women. She stated racism is a public health issue. She spoke in favor of the resolution. Anthony Trias stated he was speaking on behalf of Kennedy Hill, a black scholar. He spoke about racism being a public health crisis. He spoke in favor of the resolution. Nicolette Norris stated she does not feel safe in Fayetteville and does not feel she is being heard. She spoke about racism being a public health crisis. She spoke in favor of the resolution. Lance Reed spoke about racism in education. He spoke in favor of the resolution. Peter Tonnessen, Ward 3 stated he doesn't believe there is systemic racism. He spoke in opposition of the resolution. Catherine Snyder stated she disagreed with Peter Tonnessen. She stated systemic racism does exist. She spoke in favor of the resolution. Nakisha Snell stated she disagreed with Peter Tonnessen. She spoke in favor of the resolution. David Williams stated he is a member of the NAACP, but is speaking as an individual. He spoke about racism being a public health crisis. He spoke in favor of the resolution. Monique Jones, NWA President of the NAACP spoke about a city wide collaborative effort for equality. She spoke in favor of the resolution. Akau Anyieth stated there is no weight to black people committing more crimes. He spoke about black history. He spoke in favor of the resolution. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 20 of 35 Derrick Cockland spoke about socially political discrimination. He spoke about crime and poverty. He spoke in favor of the resolution. Rebecca Graham stated this is a good first step. She stated she disagreed with Peter Tonnessen. She spoke in favor of the resolution. Solomon Burchfield stated he disagreed with Peter Tonnessen. He spoke about systemic racism. He spoke in favor of the resolution. Council Member Scroggin thanked everyone for speaking. He stated he disagreed with Peter Tonnessen. He spoke in favor of the resolution. Council Member Bunch stated she disagreed with Peter Tonnessen. She spoke about citizen input. She spoke in favor of the resolution. Council Member Gutierrez stated she was disturbed by the comments of Peter Tonnessen. She spoke about citizen input. She spoke about being the first Latina Council Member being elected to the City of Fayetteville and potentially to the entire State of Arkansas. She spoke in favor of the resolution. Council Member Smith stated when we create a limited public forum, we owe everyone the time our rules allow them, no matter how we may find it. He stated Peter Tonnessen gave one of the best cases in favor of the resolution. He thanked the African American Advisory Council for their work on the resolution. He stated this is not going to be a solution and should be looked at as a commitment to pursue solutions together. He stated he appreciated the resolution for its focus on outcomes and the impacts that can be had through policy. He stated its separates racism from the motivations and dividing people into good people versus bad people. He spoke about measuring the effectiveness of city programming. He spoke about an annual report for accountability. He stated he's glad that it started with the focus on racism against African American communities, but when the times comes in the future to expand this to include other communities of color, he will be in support of that effort as well. Council Member Kinion stated the resolution is late in coming around, but thank goodness City Council has it to consider tonight. He stated the 16 points that were outlined for them as a Council and as a city to follow, were well thought out and they are a minimum standard in which we should be striving to help recognize that racism is a public health issue. He stated he wants to move forward and meet the goals that are set forth by the committee and to also exceed. Council Member Petty spoke about Peter Tonnessen running for City Council. He thanked everyone who worked on the resolution. He stated one of the things that has to be done with the resolution going forward, especially if you are a white person, is get comfortable admitting you have been a racist and you might still be a racist even if you don't intend to be. He stated mortality rates, wage gaps, and arrest data are disproportional everywhere he looks. He stated we have a system of oppression. He stated he watched the live announcement that D'Andre Jones and Mayor Jordan did, and he quoted that Mayor Jordan said, "You might be able to just keep going as long as you don't know, but once you find out, you have to do things different." 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 21 of 35 Mayor Jordan thanked Council Member Petty. He spoke about starting this process about a year ago and they were impactful to him. He spoke about acknowledging the issues to help make things better. He stated the historic treatment of African Americans in this country is directly tied to reduced health and wellbeing. He stated he is going to work harder on everybody deserving the opportunity to live a healthy, happy, and productive life. He stated racism prevents opportunity. He stated this resolution will open discussions on poverty, health issues, mental health concerns, work force training, and living wages. He stated when we get to the end of this, we will be a better people, city, and we will be on a better course for the future. He thanked the African American Advisory Council and everyone that worked on the resolution. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 213-20 as recorded in the office of the City Clerk 2020 Community Oriented Policing Services Hiring Program Grant: A resolution to authorize acceptance of the 2020 Community Oriented Policing Services Hiring Program Grant in the amount of $250,000.00 to fund two (2) Police Officers for a period of four (4) years with the $312,710.00 required match covered in full by Fayetteville Public Schools which has agreed to pay $342,900.00 to the city during the grant term for the assignment of Senior Corporals to serve as School Resource Officers, and to approve a budget adjustment. Council Member Turk: We heard this issue two weeks ago. I didn't feel it was given fair consideration. I did not feel the School Board was notified that there was going to be a lot of different discussions, amendments or alternatives. I did not feel that the Superintendent had the opportunity to address the Council. Now we have data and there was a lot of antidotal information that was presented and not factual. Two weeks has given us time to gather that information to get the School Board and Superintendent here. They have the expertise and knowledge to explain this to us much more fully. Mike Reynolds, Chief of Police: After the Parkland shooting in February 2018, Governor Asa Hutchinson formed the Arkansas School Safety Commission Task Force to study the epidemic of school shootings. In March 2018 the Fayetteville Public School System formed their own task force to study security of their facilities, student mental health and faculty training. The number one recommendation that came out of both of those task forces was to provide an appropriate number of School Resource Officers for all campuses and schools. School President Justin Eichmann mandated that any armed presence in the Fayetteville Public Schools should be School Resource Officers. In addition to more School Resource Officers, the Fayetteville Public School Committee recommended adopting the Choose Love Enrichment Program and a communication system to better connect the students, parents, teachers, and law enforcement. On November 5, 2019 the City Council approved the addition of two School Resource Officers for the Fayetteville Public School system. This agreement was the beginning of the expansion of the SRO program based upon the task force recommendations. At the November meeting I informed Council that Superintendent John L. Colbert indicated that he would be requesting two more School Resource Officers in 2020. On March 3, 2020 the City Council approved an application for the 2020 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 22 of 35 Community Oriented Policing Services Hiring Program grant to assist in fulfilling Dr. Colbert's request for two additional SRO's for the Fayetteville Public School System. On June 25, 2020 we received notification of the award of the 2020 COPS Hiring Grant. On August 4, 2020 the hiring grant was presented to City Council and after a lot of deliberation, the request was denied by a 5 to 3 vote. On August 5, 2020 while I was out of state on vacation, I received a phone call from School Board Member Justin Eichmann who requested that Fayetteville Police Department seek an extension on the COPS Hiring Grant on behalf of the Fayetteville Public School System and Fayetteville School Board. Mr. Eichmann indicated he would be seeking approval for an appeal from the City Council. The appeal request was relayed to Deputy Chief Fields who was the acting authority in my place who determined the COPS Hiring Program award manual had an option to request an extension beyond the 45-day acceptance timeframe. Deputy Chief Fields spoke with Mayor Jordan and a decision was made to seek a request for extension to the grant. The COPS office reviewed the request and granted an extension to August 20, 2020 to accept the award. All of this extension information, the request and approval are included in your agenda packets. If approved tonight the COPS Grant will help fund two additional School Resource Officers for three years at a maximum benefit of $125,000 per officer. This grant will require that two officers remain employed by the City of Fayetteville for an additional fourth year. It will be a full time employee increased head count of two. I have estimated the total cost of these two additional full time employees for four years to be $562,710. The $250,000 grant and local match of $312,710 would be split proportionally between the Fayetteville Public Schools and the City of Fayetteville. The Public School pays 68% based on 178 days an SRO works directly for them in a year. The City of Fayetteville pays approximately 32% based on the remaining 82 days worked during the year. Since the school does request experienced SRO's we would charge them the actual cost of a Senior Corporal, which is $46.99 per hour. That includes the benefits, startup uniform and equipment cost, and a $600 annual uniform allowance. When the $250,000 grant is applied to the total cost of the Corporals, the hourly rate for the school reduces down to $30.10 an hour over the four-year period. Billing of the Public Schools for $30.10 for the 178 days, times the four years provides the City of Fayetteville with revenue of approximately $343,000. This was a request from the Fayetteville Public School based on the recommendations from the School Safety Task forces, letters of support from Dr. John L. Colbert, and Fayetteville School Board. The foremost duty of a School Resource Officer is to protect the students and staff of the Fayetteville Public Schools. SRO's mentor and educate students and they build trust, which may have a profound impact on the school's ability to prevent targeted violence. The presence of an SRO in deterring violent and non-violent crime is immeasurable. I can't tell you that we have stopped a school shooting, but our SRO's have responded to a few after hour incidences of students threatening gun violence at the Fayetteville Public Schools. We seized a gun from Woodland Junior High, and we seized an SKS assault rifle from a student's residence. When SRO's become involved in issues of discipline that could endanger the lives of students and involve criminal offenses, they collaborate with the school administrators and faculty to determine the best course of action for the student, victim, and the school. Mike Reynolds, Chief of Police stated in the agenda packet is the arrest data from the Fayetteville Public School System. He gave a brief overview of the last four years from the school year of 2016 through 2020. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 23 of 35 Sergeant Christopher Scherrey stated he is the supervisor of the School Resource Officers. He stated he is a parent, as are all of the SRO's in the school district. He stated their number one duty is the safety of students and staff of the schools we serve. He stated we are a vital link between the students and the resources those schools provide. He stated as paramedics take injured students to the hospital, SRO's bridge the gap and link traumatized students to the services they need, whether they are counselors, social workers or school administrators. He stated sometimes we help facilitate a dialogue between students and parents. He stated SRO's begin their day long before everyone else at the school has arrived. He stated we are there as the children gather in the mornings and we talk, laugh, and sometimes cry. He spoke about SRO's noticing when students are hurt, withdrawn or upset and try lifting their spirits when they are down. He stated when kids do not make it to school, SRO's go and check on their welfare. He stated when they are out of control in the classrooms, SRO's talk with them. He spoke about SRO's being yelled at, spit on, punched, kicked, and bitten, but understands these kids need help. He spoke about caring and loving the students. He spoke about collaborating with school officials to get students and parents the help that is needed. He stated sometimes a student has to be placed in custody, not to punish, but to help. He stated SRO's do what they need to do to make sure the student's welfare is taken care of. He stated the last thing any school officer wants to do is to arrest a child. He stated we don't do it by our own choice, but because other measures were tried and have failed. He spoke about kids feeling safe at school and home. He stated if we can't change destructive behavior, then later they become adults and the actions of an adult are handled by a far less forgiving system. Corporal Elliot Luebker stated he has worked with the Fayetteville Police Department for 19 years. He stated this upcoming school year will start his eighth year as a School Resource Officer at Ramay Junior High School. He stated becoming an SRO has been the most rewarding assignment during his entire career. He spoke about creating trust and building bonds with students. He stated unfortunately teen suicide is very real and his office serves as a safe place. He spoke about the threat of violence in a school setting. He stated as an SRO, he collaborates with school administration on a daily basis to ensure the health and safety of students and staff. Corporal Julie McKinney stated she is assigned to Fayetteville High School. She spoke about her relationship with students and how SRO's in collaboration with school officials help students who are in need mentally, emotionally, and physically. Dr. John L. Colbert, Superintendent of Fayetteville Public Schools. He stated he is the founder of the Northwest Arkansas NAACP branch and the Northwest Arkansas MLK Council. He stated both groups work for the equal rights of all students and citizens. He spoke about Fayetteville Public Schools partnership with the Fayetteville Police Department for the past 23 years to provide School Resource Officers to students, staff, and the community. He stated SRO's make a very important and valuable contribution to the school environment. He spoke about it being a collaborative effort to ensure that they utilize Resource Officers to provide assistance in creating a safe and positive learning environment for students and staff. He spoke about school shootings throughout the nation. He spoke about parents and stakeholders wanting to be assured about school safety. He spoke about being the Chair of the School Safety and Security Task Force, which includes local law enforcement, members of the judicial system, state representatives, school officials, and community members. He stated with the knowledge that school safety is aligned with mental health, they also formed a mental health task force. He spoke about the Task Force 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 24 of 35 recommendations. He spoke about the social, emotional, behavioral needs, and physical needs of students. He spoke about the Counselors, Social Workers, and Ozark Guidance Center resources for FPS. He stated he concurs with the data provided by Fayetteville Police Chief, Mike Reynolds. He spoke about training provided for school administration, staff, and SRO's. He stated it is his opinion, staff, students, and parents that they must continue to have SRO's in the buildings. He spoke about providing additional training. He spoke about the unique duties that SRO's perform in the school system. He stated African American students are making progress and showing growth in graduation rates. He stated when he reviewed the data, the first thing he wanted to do was talk to some students. He stated he oversees an African American group that ranges in ages from 12 to 19 and he asked them if they feel they are treated differently than other students by the SRO and the students said, no, we feel comfortable. He asked the students, do you feel that we shouldn't have SRO's in the school district and the students said, we need them because it makes us feel safe and SRO's protect us. He asked that Council please vote in favor of the grant to be able to secure two additional SRO's for the Fayetteville Public School System. Nika Waitsman, President of the Fayetteville Public Schools Board of Education. She thanked everyone for advocating for fair and equitable treatment of students enrolled in Fayetteville Public Schools. She stated she realizes that the heart of Council's concern is the same as theirs. She stated Fayetteville Public School's goal is to create an inclusive and safe environment for all students. She requested support from Council in securing funding for an initiative that the Board of Education unanimously supported. She stated funding has been the obstacle preventing FPS from addressing the critical school security needs identified by the Safety and Security Task Force in 2018. She stated the school has 7 SRO's charged with ensuring the safety of over 10,000 students and 1,500 faculty members in 16 different buildings, which is insufficient. She spoke about violent and threatening behaviors in FPS. She spoke about data. She invited Council to participate in a dialogue around identifying impactful strategies and key data points that as a school district they need to be watching and setting as accountability standards. She requested for Council to take a hard look at their current approach of blocking helpful funding. She stated SRO's are respected members of the FPS team and provide a service that others can't. Council Member Bunch requested Nika Waitsman to reiterate the SRO and student ratio. Nika Waitsman: We have over 10,000 students in 16 buildings and we have 1,500 employees. Those are round numbers, but on average that's about what we have every year. Council Member Scroggin: How many masks are ready to hand out on Monday to students for COVID? Dr. John L. Colbert: Students are required to wear their own mask, but we shave some extras for students who can't afford to purchase. We have enough available and we can accommodate any students who are without. Council Member Scroggin: How much money is being spent on retrofitting the rooms to get ready for COVID? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes August 18, 2020 Page 25 of 35 Dr. John L. Colbert: We are removing desk out of the rooms and trying to create social distancing. We have not spent that much money on regular rooms. With numbers increasing with the Virtual Academy, it is projected to be $75,000 to create two additional rooms. Council Member Scroggin: If we are talking about statistics, unfortunately some students will probably die from COVID. Whereas, if we are talking about active shooters and other issues, statistically that number is pretty close to zero. I have had a lot of people contact me in the last week. I appreciate all the antidotal things that have happened, but I think all of those could have been done without somebody with a gun. I would much rather see the money if we are talking about saving people and counselors and getting ready for COVID more than other places. This is out of order. Council Member Turk has mentioned it multiple times and we are bringing this back, which means everybody assumes this is the same issue and this will be the third time we voted, and it shouldn't be before us without unanimous consent. Council Member Smith: A lot of emphasis has been put on the recommendations of the two Task Forces, both the local and state. It would be helpful for us to have the full context of the composition of those two Task Forces. Can we learn more about who was on those and what their day jobs are? Dr. John L. Colbert: We had Frank Johnson, Senior Co -Chair who is the Directive Investigation with Wal-Mart and former Fayetteville Chief of Police. Conner Eldridge, Founder of Eldridge Brooks. Honorable Erin Whiteman, US Magistrate of Western District of Arkansas. Honorable Beth Storey Bryan, Washington County Circuit Judge. Tim Helder, Washington County Sherriff. Greg Tabor, former Fayetteville Chief of Police. Steve Gallagher, Chief of Police at the University of Arkansas. Greg Leding, Arkansas House of Representative. David Whitaker, Arkansas House of Representative. Chris Lawson, General Counsel for the Fayetteville Public Schools. Holly Johnson, Director of Communication for Fayetteville Public Schools. Susan Norton, Ex-Officio, Director of Communication and Marketing for the City of Fayetteville. Council Member Smith stated there were a lot of familiar names on the list, but Dr. Colbert was the only educator on the Task Force. He stated the State Task Force in comparison had four educators, three mental health professionals, six law enforcement officers, and two emergency responders. He stated while a lot of weight is put on the task forces, it is important to recognize that some of them were not exactly neutral in their composition. He stated when he asks for data, he is skeptical that some of these were built to come to a law enforcement conclusion to a problem. Council Member Gutierrez: Dr. Colbert, do you have the demographics of the Fayetteville Public School System? Dr. John L. Colbert: Yes, it is from last year. We go a year behind. Native American .4 %. Asian, 3.1 %. African American, 9.9%. Hispanic, 11.9%. Pacific Islander, .9%. Two or more races, 7.3%. Caucasian, 66.5%. Lance Reed stated racism is a public health issue and it's not the SRO's, but it's the teachers' perception of the behaviors of the African American students. He spoke in favor of the resolution. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 26 of 35 Dr. Jay Dostal, Principal at Fayetteville High School spoke about the benefits of SRO's. He stated what is not needed, is the divisive language and dialogue that centers around removing Police from schools and sharing data that may misrepresent what Police do in the school buildings. He spoke in favor of the resolution. Anthony Sumlin, Citizen spoke about data. He stated once the criminal justice system is involved, things escalate. He stated his concern is the disconnect between the work being done by the city and what is happening in the school system. He spoke about creating a revised policy. Alex Handfinger, Ward 2 spoke about data. He stated student behaviors are positively impacted by teaching social and emotional learning competencies. He spoke in opposition of the resolution. Jared Carter stated his teen daughter doesn't feel safe. He spoke about the need for more counselors and behavioral specialist. He spoke in opposition of the resolution. Cian Kennefick stated he graduated from Fayetteville in 2017. He spoke about statistics. He spoke in opposition of the resolution. Stephen Coger spoke about data. He stated SRO's are bad for students of color, including immigrants and refugees. He spoke in opposition of the resolution. Monique Jones stated she is not speaking on behalf of any organization she is affiliated with but is speaking as a mother. She spoke about her family's experience with SRO's. She spoke in opposition of the resolution. D'Andre Jones spoke about needing to address the issue of racist teachers. He stated Council should listen to Dr. Colbert and listen to black leadership. He spoke in favor of the resolution. Nakisha Snell spoke about racism in Fayetteville. She stated black students are disproportionally impacted by SRO arrest. She spoke in opposition of the resolution. Blake Worthey stated racism is public health crisis. He stated antidotal evidence shows that SRO's have a negative impact on black and brown students. He spoke in opposition of the resolution. Dawn Jeffrey stated she is a black woman and an activist. She spoke about data. She stated the presence of law enforcement in and around the schools has affected the black and brown community. She spoke about the big brother/big sister program. She spoke in opposition of the resolution. Taylor Bernard stated racism is a public health crisis. She spoke about data. She spoke in opposition of the resolution. Haley Smith, Ward 2 spoke about her experience of being arrested at school by an SRO, which was not in Fayetteville. She spoke in opposition of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 27 of 35 Andrea Kitchen, stated she is an African American 7th Grade Assistant Principal at Ramay Junior High School. She spoke about the benefits of having an SRO at Ramay, as well as around the district. She stated SRO's are the schools last resort when it comes to disciplinary action. She spoke in favor of the resolution. Julia Kennefick stated she is a parent of a middle school student and doesn't want an SRO on her campus. She spoke about data. She stated there's no evidence to support the notion that SRO's increase the safety of schools. She spoke in opposition of the resolution. Kenny Arredondo stated he was a Springdale resident. He stated he wants the narrative of SRO's being a positive force in schools to stop. He spoke about the school to prison pipeline. He spoke in opposition of the resolution. Daniel Kennefick stated he doesn't see that having an armed uniformed Police Officer in the middle school building is conducive to the health and safety of those children because he doesn't believe their problems would best be handled in that way. He spoke in opposition of the resolution. Kyle Norris, Ward 3 stated SRO's are a direct deterrent to criminal behavior in school. He spoke about data. He stated by removing SRO's during the risk of an attack, you are reducing children's likelihood of survival. He spoke about what Council Member Scroggin stated on social media. He spoke in favor of the resolution. Rebecca Graham stated she is a leader of the Fayetteville Moms Demand Action and is a middle school parent. She stated there's evidence regarding SRO's disproportionate impact on marginalized groups of students, particularly students of color, LGBTQ, and students with disabilities. She spoke in opposition of the resolution. Steve Smith, Ward 4 stated he has three kids in three different schools and witnessed SRO's interact with students in a positive way. He stated SRO's are trained in CPR and issued an AED. He stated he is suspicious of some of the studies. He thanked the Fayetteville Police Department for their service. He spoke in favor of the resolution. Amber Pinter, Ward 3 stated she is a Fayetteville High School teacher. She stated SRO's are a very important part of the school community. She stated she feels she and her students are safer by having SRO's on site. She spoke in favor of the resolution. Dr. Johanna Thomas, Ward 4 stated she has two young children in FPS, is a college professor and a social worker. She stated children of color, particularly black children, are being disproportionally arrested by SRO's. She stated students face cumulative disadvantages because of formal interactions with police and the juvenile justice system. She spoke in opposition of the resolution. Council Member Smith: One of the documents you sent us today was fairly lengthy about the topic of cumulative disadvantage. I did not get a chance to read it. Can you speak about that topic? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 28 of 35 Dr. Johanna Thomas: Cumulative disadvantage occurs when we have kids who have had prior formal contacts with the criminal justice system. It increases the likelihood of future contacts with our criminal justice system. We often take kids and we look at them through a vacuum. We look at them in the vacuum of the school, of the community, and criminal justice system when the systems interact. They limit opportunities to make progress for racial justice when we look at them from a single decision making point. We ignore the reality of cumulative disadvantage. Dr. Johanna Thomas read an excerpt from the statement from the Deputy Prosecuting Attorney that was included in the agenda packet. Council Member Smith: In your research, is there any quantifiable value to the lifetime damage that can be done, whether it is lost wages or cost to society? Dr. Johanna Thomas stated absolutely. She spoke about the attachments she provided to Council, which included the cost of juvenile incarceration, lost earnings, and lost future government tax revenue, which is in the billions. Derrick Cockland would like for counselors to be in charge of calling an officer to the school, instead of on -campus officers who might be hyper vigilant to criminalizing black and brown students. He spoke about needing more resources, not SRO's. He spoke in opposition of the resolution. Lexi Acello, Ward 4 stated mass incarceration is a crisis in our country. She stated what happens in the real world every day is mirrored in the schools, where black students are overrepresented in arrest and use of force incidences. She spoke in opposition of the resolution. Alan Anyieth stated a child dying from COVID is inevitable in the face of in -person schooling and considering COVID disproportionally is killing black and Latin people, the money should go towards supporting them. He spoke about school shootings. He spoke in opposition of the resolution. Dr. Kelli Dougan stated she is the Director of Assessment Research at Fayetteville Public Schools. She stated we need to look at SRO's not as Police Officers stationed in a school because these officers perform a completely different set of functions that a Police Officer can't. She stated SRO's are fulfilling some missing components of the wrap around services. She spoke about special training that SRO's go through. She spoke in favor of the resolution. Council Member Smith: In your research on positive impacts, did any of it distinguish between armed versus unarmed officers in the schools? Dr. Kelli Dougan: We did not have a lot of time to research this. It is very difficult to separate out the factors that would be just the SRO's and what we have done in our discipline programs and counseling programs. We have got several student programs we are trying to help kids before they may have some kind of negative impact with an SRO. Those unarmed programs, where more of a relationship where we are providing prevention strategies for those school shootings and we have plans for crisis management and we are taking away that Police type mentality. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 29 of 35 Scott Mashburn: Because of COVID-19 and we go to virtual school; how will that change? Will they become a virtual SRO, and can you tell us some plans for how many years? Is there anything in the process if a child that attends the school system is to be arrested, what are the checks and balances that says this is to a higher degree when you arrest a school child than when you address somebody over 18? Dr. John L Colbert: I will have to refer back to the agreement that we have made. Right now, we would be working with the SRO's and would have to refer back to the MOU to see how we have decided to address that issue. It is something we need to look at because this is an unprecedented type situation we have not had before. We will have to look into it and get back to you with an answer. Mike Reynolds, Chief of Police: If the officers were not in the school and not being utilized by the school, it would be similar to the pandemic we are experiencing right now. On March 13, 2020 everything pretty much shut down and I brought the SRO's back to the Police Department. We had some issues to deal with on our trails and within our parks and serving as public safety officers, trying to educate the public on the ever changing COVID situation as it relates to orders and directives. We have one full time officer on the trail system, and we would supplement that. I currently have seven openings in the Criminal Investigation Division from the start of when I took over as Chief in September 2019, due to the turnover, trying to replace leadership and promotions, and coupled with retirements. That would be my plan. Joe Rocko stated Dr. Colbert's wisdom and resume are outstanding. He spoke about his child's positive interaction with SRO's. He stated it shames him that heroes who sacrifice their lives for children are being shown in a negative light. He spoke in favor of the resolution. Tim Hudson, Ward 2 stated he has been on the Fayetteville School Board for 16 years. He stated Dr. Colbert is requesting two additional SRO's so the school district can better secure and protect students, teachers, and staff. He spoke in favor of the resolution. Bob Stafford, Ward 1 stated addressing this issue again is insulting. He spoke about the state of today's youth. He stated he respects the FPD, but they aren't social workers. He spoke in opposition of the resolution. Gwendolyn Hill, Ward 2 stated she wants City Council to listen to the black and brown community members that have spoken out against SRO's. She spoke in opposition of the resolution. Russell Sharman stated he echoes the many black voices heard who oppose expanding the SRO's in Fayetteville Public Schools. He spoke about data. He spoke in opposition of the resolution. Abel Tomlinson stated his daughter attends Bentonville High School and described an experience of SRO's harassing students. He stated he has been to prison, partly because of the Drug Task Force and his poor decisions. He spoke about children having privacy rights at school. He spoke in opposition of the resolution. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 30 of 35 Allison Williams stated Fayetteville policing is racist. She spoke about the history of the American Police Force. She spoke about the Police budget and data. She spoke in opposition of the resolution. Clint Schnekloth stated his son will go to McNair next year and does not want SRO's at the middle school. He requested for Council to listen to the black and brown voices who have spoken against SRO's. He spoke in opposition of the resolution. David Williams, Ward 4 stated he's conflicted because the School Board has worked hard on their strategic plan and they see the need of SRO's. He stated the conflict is painful because he was moved by Ms. Jones and other people, which he can see evidence of systemic racism, but supports good people such as Dr. Colbert and Police Chief Reynolds. Carly Geanolous, Ward 1 stated she is an elementary school teacher. She stated she has never seen students being arrested or thrown to the ground by SRO's at her school. She spoke about being able to go to her SRO to discuss physical and sexual abuse of a child. She stated this conversation should have started well before 9 p.m. She spoke in favor of the resolution. Mark Breden stated he put four kids through Fayetteville High School. He stated there hasn't been one example of an SRO in our schools doing something that was illustrated in other parts of the country. He stated the most important people in the discussion are the people doing the work every day. He spoke in favor of the resolution. Hannah Clark, Ward 3 stated she hates guns, but they keep ending up in schools and killing children. She stated as much as she hates guns, she wants her children and the teachers to have the best chance of survival when faced with an armed intruder. She spoke about how many SRO's are in the Springdale School District. She spoke in favor of the resolution. Sierra Delk thanked Council Member Scroggin for highlighting that more funds are being put into Policing than protecting students from COVID. She stated she graduated from FHS and spoke about her experience with a Fayetteville High School SRO. She spoke in opposition of the resolution. Peter Tonnessen, Ward 3 spoke about Dr. Colbert and Chief Reynolds being highly qualified and knowledgeable and recommended Council to trust their judgement. He spoke about his character being savaged for arguing he doesn't think racism is a public health issue. He spoke in favor of the resolution. Morgan Moore stated she's a product of another NW Arkansas school system that had SRO's and is a former employee of the Fayetteville Police Department. She spoke about the training of SRO's and how much SRO's care about the students they serve. She spoke about listening to school leadership. She spoke in favor of the resolution. Fernando Garcia stated he has seen how the Police has targeted people. He spoke about white supremacist. He requested to know how Mayor Jordan can support people of color or the Police who are targeting people of color. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 31 of 35 Susan Norton, Chief of Staff stated this is public comment time and requested for Mr. Garcia to conclude his comments. Fernando Garcia stated as the Mayor and City Council support the Police, there are more black and brown people going to jail. He spoke in opposition of the resolution. Catherine Snyder stated she doesn't have to talk to her white sons about Police like the black and brown community members do. She stated Dr. Colbert's request should not drown out the voices of the community members who have shared their horrible experiences. She spoke in opposition of the resolution. Colten Harris thanked those who are on the Council who initially voted in support of the resolution. He stated he doesn't want to discount anyone's experiences, but in his experience, he has witnessed SRO's having positive interactions with students. He spoke in favor of the resolution. Sarah Peace, Ward 3 stated she has parented five Fayetteville students. She stated we can't whitewash the history of policing nor the abusive power that plagues parts of our nation, but we shouldn't overlook the reformed professionalism our local department exemplifies. She spoke in favor of the resolution. Madeline Porta urged Council to not dismiss the experiences of black community members who took serious risk in speaking. She spoke in opposition of the resolution. Chris Chew, Fayetteville citizen stated his thoughts on this matter reflect many of the thoughts that have been expressed who oppose more funding for additional SRO's. He spoke about not wanting to teach children to trust Police when the system they live under is designed to shield Police from accountability for their actions. He spoke in opposition of the resolution. Jenna Blakeman stated SRO's have an extremely low percent success rate intervening in instances of gun violence at US schools. She stated SRO's have proven themselves to be violent enforcers of white supremacy. She spoke in opposition of the resolution. Ana R. stated she has a background in teaching. She encouraged Council to honor what was shared by black parents, students and community members. She stated Police do not keep black, brown, indigenous and migrant students safe. She spoke in opposition of the resolution. Rosa Valazquez shared stories about surveying students regarding SRO's. She stated if you are envisioning children in handcuffs, you are the problem. She stated SRO's victimize students. She spoke in opposition of the resolution. Gabriela Trevino stated she believes that all SRO's should eventually be removed from schools. She requested for Council to consider not providing additional funding to put more SRO's in schools. She spoke in opposition of the resolution. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 32 of 35 Fran Dickson, Greenland citizen spoke about her experience with an SRO. She spoke about internet usage safety. She spoke in favor of the resolution. Jaklin Lucero stated we need to pay attention to the black voices that have spoken tonight. She spoke in opposition of the resolution. Niko Reynolds stated it's easy for white people to say their children have had good experiences with SRO's, but that ignores all the problems going on in the country today with people of color. He spoke in opposition of the resolution. Carlotta Whitley, Huntsville citizen stated SRO's are not contributing to the prison pipeline. She stated most men in prison are from foster care or homes without fathers. She stated SRO's are not the issue, but home structure is. She spoke in favor of the resolution. Scott Berna, Ward 3 stated he's not a person of color and he can never say he understands what a person of color has lived through. He takes offense to being called a white supremacist because he supports Fayetteville PD. He spoke about Police Officers putting their lives on the line for the city. He spoke about Dr. Colbert's request for SRO's. He spoke in favor of the resolution. Council Member Gutierrez thanked the School Board for their service, voices of the Task Force, the SRO's, Chief Reynolds, and fellow Council Members. She thanked the black and brown voices that spoke. She spoke about needing an intervention and wants to press pause on the program for SRO's. She spoke about the Fayetteville School Districts counselors and social workers. She thanked the Criminal Justice Reform for the data, which brought a lot of light to the conversation. She spoke about black and brown moms being mentors and helping black and brown students. She stated she didn't grow up with SRO's in her school. She stated students who are engaged, healthy, nourished physically and emotionally, and peace at home are students who grow up to be future leaders. She wants to bridge the gap between all the students that are black and brown. She stated she wants to help bring solutions and change. She spoke about collecting positive data for SRO's, increasing diversity of the School Board, and making teachers feel safe. She spoke about behavioral interventionist. She stated she will be voting against the resolution. Council Member Petty thanked Chief of Police Reynolds for being transparent. He thanked the School Board and Administrators and stated he doesn't know as much about running a school as they do. He spoke about discrimination in Fayetteville. He stated pressing pause is the right course of action. He stated data shows that the majority of arrest are being referred by school employees to the SRO's and illustrates the systemic nature of what we are dealing with. He spoke about the racial equity training he was involved in. He stated he doesn't know that anyone, especially if you are white, can grow up in society and not grow up to be some kind of a racist. He stated we live in a very racist society. He stated he believes in the principle of blaming systems, not people, to the greatest extent possible. He believes the positive antidotes and cherished experiences that people, and the SRO's have related to Council, but also believes the other experiences. He stated they have to begin a process of reconciliation. He stated people are going to say he has defunded the Police if the grant is voted down, but he doesn't see how that is true when the grant money isn't in hand yet. He stated if the data in the future shows we have addressed these problems; he's committed to looking at it and to making up his mind anew. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 33 of 35 City Attorney Kit Williams clarified the voting process of the resolution. Council Member Turk: I asked that we reconsider this or start all over again tonight because we did have data. We had a lot of public comment and discussion and it was very worthwhile. I am very torn. We heard a lot of discussion about systemic racism and how that related or potentially related SRO's. On the other hand, the Superintendent, Principals, Teachers, and School Board Members all voted to support this. They are the experts. I would like to pause this because it's dividing our community and how different our experiences are within the context of SRO's. Mayor Jordan: What do you want to do Council Member Turk? Council Member Turk: Do I have to withdraw it? City Attorney Kit Williams: No, you can't withdraw it. You can either have a motion to pass it or table it indefinitely. Mayor Jordan: There are three departments I am directly in charge of, which is the Fire, Police, and Finance. I have always been a supporter of public safety. We have a very fine Police Department and we have a great Chief. I am proud of what they do. They take every opportunity to improve and I'm confident they will always continue to do so. This was not the Chief s idea or mine, but it was brought to us by the School Board. They said they needed two more SRO's. We brought it to the Council. The Task Force recommended it and the School Board unanimously voted for it. I admire Superintendent John L. Colbert greatly. We have known each other for 30 years and he is an excellent Superintendent. Having said all that, I see how this is going to go. I want the Fayetteville Police Department to know I support their efforts and I appreciate their work. City Attorney Kit Williams briefly described what tabling an item indefinitely means and the grant expiration terms. He stated tabling indefinitely basically kills the resolution. Council Member Turk moved to table the resolution indefinitely. Council Member Smith seconded the motion. Upon roll call the motion passed 7-1. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion voting no. This resolution was tabled indefinitely SRP- 2020-2021 DTF DCF Grant Award: A resolution to authorize acceptance of a State Drug Crime Enforcement and Prosecution Grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $91,319.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. There was a brief discussion about tabling the rest of the items until the September 1, 2020 City Council meeting due to the late hour. Council Member Petty stated he would like to table items C.3 through C.7, unless one of the items must be completed tonight. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 18, 2020 Page 34 of 35 Mayor Jordan: Is there an urgency on the Drug Task Force? Mike Reynolds, Chief of Police: No, sir. There is not an urgency on this. If we need to table it, we can come back and visit it in two weeks or push forward. Whatever is the wishes of the Council and you. Mayor Jordan: Council, what do you want to do? Several Council Members confirmed they would like to table C.3 through C.7 until the September 1, 2020 City Council meeting. Council Member Petty invited the public back in two weeks to comment on items that Council did not cover tonight. Council Member Scroggin: We have got 60 attendees still. I wish we could poll them, but I know that's not really possible. Mayor Jordan: No, we aren't going to be able to poll 60 people at 2:30 in the morning. If you are going to do that, then you might as well let them speak on the issue. Council Member Petty moved to table items C.3 through C.7 to the September 1, 2020 City Council meeting. Council Member Kinion seconded the motion. Upon roll call the motion passed 5-3. Council Members Kinion, Petty, Bunch, Gutierrez, and Marsh voting yes. Council Members Scroggin, Turk, and Smith voting no. This resolution was tabled to the September 1, 2020 City Council meeting. RFQ #18-11 Nabholz Construction Change Order #3: A resolution to approve Change Order No. 3 to the contract with Nabholz Construction Corporation in the amount of $10,494,726.00 for construction of Phase 1 of the Cultural Arts Corridor Project, and to approve a budget adjustment. Council Member Petty moved to table items C.3 through C.7 to the September 1, 2020 City Council meeting. Council Member Kinion seconded the motion. Upon roll call the motion passed 5-3. Council Members Kinion, Petty, Bunch, Gutierrez, and Marsh voting yes. Council Members Scroggin, Turk, and Smith voting no. This resolution was tabled to the September 1, 2020 City Council Meeting. Appeal: RZN 20-7133: (6040 & 6074 W. Wedington Dr./Houston): An ordinance to rezone that property described in rezoning petition RZN 20-7133 for approximately 3.05 acres located at 6040 and 6074 West Wedington Drive from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 18, 2020 Page 35 of 35 Council Member Petty moved to table items C.3 through C.7 to the September 1, 2020 City Council meeting. Council Member Kinion seconded the motion. Upon roll call the motion passed 5-3. Council Members Kinion, Petty, Bunch, Gutierrez, and Marsh voting yes. Council Members Scroggin, Turk, and Smith voting no. This ordinance was tabled to the September 1, 2020 City Council Meeting. Resolution to Request that City Staff Study: A resolution to request that city staff study and present an ordinance eliminating discretionary proceedings for religious uses to the extent possible, provide for regulations based on the size and intensity of the proposed use, and employ non- sectarian language. Council Member Petty moved to table items C.3 through C.7 to the September 1, 2020 City Council meeting. Council Member Kinion seconded the motion. Upon roll call the motion passed 5-3. Council Members Kinion, Petty, Bunch, Gutierrez, and Marsh voting yes. Council Members Scroggin, Turk, and Smith voting no. This resolution was tabled to the September 1, 2020 City Council Meeting. Amend UDC 166.23: Urban Residential Design Standards: An ordinance to amend § 166.23 Urban Residential Design Standards of the Unified Development Code to increase flexibility for small building design. Council Member Petty moved to table items C.3 through C.7 to the September 1, 2020 City Council meeting. Council Member Kinion seconded the motion. Upon roll call the motion passed 5-3. Council Members Kinion, Petty, Bunch, Gutierrez, and Marsh voting yes. Council Members Scroggin, Turk, and Smith voting no. This ordinance was tabled to the September 1, 2020 City Council Meeting. Announcements: None City Council Agenda Session Presentations: None �.Al61Y pF •SG''. •� FAYETTEVILLE Paxton, City Cl k Treasurer: �'4/ ,NT1 ONE 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov