HomeMy WebLinkAbout2021-08-17 - Minutes -Council Member Sonia Gutierrez
Ward 1 Position 1
Council Member D'Andre Jones
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 17, 2021
City Council Meeting Minutes
August 17, 2021
Page I of 24
Council Member Sloan Scroggin
Ward 3 Position I
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position I
Council Member Holly Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on August 17, 2021 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, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch and
Teresa Turk joined the meeting via online using a video conferencing service called Zoom.
Council Member Petty was absent during Roll Call.
Absent: Council Member D'Andre Jones
Mayor Lioneld Jordan, Council Member Holly Hertzberg, City Attorney Kit Williams, City
Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul
Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, and 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: None
City Council Meeting Presentations, Reports, and Discussion Items: None
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City Council Meeting Minutes
August 17, 2021
Page 2 of 24
Azenda Additions: None
Consent:
Approval of the August 3, 2021 City Council meeting minutes.
APPROVED
Community Development Block Grant Program: A resolution to approve a budget adjustment
in the amount of $6,389.00 recognizing revenue from the Community Development Block Grant
program to provide staff support for the Yvonne Richardson Community Center Kids Nite
afterschool program for the 2021 fall semester.
Resolution 204-21 as recorded in the office of the City Clerk
Garver, LLC Amendment No. 1 - 2019 Drainage Improvements Bond Project: A resolution
to approve Amendment No. l to the professional engineering services agreement with Garver,
LLC in the amount of $71,300.00 for design and construction phase services associated with the
Missouri Creek Drainage Basin Project, and to approve a budget adjustment - 2019 Drainage
Improvements Bond Project.
Resolution 205-21 as recorded in the office of the City Clerk
Bid #21-62 KAJACS Contractors, Inc.: A resolution to award Bid #21-62 and authorize a
contract with KAJACS Contractors, Inc. in the amount of $748,000.00 for construction of the
Richland Creek Waterline Crossing Project, and to approve a project contingency in the amount
of $149,600.00.
Resolution 206-21 as recorded in the ofce of the City Clerk
Bid #21-52 Arestar Electric, LLC - 2019 Street Improvement Bond Project: A resolution to
award Bid #21-52 and authorize a contract with Arestar Electric, LLC in the amount of
$598,443.00 for the installation of decorative lighting on Spring Street from West Avenue to
College Avenue, to approve a project contingency in the amount of $60,000.00, and to approve a
budget adjustment - 2019 Street Improvement Bond Project.
Resolution 207-21 as recorded in the office of the City Clerk
Northwest Arkansas Land Trust (NWALT) Woolsey Working Farm: A resolution to approve
a 3 year lease agreement with the Northwest Arkansas Land Trust for approximately 4.3 acres of
property located east of Broyles Road to develop and manage the Woolsey Working Farm, and to
approve a budget adjustment.
Resolution 208-21 as recorded in the office of the City Clerk
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August 17, 2021
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Council Member Kinion moved to accept the Consent Agenda as read. Council Member
Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk,
Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes. Council Member Jones
was absent.
Unfinished Business:
Appeal ADM-2021-038 (2512 W. Mt. Comfort Rd./Hays): A resolution to grant the appeal of
Daniel Hays and approve a major modification of Large Scale Development LSD 19-6780 by
granting a variance to the city's access management standards to allow a second driveway at 2512
West Mount Comfort Road. At the August 3, 2021 City Council meeting this item was tabled to
the August 17, 2021 City Council meeting.
Jonathan Curth, Development Services Director stated he had no new updates.
Mr. Hays, Applicant gave a brief description of the resolution. He stated Mr. Deaver negotiated a
driveway, of a curb cut that was not in the 2.024 acres that is on the application and was not
authorized in anyway to have this curb cut removed. He stated the application is vague on the
authorization for the property owner. He stated due to the fact that this had been a full parcel that
was being sold there would be no question, but this is only a portion of the parcel in question.
Council Member Hertzberg: If we were able to add an amendment that said if this variance was
granted and that it would only apply until the property was sold to prevent any future development
concerns that anyone might have, would you be in favor of that?
Mr. Hays: Yes, because the remaining 21 acres after the sale to Casey's, to do any development
on the property would require the buyer to look into another Large Scale Development before they
would be able to do any construction. It wouldn't be a way for someone to buy the property and
start building or doing some other type of business on the property without going through the
process of getting a Large Scale Development approved.
Council Member Hertzberg: Kit, would that be possible to add to this?
City Attorney Kit Williams: The City Council has authority to put conditions if you grant the
appeal. I'm not really sure the condition you are talking about that it wouldn't apply until after the
sale.
Council Member Hertzberg: No, it would apply until after the sale.
City Attorney Kit Williams: At that point, you would be saying that once it is sold, they could
have a new curb cut.
Council Member Hertzberg: After it was sold, then we would have to close the curb cut.
Mayor Jordan: The curb cut would only be open for a short amount of time?
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Council Member Hertzberg: A curb cut would only be open until the property was sold to
somebody else. A Council Member had a concern if the property was sold and developed in the
future, that curb cut could be a problem.
City Attorney Kit Williams: It would be a problem in that it is always difficult for the city to
close a curb cut because a property owner has a right to access a road that goes in front of or abuts
their property. In this particular case, the curb cut was really not closed. It was moved because
Casey's, which is who they sold the land too and why they authorized this engineer who is working
for Casey's to do the Large Scale Development. Casey's needed access onto Mount Comfort Road.
Their original access was going to be a full access and not just a right in, right out, which is how
it ended. The full access also made a better access into the Hays remaining property than what they
had originally had with their curb cut. Keep in mind, they have another curb cut on Mount Comfort
Road already that serves a mobile home park, but also it could serve the rest of their property
because they own all that property. The curb was not really closed, but it was moved. When I
looked at the documents that were provided to me, it appears that Mrs. Hays as the Trustee for the
Hays Trust that was owning this property, did sign a consent that Mr. Deaver would be her agent
and had the right to act for her, which is what he did. One of the things he did was move the curb
cut over and there was going to be joint access, which there is right now. The difference was and
what has caused the Hays some problems, is now this is a right in and right out only curb cut,
where the other one was full access. That's understandable because at this point, the curb cut has
been moved close to the signalized intersection. Therefore, it is a shorter distance to the
intersection than what the old one was, and it is a more dangerous situation. I don't think we could
say that the curb cut remains until it's sold. I guess we could work out some sort of deed restriction
if they were willing to do that, but it would put them in no more better situation than they are right
now, where they have a limited access curb cut on the property line, which it was always
anticipated to be a joint access, which is what they have. They have their existing curb cut that
serves their mobile home park but can serve this acreage also. That other acreage also is on another
road that accesses the traffic light, so they could also come in from the east. They have lots of
access into this property right now. I think that's why the Planning Commission eventually
approved this very limited curb cut, even though the Hays wanted to be a full access curb cut. I
think they looked at the other reasonable options the Hays Trust has for this whole property and
that's why it was approved like that. The City Council can grant the appeal and then attempt to put
some conditions on. I would be concerned if it was just our conditions and we didn't have an actual
deed in our hand that says they would give up that curb cut. Otherwise, when they sell the property,
we would have an issue with whoever bought it about whether or not they get a curb cut or not.
That needs to be decided now and not pushed off into the future.
Council Member Hertzberg: My only concern is I would like the Hays have access to have their
curb cut, but not just to grant that forever.
City Attorney Kit Williams: That would be very difficult to be able to do legally. To give a
temporary curb cut is what you are saying?
Council Member Hertzberg: I guess it's a curb cut for just their family, until they sell the
property to somebody else.
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City Attorney Kit Williams: They could not convey the right to have a curb cut to anybody else?
Council Member Hertzberg: Right.
Mayor Jordan: It's only for their family until they sell the property?
Council Member Hertzberg: Yes. It's conditional on the sale.
City Attorney Kit Williams: I would find that very difficult. If the City Council wanted to do
that, I would need to work with an Attorney representing the Hays so we could come to the
appropriate language that everybody could agree on. This isn't something City Council could do
on its own and avoid future problems.
Council Member Scroggin: At the last meeting, I said I was concerned that we are almost
practicing law as City Council. Based on what the applicant has presented, it's almost even gone
further in that direction. Giving them a curb cut until they sell it, but what if they put it in an LLC
or transfer it. The amount of directions it could go would get crazy. This is something an Attorney
and the courts need to decide. I think somebody may have not fully understood the contract or
thought it was going in a different direction.
Council Member Turk: Are you in litigation with Casey's?
Mr. Hays: No, not at this time. The only issues we have are trying to keep our driveway and keep
the current curb cut we have.
Council Member Bunch: On the diagram of Casey's site, it has numbers between the different
curb cuts, which it's right in and right out and there's a dashed line across the top of it. Where this
driveway is being proposed to be moved too, the Hays family would be accessing a corner of the
Casey's parking lot and going into that right in and right out driveway. Correct?
Jonathan Curth: Yes. I believe the dashed line you are referencing is an access easement. That
was a requirement from staff that both this right in and right out access on the Mount Comfort
Road and the full access on Shiloh were dedicated within access easements to ensure the Hays
property could use both of those entrances.
Council Member Bunch: They can come off their property. They don't have to go to that right
in and right out. They can drive across the lot and come out on the street and come out at a stoplight.
Correct?
Jonathan Curth: Yes.
Council Member Scroggin: I am okay if we need to table this. We need to make our decisions
based on what is keeping our city safe and we have access management codes. We should follow
those and not change the safety of the city based on a contract between two parties.
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Council Member Hertzberg: I would like to table this to see if Kit and the Hays Attorney would
be able to come up with something.
Council Member Hertzberg moved to table the resolution. The motion died due to a lack of
a second.
City Attorney Kit Williams: There must be a motion to pass the resolution. That would grant the
appeal. Even if you aren't in favor of granting the appeal, there still needs to be a motion to pass
the resolution before this item can be taken care of.
Council Member Turk: I appreciate Mr. Hays giving us a tour and it was informative. I will not
be supporting this appeal. It sets a bad precedent. This has broader implications. There is also a
dispute that has been discussed between Casey's and the Hays family. They have multiple access
points. I believe it is a serious safety hazard. There are reasons for those codes.
Council Member Hertzberg moved to approve the resolution. Council Member Scroggin
seconded the motion. Upon roll call the resolution failed 1-6. Council Member Hertzberg
voting yes. Council Members Turk, Gutierrez, Kinion, Petty, Scroggin and Bunch voting no.
Council Member Jones was absent
This resolution failed.
Amend §158.05 Off -Site Improvements/Delays: An ordinance to amend § 158.05 Off -Site
Improvements/Delays to conform this section to the requirements of A.C.A. §14-56-103
Development Impact Fees -Definition. At the August 3, 2021 City Council meeting this item was
left on the first reading.
Council Member Turk 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 Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes.
Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams thanked the Council Members for leaving this on the first reading at
the previous City Council meeting. He stated the ordinance needed a couple of minor but important
changes. He stated the changes were described in his memo and he briefly described the changes.
He stated he sent Council a slightly amended ordinance that changed repeals to amends in Section
1 and to add Off -Site Improvement to the title. He requested for Council to amend the ordinance.
Council Member Kinion moved to amend the ordinance as described by City Attorney
Williams. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
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City Attorney Kit Williams: Mainly we are trying to comply with State law, so our Impact Fee
ordinances match up with the Impact Fee statute. We have been following the statute, but our
Impact Fee ordinance was not exactly in tune. I want to make sure it exactly conforms to the Impact
Fee statute.
Council Member Turk moved to suspend the rules and go to the third and final reading.
Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan: Thank you to Kit for his work on this.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
Ordinance 6466 as Recorded in the office of the City Clerk
New Business:
A Program To Use Federal COVID-19 Funds: A resolution to request that the administration
establish a program to use Federal COVID-19 relief funds to encourage unvaccinated employees
of businesses in Fayetteville and Fayetteville residents to get vaccinated.
Council Member Petty gave a brief description of the resolution. There were some technical
difficulties in the presentation.
Council Member Gutierrez: Did I hear correctly that Council Member Petty wants Council to
approve the resolution via email?
City Clerk Treasurer Kara Paxton: I thought I heard Council Member Petty say he wanted to
move to amend the resolution, per the email he sent. Is that correct?
Council Member Petty: Yes.
City Attorney Kit Williams: Council Member Petty sent me an email where there were several
things he thought might be added. It states, Whereas, these incentive funds for persons to become
fully vaccinated against COVID-19 are available to all residents and employees working in
Fayetteville, but special emphasis should be taken to ensure healthcare and social assistance
workers, educators and support staffs, and hotel and food service workers reach the highest
percentage possible for vaccinations: and Whereas, the local courts should be encouraged to
consider reducing existing and future fines that otherwise would go to the city to persons who
quickly become vaccinated after the passage of this resolution. The operative language in Section
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I has been slightly amended. It reads that the City Council of the City of Fayetteville, Arkansas
hereby requests that the Administration promptly establish a program (using an outside contractor
if necessary) with Federal COVID-19 relief funds in the amount of $400,000 to establish vaccine
incentive awards of $100.00 for all residents of Fayetteville and all employees working in
Fayetteville who become fully vaccinated on or after August 17, 2021 and before to be decided
date and approves a budget adjustment in the amount of $400,000 from Federal COVID relief
funds. I don't have an ending date for you yet.
Mayor .Jordan: Council Member Petty, does that sum up what you are looking at?
Council Member Petty: Yes, Kit summed it up well. The motion is to make that the amendment.
City Attorney Kit Williams: Do you have a cutoff date you want to put in?
Council Member Petty: October 15, 2021.
City Attorney Kit Williams: That would be your motion to amend?
Council Member Petty: Yes, sir.
Council Member Turk: October 15, 2021 is an appropriate date. I have concerns about $400,000.
I hope this is extremely successful. I appreciate Council Member Petty trying to be innovative and
continue to incentivize people to get vaccinated. Unfortunately, monetary awards have not been
successful nationally and I believe with city staff, locally. Having $400,000 tied up and not being
able to be allocated with other funding, the amount is too high. I suggest $200,000. In your original
email, you had suggested that it come back to the City Council when those funds were exhausted
at an 80% level. We could allocate more money at that time.
Council Member Petty stated he would take that suggestion in good faith. He spoke briefly about
where the $400,000 number came from. He spoke briefly about the utilization of the incentive
program and how it might work given what he has already seen in some other incentive programs.
He spoke about employee counts in the city by sector. He spoke about vaccination rates. He spoke
about other classes of essential workers that need to be incentivized. He spoke about administrative
costs of the program. He spoke about city employee incentives. He stated he is comfortable with
the $400,000 allocation because it has the end date and will be able to make an assessment if the
program is successful. He stated he proposed the $400,000 in this manner because of the time
sensitivity involved and to have a clear authorization from the Council up front for the duration of
the program.
Council Member Scroggin: The peak is supposed to be in October. We are stewards of the
treasury here. I assume if were to actually vaccinate another 4,000 people, it would save the city,
hospital, and U of A way more than $4000,000 in reduction of people getting the virus to the point
that they have to go to the hospital. It will pay us back dividends for us doing this and this is money
well spent.
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Council Member Gutierrez: This is a great pilot project and I like the end date. I like the
$400,000 for the reasons Council Member Scroggin just mentioned. 1 support it as it is stated.
Council Member Kinion: I have a concern of the $400,000 level if it were tied up and not sure if
people are going to utilize this program. Council Member Petty, do you mind if we amend it to
$200,000 or $250,000 and then come back if we need more?
Council Member Petty: No matter how this program gets rolled out, it will be a smart thing to
do. My preference is to still get a full authorization from the beginning. I am concerned about
funding or parliamentary hiccups in the middle of a successful incentive program for more
authorization.
Council Member Kinion: If it is successful, I would be anxious to go ahead and give more money
towards it. It can work both ways. I would like the cap to be at $250,000 with the understanding
we can come back.
Council Member Scroggin stated he wants $400,000. He stated $250,000 instead of $400,000 is
1,500 less people getting vaccinated if everybody was to use this. He requested to know if it isn't
spent, how long is it tied up.
Paul Becker, Chief Financial Officer: Whatever we approve and don't spend, we will come back
and reduce that appropriation to zero. It will make the funding back to what it originally was. In
this case, an additional $150,000 would tie it up for at least two months. If it is spent, it's spent. If
it is not spent, we come back and transfer it back to the Recovery Fund.
Council Member Hertzberg: How long would it take to get additional money if we approve
$250,000 and we spent all of that?
Mayor Jordan: I can handle that end of it. I can get it to the Council pretty quick if you all decide
to go with $250,000.
Council Member Gutierrez: We need to be proactive right now and put a lot of effort in
prevention with a positive spin to incentivize people to get their vaccine. Cash is an excellent
incentive. $400,000 is a conservative number for the safety and health of people. We need to stick
with $400,000.
Council Member Kinion moved to amend the ordinance to $250,000. Council Member Turk
seconded the motion. Upon roll call the motion failed 2-5. Council Members Turk and Kinion
voting yes. Council Members Hertzberg, Gutierrez, Petty, Scroggin and Bunch voting no.
Council Member Jones was absent.
Council Member Turk: These are federal funds. I am hoping there is someway to ensure we
don't have fraud or double dipping. There are a lot of other programs out there. That is probably a
challenge to the Administration on how you put those safeguards in place.
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Mayor Jordan: That is a good point. Staff and I have been talking about that for the last week.
We do have a program and we can discuss what we have come up with.
Paul Becker: My staff, Susan Norton, Mayor Jordan and I have discussed that. One of our primary
fears is fraud. The intent is to put out a form by IT where documentation would be sent to us in an
application requesting this funding. Once we get everything, we would respond to the individual
and tell them they are approved. Then we would pay them in the form of a Visa card. They would
come in, show identification and then receive the Visa card. This would be the safest method. If
we try to mail the card, it could be lost and that is the same as mailing cash. A check could be lost
or stolen.
Susan Norton, Chief of Staff: To potential double dipping, we really can only have an attestation
on the form that the applicant is going to guarantee they haven't done that. We don't have any way
to verify whether there is any double dipping. The IT staff is able to quickly design the program
because we have other programs similar to this. We have got the staff who are asking all the right
questions and making sure we are able to implement the workflow for the authorization of the
payment. Paul's team will generate the payments.
Mayor Jordan thanked everyone who worked on the item.
There was a brief discussion about getting the program up and running in two weeks.
Council Member Gutierrez: Was a marketing campaign discussed? That is the key for the
success of this.
Susan Norton: We will use all the same channels that we have for notification. We have a large
following through our media outlets and social media. We will be able to reach as many people
who want to hear the message through our typical channels, through print and advertising. I don't
believe we will need to hire anybody to help us with that.
Mayor Jordan: On our Facebook page we have 23,00 people. I have 5,000 on my page.
Susan Norton: We will be happy to entertain any additional ideas for outreach that any Council
Members or the public may have. We have the capacity to do outreach.
Paul Becker: That is one of the things we looked at in the design. We made it a type of system
that could be reached by most any citizen, whether or not they had a permanent residence. We can
contact people such as Seven Hills to inform people what is available. We will have a kiosk here
where they can request it if they don't have the technology available to them. We are doing
everything possible to advertise it and make it as accessible as possible.
Council Member Gutierrez: I wanted to make sure resources were available if you needed them.
I have been working with some university students. A lot of them are telling me they aren't on
Facebook. I am happy to help coordinate some connections to help students understand and know
about the program.
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Council Member Petty moved to amend the ordinance as described by City Attorney
Williams. Council Member Gutierrez seconded the motion. Upon roll call the motion passed
7-0. Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch
voting yes. Council Member Jones was absent.
Council Member Petty thanked everyone for taking the item up so quickly. He stated the Board
of Health is meeting to consider a behavioral incentive. He stated as we launch this program, his
hope is that the courts, library, schools, clinics and all employers will match the city. He spoke
about outreach to businesses, healthcare partners, social care providers and educational
institutions.
Council Member Scroggin moved to approve the resolution. Council Member Gutierrez
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk,
Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes. Council Member Jones
was absent.
Council Member Turk: Do we need to have an emergency action in order to implement this
immediately?
City Attorney Kit Williams: This is a resolution and it is effective immediately.
Resolution 209-21 as recorded in the office of the City Clerk
Ozark Tennis Academy: An ordinance to waive the requirements of formal competitive bidding
and approve a contract with Ozark Tennis Academy, LLC to provide tennis instruction to
Fayetteville residents.
City Attorney Kit Williams read the ordinance.
Lee Farmer, Recreation Superintendent gave a brief description of the ordinance.
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 7-0. Council Members
Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes. Council Member
Jones was absent.
City Attorney Kit Williams read the ordinance.
Council Member Hertzberg moved to suspend the rules and go to the third and final reading.
Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
Ordinance 6467 as Recorded in the office of the City Clerk
VAC-2021-020 (61 S. Harmon Rd./FHS Properties): An ordinance to approve VAC 21-020 for
property located adjacent to 61 South Harmon Road to vacate a portion of an alley right-of-way.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated staff franchise utilities have signed off with no objections. He stated all adjacent property
owners consented to the request. He stated staff recommends approval. He stated the Planning
Commission unanimously recommended approval. He stated there has no been no public comment
received.
Zach Hixson, Applicant stated he was available for questions.
Council Member Gutierrez moved to suspend the rules and go to the second reading. Council
Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes.
Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Council Member Gutierrez moved to suspend the rules and go to the third and final reading.
Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
Ordinance 6468 as Recorded in the office of the City Clerk
2022 Employee Benefits Package: A resolution to approve the 2022 Employee Benefits package.
Missy Cole, Human Resources Director gave a brief description of the resolution. She stated for
the most part, the rates for dental, vision, life insurances, and disability insurances are all on a
guaranteed rate hold for next year and staff recommends that. She stated there are decisions to be
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made on the medical portion. She stated staff is recommending a change in the COBRA vendor to
a local Arkansas based vendor. She spoke about the rate design choices.
Jacob Salinas, Gallagher gave a brief PowerPoint presentation on the context of how he
approached the real analysis with providing data analytics and what backs the recommendation
being proposed. He spoke about the years of historical lookback. He briefly explained the plans.
Missy Cole spoke about the cost analysis. She stated if Council votes for the 6% renewal, it ends
up being about $125,000 different to employees. She stated if Council votes for the 6% renewal
of the current plan for the city, it ends up being a difference of $680,000. She stated renewal versus
what we are proposing overall is about an $800,000 difference. She stated the budgetary impact
from what we are paying this year, is only about $400,000, which is based on our current 2021
rates we are paying. She stated she is bringing it forward to Council because she believes that both
plans are excellent plans. She spoke about what options Council Members could potentially have
for benefit offerings.
Council Member Scroggin: When do we need to vote on this? I have had a lot of people reach
out that are concerned about this and have a whole lot of questions. I don't think we are going to
be ready today. Is it detrimental if we don't vote on this today?
Missy Cole: We are scheduled to start our education meeting right after the Labor Day holiday.
Because you aren't meeting again in August, we would have to figure something out with our
vendor to reschedule open re -enrollment. It is scheduled for the middle of September. There are
behind the scenes items to be taken care of too.
Susan Norton, Chief of Staff. Missy, are you asking for a vote tonight?
Missy Cole: Yes. The reason I did bring forward the 6% renewal, is if that is the wishes of Council,
we are ready to implement that, as well. It is our desire to offer the best package we can to staff. I
do feel that both of these plans have excellent coverage. The numbers support either one of those.
Council Member Scroggin: That is unfortunate because I have had people call. They feel that
some of the peer cities have better plans. They are worried about being priced out. Maybe there is
misinformation that is going out or maybe that is correct. Based on the volume of questions we
had at Agenda Session, it is unfortunate we have to vote on this tonight.
Jacob Salinas: In terms of rates being presented.for either the current plan or the proposed plan,
when looking at benchmarks, the City of Fayetteville for public sector falls within the 25'
percentile or the best in class from a rate structure standpoint. When comparing the rates relative
to your peers, the city is in a very good position from a premium standpoint.
Susan Norton: It might be helpful if you would talk about some of the common misunderstandings
that have been repeated by staff that you have been hearing.
Missy Cole: I have mainly heard from people who had some catastrophic events. They
unfortunately had some pretty significant things happen, such as COVID and other things. I don't
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want to discount what they feel. That's why I feel very comfortable making sure both of these
products are out there and that we are looking out after the majority of our population. In speaking
with those individuals about their individual perspective, their maximum exposure when you
typically have a family plan, because you have the imbedded deductible, you do have one person
that tends to contribute to the plan dollars or has the event or diagnosis that ends up costing the
money. That person's maximum risk under this plan does go up. It's going to be higher than
$3,000. It is going to be $5,600, but there is a slight decrease on their premium. I want to educate
staff on our supplemental products. I want to have a level of comfort that if I have to meet my
deductible, I am also going to have some income coming from American Fidelity that will help
offset that. BlueCross BlueShield does not coordinate with American Fidelity. In addition to
supplemental, I would want to educate on how to best maximize their HSA contributions, look at
their level of risk, which for an individual in a max year is going to be $5,600.
Council Member Scroggin: The average cost of a hospital stay if you get COVID is $50,000. If
somebody were to get that under the two plans, what would their out of pocket be?
Jacob Salinas: On the current HSA plan, it is $3,000 total out of pocket. Once the deductible and
out of pocket is met, it's paid at a 100%. On the proposed plan, it would be $5,600. $2,800
deductible and then an 80% co-insurance. The member is responsible for 20% co-insurance up to
the maximum out of pocket of $5,600. That is their ceiling for the year.
Council Member Scroggin: The $5,600 comes from both?
Jacob Salinas: It's not added together. It's $5,600 total.
Council Member Bunch: That is an individual. That is not a family.
Jacob Salinas: Correct.
Council Member Bunch: The family is also having their own deductibles going on?
Jacob Salinas: Correct. Once an individual meets their own deductible on these plans, the rest of
the family fills the rest of the bucket up with their claims to meet the family deductible.
Council Member Turk: Please comment on what that is specifically for the family. What are the
comparisons?
Jacob Salinas: Under the proposed plan, the family deductible is $5,600 and the total out of pocket
maximum for a calendar year is $1 1,200.
Council Member Turk: Next year, could you please give us at least a couple of City Council
meetings so we can have the information and discuss this ahead of time where it doesn't influence
the open enrollment. I anticipate our rates are going to go up next year because of COVID. Are
their insurance programs out there that access risk based on whether your vaccinated versus
unvaccinated? If there were those types of programs, that is another way to incentivize people
getting vaccinated.
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Jacob Salinas: I am not aware of any plans that incentivize premium based on vaccination rate.
The plans are projected based on total experience of the claims. COVID diagnosis and treatment
since the inception of the pandemic, we had about 7% of total claims were related to COVID. We
have provided that information to Missy Cole and her team. When looking at the total claim
expenditure for the city, COVID makes up some percent of that. That information is taken by Blue
Cross and projected forward for the overall increase. What we have done to protect the city in
negotiation with Blue Cross is that guarantee. If that guarantee wasn't there, you may be looking
at a higher increase, but because of that renewal guarantee, the cap is 6%.
Council Member Turk: It sounds like the whole structure of the plan can't be parceled out into
vaccinated and unvaccinated.
The City Council received one public comment regarding this resolution.
Council Member Gutierrez: I would like to talk about the cost that the city is investing with the
new plan.
Missy Cole: Are you speaking to the HSA and our contribution into it?
Council Member Gutierrez: Yes, the two scenarios.
Missy Cole: We are keeping our contributions to the HSA the same as it has been. We help
incentivize an employee to take insurance because we are offsetting that with what we put in every
month. With that 6% renewal, the employees are paying $52.60 a month and we are contributing
$70.80 a month. A family plan under that 6% renewal, it's about a wash. The employee will pay
$168.62 a month and we will put into their HSA $156.66 a month. There is a maximum the IRS
will allow the employee to pretax to help cover some of the risk that's associated with a high
deductible plan. Looking at our proposed plan, which includes a co-insurance component, our
employee coverage would cost them $45.96 a month and we put in their HSA the $70.80. For a
family under that plan, it's going to cost them $147.36 a month and we put into the plan $156.66.
With the alternate plan we are putting in more money than the employee is paying in premium,
which they pay in pretax dollars. The theory is for the employee to maximize their pretax
deductions through the HSA to help build up that account to help prepare for any catastrophic
event that potentially could happen in our lives.
Council Member Gutierrez: If we go with the option to remain with the current plan, was it the
investment of the city versus not?
Missy Cole: It's going to cost the city $680,000 less on just the high deductible plan to go with
the proposed plan as opposed to going with the renewal. The budgetary impact is a little different
because this year we budgeted about a $400,000 difference. The real true budget impact to the city
is somewhere around $400,000 difference to the positive of the city and to the employees. As far
as employees, the total population if we go with the proposed plan over the 6% renewal, the total
population is $125,000 better off in premium savings. The reason for that is because the city picks
up a significant proportion of the cost for our insurance. The employee pays about 14.88% of the
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premium and we pay the rest on the high deductible plan. I primarily talk about the high deductible
plan because 92% of our staff are on it and we only have 63 people on the PPO.
Council Member Gutierrez: If we stay on the current plan and don't pass along the increase, can
we sustain that on the budget? With the proposed plan, there is more cost goes that goes to the
individual. Is that correct?
Paul Becker, Chief Financial Officer: I don't have precise number because it all depends on what
selection and what plan is selected by the individual. There is an increased cost to the city if we
stay on our current plan. There is a savings if we go to the new plan. When we say the city, that is
the cost of the entire plan, both to the city and to the individual. About 22% of the premium is paid
by the employee and the balance paid by the city for the high deductible. There would be an
increase to the city and an increase to the individual if we continue to keep the current plan. There
would be a lower cost to the individual and a lower cost to the city if we went to the plan with the
higher out of pocket.
Council Member Gutierrez: Was that on one of the slides?
Missy Cole: I think the last slide talks about the total difference between the two plans to the city
and to the employee. Looking at that medical rate comparison slide, it will be more cost to the city
in premiums if we go with the 6% renewal. The impact directly to employees of the premium,
based on what they are paying is about $125,000 more to the overall body of employees if we go
with the 6% renewal. In the original Legistar packet I have the cost share numbers at about 14.88%
that the employee pays on premium and the city pays the rest. There is a different rate for PPO.
Council Member Gutierrez: When we are talking about insurance, it's there for when we have a
catastrophic thing. We are already having a difficult time in a medical situation and now we have
a much higher deductible. It is insult to injury. Now that I have been on the high deductible plan
for myself, the last three years I haven't met that high deductible. This year I have become pregnant
and I am going to max it out. I am glad my deductible is $3,000. I am trying to consider being
prepared for a catastrophic thing.
Council Member Bunch stated she wished they didn't have to vote on this tonight. She stated she
got a lot of calls from concerned people that have experienced catastrophic events which have cost
them a lot. She stated we have to focus on what is going to meet the needs of most people, instead
of directing everything toward the fewer folks that have had the really big expenses.
Mayor Jordan: I have the sense that Council is not ready to vote on this tonight. I can call a
Special City Council meeting next week so that everyone can review the information.
Council Member Scroggin: I would like that.
Mayor Jordan: When I worked at the university, whatever the insurance went up, that's what
they charged you. They paid half and you paid half. There is the option of it going up a certain
percent for everybody, I think. Is that correct?
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Missy Cole: Yes, it would be the 6% total if we renewed our current plan. It's a good plan.
Council Member Turk stated it would be helpful in boiling some of these things down that we
asked for tonight and have it real clear on the slide. She stated she appreciated all the information,
but it was hard to digest because there was a lot of information. She stated she always likes the
details but requested for Missy Cole to put some of the questions asked at the meeting in a summary
form.
City Attorney Kit Williams: If we aren't going to decide tonight, it needs to have a motion to
table.
Council Member Gutierrez moved to table the resolution to a Special August 24, 2021 City
Council meeting. Council Member Scroggin seconded the motion. Upon roll call the motion
passed 6-1. Council Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch
voting yes. Council Member Petty voting no. Council Member Jones was absent.
This resolution was tabled to a Special August 24, 2021 City Council meeting.
Amend §97.081 Intoxicating Beverages: An ordinance to amend §97.081 Intoxicating
Beverages of the Fayetteville Code regarding possession and consumption of alcoholic beverages
on city park property and trails within the Downtown Outdoor Refreshment Area, and to clarify
that the possession and consumption of alcoholic beverages on any other city park property or trail
is subject to special event permit approval.
City Attorney Kit Williams read the ordinance.
Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He stated
this proposed amendment is about ensuring consistency and does not have any rippling actions
attached to it.
Council Member Turk: What we have on the table now, ensures a process. Is that consistent
process with any outdoor refreshment alcoholic beverages that may be approved by a special event
permit? Is it just a procedural thing we are discussing?
Devin Howland: Yes. If we look at Intoxicating Beverages of the code, we see an exception that
was put in place by a past City Council for weddings and the Botanical Gardens. This is procedural
to ensure consistency across our code now that we have outdoor refreshment areas in the city. That
revision needs to be there, so it is not in conflict with this section of the code.
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 7-0. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes.
Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
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Council Member Gutierrez moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes.
Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
Ordinance 6469 as Recorded in the office of the City Clerk
Amend §111.07 Outdoor Refreshment Area: An ordinance to amend § 1 11.07 Outdoor
Refreshment Area to create the Centennial Park Outdoor Refreshment area.
City Attorney Kit Williams read the ordinance.
Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He gave
a brief history of the ordinance. He spoke about hosting international visitors. He spoke about the
success of special events with the Outdoor Refreshment Area.
Council Member Gutierrez moved to suspend the rules and go to the second reading. Council
Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes.
Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Council Member Gutierrez moved to suspend the rules and go to the third and final reading.
Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan: Thank you to Devin for his hard work on this.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting
yes. Council Member Jones was absent.
Ordinance 6470 as Recorded in the office of the City Clerk
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Commission To Preserve Historical Black Structures and Cemeteries: A resolution to
establish a Commission To Preserve Historical Black Structures and Cemeteries and to create
black historical markers in Fayetteville.
Mayor Jordan: Council Member Jones is the sponsor of this, but he is not here.
City Attorney Kit Williams: I think he asked Council Member Gutierrez to handle this.
Council Member Gutierrez: As far as the information that was presented here. I am planning to
support this because of the nature of it.
City Attorney Kit Williams: Council Member Jones wanted this to be passed tonight if possible.
He is going to use this before our regular City Council meeting.
City Attorney Kit Williams read the resolution.
City Attorney Kit Williams: This resolution begins to establish this commission in the future. I
will work with Council Member Jones in order to bring to the City Council an ordinance to codify
the establishment of this commission to set forth its goals, aims, membership and terms. We
weren't ready to do that yet, but we are going to work on that quickly. That will be coming to the
City Council within the next month to formally establish this commission. It will be subject to all
the rules of our regular committees. Its members will be selected by the City Council.
Mayor Jordan: If this is established, it would go through the Nominating Committee?
City Attorney Kit Williams: That is correct.
Mayor Jordan: It would be up to the Nominating Committee on who they put on the board?
City Attorney Kit Williams: Correct. After talking to Council Member Jones, there will be one
City Council Member to be appointed by the Mayor for this Commission.
The City Council received one public comment regarding this resolution.
Council Member Turk spoke briefly about a name change for streets. She spoke about the
inclusive and progressive character of Fayetteville.
Council Member Hertzberg: Would you be in favor of adding that to our Ward 4 meeting
agenda?
Council Member Turk: Definitely.
Council Member Bunch: The street that Council Member Turk is talking about only had two
houses on it. Usually we look at input from the neighbors.
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Council Member Turk: From what I understand there are about 70 people in that neighborhood.
Identifying which houses and neighbors is important in getting their viewpoint. You are right, there
are two houses.
Council Member Bunch: I know we have this procedure that we go through. I don't think it has
ever come up that we would not want to rename something that was offensive.
Council Member Scroggin: I have shown a house in that area and it is a theme all the way
through. Hopefully we can change that.
Council Member Gutierrez: There is a discussion coming up in September to hopefully address
and define the original black historic neighborhood in Fayetteville. Constituents in Ward 1 have
been working on this and working directly with Council Member Jones. This is exciting and a
positive thing.
Council Member Scroggin moved to approve the resolution. Council Member Hertzberg
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk,
Hertzberg, Gutierrez, Kinion, Petty, Scroggin and Bunch voting yes. Council Member Jones
was absent.
Resolution 210-21 as recorded in the office of the City Clerk
Appeal RZN-2021-051 (S. Futrall Dr. East of 1-49/Barnes South Parcel): An ordinance to
rezone that property described in rezoning petition RZN 21-051 located East of Futrall Drive
between Martin Luther King, Jr. Boulevard and Wedington Drive for approximately 9.40 acres
from RSF-4, Residential Single Family, 4 units per acre to UT, Urban Thoroughfare.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated staff found the request to be largely inconsistent with the city's adopted plans and generally
incompatible with surrounding land uses. He stated since the appeals were filed, there have been
numerous individuals from the public who have voiced their opposition to the request. He
summarized public emails that revolved around concerns for damage that development would
cause to the adjacent natural areas or the natural areas on these properties, whether that is noise,
incremental canopy loss to the hill or otherwise. He stated staff recommends denial of the request.
He stated the Planning Commission voted 6-1 to deny it.
Tom Terminella, Applicant spoke briefly about his project and what is appropriate on a six lane
interstate. He spoke about compatibility. He spoke about Markham Hill. He spoke about
acceptable zoning options.
Council Member Bunch: This comparison has been made to Markham Hill, but I believe we
were presented with a PZD for Markham Hill. It wasn't just a blanket rezoning. Is that correct?
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Jonathan Curth: It was a two part request. There was a request to amend the PZD and that
included expanding the hospitality uses near the existing Pratt Place Inn. There was also an
approved allowance to have single family homes built along Markham Road and a portion of Sang.
The other piece of it larger in area was the top of Markham Hill, which was a larger acreage area
and about 60% to 70% was rezoned to RI-U. The balance of the property was rezoned to RA with
the intent of placing that into a land trust for preservation.
The City Council received three public comment regarding this ordinance.
Council Member Scroggin: This is absolutely the wrong place for UT. This is the wrong place
for storage. When you drive up from I-49 South, the thing that makes Fayetteville beautiful is you
get to see Old Main and then this stretch. On the West side, you get to see Centennial Park and on
the right side you get to see Markham Hill. The Planning Commission got this right. Maybe if
there was a PZD that would keep the view scape, but a blanket rezone for seven stories is silly.
Comparing this to what was on the top of Markham Hill is mismatched. That was a PZD with long
discussion at many meetings. I think the Planning Commission are getting tired of seeing their
stuff have to come to us. Luckily for the most part we can continue to back what they say. I hope
we back what they say on this one. CS is too much for this, but I've been told Planning Commission
may have actually said that CS was possible here. I don't believe our Planning Department is going
to cut off conversations with applicants. I don't want to pass this. The applicant can go back to the
Planning Department and come up with something else that works a little better.
Council Member Turk moved to suspend the rules and go to the second reading. Council
Member Gutierrez seconded the motion. Upon roll call the motion passed 6-0. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting yes. Council
Member Petty was absent during the vote. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Council Member Turk moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-0.
Council Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting yes.
Council Member Petty was absent during the vote. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan: On this ordinance, if it is a no vote, that is against the appeal. Correct?
City Attorney Kit Williams: Yes. It does not rezone the property.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 0-6. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting no. Council
Member Petty was absent during the vote. Council Member Jones was absent.
This ordinance failed.
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Appeal RZN-2021-052 (S. Futrall Dr. East of 1-49Barnes Central Parcel): An ordinance to
rezone that property described in rezoning petition RZN 21-052 located East of Futrall Drive
between Martin Luther King, Jr. Boulevard and Wedington Drive for approximately 1.37 acres
from RSF-4, Residential Single Family, 4 units per acre to UT, Urban Thoroughfare.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated staff found that the request does not align with Fayetteville's long range plans. He stated
other inconsistencies with adopted plans include the property is not reasonably considered infill at
this location. He stated the property has no access to water. He stated there has been quite a bit of
public comment in opposition of the request. He stated staff is opposed. He stated the Planning
Commission recommended denial with a 5 to 2 vote.
Tom Terminella, Applicant spoke about parks and greenspace. He stated he is looking for
direction from the Planning staff. He stated he doesn't know anybody that has a desire to build a
single family residential property on the interstate, which is not compatible for a six lane interstate.
He spoke about a loss of revenue by lack of development and lack of services in the community.
He stated he would withdraw this item and the next item of the agenda.
Mayor Jordan: The applicant wishes to withdraw this item and the next one.
City Attorney Kit Williams: We don't have any procedure for that. Maybe in front of the
Planning Commission, but here at Council it has been presented as an ordinance. City Council
needs to vote it up or down.
Council Member Scroggin: Can we table indefinitely, and it goes away at the end of the year?
City Attorney Kit Williams: That is an option if you want to keep it in existence until the end of
the year.
Council Member Turk: I would like to vote it up or down tonight.
The City Council received one public comment regarding this ordinance.
Council Member Turk moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed 6-0. Council
Members Turk, Hertzberg, Kinion, Scroggin and Bunch voting yes. Mayor Jordan voted yes.
Council Member Petty and Council Member Gutierrez were absent during the vote. Council
Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Council Member Turk moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-0.
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Council Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting yes.
Council Member Petty was absent during the vote. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 0-6. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting no. Council
Member Petty was absent during the vote. Council Member Jones was absent.
This ordinance failed.
Appeal RZN-2021-053 (S. Futrall Dr. East of 1-49/Barnes North Parcel): An ordinance to
rezone that property described in rezoning petition RZN 21-053 located East of Futrall Drive
between Martin Luther King, Jr. Boulevard and Wedington Drive for approximately 9.77 acres
from RSF-4, Residential Single Family, 4 units per acre to UT, Urban Thoroughfare.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated it has much more slope than the other two previous items proposed and is almost entirely in
the Hillside/Hilltop Overlay District. He stated staff did not find the request to be compatible. He
stated the property does not have water or sewer. He stated there was a significant amount of public
comment in opposition. He stated staff recommends denial. He stated the Planning Commission
unanimously agreed that it would be more appropriate at lower density with attention towards
preservation. He stated staff did offer alternatives, especially on the southern most property, but
the applicant made it clear that what they wanted to build was mini storage. He stated there is a
misconception that because a zoning district is on the books it could potentially be applied to any
property in the city, but it does not mean it's appropriate.
Council Member Scroggin thanked the Planning Department for their work. He stated he knows
that Planning staff will present ideas and are transparent to applicants.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Turk seconded the motion. Upon roll call the motion passed 6-0. Council Members
Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting yes. Council Member Petty
was absent during the vote. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin 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 6-0. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting yes. Council
Member Petty was absent during the vote. Council Member Jones was absent.
City Attorney Kit Williams read the ordinance.
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Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 0-6. Council
Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and Bunch voting no. Council
Member Petty was absent during the vote. Council Member Jones was absent.
This ordinance failed.
Announcements:
Mayor Jordan: We have a reconsideration. is that correct?
City Attorney Kit Williams: Yes. I sent out a memo to the Council this afternoon. At the last
meeting, the ordinance that was passed by the Council was in good order and needs no changes,
but the Exhibits need some minor amendments. Some of these codes had sections that had blanks
in them and were not totally filled out. In my opinion, the codes were unenforceable and at least
enforcement of them in some circumstances would be problematic. Thank you to Mr. Robert
Williams for pointing out these omissions to me and members of the city staff. It would be
appropriate for a Council Member to reconsider the ordinance to amend Chapter 173, Building
Regulations of the Unified Development Code and align the city's building regulations with
building codes adopted by the State of Arkansas to authorize prosecutions of violations of Section
173.08, Unsafe Buildings and Property Nuisances and to adopt the International Property
Maintenance Code. If this is reconsidered, it would not be discussed tonight. It would be handled
at the September 7, 2021 City Council meeting. This will give the opportunity for staff who has
worked hard on this to make sure all the codes are now completely filled out and do not conflict
with City Code. It will give the City Council and public a chance to examine this in the next three
weeks and hopefully pass it again after amending the codes to their final versions.
Council Member Turk moved to reconsider the ordinance and it will be placed on the
September 7, 2021. Council Member Hertzberg seconded the motion. Upon roll call the
motion passed 6-0. Council Members Turk, Hertzberg, Gutierrez, Kinion, Scroggin and
Bunch voting yes. Council Member Petty was absent during the vote. Council Member Jones
was absent.
City Council Agenda Session Presentations:
Agenda Session Presentation - Illinois River Watershed Partnership (IRWP) Blue Cities.
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov