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HomeMy WebLinkAbout2021-12-15 - Minutes -Council Member Sonia Harvey Ward I Position I Council Member D'Andre Jones Ward I Position 2 Council Member Mark Kinion Ward 2 Position 1 Vacant Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting November 16, 2021 City Council Meeting Minutes November 16, 2021 Page 1 of 25 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 November 16, 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 Harvey, D'Andre Jones, Mark Kinion, Sloan Scroggin, Sarah Bunch and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. 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. Council Member Kinion was absent during Roll Call and arrived shortly after the meeting began. Pledge of Allegiance Nlavor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 2 of 25 Agenda Additions: Ozark Kenworth of Springdale: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of three dump trucks and one roll -off truck from Ozark Kenworth of Springdale for the total amount of $780,322.00 plus any applicable taxes and freight charges, and to approve a budget adjustment. Council Member Hertzberg moved to add the item to the agenda. Council Member Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Harvey, Jones, Scroggin and Bunch voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Sara Combs, Fleet Operations Superintendent gave a brief description of the ordinance. She stated all the items have been presented to the Equipment Committee, but when the purchase orders made its way to Purchasing, it was determined we needed to bring it before Council. She stated the ordinance that was passed a couple of months ago, says the purchase of new vehicles and doesn't specify what size of vehicles. Council Member Turk: It sounds like speed is of the essence tonight, so we are able to obtain these vehicles. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Harvey, Jones, Scroggin and Bunch voting yes. Council Member Kinion was absent during the vote. 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 Hertzberg seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Harvey, Jones, Scroggin and Bunch voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Turk, Hertzberg, Harvey, Jones, Scroggin and Bunch voting yes. Council Member Kinion was absent during the vote. Ordinance 6503 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 November 16, 2021 Page 3 of 25 Consent: Approval of the November 2, 2021 City Council Meeting Minutes. APPROVED Community Policing Development Crisis Intervention Team Grant: A resolution authorize acceptance of a Community Policing Development Crisis Intervention Team Grant from the U.S. Department of Justice in the total amount of $250,000.00, to approve the addition of 2.0 full time equivalent non -uniformed positions to the Police Department to hire social workers to identify and work with residents in need of services and 2.0 full time equivalent uniformed positions, and to approve a budget adjustment. Resolution 278-21 as recorded in the office of the City Clerk G & W Diesel Services, Inc. d/b/a EVS: A resolution to approve the purchase of an Air Cascade System from G & W Diesel Services, Inc. d/b/a EVS, in the amount of $34,461.05 plus any applicable taxes, pursuant to a Houston -Galveston Area Council cooperative purchasing contract, for use at Fire Station #1, and to approve a budget adjustment. Resolution 279-21 as recorded in the office of the City Clerk Lion Manufacturing: A resolution to authorize the purchase of bunker gear coats and pants from NAFECO, Inc., pursuant to a Sourcewell Cooperative Purchasing contract, in the amount of $64,968.00 plus applicable taxes and freight charges. Resolution 280-21 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc Change Order No. 1: A resolution to approve Change Order No. 1 to the Professional Engineering Services agreement with McClelland Consulting Engineers, Inc. in the amount of $19,115.00 for materials testing services associated with the new Police Headquarters Facility, and to approve a budget adjustment - 2019 Police Headquarters Bond Project. Resolution 281-21 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc.: A resolution to approve a Professional Engineering Services agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $197,000.00 for design and bidding services for Recycling and Trash Facility improvements, and to approve a budget adjustment. Resolution 282-21 as recorded in the office of the City Clerk Flintco, LLC Change Order No. 6: A resolution to approve Change Order No. 6 to the Construction Manager at Risk Contract with Flintco, LLC for the Police Headquarters project in 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 4 of 25 the amount of $5,431,413.00, and to approve a budget adjustment - 2019 Police Headquarters Bond Project. Resolution 283-21 as recorded in the office of the City Clerk Nabholz Construction Corporation Change Order No. 6: A resolution to approve Change Order No. 6 to the contract with Nabholz Construction Corporation in the amount of $1,255,595.00 for the early site package related to the replacement parking deck project, and to approve a budget adjustment - 2019 Cultural Arts Corridor Bond Project. Resolution 284-21 as recorded in the office of the City Clerk Parking Facilities and Services Revenue Recognition: A resolution to approve a budget adjustment in the amount of $43,900.00 recognizing additional revenue and associated expenses for certain parking facilities and services. Resolution 285-21 as recorded in the office of the City Clerk Johanson Consulting, Inc. d/b/a Johanson Group: A resolution to approve a one (1) year contract with automatic renewals for four (4) additional one (1) year terms with Johanson Consulting, Inc. d/b/a Johanson Group for a classification, compensation and benefits study in the amount of $20,000.00 for the first year, to approve an annual project contingency of $7,500.00 for market reviews and ongoing consulting services each year the contract is in effect, and to approve a one (1) year software license and support agreement with automatic renewals for four (4) additional one (1) year terms with DB Squared, LLC for DBCompensation software in the amount of $3,000.00 per year. Resolution 286-21 as recorded in the office of the City Clerk A Resolution to Approve a Budget Adjustment for Jet Fuel: A resolution to approve a budget adjustment in the amount of $198,000.00 for the purchase of additional jet fuel due to increased jet fuel sales. Resolution 287-21 as recorded in the office of the City Clerk Council Member Hertzberg moved to accept the Consent Agenda as read. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. Unfinished Business: RZN-2021-072 (3220 W. Old Farmington Rd./Stricklin): An ordinance to rezone that property described in rezoning petition RZN 21-072 located at 3220 West Old Farmington Road for approximately 20.40 acres from R-A, Residential Agricultural and RSF-4, Residential Single 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 5 of 25 Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. At the November 2, 2021 City Council meeting this item was left on the First Reading. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: I have no updates or new information on this item. Evan Niehues, Harrison French and Associates stated he was available for questions. Council Member Turk: I'm going back through and looking at the summary findings. This is a suggestion to clarify. On page three of 18, it talks about tree preservation. In that summary, it talks about the RSF-8, 20% requirement and RSF-4 and R-A with a 25% requirement. This piece of property has the Hillside Hilltop Overlay. Isn't that a 25% requirement and should have maybe been included in that summary? Jonathan Curth: Yes, I think it should have been. It is the northern third of the property that is the Hillside. Our Foresters take a weighted average of the overall property in instances like that, but that is a good point to bring up. Council Member Turk: Is it 25% or it's a moving target? Jonathan Curth: It's 25% for the portion of the property that's within the HHOD, which is about that northern third. Council Member Turk: Thank you so much for clarifying. Council Member Harvey: Council Member Jones, have you heard anything on this, since it is our Ward? Council Member Jones: I have not. Council Member Harvey: I haven't either. Council Member Hertzberg: Nobody has reached out to me. Council Member Harvey: It seems like we're not getting any major push back here and is a reasonable four to eight. We need more housing and more density. It doesn't seem like too big of a jump in density. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 6 of 25 Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. 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, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. Ordinance 6504 as Recorded in the office of the City Clerk Amend §118.01 Applicability and §163.18 Short -Term Rentals: An ordinance to amend § 118.01 Applicability of the Fayetteville City Code and § 163.18 Short -Term Rentals of the Unified Development Code to extend the Short -Term Rental start-up period from six months to nine months. At the November 2, 2021 City Council meeting this item was left on the First Reading. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I informed you yesterday and talked to you earlier, I think this could be effective immediately, but since it's an ordinance, I would rather you all amend it to also add an Emergency Clause to make sure there's no question that this ordinance will go into effect immediately. If someone would like to make a motion to amend it to what I have supplied you, I would be appreciative. Council Member Bunch moved to amend the ordinance to add an Emergency Clause. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. City Attorney Kit Williams read Section three, which is the Emergency Clause. Jonathan Curth, Development Services Director: I have nothing new to add since the last Council meeting, other than we have seen about 25 new applications since November 2"d, which is at this point in the process, the most we've seen in a two week period. Hopefully some of the press coverage we got since the last meeting was helpful in that. Council Member Bunch: One of the challenges we had was where a management company would take care of several properties and maybe they get lost in where they were in the process. Of the applications we've had in the past two weeks, do you think that seems to be getting better or do you have any indication on that at all? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 7 of 25 Jonathan Curth: Unfortunately, 1 don't. It's hard to sort through and know exactly who's associated with which one. A lot of these are operating as, Doing Business As. Many of you all have probably seen in places, they like to use cute names sometimes for the locations, which makes it a little bit difficult to associate it with a particularly operating group. Logan Humphrey, Citizen: Can there be some clarity for my understanding on properties that are multifamily, whether or not they are independently owned, as in like a condo. One owner owns one unit versus a townhome that may have one connecting wall versus an apartment community that has multiple units, like 20 and what our code currently states for how Short -Term Rentals can be regulated? Susan Norton, Chief of Staff: Jonathan, did you get those questions from Mr. Humphrey? Jonathan Curth: Correct me if I'm wrong, I heard one question, but there were a few elements wrapped up into it. It seems like the biggest concern, and this is something that staff has seen as well, is with the density caps that have been adopted with the Short -Term Rental ordinance. Most specifically there's a cap on the number of units within a building or a complex that can be licensed as a Short -Term Rental. Currently that is set at 10% or one if the complex has, say eight units. The feedback we've received, is there are a lot of property owners who are members of this horizontal property regimes or condominium associations, where they own the units. They're not apartments, as one may think of them. They would like to be considered differently than an apartment building. To Mr. Humphrey's question about how an ordinance treats that, the way staff has applied it and interpreted it, is the way a Short -Term Rental ordinance applies, it says multifamily housing. There's not a distinction in Fayetteville's ordinances, whether the development code or otherwise that describes a difference between an apartment building or a condominium building or a dormitory. If there are more than four units attached to each other, it's considered multifamily. I'd like to bring forward a presentation to the Council before the end of the year, with issues like this. If the Council does consider them a concern, staff can work on an amendment or language. Council Member Hertzberg 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, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. 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, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Hertzberg moved to pass the Emergency Clause. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. Emergency Clause Approved Ordinance 6505 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 November 16, 2021 Page 8 of 25 New Business: Repeal Ordinances 6465 and 6486: An ordinance to repeal Ordinances 6465 and 6486 to end the mask mandate because new COVID-19 virus infections and hospitalizations have now been reduced, more vaccinations have been administered, and vaccines are now authorized and available for all Americans five years old and older and to declare an emergency. City Attorney Kit Williams read the ordinance. Council Member Hertzberg: This isn't a discussion about the efficacy of masks, rather a discussion on the efficacy of an ordinance that is not subject to any realistic enforcement. I don't believe it is good public policy to maintain ordinances that most people seem to perceive as purely voluntary. I don't believe this ordinance has had any real effect on behavior. The majority of people that I observe outside of the hospital, don't wear masks. People in businesses are making their own determinations on this issue, not necessarily following what we do here on Tuesday evenings at City Hall. Having this ordinance in place with the blatant disregard I've observed, makes the city look a little bit foolish. Repealing this ordinance would not prevent businesses for making their own determination of what is right for them or force them to engage in any condition they view as unsafe. It's a lot more practical for a business to enforce policy on their own premises, rather than an entire city whose population appears to be very torn on the matter. Council Member Scroggin: I have come to the same conclusion about removing it through kind of a different mechanism. Initially the ordinance did have some effect, but there's some correlation between what people wanted to do and what we are asking of them. People really aren't wearing the mask anymore, so having something on the books that isn't getting enforced is problematic. It was the right thing to do, but it's important we listen to the science and react to it about what's happening. I was listening to NPR on this and they said that not removing mask mandates at the proper time could cause people to not believe policymakers and not believe scientist. We may be needing mask again. People are listening to us and watching us and if we stick to stuff that isn't useful longer than it should, they don't believe us when we ask to go back to it. I won't be supporting the Emergency Clause, because I think by the 31 days out, that actually gets us more in line with what the Board of Health says. I had a lot of people email me about this, kind of on both sides. People asked why we aren't doing what the Fayetteville School District is doing with having this kind of like trigger, based on the numbers out the last week or seven day average. For the school district that makes sense because they control what's coming in and out of their school. If there is a rule change for them, they can enact it almost immediately because they can email all their teachers and it quickly gets disseminated. Whereas the city, if we're flopping back and forth based on some metric, it would be difficult for people to follow that. I don't think that system would work for us. Mayor Jordan: The Board of Health has a recommendation. Dr. Marti Sharkey, Public Health Officer stated we will need to think about mask time and time again when needed. She spoke about the hospitalizations and ICU admissions in the regional hospitals. She stated ICU admissions are hovering around 100, which is where the health care system say they are at a straining point. She stated right now, our COVID admissions are also 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 9 of 25 hovering around the 30 admitted hospitalizations, which is also the point where they say they are a little bit strained. She stated on Saturday, there were 20 COVID hospitalizations in the area and today there's 36, so we are seeing an increase. She stated our ICU's remain tight and we still have ongoing emergency department diverts, which there are times in our city where we have a citizen in an ambulance without a hospital to go too. She stated the Board of Health sticks by the less than 30 COVID hospitalizations in the area hospitals, which is there metric as to when it would be appropriate for the mask mandate to be lifted. She stated December 23, 2021 is the date the Board of Health came up with, as long as cases stay below 30. She spoke briefly about the reasoning of staying below 30. Council Member Harvey: Is that Washington County and Benton County? Dr. Marti Sharkey: Yes. It includes Arkansas Children's, Washington Regional, Mercy, VA and the Northwest System. The reason for that is we see people from Fayetteville hospitalized throughout the region. It also affects how our citizens are being cared for. Council Member Bunch: If I remember correctly, we do not get statistics for municipalities anymore, just counties. We try to balance it with hospitalization rates. Is that correct? Dr. Marti Sharkey: For hospitalizations, we just have area data. Since the metric that the Board of Health decided to focus on is hospitalizations. That is what we're going with versus the cases. Cases are not as reliable. Council Member Hertzberg: I had talked to Kit Williams about whether or not the University of Arkansas was under our ordinance and whether or not they would adhere to our policy. Kit had said they are kind of under their own jurisdiction. Is that correct? City Attorney Kit Williams: Yes. The University of Arkansas doesn't have to follow many of our ordinances, such as the noise ordinance and the mask ordinance. They have their own regulations and they handle their own students. Council Member Hertzberg: I want the public to know if we repeal this ordinance, this might not impact the U of A graduation. They set their own standard. Dr. Marti Sharkey: The representative on the Board of Health from the University is requesting that it stay in place through December 23, 2021. Council Member Scroggin: I would be perfectly fine with an amendment to the 23`d. If we can get people lined up over a week, then you know that makes sense to me. Council Member Bunch: Do you want that amended just to the 23`d or do you want it amended to the 23`d, provided cases stay below 30? Council Member Scroggin: I would rather just to the 23`d. With the changing metrics, what happens if it doesn't. I don't want to kick off just a date. I would like to amend this to removing the mandate on the 23rd of December. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayettevilIe-ar.gov City Council Meeting Minutes November 16, 2021 Page 10 of 25 City Attorney Kit Williams: That would be changing Section 3, which is removing the Emergency Clause and putting the effective date of the ordinance for December 23rd. Is that what you want the motion to be? Council Member Scroggin: That sounds great. Council Member Scroggin moved to amend Section 3 to remove the Emergency Clause and putting the effective date of the ordinance for December 23, 2021. The motion died due to a lack of a second. Council Member Harvey: I am open to amending to align with the Board of Health, as long as the hospitalizations are under 30. By the 23rd, I am okay with that, but the numbers I'm seeing are going up. There have been up to 12 cases added to the assisted living home where my mother is. A lot of those assisted living people are not going to the hospital because it's more dangerous for them to be at the hospital and they are not getting counted. I want to be in alignment with the Board of Health if cases are under 30 by the 23rd, then we repeal it. Is that correct? City Attorney Kit Williams: That would make this ordinance effective and would repeal the other two ordinances that initiated the mask mandate. You would like to say its effective date would be December 23rd, as long as there are no more than 30 hospitalizations? Council Member Harvey: That's correct. Council Member Scroggin: What happens if we are at 3 1 ? Does that mean this would never go away until we bring a totally new ordinance? Or is it when the second one happens, the date and 30? Council Member Turk: Council Member Harvey, I would ask for a friendly amendment that the hospitalizations are below 30 and the Board of Health recommends removal of the mask mandate or recommends repeal. City Attorney Kit Williams: I don't want to base the City Council decision on a recommendation of another body. You need to choose your factors you want, but not give your legislative power to another body like that. I can see there are some problems with this proposed amendment, right now. Council Member Turk: I withdraw my suggestion. Council Member Harvey: I am open to ideas. I definitely want it to be enforceable and clear. Kit, any reservations you have, I'm open to recommendations. City Attorney Kit Williams: If you wanted it to take effect after December 23rd and when there are no more than 30 hospitalizations, then I think that would cover the issue Council Member Scroggin brought up. That means once December 23rd hits and then we have a day when there are no more than 30 hospitalizations regionally, then this ordinance would take affect then. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 11 of 25 Council Member Hertzberg: I think we have to set a specific date. This is very unclear. I don't think it should be at a certain number. How are we going to tell people what number this is and how are we going to educate people? This seems very complicated. Council Member Bunch: I understand everyone's concerns and I have the same concerns. It sounds like we are saying you can go get a shot and your kids can get a shot, but we are at a 48% vaccination rate in the State of Arkansas. There's lots of things that could happen, but they aren't happening, and I don't know what approach to take on this. You could wear a mask, but what if a business doesn't enforce you wearing a mask and the city doesn't enforce you wearing a mask? Lots of people don't wear masks. I don't have a problem with wearing a mask or getting vaccinated, but a lot of our citizens don't feel like it's the right thing for them. I don't know how we base what we do in our city, based on what people could do, but we know they're not doing. Wearing masks is a prudent thing to do, but our citizens don't seem to want to do that. Council Member Kinion: I agree that people aren't wearing masks, unless they want too. At what point do we give the responsibility of wearing a mask to the individual, rather than mandating it. I don't know what that point is, but I don't really see that people are paying any attention. I prefer masks, but it's a personal choice at this time. At one time there wasn't a vaccine as an option, and so there was a risk to a lot of people. I come from 23 years of experience with vaccines and I believe vaccines have changed the nature of the health in our world. This isn't 100% and nothing is. Unfortunately, there are reactions to anything you put in your body, so that is a risk that you've got to think about also, but as an adult or as a leader of your family, there's enough evidence out there on both sides of the coin, for you to make your choice. I am a scientist. I believe in the vaccines and have a history of changing health around the world. I encourage everyone to get vaccinated. You need to get your numbers from a reliable source. I'm an advocate for protection and vaccines, but there's not really a lot of impact at this point on the ordinance. At this point, it would be okay to go with the ordinance the way it was originally written. Everyone has the opportunity to be responsible for their own health and their own actions. Council Member Bunch: I agree with Council Member Kinion that it's regrettable because we know mask work and we have people that will not wear them, for whatever reason. I believe in them and I have no problem with it. I just got back from overseas. I was in a country that has an 86% vaccination rate, and everybody wears a mask, unless they are outside. We have to work with the population we have here and what people believe in our state. I don't know about having it to go into effect on the 16th. Maybe we should coincide with the University. Council Member Turk: I find it very disappointing. We have all this information now, and many of our citizens won't take the appropriate precautions and stop the spread of this virus. I feel that science and leadership is really important. I can support delaying the mask mandate until December 23rd. However, if we have a huge spike between now and then, I would want us to reconsider that and maybe adjust the date. We have to be the leaders of this city. We need to set the example and set the tone. Our tone has been from the very beginning, please get vaccinated, have your six-foot of distancing and do everything you can do to stop the spread of this disease. Council Member Kinion: I would agree with that. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 12 of 25 Council Member Bunch: If we did have astronomical numbers between now and the 23`d, what do we do about that if we want to revisit it? City Attorney Kit Williams: You would do exactly what you are doing tonight. You would bring an ordinance forward saying we need to extend the date of the previous ordinances, just like you did once before after the Governor's proclamation ended. You can always bring back another ordinance if some unforeseen thing happens and the City Council believed they had to extend the mask mandate because of medical or scientific reasons with some sort of surge we don't anticipate now. The City Council maintains control. That is what you're doing tonight. You're looking at whether or not you want to end the mask mandates that were initially entered and then extended and now you're looking at ending it with an ordinance and you can do that. In the future, if you wanted too, you could extend that date or even pass a brand new mask mandate. This remains within the City Council's power to pass these ordinances. Council Member Kinion: If we pass the ordinance as it was initially written without the Emergency Clause, it does give us time to be reflective on the impact. City Attorney Kit Williams: If you put it down for December 23`d as was suggested with no other conditions, then you get in the middle of December and you see terrible numbers and the City Council believes they need to continue the mask mandate, then you could bring an ordinance with an Emergency Clause to continue the mask mandate to change this Section 3 and extend the date at that point in time. Nothing you do, short of passing bonds, are really written in stone that you can't come back and reconsider that, just like we're reconsidering the previous mask mandate right now. Council Member Harvey: I'm open to recalling my amendment or is that still on the floor? There was a brief clarification about the proposed amendment. Council Member Harvey: I'm interested in withdrawing it and doing the 23`d. I want to go back to just the ordinance itself and then with your recommendation about coming back if the numbers spike. Council Member Turk: I withdraw my second. Council Member Harvey moved to amend the ordinance to say its effective date would be December 23, 2021 as long as there are no more than 30 hospitalizations. Council Member Turk seconded the motion. Council Member Harvey and Council Member Turk withdrew their motions. Council Member Scroggin spoke about the motion he made earlier in the meeting. Council Member Bunch: Was that the 16th or 23rd. City Attorney Kit Williams: It is December 23, 2021 and to remove the Emergency Clause. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 13 of 25 Mayor Jordan: The Board of Health did vote for the 23rd, but that was if the cases were 30 or less. I'm leaving this to you all and whatever you want to do. Council Member Turk: If those numbers go up, I will be bringing back an amended ordinance. It's very important to follow our Board of Health. They were reestablished to advise us. I don't want to undermine them, and I will be carefully watching. Mayor Jordan: The Board of Health was established by the City Council to give you all advice. Council Member Scroggin moved to amend Section 3 to remove the Emergency Clause and putting the effective date of the ordinance for December 23, 2021. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. Mayor Jordan: We now have an amended ordinance that says the mask mandate, if passed tonight will end on December 23, 2021. Correct? City Attorney Kit Williams: That is correct. The City Council received four public comments regarding this ordinance. Council Member Hertzberg: I would like to caution the Council on taking numbers from a regional hospital to make our laws, because a regional hospital takes people from all over the region, not necessarily just from Fayetteville. I would like for you to take that into consideration. Council Member Scroggin stated the statistics are solid and we know that mask work. He spoke about data from the CDC. He stated the data is that mask work. He stated with people not getting vaccinated and not wearing masks, we have to base our decisions on what they're doing. He stated we are elected officials and they're ready for the mask mandate to go away. He stated we have to make our decisions based on what people are doing. He stated it is about time to remove the mask mandate. He stated he would love to save all the people in the nursing homes from COVID but having this mask mandate isn't going to really change the rates in the nursing homes. He stated our citizens have spoken and they are ready to remove this. He stated if citizens don't believe we will remove these, they're not going to believe us when it's time to bring it back. He stated he would bring it back if the cases go up. Council Member Hertzberg 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, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. 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 Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 14 of 25 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, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. Ordinance 6506 as Recorded in the office of the City Clerk Adopt the 2022 Annual Budget and Work Program: A resolution to adopt the 2022 Annual Budget and Work Program. Paul Becker, Chief Financial Officer gave a brief description of the resolution. The City Council received one public comment regarding this resolution. Council Member Jones: I spoke with Quinn Childress who is President of the Board of Directors of the YRCC. This is concerning a budget adjustment of a request for $45,000 to be allocated to staffing for the YRCC. This funding will go towards the following staffing positions. A Recreation Program Assistant, part time of 24 hours per week at $17,200 per year. This will allow the YRCC to offer teen programming. It will also allow them the opportunity to serve underserved communities and to coordinate events. They are looking at three Recreation Program Assistant positions, which are all part time. One is 22.5 hours per week at $11,880 per year. The other two are part time at 15 hours per week at $7,920 per year, which totals $45,000. This will allow the YRCC to replace the current volunteers, who they are dependent upon in order for them to execute the programs that the board pays for. By doing this, it will create a foundation for the kids that they serve because relying on volunteers, the way they have been doing, has created higher turnover for staff. By granting this, it will allow the YRCC to serve teenagers, it allows them to have 75 more attendees at the minimum and serve an extra 300 attendees per month. Susan Norton, Chief of Staff. I've been working with Quinn Childress to identify how the planning from the Friends of YRCC would result in a request that would have substantial research behind it. I'm a little surprised that it's come out right now, because we don't quite yet have that plan. I want to continue working with Quinn on this project. Paul Becker: We've talked about that and talked about looking at expanding the activities at the Yvonne Richardson Center. If I understand what Susan is saying at this point in time, right now, we don't have the capacity, but is something we're looking at. If Council Member Jones wishes to make an amendment for $45,000 to the budget, then the question is where we would take it from. Our choices are to take it from an existing program or take it from reserves. We have discussed this with Council Member Jones, a bit. At this point, it's something we're looking at and not prepared to do because of capacity. Council Member Jones: I would like a representative of the YRCC Board of Directors to provide more detail and the real need for this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 15 of 25 Quinn Childress, YRCC Board of Directors spoke about the importance of the YRCC. He spoke about the importance of expanding more staffing. He stated as a board, we donated $26,000 that the City Council approved, but they can't drive the van because they don't have enough staffing. He stated we are relying on volunteers for our programs and they may come, and they may not. He stated this has been an issue for 10 years and we need that staffing. He requested for Council to consider the $45,000 because we can start affecting kids and steering people in the right direction. He stated if we continue going on the way that we have with the structure, you're going to a high turnover rate. He stated our Director left and then our Assistant Director left. He stated the board doesn't have the confidence for these programs to be executed with the current volunteers that are executing these programs. Susan Norton: I learned that our YRCC staff just hired a vacancy today. What Quinn is talking about is a reality that we have. We have some staffing turnover, but I think we're getting back on solid ground. We've got a relatively new YRCC Director. We have our new Parks Director who started a week ago. What we'd like to do is make sure we have a solid plan moving forward before we ask for additional staffing and that's what I would like to work with Quinn on. I know he's got goals and visions for the Friends of YRCC. As soon as we have a very solid plan that staff is recommending to the administration, we will be happy to bring that. I don't think it'll be 10 years, Quinn. I think we'll be able to work something out this year. I can't support the request, right now, because I don't know exactly how it would be managed and how it would work. I'd love to continue to work on those details. Mayor Jordan: Council Member Jones has asked for an amendment to the budget for $45.000. Is that correct? Council Member Jones: Yes. Susan and I talked about this. Paul and I had a little conversation about this. Ward 1 is where the YRCC is located. If we are able to create programming to interrupt some of the challenges that a lot of our young are people are facing, then I think we must start with the YRCC. I appreciate Quinn's transparency and persistence. If we're able to invest in our children by investing in YRCC, we must do that, sooner rather than later. If we are going to look at doing that, I would like to see us move on it as quickly as possible. The board can identify a solid plan and details that definitely support $45,000. It was very troubling for me to hear Quinn say this has been going on for the last 10 years. I served on the YRCC Board about eight years ago, and I do remember some of these details. Numerous individuals have been coming to me with the same concern. They are wanting their children to be involved, but we don't have the space, transportation and programs to accommodate our most vulnerable. Council Member Scroggin: I don't believe the actual budget is going to get passed tonight. I feel like this should be discussed outside of here and then brought back. This is like .002% of the budget. There are many organizations and groups that have asked for money and they've gone through the channels. We have one that that is kind of superseding that. I think the need is great. I've met with Quinn, but I'm hoping we can package this up and bring it back in two weeks. Mayor Jordan: You have until the end of December to pass the budget. We do have to pass the budget by the end of December, or we don't function. I wish some of these requests had come out 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 16, 2021 Page 16 of 25 this last weekend. I need to know what you all want to do and what amendments you'd like to make. Council Member Bunch: I didn't expect the budget to pass tonight because there's usually something that comes out that someone wants to discuss. I need a little more time to think about this request and decide if I want to do this. We have lots of organizations that fill a very vital role in our community, and everybody wants money Council Member Hertzberg: I would like to request a couple more minutes for Quinn to respond to Susan Norton. Quinn Childress: Yes, they did just hire a new Assistant Director, but that's not enough. We're still dependent on volunteers. With us depending on volunteers, you're going to see the structure crumble to where you're putting more work on these people. There's a lot of stress and more work than what is expected of them. They're going above and beyond. YRCC got a million dollar bond that just passed, and we need that structure in place prior to the expansion of the YRCC so everyone's ready to roll this out as well. If you actually go into these underserved communities and you're seeing what I'm seeing, then you would understand how important this is. If you understood the story and the impact that the YRCC has, this is what makes it different than the Boys and Girls Club. I'm not saying our organization is better than anyone. I'm saying we are not going to duplicate what other organizations are doing. We are working together in collaboration. This is the haven spot for kids who need a place to go to when their mom kicks them out. I understand things don't get done overnight, but this has been a 10 year request. When are we going to pull this trigger, especially with the YRCC expanding? We need the support from the City of Fayetteville because it's the City of Fayetteville's building. City Attorney Kit Williams: What I heard from the Council is they're probably not going to pass the budget tonight. There are three weeks before the next City Council meeting. I would suggest that you talk with the Chief of Staff and Finance Director or have Council Member Jones to talk with them. Possibly at the next City Council meeting, this issue can be resolved. There is a little bit of time for you to consult. Council Member Scroggin: I would like to know how much we are already putting in. It seems like it's being presented that the city isn't putting any money into this, which I know isn't true. What is staff costs now? What has the city been putting in over the last 10 years? There are a lot of organizations that deal with the challenge community. We just finished a new homeless shelter. Where is $50,000 better placed? Is it better placed here or somewhere else? This isn't in a bubble by itself. We've only got so many dollars and where's the best place to spend it. Susan Norton: I will make sure we work on presenting that information to you all, so you have a history of where the YRCC has been, where it's headed and a timeline for the YRCC expansion project, which definitely will have programmatic implications. We're all gearing up to wanting to have a clear vision with the goals set for that new expansion. With the new Director on board, Alison Jumper mentioned she'll be reaching out to Quinn and working on some of those goals and objectives. We'll have a clearer picture for you in three weeks. At this time, I feel it might take a little bit longer than that to have a management plan in place that can have the impact that Quinn 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 17 of 25 would like to have. I also need to get with the Finance Director because I'm not sure $45,000 for what Council Member Jones mentioned is actually the overall budget. There would probably be some benefits and other types of things that 1 don't know are included in that figure. We have some analysis to do. Mayor Jordan: You all need some more input from the City Council? I thought you had discussions with the City Council. Is that correct? Susan Norton: I'm saying I need input from current management. Paul Becker: In all fairness, Council Member Jones and I had a very brief discussion. We did not get into specifics. That was the first I had heard directly. Normally, my request comes through this department, because they analyze the programs, and whether or not they can make the request. We'll talk about the specifics. We will talk about what increase in a program to that level would be and have a little better handle on it at the next meeting. Council Member Jones: Can someone help me understand the relationship between the City of Fayetteville and the YRCC Board of Directors? I know Quinn mentioned that the Ward had given the city some money. Susan Norton: The Friends of the YRCC is a board that is independent. It's a nonprofit. It's not a city appointed Board or Commission. Over the years, it's my understanding that the city property itself, the YRCC was once originally funded by a certain group. In the last 20 to almost 30 years, the facility itself then was taken over by the city as a facility that should be operated by the city. All the current staffing is funded through the regular parks budgeting process. Right now, the Friends of YRCC has contributed, thankfully, several different opportunities for programming at the center. There are tangible and very welcomed support that comes from the Friends of the YRCC. We appreciate that relationship. It's just a little unique. I suggested to Quinn, that we might work on, in addition to clearly articulating the staffing and what it might can accomplish toward the goals that I believe are very real. We might also work on a Memorandum of Understanding, so we have it clearly articulated. Not between now and three weeks from now, with respect to the budget, but we do have to identify specific roles and the relationship between the Friends of YRCC and the city operations. Council Member Jones: Is it possible that we can look at a timeline because I've heard this from various members of the community. It's not just my conversation with Quinn, but I've heard this over some time now. This is very important to me and I'm hoping it's very important to Fayetteville, as well. I've heard that we help other groups and that's great, but I don't want to look at that, in terms of well we've helped them, so we can help them. The YRCC and those kids and families in South Fayetteville definitely need support. A lot of those families benefit from the food pantry. I am just wanting to make sure we're also able to provide them the same type of space and the same type of service with YRCC. Susan Norton: We will report back as we can develop some context for you all. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 18 of 25 Council Member Hertzberg moved to table the resolution to the December 7, 2021 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Hertzberg, Harvey, Jones, Kinion, Scroggin and Bunch voting yes. This resolution was tabled to the December 7, 2021 City Council meeting. ANX-2021-003 (South of 2936 S. Black Oak Rd./Riverside Village): An ordinance to annex that property described in annexation petition ANX 21-003 submitted by Rausch Coleman Homes, Inc. for property located south of 2936 South Black Oak Road containing approximately 101.77 acres. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated this item and the next one on the agenda are related to the same property. He stated staff and the Planning Commission do recommend approval of the request. He stated this was forwarded to the City Council by the Planning Commission by a vote of 8 to 1. Jesse Fulcher, Applicant for Rausch Coleman spoke about the infill score and the level of metrics in the infill program that is part of the City Plan. He spoke about attainable housing in Fayetteville. He stated we need to bring in other uses to compliment the businesses or residences that already exists there and to make these more of a one stop location within the city as a district of its own. Council Member Turk: Jonathan, you noted there was water that was serving that area. I'm assuming we're taking the annexation and the PZD together because they're sort of bunched together and that's what the applicant is requesting. If the rezoning was approved, would the waterline be required to be upsized? I would also ask the same thing about the sewer line that would have to be extended. Would we have to put a much bigger pipe in there for both water and for the existing sewer system? Jonathan Curth: Our Utility Department has not evaluated the specifics of their requests, in terms of sanitary. I do know the eight inch line when our Engineering Division looked at it, the annexation does have quite a bit of capacity. That eight inch size is typically more than enough to support the volume for a project like this, but also the pressure for things like fire hydrants, which are critical. Council Member Turk: We don't know about sewer yet. Could we find that out by the next meeting? That would be helpful to know because I'm on the Water & Sewer Committee and we have a lot of requests like this that sometimes surprise us. Mr. Fulcher, it would be helpful if you had the price point that was being considered. Jesse Fulcher: I discussed this with the Planning Commission. What's unfortunate right now in the market, is that in 2018 Park Meadows 2, which is not too far from the site at 15th and Momingside, I looked back to see what we were selling houses for before things got really crazy. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 19 of 25 There were people buying houses from us at $164,000 that was a typical three bedroom, two bath home. That's not possible today. Land prices tend to be very expensive, but materials, labor, complications and construction in general are driving prices up. I think our most recent project that opened up, there's nothing below $200,000 anymore. That's unfortunate, but that's the reality of where we are at in our market. My best guess would be from $200,000 to $265,000. The City Council received five public comments regarding this ordinance. Council Member Scroggin: We're close to the end of the year when we do our rules of engagement. People that spoke that have financial interest, spoke as residents. I don't know if it's in our bylaws or the rules we set each year that people who have direct financial interests are the applicant. I'm hoping we add it if it's not there, but people that are going to directly financially benefit from our decision, which we had multiple people speak as citizens, they should not be speaking in that period. Mayor Jordan: The way we've always done is that everybody's got five minutes. City Attorney Kit Williams: They're still members of the public, and so we have not restricted them in the rules. If you want to restrict them, then you can propose some restriction for the Rules of Order and Procedure. I'll draft it up, and you can present it to the City Council and see if that is adopted. Right now, our rules do not prohibit someone from coming forward because they have an interest in the project and speaking as a member of the public. Council Member Turk: This is a really tough decision. I understand both sides. I would like to table this for three weeks. Jonathan, I don't know how much work it would be for you to do more analysis, like you did for Chandler Crossing, which I found to be extremely helpful. We're in another very sensitive area. There's some real good pros and cons on both sides. I'm struggling right now with this. Council Member Bunch: Do you want to do a tour? Council Member Turk: Yes, I always like to do a tour. One of the things I would like to find out is just like with Chandler Crossing, is there a Prairie remnant out there because the southern area appears so. Council Member Kinion: I think we need to hold it. This ordinance was left on the First Reading. RPZD-2021-004: (South of 2936 S. Black Oak Rd./Riverside Village): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 2021-004 for approximately 101.77 acres located south of 2936 South Black Oak Road to allow the development of 2.2 acres for commercial and multi -family residential uses and 97.8 acres for single-family to four -family residential uses and parkland/open space. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 20 of 25 City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: 1 should note for the Council, you cannot pass this until the annexation would be passed. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated this project is directly tied to the other that was just heard. He stated without one, you cannot have the other. Jesse Fulcher, Applicant for Rausch Coleman spoke briefly the project and the site plan. He stated overall, 50% of this site will be preserved in green space. He stated the environmental features are what drove the design of this subdivision. He spoke about obtainable housing. He spoke about infill and sprawl. Council Member Turk: Mr. Fulcher, did I understand or misunderstand you all had already supplied a wetland report or whether it was determined by the Corps of Engineer or the governing body, the status of that? Jesse Fulcher: Yes. We had that done probably two months ago when we walked with the Corp. Our Engineer, myself and Dave from the Corp walked the site. He wanted to look at some potential non jurisdictional wetlands. We walked into the woods and he determined they were not wetlands but were just small depressions. He sent that on to his superiors. They agreed with his findings in the three jurisdictional waterways on the property. The one we designed around in the middle of the site and there's two small tributaries on the north property line that are being protected. Council Member Turk: Could you share that with us? Jesse Fulcher: Sure. Council Member Turk: That would be nice to look at. Did you notice if there were any prairie remnants or are those fields hayed and used for a long period of time? Jesse Fulcher: I didn't notice any, but that doesn't mean they weren't there. It's a big site. You have to go in between lots of tree lines to get to different portions of the site. There could be areas out there I haven't physically stood on. That's something we can look at. The City Council received one public comment regarding this ordinance. This ordinance was left on the First Reading. VAC-2021-026 (NW of E. 5th St & E. Sequoyah Ct./Coody): An ordinance to approve VAC 21-026 for property located northwest of East 5th Street and East Sequoyah Drive to vacate a portion of a general utility easement and street right-of-way. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 21 of 25 Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff does recommend in favor of the right of way being vacated. He stated the Planning Commission agreed unanimously to recommend forwarding it to the City Council for approval. He stated we've not received any public comments. Alan Reid, Applicant's Representative stated he was available for questions. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Kinion 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 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. Ordinance 6507 as Recorded in the office of the City Clerk Amend §166.23 Urban Residential Design Standards: An ordinance to amend § 166.23 Urban Residential Design Standards of the Unified Development Code to promote pedestrian cross access and require unobstructed access from residential buildings to public sidewalks. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff supports the request and thinks it is a positive change to our ordinance. He stated the Planning Commission forwarded it to the Council unanimously. He stated they have received no public comment. Council Member Turk: Are we out of compliance with the ADA because of that fencing and because mulch is not a good material for wheelchairs? Jonathan Curth: Not in that particular projects instance. They were able to do the mulch because they provided that alternate ADA route between each building, which directs the users to a parking lot in the parking lot access point. It does meet the accessibility requirements, but certainly more the letter of the law than the intent of what we're striving for. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 22 of 25 Mayor Jordan: They were using mulch, instead of gravel? Jonathan Curth: Yes. There's nothing in code that specifies what you have to have that connection built out of. We have been fortunate up to this point that most projects, that's been there ADA access point, and so they have to use something that can accommodate a wheelchair or somebody with mobility limitations, which is usually concrete. In this instance they provided an alternative in this location. They recognized that the code did not require concrete or gravel, so they opted for mulch. Council Member Hertzberg: Thank you to staff for bringing this to our attention and for offering a really good solution. This is a major issue that I wasn't even aware of. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. 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 Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. Ordinance 6508 as Recorded in the office of the City Clerk Amend §111.07 Outdoor Refreshment Area: An ordinance to amend § 111.07 Outdoor Refreshment Area to allow temporary outdoor refreshment areas through the special events permit process. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He stated staff is requesting for this ordinance to go into effect immediately. The City Council received one public comment regarding this ordinance. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 23 of 25 Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. 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 Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk: I appreciate Devin giving us a detailed report and identifying the areas of town and the appropriate restrictions or processes to allow this to happen. I'm very comfortable with this moving forward, and especially in hog town, but also in future areas. I want to thank him for his diligence and thoroughness in putting this together. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. Council Member Kinion moved to pass the Emergency Clause. Council Member Bunch seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. Emergency Clause Approved Ordinance 6509 as Recorded in the office of the Citi, Clerk Natural Environment, Ecosystems, and Climate Resilience Chapter in an Existing or Future City Plan: A resolution to request that Mayor Jordan direct the city staff or contract for services to draft a natural environment, ecosystems, and climate resilience chapter in an existing or future city plan that will inform future policies, programs and actions that impact environmental and ecosystem issues, to assess and expand the footprint of lands of high ecological value, to provide funding if needed to draft the plan, and to create a permanent capital improvement project budget for the purchase of lands with high environmental or ecological value. Council Member Turk gave a brief description of the resolution. She thanked the previous work that's been done by the city, Fayetteville Natural Heritage, Northwest Arkansas Land Trust and others that have worked to preserve and conserve land in our city. She stated this item creates a master plan for green spaces, it looks at the Enduring Green Network and other parks. She stated we would develop a master plan that establishes baselines, metrics, goals and be able to track our progress in conserving and preserving areas of the city. She stated it would track our tree preservation. She spoke about citing the Kirkland Washington Master Sustainability Plan because 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 24 of 25 it's a great template and model. She spoke about creating a CIP Fund where the city would deposit $100,000 each year as a minimum, to acquire conservation easements or land purchases or use those funding's to further develop the master plan goals. She spoke about the need to plan for climate resiliency. Council Member Jones: I had the opportunity to co-sponsor with Council Member Turk. I want to make an amendment that the City of Fayetteville includes an analysis of environmental justice considerations. For example, low income or minority populations who are vulnerable to climate change when reviewing, prioritizing and implementing land conservation measures. Council Member Turk: I would consider that a friendly amendment. It's an oversight on my part that I did not include the environmental justice component in my resolution. Council Member Jones moved to amend the resolution to add that the City of Fayetteville include an analysis of environmental justice considerations. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. City Attorney Kit Williams: I'd ask Council Member Jones to email me his exact words tomorrow, so I can put it into a new Section 4 in the resolution. Council Member Jones Absolutely. The City Council received one public comment regarding this resolution. Council Member Scroggin: I plan on supporting this, but I do want to have a warning. I'm concerned this may be used to fight some of our 2040 Goals providing housing. Based on some of the emails in support of this, it seemed like people were thinking this was going to allow us to buy land and make sure houses don't get built by houses that are already there. That's concerning to me. If we're going to fight climate change, we need density. We don't need sprawl. If we use this to fight any new housing wherever it is and make it more complicated for developers and people, it will do the opposite of helping the climate. I'm hoping it stays in line with some of the 2040 Goals and not more issues the developers have to go through, or ammunition people have to stop development happening from around them. Council Member Turk: The intent of this is to prioritize and target high pathological value areas around streams. It's not intended to prohibit rezoning that's already been approved. I want to make that clear since I drafted it. Some people may have had a misunderstanding, but that certainly was not my intent. Council Member Scroggin moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 6-0. Council Members Turk, Hertzberg, Jones, Kinion, Scroggin and Bunch voting yes. Council Member Harvey was absent during the vote. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 16, 2021 Page 25 of 25 Resolution 288-21 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: Parking Deck/Bond Projects Update. The Fayetteville Police Department's award acceptance of the FY-2021 Community Policing Development (CPD) Crisis Intervention Team Grant. Citv Council Tour: � K Rig ••\TY•'.Fy �:•'•.G O�':sG: FAYE rEVILLE .;a_ Kara Paxton, City Cte-ek Treasurer //ON111 C````. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov