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HomeMy WebLinkAbout2022-04-05 - Minutes -Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward l Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike W iederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting April 5, 2022 City Council Meeting Minutes April 5, 2022 Page 1 of 50 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position l Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 5, 2022 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. The Rules of Order and Procedure of the Fayetteville City Council authorizes City Council Members to attend, speak and vote during City Council meetings by electronic means without being physically present. Council Members 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 Members Sonia Harvey, Mike Wiederkehr, 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 Scroggin arrived after Roll Call at 5:35 PM. Pledge of Allegiance Mayor's Announcements, Proclamations and Recostnitions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 2 of 50 City Council MeetinE Presentations Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a brief description of the Monthly Financial Report. He stated sales tax in the General Fund is up 14% compared to last year, which is doing very well. He stated all in all, the General Fund at this point in time is up 7.8% compared to what he had anticipated for the budget. He spoke about inflation. He stated so far revenue is strong and demand is still there. Agenda Additions: AdvertisinLY and Promotion Commission, Tourism Industry - Elvis Moya Council Member Bunch presented the Nominating Committee Report and recommended the appointment as submitted. Council Member Bunch moved to approve the Nominating Committee Report as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Consent: Approval of the March 15, 2022 City Council Meeting Minutes. APPROVED Dawson Aero, LLC and Shannon Homes, LLC: A resolution to approve a forty (40) year ground lease agreement with Dawson Aero, LLC and Shannon Homes, LLC for airport property located at 4384 South School Avenue for the construction of a 120' x 100' hangar, with an option to extend the ground lease for an additional five (5) year term. Resolution 75-22 as recorded in the office of the City Clerk Kilo Alpha Investments, LLC: A resolution to approve a forty (40) year ground lease agreement with Kilo Alpha Investments, LLC for airport property located at 4392 South School Avenue for the construction of a 120' x 100' hangar, with an option to extend the ground lease for an additional five (5) year term. Resolution 76-22 as recorded in the office of the City Clerk Parks, Natural Resources, and Cultural Affairs Department Donation Revenue: A resolution to approve a budget adjustment in the total amount of $33,122.00 recognizing donation revenue from citizens and local businesses to the Parks, Natural Resources, and Cultural Affairs Department. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 3 of 50 Resolution 77-22 as recorded in the office of the City Clerk RFQ 21-01 Selection 20, Cromwell Architects Engineers, Inc.: A resolution to authorize Mayor Jordan to sign an Agreement for Professional Architectural Services with Cromwell Architects Engineers, Inc., pursuant to RFQ 2 1 -01 Selection 20, to provide design services related to the Fleet Shop Expansion in an amount not to exceed $52,750.00, and to approve a project contingency in the amount of $15,000.00. Resolution 78-22 as recorded in the office of the City Clerk Aero Specialties: A resolution to approve the purchase of a belt loader from Aero Specialties in the amount of $51,350.00 plus applicable taxes and delivery charges, pursuant to a federal General Services Administration cooperative purchasing contract, and to approve a budget adjustment. Resolution 79-22 as recorded in the office of the City Clerk J&R Equipment: A resolution to authorize the purchase of a Multihog Sweeper with attachments from J&R Equipment in the amount of $185,381.26, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. Resolution 80-22 as recorded in the office of the City Clerk Clark Equipment Co. d/b/a Bobcat Company: A resolution to approve the purchase of a Bobcat Track Loader from Clark Equipment Co. d/b/a Bobcat Company through Williams Tractor, Inc. in the amount of $37,499.06, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing Contract. Resolution 81-22 as recorded in the office of the City Clerk Dawson Aero, LLC and Shannon Homes, LLC: A resolution to approve a forty (40) year ground lease agreement with Dawson Aero, LLC and Shannon Homes, LLC for airport property located on the east side of Drake Field off of Taxiway G for the construction of a 120' x 100' hangar, with an option to extend the ground lease for an additional five (5) year term. Resolution 82-22 as recorded in the office of the City Clerk Council Member Harvey moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan: The City of Fayetteville would like to thank The Friends of the Yvonne Richardson Community Center for their contribution of $27,039 to support the 2022 programs that serve the center's mission of shaping today's youth for tomorrow's challenges by providing recreational, educational and social opportunities. Additionally, we would like to thank The Friends of the YRCC for their time and volunteerism in support of the center and the families who participate in the programs. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 4 of 50 Unfinished Business: RZN-2022-002 (West of N. Plainview Ave. & E. Longview St./City Center North, LLC.): An ordinance to rezone that property described in rezoning petition RZN 22-002 located west of North Plainview Avenue and East Longview Street for approximately 5.85 acres from RSF-4, Residential Single Family, 4 units per acre and RI-12, Residential Intermediate, 12 units per acre to UT, Urban Thoroughfare. At the March l5th, 2022 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 unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated staff is recommending in favor of the item. He stated the Planning Commission forwarded it recommending approval unanimously. He stated he has received no new public comment. Robert Rhoads, Law Firm of Hall Estill, Representing the Applicant. He stated he reached out to the one and only neighbor that sent an email to the city staff in regard to this project several weeks ago and he has not received a response. He spoke about the concerns of the hotel and the closeness of it to the neighbors. He stated this item is part of the rezoning request project that dovetails with the one that Council approved at the last meeting. He spoke about connectivity, compatibility, proximity to regional infrastructure connections and transit. He spoke about the infill and density. City Attorney Kit Williams reminded Mr. Rhoads to not talk about the project during a rezoning, unless it's a Planned Zoning District, or something like that. He stated Mr. Rhoads could talk about the uses that are allowed on the site but shouldn't be talking about the project itself. Council Member Turk: Mr. Rhoads, a couple of weeks ago you reached out to the neighbor. Have you reached out again to the neighbor that is the closest vicinity to this proposed rezoning? Robert Rhoads: No, I have not. It wasn't actually the neighbor that sent the email, it was the neighbor's daughter. I sent an email to her and did not receive a response. Council Member Harvey: Just to clarify, there's the two pieces and now it's coming in as one thing. Right? Because they're not contiguous. Jonathan Curth: It is a little bit confusing because this was brought in two separate requests. The first one included the western portion of the existing Lewis Ford property and then a piece that straddled Plainview west of that. This piece includes a portion that straddles some undeveloped right of way. Altogether, it will be three discontinuous pieces of property. What's before the Council tonight is the portions that abut the undeveloped Kenray right of way. Council Member Hertzberg 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 unanimously. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar_gov City Council Meeting Minutes April 5, 2022 Page 5 of 50 City Attorney Kit Williams read the ordinance. Council Member Turk: I drove back in there a couple of weeks ago and tried to envision a seven story tall building because under UT that's the maximum allowed. Because it's not a PZD, we're not allowed to ask specifically the height that Mr. Rhoads has included in the packet for the hotel and some of the other designs. I think that is too dense. I would be much more comfortable with Community Services. A seven story building back there in a neighborhood will be affected by this. I think it's too intense for that location and especially since it's not directly fronting College Avenue or the other main artery that's further north. Mayor Jordan: Is that in Ward 3? Jonathan Curth: That is correct. Mayor Jordan: Has Ward 3 heard anything from anybody about this development? Council Member Bunch: I haven't really heard anything from anybody on this. I think I've heard from one person. Mayor Jordan: Jonathan, have we heard from anybody? Jonathan Curth: Not since the initial comment. Council Member Scroggin: Unless it is sitting in my emails, I haven't heard anything. Council Member Kinion: I was approached by an individual and we exchanged some text because she had questions and concerns, but in the end, she hardly supported the project because she was looking at the project as a whole. That's the only thing I've heard. Council Member Harvey: Mr. Rhoads, you reached out to Marilyn Miller. She's the email we received that said her mom lives there and has lived there for 60 years in that house. She's concerned that it's too much development. I am leaning toward Council Member Turk's comments, but I appreciate that you reached out to her to see if she was able to connect with you. I doubt that we would hear from her because it says that she's currently 70 years old. Council Member Kinion: I'm always concerned about the nature of an established neighborhood and I was hoping to get more from the neighborhood. I'm not familiar with the neighborhood like I am the neighborhoods in my Ward, where we've had a lot of more organized neighborhoods, as far as rallying around a rezoning or some change that would impact their neighborhood. I understand Council Member Turk's perspective, because it is an established neighborhood, be it squeezed already by development or potential development. I wish the neighborhood somehow could have been proactive in expressing their concern. Council Member Bunch: It is helpful sometimes if we do hear from more people in an area but that just has not been the case with this particular request. I heard from that one person and that's pretty much it. I'd love to hear from more people, but it's time to move on with this issue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 6 of 50 Jonathan Curth: There are six residential addresses in that area. Two of them are owned by Lewis Brothers Leasing. A third one is owned by the applicant. A fourth one was demolished about 10 years ago, leaving two houses, one of which was represented by that email. I believe there's two actively residential addresses in this area, which is why the Council may not have heard from many. Council Member Kinion: That is helpful. Council Member Harvey: That's helpful, thanks. The people that are the neighbors would have received the letters for the notification or just the general neighbors? Jonathan Curth: There are six buildings in the area that look like a residential property and of those, three are owned by either Lewis Brothers or the applicant. One was demolished and leaving two that may be occupied by permanent residences. Council Member Kinion: Council Member Turk, is there a historical nature of any of the buildings that might impact the heritage of the community we should be concerned about? Council Member Turk: I drove by and I could not see any kind of historical Victorian or house of that nature. They look to me like they were 960's ranch style houses. I envisioned a seven story building back in there and it's too tall, large and bulky. Because it's not a PZD, we can't find out any more details than what is already in our packet. Those buildings don't front directly onto College Avenue. They are at least one block, if not two blocks back from the main artery. It's not that I don't think commercial buildings should be built back there because there are many of those further to the north and east, but the size and height is my concern. That neighbor is going to be surrounded, at least on two sides. Mr. Curth pointed out that there's probably only two permanent residence there, but we want to be considerate of the other renters or tenants and our housing shortage in town. These folks will be impacted, and it will change the character of the neighborhood. Council Member Bunch: What is the street that's going to be connecting to Fiesta Square and Rolling Hills? Jonathan Curth: Plainview Avenue is planned to continue its connection south to Fiesta Square. Council Member Bunch: Will that go on through to Millsap? Jonathan Curth: To the north it already connects to Millsap. Council Member Bunch: On Exhibit A it has all the different zonings around here and I see P-1. Is that the Fire Station? Jonathan Curth: That is correct. That is Fire Station number four. Council Member Bunch spoke about all the different zonings in the area. She requested to know what the guidelines are for Residential Office for the types of buildings that could be built there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 7 of 50 Jonathan Curth: The uses are primarily office, although you can build a single, two, three or four home. Residential Office allows a five story building height. Council Member Bunch: What is in that R-O right now? Jonathan Curth: It's a mix of uses. There's nothing contiguous to this property, but it gets more into the medical and medical related uses. I believe there's a cancer support home that was recently opened there. I believe there's an assisted living facility. The other buildings are offices and I'm not confident on what their tenants are. Council Member Bunch: There's not any five story buildings I can think of, but there might be a couple that would be maybe one story, two story or three story max. There could be five story buildings on this current zoning, as it is right now? Jonathan Curth: That's correct. Council Member Bunch: I know it sounds kind of funny to possibly allow a seven story building and if we rezone something, it would be great if we had a PZD, but that's not what we're asked to look at right now. Looking at the other types of zoning around here and considering that the street is going to be connecting, if a seven story hotel is built, at some point this is going to be much more of a commercial mixed use area and the R-O to the west is up to five stories. If we rezone it, I see it fitting in with the R-O a little bit more than maybe Council Member Turk does. Council Member Scroggin: Right now, the character of the neighborhood is mostly parking lot because of Lewis Automotive. Am I correct that Rolling Hills is probably going to connect through here and possibly Longview? Jonathan Curth: That is correct. The connection of Longview east/west is on our Master Street Plan. Any development of this property may have to make that extension and the more immediate connection is that of Plainview Avenue, south to Rolling Hills through Fiesta Square. Council Member Scroggin: With those connections and finishing out a grid, a lot more density makes sense, especially considering there's limited houses around there. This makes sense to me and I'll be voting for it. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Jones, Kinion, Wiederkehr, Scroggin, Bunch and Hertzberg voting yes. Council Members Harvey and Turk voting no. Ordinance 6544 as Recorded in the office of the City Clerk RZN-2022-003 (2235 W. Wedington Dr./Pagliani): An ordinance to rezone that property described in rezoning petition RZN 22-003 located at 2235 West Wedington Drive for approximately 0.43 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 8 of 50 Residential Intermediate, 12 units per acre. At the March 1 Sth, 2022 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 Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: After the last Council meeting, staff did meet with the applicant. It is my understanding that they are now bringing forward an amended request to the Council. If the applicant would like to amend it, and the Council is amenable, the first action will be for the Council to make a motion to amend in line with what the applicant is proposing. We have still not received any public comments. Council Member Hertzberg: I have had one piece of public comment that was sent to me. Council Member Turk: I have had two. Pablo Pagliani, Applicant stated he would like Council to amend from RI-12 to RI-U. He stated this would allow for his initial intent to be able to build two duplex structures. He stated after meeting with the Planning Department, staff was able to offer their support of this change. He stated he is offering a Bill of Assurance that would limit the density to a maximum of two duplex structures. City Attorney Kit Williams: Would you please present that to the City Clerk and describe it a little bit for the Council. Kara Paxton, City Clerk Treasurer: Since we're a hybrid and this needs to be shared with the City Council Members, does this need to go to IT, per the resolution? Susan Norton, Chief of Staff: I saw it an email and I think it's fine. It is already out there. Mayor Jordan: The applicant is asking to amend to change to an RI-U. Is that correct? Jonathan Curth: That is correct Mayor Jordan: What does Council want to do? Council Member Turk: We need to have some discussion. I suggest we hold it right here and have a tour. It would be important to see the location, the amount of depth in the backyard and some of the other possible constraints of this property. I don't know if we need to amend this first, but a tour would be important for this piece of property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 9 of 50 City Attorney Kit Williams: It would need to be amended before you go to the third and final reading. If you want to leave it at the second reading, then you would not have to act on their request tonight. Mayor Jordan: That's a good idea. You can wait two weeks and it would give you time to read everything, if you want too. Council Member Turk: I would like to read the Bill of Assurance and think about this a little bit more. I did have two residents close by contact me. Mayor Jordan: We can leave it right here, and then in two weeks we will pick it up. Council Member Kinion: It sounds ideal. This ordinance was left on the Second Reading. RZN-2022-005 (3066 E. Joyce Blvd./Go Properties, LLC.): An ordinance to rezone that property described in rezoning petition RZN 22-005 located at 3066 East Joyce Boulevard for approximately 8.87 acres from R-A, Residential Agricultural to CS, Community Services; NS-G, Neighborhood Services -General; and RI-12, Residential Intermediate, 12 units per acre. At the March 15, 2022 City Council meeting this item was left on the Second Reading. 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 unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: I have no new information or updates on this item. Staff is recommending in favor of it and the Planning Commission forwarded it in support of it. We have received no public comments since the last meeting. Blake Jorgensen, Applicant stated he was available for questions. Mayor Jordan: This is in Ward 3. Have the Council Members from Ward 3 heard from anyone on this? Council Member Bunch: I haven't heard from anybody about this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6545 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 April 5, 2022 Page 10 of 50 RZN-2021-093 (1101 N. Woolsey Ave./WRMC): An ordinance to rezone that property described in rezoning petition RZN 21-093 located at 1101 North Woolsey Avenue for approximately 0.75 acres from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services - General. At the March 15, 2022 City Council meeting this item was left on the First Reading. Council Member Jones moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: I have no new updates or changes on the request, but I will reiterate what I shared at Agenda Session. The applicant followed up on the last City Council meeting with some background on her efforts and intent to preserve the building. I did want to confirm that the Building Safety Division has received a request for a permit, it's been issued, and restoration work is underway on the property. Staff is supportive of the request and the Planning Commission did support it, recommending with a vote of 8 to 1. The public comments we've received are limited to inquiries. The applicant did share that she had reached out to neighbors. Hunter Adkisson, Applicant stated he was standing in for Alli Quinlan. He gave a brief description of the rezoning and project. Council Member Turk: The tax credits you're applying for with the Arkansas Historic Preservation Program and if you're approved to be on the National Register for Historic Places, what is the duration you are required to maintain the property? Hunter Adkisson: I cannot speak to that directly. I will have to ask for more clarification from Ms. Quinlan, but I believe that's for the duration of the structure and some sort of natural disaster. I'm not 100% on that, so I don't want to overstep my knowledge. Council Member Turk: I think it's only 10 years but I'm not sure about that either. I want to make sure that it's not in perpetuity and I'm sure of that. Maybe we can get some additional clarification on that item. Council Member Hertzberg: I'd like to hold it here and hear the answer to Council Member Turk's question before I vote. Mayor Jordan: What does Council Members from Ward 2 think? Council Member Harvey: When Council Member Wiederkehr was on Planning Commission, he expressed an opposition. Could he go into that a little bit? Council Member Wiederkehr: I had heard from three residents, but the only concern was regarding enabling the front yard to be used for or become parking and sidewalk cafes to be added. As far as an office use or any of the uses that existed previously, it was extremely strong support for those. Not knowing the future of the structure, I was simply trying to represent their concerns. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page I I of 50 Council Member Kinion: I received comments and had conversations with people in the neighborhood. I don't live far from there and everyone was in support of the project. It's the same thing they're worried about, which is more of the design than the zoning. We don't have design standards, specifically but from the last meeting when Ms. Quinlan discussed this, I think everyone was pretty pleased with the discussion and felt like it should move forward. They just wish they had better protections of the design, so that it would meet the neighborhood standards, but there was not a lot of specific ideas. They were concerned about the parking and the front area close to Woolsey. On the other hand, I got people that were pretty happy with the information that Ms. Quinlan presented. I expressed some concerns last time because it's zoning and there's not a guarantee. After all the information I've received, this is one of those where I am going to have to look at the risk we are taking because there is preparation and a good plan in place. It's going to be a risk I've got to think about as we move forward. I would like to hold it here. Council Member Turk: Ms. Quinlan and her group are doing a good job of trying to preserve the house, especially going through a huge amount of work with the Arkansas Historic Preservation Program and the National Register. If it does go through, and we do rezone it, the permitted uses are two family dwellings, three and four family dwellings. Is there anything that would prevent Ms. Quinlan from selling that place and a new development coming in and adding three or four more buildings or dwellings if it's rezoned? Jonathan Curth: It's a difficult development question to answer without seeing a specific proposal. There are development standards that I think would greatly restrict development on the property. Regarding parking lots in front of buildings, Neighborhood Services General zoning district does have the zoning of a build -to zone where buildings are supposed to be close to the street. What comes with that is, you cannot place a parking lot between the building and the street, because that's where we want the building. There are protections built into not having a parking lot there. As far as development of the rest of the property, the zoning district does not require maintaining the existing building. I can't assure if it was rezoned that the existing building would stay in place. I think what you have is the assurance the applicant has offered through their past projects and the work they are doing today. Council Member Turk: If the structure stayed the same, could additional buildings be built on that same piece of property? Jonathan Curth: Potentially. If it were residential it could be difficult. They'd have to meet several development standards regarding stormwater. Perhaps providing additional parking. So, the answer is yes, but it could be difficult, as it is a fairly small piece of property to meet our other development standards. Council Member Kinion: That helps me understand better the risk associated with the rezoning. It's not only the Woolsey side that was concerned, but also the North Street side. I don't know how North Street is going to impact that property, as far as further development of parking or another structure. Jonathan Curth: For this area, there is very large county properties in between the property being proposed to rezoning and North Street. There's two, one acre square pieces of county land in 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 12 of 50 between. At some point the city's Master Street Plan does suggest that North Street might be widened to accommodate turn lanes or on -street parking. There's not anything currently in design. Council Member Wiederkehr: Let us presume eight tenants rent the building after it's converted to office. If there's not the ability, if the structure and the property is not grandfathered because it exists, where would those entities be allowed to park on the property? Jonathan Curth: They could use the existing driveway, potentially, if it were modified in some way. There could be opportunities elsewhere on the edges of the property on the periphery. There are opportunities for on -street parking on Woolsey. I believe both sides of the street currently allow it, and there's not much use of it, that I'm aware of. Council Member Kinion: The parking on the street would be a good traffic calming measure around the area since there is the clinic and the VA right down the way. I didn't think about that. Thanks for the insight. This ordinance was left on the Second Reading. RZN-2022-001 (SW of S. Razorback Rd. & W. Cato Springs Rd./Selph): An ordinance to rezone that property described in rezoning petition RZN 22-001 located southwest of South Razorback Road and West Cato Springs Road for approximately 5.99 acres from NS-L, Neighborhood Services Limited to CS, Community Services and R-A, Residential Agricultural. At the March 15, 2022 City Council meeting this item was left on the First Reading. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff is recommending in favor and the Planning Commission forwarded it unanimously. He stated staff received one public comment. Connor Threet, Craft & Tull spoke about mitigating the slope and preserving as much tree canopy as possible. Council Member Harvey: I was able to go on the tour. It was very wet and pretty steep. It is quite a big entrance there. I-49 is coming right there, so I was thinking of that as an entry way to the city. There's a really steep kind of a V ditch there as well. I'm curious what could be done with that. I am glad the owner of the property was there, and we asked a lot of questions about his history. The owner had previously lived contiguous to the property and had a lot of issues with the soil and his house. The house was much older and there were a lot of issues. He doesn't live there anymore, but the hydric soils and the clay soils, he did experience that with an older structure. A lot of work would need to be done with the new structure to make sure it doesn't fall off the hill. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 13 of 50 Council Member Turk: Thank you to Jonathan, the applicant and other city staff. It was extremely helpful. I have some concerns about the slope because the slope was pretty steep in a lot of areas. There was water seepage flowing out of the sides. Not a not a stream like we saw on the Barnes property, but there's some water issues with that soil type. The 15 degree slope is usually a cut off area for where you'll have erosion and some water concerns. It looks like we're on that edge. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed unanimously. This ordinance failed. Public Hearin : Raze and Removal of Structures at 2141 N. Green Acres Rd.: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Rose Mary Austin located at 2141 North Green Acres Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $33,894.00. Mayor Jordan opened the Public Hearing. Billy Bryant, Senior Code Compliance Officer gave a brief description of the resolution. He spoke about the raze and removal process. He displayed photos of the property. He stated staff recommends the raze and removal of 2141 North Green Acres Road, as being an unsafe and dilapidated structure and recommended a budget adjustment of $33,894 for demolition of the structure. He spoke about the background of the property and what state the property is in. He stated he worked with the property owner for seven months. He stated in that seven months, there were no permits for work applied for, and no permits have been applied for, to this day. He stated he put Ms. Austin in contact with the city's Community Resources Division, in hopes that she would be able to receive assistance through the Community Development Block Grant program, but she was denied assistance, due to the amount of repairs exceeding a $30,000 threshold and the lack of room inside the structure to make the necessary repairs. He spoke about trying to educate her on how to reach out to other resources to help her. He stated the structure did not have electricity, no work was being done to repair the structure, the water was turned off and it is uninhabitable. He stated due to all these conditions he had to send Ms. Austin the notice of violation for the raze and removal of the structure. Rose Mary Austin, Property Owner spoke about a breaker box fire in the structure. She spoke about her personal financial struggles. She stated her house was up for sale. She stated she has no 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 14 of 50 place to go and no money to do anything with, until her property is sold. She spoke about trying to find a place to move too and that she has large dogs. Mayor Jordan: Susan, was Yolanda Fields made aware of the situation? Susan Norton, Chief of Staff. Yes. Yolanda is present to speak. Yolanda Fields, Community Resources Director: Yes. We reached out to Ms. Austin and offered assistance. We gave her contact information. We are willing to work with her with our Case Managers and see what we can come up with, as far as a solution for her while her property is being sold. If she would like to communicate with us, we would be happy to try and find a solution. Council Member Kinion: Yolanda, you said you would like to help find a solution? Yolanda Fields: Yes. Council Member Kinion: Since it is listed with a realtor, could you give us a creative idea that would be a solution in this situation? Yolanda Fields: At this point, since the property isn't sold, we could try to find some rental assistance for her to have a place to go. The challenging thing will be the pets. We have three Case Managers and we will be working to find solutions to figure out how we can help Ms. Austin as she's waiting for her property to be sold. Council Member Kinion: I know you're compassionate with pets and I'm glad you are able to work with this. Yolanda Fields: Absolutely. Council Member Kinion: As far as a solution, I want us to be compassionate. I want to give appropriate time and assistance. I know it is going to take communication from both sides. I know the city has worked on this very hard. There are more people in the community that are aware of it since the hearing was scheduled. I have been contacted by realtors that would like somehow to see a solution. Yolanda Fields: That would be great. Maybe we could coordinate finding a temporary rental that would accept pets and then we could try to figure out some rental assistance possibilities for her. As soon as her property sells, she could then select a location she's more comfortable with. We want to help and work with her. When we reached out before, she may have not been ready for the process at that point. We will reach out again tomorrow and see if we can set up a time to visit with her. Council Member Kinion: Thank you. I appreciate that. Council Member Scroggin stated we are definitely dealing with several issues at the same time. He stated it is going to take $150,0000 to $200,000 to get the house back where somebody could 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes April 5, 2022 Page 15 of 50 live there. He stated the lot may be worth more once the house is removed because potential buyers don't like risk and not knowing what's in that house is a risk. He spoke about not having enough houses or rentals in the city. He stated we keep voting against things and then we're surprised when somebody can't find a place to live because they have a pet. He stated landlords don't have to take people with pets because there are no vacancies and they will continue to say no to people with pets. He stated City Council is making things harder by denying housing across the city. He stated he hopes the city can help Ms. Austin find a rental and that has nothing to do with the house because the house needs to go. He spoke about tabling the item. Council Member Bunch spoke about tabling the item. She stated people think the city wakes up one morning and decides to raze someone's house, and that is not the case. She stated this has been a long, ongoing affair that has revealed a lot of problems with the structure and can't just be repaired because it would take a lot of money. Council Member Hertzberg: Would the city have a lien on the property for the cost of demolition? City Attorney Kit Williams: We have had signs out and we've been working with Ms. Austin for a long time. That's doesn't mean that we don't give more time. The City Council always has tried to be very understanding. Very few houses have actually been fixed up well enough that they were able to be saved. The last house we razed, the heirs asked us to demolish it because we could demolish it at a cheaper cost than they could. They sold the lot after we had demolished it. I don't think that's what we are hearing right now. Council Member Bunch: When the lady sells the property, if the house is razed, will there be a lien on the property that will have to be paid off from the sale of the home? City Attorney Kit Williams: That is correct. The lien should be around the $30,000 level that the staff has recommended City Council to approve. It will be what the actual cost of the demolition was. I doubt that we have a contract, yet. If we don't have a contract, this is an estimated amount. Martha Haguewood, Realtor spoke about her concerns of Ms. Austin being homeless if the house is razed, due to Ms. Austin being an 80 year old woman. She spoke about compassion. She spoke about Ms. Austin's limited finances. She spoke about other dilapidated homes in Fayetteville. She requested the city to work with Ms. Austin. The City Council received one public comment regarding this resolution. Council Member Jones: If the situation has happened in the past, what was the process and how long did we give the tenant? City Attorney Kit Williams: Every case is unique. The process is that the City Council has always been very receptive in listening to the property owners in what they want and what plans they might have, either to demolish the property themselves or to try to repair it. It's often gone on where a bit of time would be granted to give the property owner more time to try to correct the problem, come back to the City Council and have a report about whether or not it has been 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 16 of 50 corrected. If there has been progress made, but it's not fully done yet, we'll give out more time. It's a case -by -case basis and it's up to the City Council to do that. I can't really predict exactly what you all should do. It's what's in your best judgment, as the policymakers of the city, on how to handle this. It would probably be very helpful if the owner would talk with Yolanda Fields and find out what kind of things we could help with. There are limits on our rehabilitation program, which is funded by HUD and we've got to follow their regulations. There are limits on how much money can be expended on any one piece of property. That was the problem in this case because it was beyond the amount that we were allowed to do. She should talk with Yolanda Fields and get all the options she can have. Council Member Jones: How long do you think it may take for your office to successfully find a place and find the right resources for her? Yolanda Fields: That's really hard to say. First, we would have to meet with her to figure out exactly what her desires are and find what programs are available. We will help her with the application, but it has to be a mutual agreement of what it is she would like and how we can help her to achieve that. It's a little bit difficult to give you a specific period of time, but we will work with her. Council Member Jones: Thank you. I'm concerned about 30 days, because if we revisit this or table this for the next 30 days, what will that process look like? What do we hope to accomplish and what new information will we have? Council Member Bunch: We could table it for a month. The homeowner could start the process and we could get an update of where we are in this process. Tabling it for six months is not a good idea because the first complaint was a year ago. The living conditions are not safe. I'm afraid if something happened to the homeowner while she was in the home, in the condition it is in, it would be a horrible thing. Could we get an update on where we are at in a month? Council Member Jones: I like that idea. If we are able to monitor the progress, I feel that is fair and build from there, but six months is a little longer. 30 days is fair to begin the process with Yolanda's office and for our staff to monitor the progress and report back to us. Jonathan Curth: 30 days is acceptable. We are here because there did not appear to be any progress on the issue. The repairs of the house were not being made for many months and cleaning up the property had not occurred for many months. It is not staffs preference to raze and remove the house. This is where it's gone because no progress has been made. If the Council affords the property owner a month to demonstrate some progress, we're happy to provide an update and hopefully one to suggest positive improvement. Mayor Jordan: We've done that before on some other properties. Jonathan Curth: That is correct. Council Member Hertzberg: What would sufficient progress look like, so we could demonstrate that? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 17 of 50 Jonathan Curth: We did discuss this internally, because that is a very valid question, especially on a case like this where there are several issues at hand. The biggest step that could be taken is to submit a building permit. It does sound like there's some disagreement on whether a building permit was submitted. I want to remind the Council that the reason this issue came to us is because an electrician approached staff because they were asked to do work that he could not get a permit for. It was his professional opinion that he could not get it done, so they approached our Building Safety staff about the issue. A building permit with a larger scope is probably what's necessary here, maybe not just replacing the fuse box, which is where the fire started. In discussing it internally, I think that's something feasible, if the property owner could work with a contractor in the next 30 days to put that together. Council Member Bunch: I hadn't really thought so much about the building permit. I was thinking that Yolanda's office might be working with this person to file some applications and see if we can get rental assistance and start the process of finding a better place for her to live with her animals. Council Member Jones: I was thinking the same thing of the case management aspect and beginning that process. Council Member Kinion: It could be that the homeowner would want to go one way or the other. The individuals that are supporting her in this process, it would be up to them to have the conversation to see where they wanted to go. Is it housing or is it some way to make a livable home? The applicant and her advisors that are in the community working with her are the ones that need to develop a plan. They have a month to do that and to come forward with how to proceed with some milestones that are measurable and a timeline. That's what I would like to see in a month. Council Member Wiederkehr: I am assuming that an electrician said I can't pull a permit for a temporary utility power pole because I don't want to energize a home when there's not a building permit that says whatever's being energized is going to be protected from the weather. He had no way to replace the panel, for instance, and not meet electrical code. Does that seem like a reasonable assumption on my part? Jonathan Curth: I was not a part of that conversation. Dennis Sanders, our Building Safety Director was closer to that conversation. Dennis Sanders, Building Safety Director: The electrician approached us because the scope of work was beyond what he felt was safe to do in the home. He refused to pull a permit. He wasn't denied a permit. He turned over to us all the damage that was done at the house. Council Member Wiederkehr: I appreciate that two professionals in the community accompanied Ms. Austin this evening. Is someone representing Ms. Austin with Power of Attorney or a Durable Power of Attorney to represent her, to approach Yolanda and her staff for housing assistance, making applications for considering contracts for the sale of her home and for pursuing housing assistance outside of the City of Fayetteville, if that's where she chooses? Who is going to represent this individual and assist her in those decisions? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 18 of 50 Herb Southern, Attorney and Friend: Partly out of our long friendship and masonic duty, I am her Attorney. If I need a Power of Attorney on top of that, I can draft one up. I have no problem with representing her and doing that. I am willing to develop the timeline of what we can do with resources that we have, as opposed to simply tearing it down. Council Member Wiederkehr: Whether we're looking at one month, six months or a year, a fiduciary lending institution is not going to be capable of making the construction loan that would be required for rehabilitating this residence. That's the concern I have. I don't want to give the owner the misperception that this is going to make this dilemma go away. Finding an alternative housing arrangement is probably the more practical, with the property being sold and providing her that asset. Does that resonate with you as reasonable, or is that contrary to what you think is possible? Herb Southern: I don't know yet. I have just recently gotten involved in the specifics of this project. I am not sure what we can accomplish or cannot accomplish. We need to explore that and when we come back after the period you decide to table this, we can address that issue. I don't want to throw good money after bad, but by the same token, I don't want to set up a situation for failure. In the attorney's ethical requirements is that I cannot create in my client a false expectation of results. I will make sure that she knows whichever way we go; it's got to be based on good sound investigation and a decision made by her. I don't think we have enough information yet to make the decision. Council Member Bunch spoke briefly about the amount of time to table the item. There was a brief discussion about what day to table the item too. Council Member Hertzberg: There were no other citizen complaints and was only from the electrician? Billy Bryant: That is correct. The only complaint we received was from the electrician. Council Member Bunch: When the city receives a complaint, what is our process? Mayor Jordan: It is quite a process. Billy Bryant: We receive the complaint and then we go on site. We take photos and verify that the complaint is legitimate. Council Member Bunch: Once that complaint has been filed, we can't pretend it doesn't exist or there is not a problem? Billy Bryant: Correct. City Attorney Kit Williams: We are most interested in safety. I know this house is hidden, but it is a hidden danger to the owner. That is what has motivated our entire staff and motivates the City Council. Hopefully, in about a month we can get an update. Safety is our number one goal. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 19 of 50 Council Member Hertzberg: Until she finds a reasonable place to stay, I am not going to be in support of this. As unsafe as it is, it's safer than being homeless. Council Member Bunch: We always have the option of tabling again. I want to know that something is happening and we're not tabling it indefinitely with nothing happening. That does not improve the situation of the homeowner. Council Member Jones: Absolutely. Mayor Jordan closed the Public Hearing. Council Member Bunch moved to table the item until the May 3, 2022 City Council meeting. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the May 3, 2022 City Council meeting. New Business: Fayetteville Non -Profit Corporation Assistance Plan: A resolution to establish and fund the Fayetteville Non -Profit Corporation Assistance Plan to quickly provide assistance to non-profit corporations operating and serving residents in Fayetteville for losses incurred during the pandemic period, and to approve a budget adjustment of $100,000.00. Paul Becker, Chief Financial Officer: This would be a program to provide emergency funding to small non -profits, based on losses that are approvable. It would be administratively approved up to $5,000 per organization. We talked about a recommended budget adjustment amount to set up an appropriation of $100,000 and that amount was picked because it is an insignificant amount, about a half a percent. That would provide for 20 non -profits in small amounts. We don't know what the demand is going to be. We don't know how many applications we will get. There was some discussion about a potential amendment. I would recommend if we are going to look at an amendment, we keep it to a reasonable amount. That's something we can look at in the future. Council Member Jones: Thank you so much for all the work you have done. I have been having numerous conversations with many of the Fayetteville non -profits. After visiting with the non- profits, we came to realize amending in the amount of the emergency ordinance to $Imillion from the current $100,000 with a close date of May 151h. The reason I am making this amendment, there are numerous non -profits who have really been impacted and they have shown a huge loss of revenue. Staff has been unable to be paid, bills have not been paid and they made payments out of pocket. I would like to address prioritizing the disproportion the census tracks. An example of that is South Fayetteville. Another part would be the intake and that involves who will be doing this. Will this be Yolanda's department? What city departments needs any additional resources to be able to process the applications in a timely manner? What criteria will staff use to screen applicants? What will be the acceptable forms for loss? For example, past due bills, receipts, previous annual fundraiser events that did not occur, records of staff working without pay, any documents showing loss, 501 or a fiscally sponsored organization and identifying the difference 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 20 of 50 between the two. Also, no audit needed. The SAM number is not needed as it relates to the criteria that's not necessary on current program requirements. The timeline of the turnaround is a question as wel I. The thought of perhaps a two week turn around. Does every application need to go through the Council? My thoughts are once Council approves the $]million, if that is the direction we decide to go, will staff review it and if the organization meets the criteria, can they be awarded funding immediately? Will the bundle of approvals need to come to City Council each week to be approved? That could possibly cause a delay in payments to the organization who are already suffering. Would Council need to hear about every application in detail or would a summary suffice if approval is needed through Council? Communicating to the public, what does the approval process look like from start to finish? Indicating to the public who is going to review the application and where to go if they have questions. I have had numerous non -profits reach out to me concerning who will be responsible for reviewing the applications. Where do they go if they have questions? If not approved, if an organization does not meet the criteria then what? How do we help them get into compliance? What follow up would happen for the organization to indicate the areas of deficiency. Is there an appeal process? If so, what does it look like? Applicants who are turned away or not approved, would they be encouraged to even try again? Paul Becker: Let's understand, this is only one part of the process. This is a program for non- profits that are going to request up to $5,000. Over $5,000, those would be ones that we would analyze and bring to the Council for disposition. We would bring them as a group. It's up to the Council if they want to have a presentation for each of these or not. We would bring them in a bundle. You had a timeline and said it was due May 151h for the large ones. If that's the case, May 15`I' we will see what's there and we would bring those forward to the Council. This program is for up to $5,000 for the small ones that we discussed. As far as the measurement period, we set it at a year. The organization would need to be a non-profit and prove they are a non-profit. That is 501(c)(3) and 501(c)(19). A SAM number is specifically identified as part of the information we have to have within the regulations. It is not difficult to obtain. We would be willing to help these small non -profits obtain one. We would help them fill out an application that can be filed, and we would give help with that, not just on the portal. As far as the turnaround in two weeks, we can turn around in two weeks once it was approved and all the documentation is verified. The question regarding Yolanda's group, she would look at that. We do not know what the volume may be. We will have to see what the volume is before we would recommend whether or not we need more people. This is for non -profits and that's what this was designed for. As far as communicating to the public, I know Susan sent out some information to the Council Members of what we are anticipating rolling out on the website to inform people once this program is approved. Council Member Jones: Thank you Paul. As it relates to the SAM number, I have looked at some other cities; Durham, North Carolina and Boulder. The Federal Government is not requiring applicants to have a SAM number. Steven Dotson, Internal Auditor: That is on page 9 of the Compliance and Reporting Guidance issued by the US Department of Treasury. Council Member Turk: Council Member Jones, I looked to see if it was a requirement. I'm the one that complained about the SAM number initially and it is a requirement from the Federal Government for these funds. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 21 of 50 Council Member Jones: I do apologize for that. It's good to know that since it is a requirement. The Administration or Yolanda's office will be helping those non -profits who don't obtain that information. Correct? Paul Becker: Yes, we will give assistance. Council Member Jones: I'm going to check again. Council Member Turk, thank you for sharing that. Obviously, I overlooked that. Paul, thank you for letting us know non -profits that don't have the SAM number and that the city will do what we can to make sure they have that number. From what I understand, that has been a proven barrier for many groups. There are various organizations, such as Genesis Church. Our citizens are experiencing a housing crisis. If we are intentional about making sure we have monies set aside, then we would be able to meet those demands and not have to be put in a situation or our citizens being put in a situation we just experienced. I appreciate you sharing with us the other part of this. I know there are numerous non -profits right now. I am sure they are prepared to speak tonight that an emergency $5,000 is just not going to be very helpful based on their loss and inability to continue to serve on the frontlines. I attended an event Sunday in Walker Park and one of the organizations told me they are scraping and doing everything they can to feed our most vulnerable. However, they don't have the support. They were concerned about being able to continue to feed without worrying about having to turn people away and without having to go in their own pockets. Paul Becker: This is a program to address up to $5,000 for the small organizations. We're rolling out another program for application, which you indicated you wanted the date to be May 15th in your correspondence for organizations who are requesting more than $5,000. In that case, they would need to demonstrate a loss. If it's an organization that's going to continue and wishes to supply services on behalf of the city, they have to apply as a sub -grantee and agree to the terms and conditions going forward. They would come to Council. The organizations who are going to request more than $5,000, those would be brought to the Council once we get those applications at the deadline, which we originally had April 30tn. I understand you want to push that to May 151n Council Member Jones: Thank you for sharing that information. Last week during the Agenda Session we mentioned perhaps increasing the $100,000 amount. After meeting with the non- profits, the $1 million figure, that's what we decide could be feasible. I would like to hear what other Council Members have to say concerning this process. I did notice at last week's Agenda Session there was a lot of conversation around this amount. Considering the needs our non -profits are experiencing and the needs our citizens are experiencing at this moment. Paul Becker: Remember, last week we talked about $100,000 strictly for this small value program and we talked about looking at appropriations for the other programs. Council Member Hertzberg: I'm fine with keeping this at $100,000. This is just for the emergency funds we requested to make this a quicker process for the non -profits that needed help sooner. I don't think we should put any more money into this. Anybody who needs more than this, can go through the sub -grantee process. It's very reasonable, well thought out and it protects the city. The $100,000 is reasonable for an emergency assistance program. Any more than that would be too complicated and risky. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes April 5, 2022 Page 22 of 50 Council Member Jones: I am seeing that only the primary receiving entity, the city, county or state has to have a SAM number, not the beneficiary or sub -grantees. Steven Dotson: Your organization and if applicable, the sub -recipients administrating a program on behalf of your organization will need to maintain procedures for obtaining information, evidencing a given beneficiary, sub -recipients or contractor's eligibility including a valid SAM.gov registration. Paul Becker: In reference to what you just read, that's the summary of the final term rules? Steven Dotson: That's the compliance and reporting guidance on page 9 under the eligibility header. Paul Becker: That was issued in January? Steven Dotson: Yes. Council Member Harvey: I agree with Council Member Hertzberg. We are talking about a starting point. We have three buckets. So, if a group needs more money, they have the other two bucket options to apply. This is for the tiny non -profits. One of the concerns I have, and I like this number to be $100,000 because when we talk about increasing it, we are talking about a lot more administration for a lot more groups. I'm trying to keep it an administrative consideration. I asked last week if we have a ton of applications, could we increase the amount and Paul said yes, we could. I'm prepared if we do receive some kind of amazing project, proposal or something they can fit in the other bucket or we adjust it as needed. We need to get this rolling as fast as we can. We have the different buckets, and this is for the tiny ones. Council Member Jones: I believe if the Council had been involved from the word go, we wouldn't be losing time. I want to challenge the Council Members tonight, the purpose of this money, we talk about protecting the city, what about our residents? How many of you actually hear about the struggles our citizens are facing? Having to make the decision about not just being homeless, but mothers not able to buy groceries. Have many of you had conversations with these non -profits outside of this City Council setting? I recognize we must be good steward's and having to make sure we have guidelines. Guidelines do not have to be bearers. We must focus on that and not so much about protecting the city. That makes me uncomfortable, because it feels as if someone is going to do something unethical to the money. Perhaps thinking maybe these non -profits may not be good stewards. I don't want that to drive the conversation. What should drive the conservation is the purpose of this funding. If we are going to address these issues, then I want to make sure that it is done equitable. Council Member Turk: I feel what we really need to do right now is go ahead and pass this $100,000 and get the ball rolling. It's a balance. You are right, we have got to take care of our citizens, and we don't want to have the barriers too high, but the federal guidelines are going to require certain things. I am hoping that city staff, and the Grant Administrator, when we get them on board, is going to be able to bridge that gap. Lower that barrier, make this work very successfully for all our citizens. Paul's presentation last Tuesday had the three buckets really well 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 23 of 50 defined. I'm sure he is going to expand on the process a bit more like we requested. That is a very reasonable approach. Tonight, we should move forward with the $100,000 so we can get these folks funded and we can get them reimbursed. That's at the lower level of $5,000 or less. The next bucket, I know they're working on. Council Member Jones: You are absolutely right. If a non-profit applied for $5,000 tomorrow, since there is such a need, when would they be able to receive it? Paul Becker: It depends if all of the information is accurate and we have the accuracy of it, we can submit it. It's about two weeks once it goes through the approval process. Council Member Jones: The reason why I'm advocating in such a manner, I don't want anyone to be left behind. I am hearing, seeing the challenges, and barriers that individuals in Fayetteville are facing. I represent Ward 1 and it is very vocal. I appreciate that. I want to make sure we take care of our folks. I'm not here to delay the process. I want to make sure it's equitable, and everyone understands the process moving forward. The challenges are real. I hear about. it every day, several times a day and it's very unfortunate. I want us to focus on the reason we have this funding and why this funding is set in place. I appreciate everyone's sensitivity to the emergency. Paul, I appreciate what you have done so far as it relates to the $100,000. Council Member Bunch: I appreciate the way you have so passionately advocated for these changes and I think we reached a comprise. I agree with Council Member Turk on this. We can't help anybody until we move forward with this. This is the time to go ahead, approve it and if we need to tweak it as time goes by, when we get the person in place that will help review everything, then we can make some changes if we need too. Right now, we need to get moving forward. Council Member Kinion: I agree we need to move forward. The main thing is to get the money out there to get started in the program and evaluate how it's moving. It's not an either-or thing. It's not either throw up barriers and make it hard or give the money away and throw it out. It is a balance. It's a false dilemma whenever we are presenting an either-or situation. We have the opportunity to fine tune this as we go along. I have been in a lot of non -profits and I have had to deal with a lot of grants where you have to follow the rules. There's always rules that go with it. This is not that many barriers compared to a lot of grants that have been with organizations. I have been on boards where you do have a lot of administrative headaches. A lot of this is upfront too, which is nice because you have the plan in place whenever you're coming for the cash. I endorse what we have in front of us. I want to move forward, get it voted on, initiated, and get the money out to the community. I don't see that we are restricting anyone. We are giving people the opportunity to be a participant and if they need more, we are not going to shut the door on them. We are going to see what they need it for, how it's being used and is it going to meet the federal guidelines. So, the city doesn't have to pay and reimbursement it. When we talk about protecting the city, we have to talk about protecting the city but at the same time it seems like with this City Council, we are being very generous. We are being very careful. We are not throwing up a lot of barriers and we are complying with federal guidelines. We have moved forward a long way and Council Member Jones is the one that pushed for it, as well as Council Member Harvey. I understand the sensitivity you have to those citizens that have approached you. I don't think it is a 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 24 of 50 ward thing. It's a city-wide thing and all of us in every ward have a very good awareness of the need throughout the community. Council Member Scroggin: I agree it is time to move this forward. I am a little concerned about getting rid of best practices and guidelines. That's not just to protect the city, but to protect the applicants and residents. If we hand out cash to organizations that aren't ready for it, that might get them in trouble. It's important that we keep best practices and guidelines. Council Member Jones: No one has said not to have guidelines and regulations. I simply stated we have to make sure there are not barriers. We have done a good job of doing what we can to make sure there are not barriers. That happened because we listened to the non -profits. We understand we have to have regulations. I'm hoping everyone understands that I'm not saying let's just give the money away to any non-profit or to anybody. I know we have to be good stewards and there is a responsibility we have, but we also have a responsibility to our most vulnerable. Council Member Wiederkehr: We originally started at $50,000 and we have increased that to $100,000. The city will learn more by receiving, processing and administrating the first 20 applications than we will learn if we debate this for three months. That's where we are going to see who's coming forward requesting assistance and what assistance they need in the application process. We can always come back and increase the amount later. Let's get the money out there so those initial applicants can teach us what kind of help they need. The City Council received 5 public comments regarding this resolution. Council Member Jones: I appreciate the Council taking time out to listen to the concerns. This is a process and there's no perfect way to do this, but I will continue to say this, for me it's equity. I hope no one has mistaken my passion as being angry. I am so concerned because I hear it and see it every day. When I ran for City Council, I made a promise I would put people over politics. I promised I would do whatever I can to ensure Fayetteville is a community when we lift from the bottom that our entire community will rise. Thank you to those that spoke out and to those that are on the front lines. I am going to ask the City Council to please amend the amount of the emergency ordinance to $1 million from the current $100,000. If we do not utilize the whole $1 million, we can reallocate it somewhere else. This is coming from a place of concern and wanting to see everyone in Fayetteville in every phase of life thrive. We have an opportunity to help put food in the mouths of our families. After tonight, I'm concerned when we move forward with this opportunity we have now, our non -profits will lose faith and hope, and we will continue to see challenges. I think about the individuals in the park, that's my heart. I'm committed to seeing this process through and I'm going to do everything in my power to make sure I continue to be the voice and make a difference. Not just words, not just a political promise, but action. Council Member Kinion: Council Member Jones, I understand your situation and how you feel about this. I would like to refer to Paul to see if we increase this to $l million from the point of view of his position and Steve who knows this inside and out. What is the impact we have in the short run and long run? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 25 of 50 Paul Becker: As I previously said, this is one program. This is for small non -profits up to $5,000. A lot of the discussion you've heard from the public and from Council Member Jones has been in regard to addressing the larger requests. This doesn't address the larger requests. We have an application process, currently we were at for April -1 and Council Member Jones suggested we keep it open until May 151", which we can do. Then we will bring those programs before you and at that time depending on what you wish to fund, we set the appropriation for those at this point in time. You can appropriate that tonight but remember that is 200 non -profits at $5,000 max. That's much more than you would need. This is not the end of the discussion for what's going to be appropriated for non -profits. We are going to bring those other programs forward to the Council. You can make your decision at that point and make the decision how much money is allocated at that point. We are not implying that a $100,000 is going to be everything for the non -profits, but that's what I would like for you to consider. Council Member Kinion: That's what I have heard all along and that is what I am trying to simplify when we are looking at the discussion. We are not restricting larger needs with other organizations. How I understand it and it is reiterated by Paul, this is an emergency fund for anyone who needs funds $5,000 or under. There is still plenty of opportunity in the other two buckets for the larger organizations with larger needs to have access to funding. I don't see why we are not looking at the whole function of what has been brought forward. It has been brought forward with a great deal of thought, discussion, and a great deal of input for a lot of non -profits. I don't think anyone has been closed out. We have been sensitive to the needs of all these organizations. The idea initially was to let our small organizations have some money now. Then to move forward with organizations that are larger and that have larger needs with the other steps in the program. I have been asked to support the $1 million tonight, but I think we have that money. It's not in this program specifically, it's for $5,000 or less so a small organization can get access to money now. I know the large organizations need access to money now. I don't think this is going to be such a long process and so burdensome that they're not going to have access to the money. No one is being locked out from what I can see. If you disagree with me, I would be happy to talk with you about it. Paul, do I understand what you are saying and how this is setup? Paul Becker: Yes, you're right Mark. This is just one process. We are going to come forward with applications for the other process and at that point you can determine how much money we need. That would be the prudent thing to do at this point in time. Council Member Kinion: I don't think it's an either-or thing. I don't think doing this tonight is going to prevent anything from a larger need being addressed. I think we can decide what that larger need is as we go along. We are not putting up barriers. Paul has put forward and answered honestly the concerns we have had and be sure that everyone has the opportunity to give what they need without restrictions. Are there guidelines, yes. If we all work together, accept the help being offered and we join together as a community so people have the support to know how they can get the money, that's what Fayetteville is all about. It's about community working together to be sure everyone gets what they need and without barriers. This is the first step to help the small organizations get the amount of money now, so they're not burdened as we move ahead to help these small organizations get money now. It's not without thought, concern and a lot of compassion. The thing about Fayetteville is that we have a very vocal community that represents 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 26 of 50 a lot of different thoughts. I'm looking for a little bit of community and togetherness rather than being divisive. Council Member Turk: Well said, Council Member Kinion. I'm trying to figure out what the issue is here. Can organizations apply for the small $5,000 grant, so they can get immediate assistance? Then also apply for the over $5,000 that may take longer since we are not going to cut it off until May 151h9 I'm trying to understand where maybe there's a little confusion. Paul Becker: At this point, it's structured so people can apply for the $5,000 at this point in time. The other ones who need more, should apply for more money and we are going to look at those as one package. The way it is set up now is you apply for the $5,000 and that's what you are looking for is $5,000 or under. If you need more than that, you make that application. You choose one or the other. Susan Norton, Chief of Staff: The $5,000 and under will be approved through the administration without having to bring it back to the Council under the guidelines. The over $5,000 comes in a package to you all for you to debate about which one of those and at what amounts you decide. Paul Becker: That's when you are going to make your decision on what you are going to do. Does that answer your question? Council Member Turk: Yes. I'm trying to piece apart why we are having this misunderstanding or that we are not responding quickly enough. Is there any room for those emergency funds? Maybe they have expended $100,000 but they are out of money and that $5,000 which could be administratively approved and get in their hands quickly. Then they can also apply for the over $5,000. That's going to take longer. You are right that it has to go through City Council as you structured it, which is rightly so. Is there any way to help some of these organizations with a little bit of money sooner? Paul Becker: That's going to be very difficult because it's going to put administrative pressure on us with people applying for two things. Yes, it's going to take a little longer. We are talking about another month. The issue is you are talking about someone applying for losses at one point and then applying for extremely more losses at a different point of time. I don't think that's the way to go and I don't recommend it. Council Member Turk: Thank you for exploring that with me. I don't want to over burden staff. Council Member Harvey: Currently, any size of non-profit can apply in the portal as it stands. We need more, less or whatever number amount. Anyone can apply? Paul Becker: That's correct. Any non-profit. Council Member Harvey: Any non-profit at any amount can apply. It just turns out they are applying for under $5,000. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 27 of 50 Paul Becker: The ones that are larger are going to take a little longer because we are going to have to view that at the administration level. That's by far the more efficient process. Council Member Jones: Besides the non-profit, what else have the funds been allocated for? What's the city's plans for the remaining of the $18 million? Paul Becker: When you say $18 million, we have allocated $2 million roughly that went to pay for our employees for dedicated services. We also spent $93,000 for the campaign for vaccinations throughout both Washington and Benton County. We allocated roughly $150,000 to the vaccine program to reimburse people who choose to get the vaccinations for the vaccination incentive plan. Those were the amounts we have allocated so far. That is in the $2 million range. We currently don't have $18 million. Right now, we have roughly $6.9 million that has not been allocated. When we come forward with the other non -profits from the larger ones and the sub -grantee, we're going to get a determination about how much you want to allocate on that. We haven't even begun to talk about infrastructure and how much the City Council wants to allocate to infrastructure. Infrastructure is going to meet the needs of our citizens too. For example, part of the infrastructure we may ask for and recommend has to do with water and sewer. If we don't use this money on that, it is going to increase rates for those citizens who could at least afford to pay for the water bills. That's a discussion we are going to have. Council Member Jones: Isn't infrastructure more like capital improvement? I thought that was out of the General Fund. Paul Becker: No, if you look at the Municipal League and you look at most municipalities in the State of Arkansas, that's where they're spending the money on infrastructure programs. The American Recovery Act Funds allow you to allocate things to water quality, water and sewer and broadband. That's specific in there, but you can consider other things to allocate to the citizens. Infrastructure is a very large part of that program. Most municipalities across the country are allocating large sums to infrastructure. Council Member Jones: I keep seeing disproportionately impacted. I see what you're saying. Why didn't we have a community conservation like many other cities? I think of Durham and Boulder and several other communities. They had conservations and they were able to talk to those citizens. They were able to talk to their Council Members. We talk about not leaving anyone behind. Had we been more engaged from the beginning, I don't think we would have had this conservation at all. It would have ensured equity. Paul Becker: We went through focus groups. We had conservations with non -profits. We had conversations with Parks. Susan Norton: I will remind the Council that when we first began the conversation here with the City Council, we had two information sessions. The first one was that we were going to take some ideas through these existing committees. Especially those that have the main big buckets. We had the Economic Vitality Planning Group going on. We had project ideas coming forward from that group. Those are still being generated. That's one way we generate the conversations, so people know what is eligible and what's out there. The Community Development and Assistance Program 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 28 of 50 Advisory Board is another committee that has generated community conversations. The community conversation was also around infrastructure, the water quality components that the treasury rules and talks at length we had with the Environmental Action Committee. And the Water & Sewer Committee. We've had two special presentations here at City Council. Each time one of these appropriations has come through that Paul just talked about, you all had a conversation, a vote and the community partners came forward. That's what we have done to date and the conversation keeps happening. Council Member Jones: Paul, I appreciate what you shared about water and sewer, but let me ask you what would we have done with water and sewer if we hadn't received this ARPA funding? Paul Becker: if you had some ARPA funding and you approve some infrastructure, you're going to have to pay for the infrastructure through water and sewer rates. That means you will have to raise water and sewer rates to provide that service. You raise water and sewer rates that's going to increase the cost to the consumer and some of the largest users of water and sewer are the ones who are in a situation where they can least afford to pay. It's going to be a greater impact on them. Council Member Jones: Didn't we just pass a stormwater bond? Paul Becker: Yes, there was a bond passed for stormwater. I'm going to bring it forward asking to complete that. That's not for water usage though. That's a different situation. That is to address flooding. Kara Paxton, City Clerk Treasurer: Council Member Jones, I want to go back to something you had mentioned regarding public engagement and meetings that Susan had talked about. Our office handles the public calendar and the meetings calendar for the City of Fayetteville. Our office has been scheduling meetings for Susan with all the department heads for roughly more than six months now. No one from my office, as a separate office, has been invited to those meetings. My office was not engaged in those meetings at all. We were not invited, and we were not included in those meetings. Council Member Jones: When I say community conversations, I'm meaning meeting with focus groups. It sounds like there were internal staff meetings. Was there a community listing sessions and things of that nature to get community input? Or was it just staff? Susan Norton: These were community meetings that people came together as the Environmental Action Committee, which is a City Council Nominating Committee, the Community Development & Assistance Programs Advisory Board, Water & Sewer Committee and the Economic Development Committee. Devin has been working with lots of different stakeholder groups. There must be hundreds of people who have been engaging in this conversation over different meeting schedules over many months. We haven't done anything in a while because we have been stuck right here. The more we can go ahead and move forward; we will be working with the community partners who would like to make application and we will be able to help them and continue to have the conversations. Council Member Jones: Is there any reason why Kara's office was not involved in the process? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 29 of 50 Susan Norton: Only that she did not participate in a public meeting that was on the calendar. Kara Paxton: Council Member Jones, my role here is City Clerk Treasurer. As it has been discussed before, we do have a separate Chief Financial Officer, which is Paul Becker. When all of these funds were first started, the Department of Finance Administration actually reached out to me whenever it had to deal with the Coronavirus Funds. I was told by our City Attorney that's not something our office would handle, even though it requires my signature on any bonds or anything like that. I am a separate department. I would like to participate in the discussion. However, I been told we are not included because that's not something our office would handle. I would very much like to be a part of the conversation and work on a daily basis to show our offices ability to engage in teamwork and inclusivity. Council Member Jones: Kara, thank you for sharing that and it's unfortunate. City Council and Mayor Jordan, I think we have to make that happen. I'm hearing what she just said and that concerns me. I want to make sure, moving forward that Kara's office is directly involved in this process. Council Member Bunch: If these things were on the weekly or month calendar, is that something anybody can go too? Things that are on the calendar, like Transportation Committee, people can join that. People can join most of these committee meetings. Am I misunderstanding this? Is this all hidden and secret somehow that I am not aware of. I thought people could go to these meetings if they saw it on the calendar. Susan Norton: It's my understanding that is why we publish the events on the public calendar. They are all public, most are videotaped, and most have agendas. Council Member Kinion: There are agendas associated with most of these meetings. If you follow and they are open to the public, there's no more engaged community that I know of than ours. We offer a lot of committee activity with a lot of people in the community that represent a lot of diversity. People are floored that the Nominating Committee sometimes is faced with nearly 100 applications. People in our community are involved. Sometimes we want the information pushed to us personally. I get that because we are all busy, but an engaged community like we have, we have these committees with people on them that are grass roots. Whenever people say we are not transparent about things in the City of Fayetteville, I encourage them to look and see what is happening on the community calendar, look at the agendas, and apply for a committee if they have a concern. You always have access to your City Council Member. I don't know what your communication style is with them but most of us are willing. We need to know what's going on with the people we represent. I don't think anyone here intentionally puts up a barrier. Council Member Bunch: I get the calendar. I look at it and I have a choice. We are all busy and we have our committees we are responsible for going too, but I still watch Planning Commission and read the agendas now and then. These are things that as a Council Member I feel like are important for me to do even though they are time consuming. People have choices if they want to go to some of these meetings. It's unfortunate that the Clerk's Office did not feel like they were included, but as a citizen, I feel like I can attend or be aware of these meetings without having the information pushed in my direction. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 30 of 50 Council Member Jones: I wish impacted people felt the same way, but they don't. Before I joined the Council there were many times people would ask me, what are some of the ways to get engaged, because there was no intentional outreach. I get the calendar and I understand what the city is doing but as it is related to being more intentional, I do think we need to be more intentional. There are some gaps that need to be filled. We do a better job than other communities. There are other individuals who have reached out to me concerning outreach and being more intentional as it relates, especially with this. Council Member Bunch: That's a good point and we definitely have some room to work on that. One thing I do as a City Council person, if I think there's something affecting my Ward, I start telling people about it. If I think something is going to be a big issue that is a rezoning or whatever, even if it is not in my ward, I tell them about it. That's my responsibility as a Council Member to engage with citizens all across Fayetteville, not just in my Ward. I have conversations all the time with people that stop me and say things to me about something that is not even in my ward. These are things we can be actively engaged in with the public. Maybe we can come up with some better ways to engage with people all throughout the city. Council Member Scroggin: If there are meetings and the meeting is between this person or this person or this group, but it affects a third party, you're going to be told the agenda doesn't match and that's not proper for the conversation. Even if there are multiple meetings about one thing and how it relates, you need to know how it relates to this third party. If there's no meeting there, then you don't have that. We have agendas and tell people they have to stick to the agenda. If it doesn't specifically define what you are concerned about, which I believe the City Clerk is talking about, then those meetings aren't for you and you will get to talk about how these two interact but not how they interact with other groups. Council Member Jones: I want us to think in terms of impacted people because that's who we're referencing. Let's ask ourselves, have we done everything to gain input from impacted people and those that are on the frontline. When we did all these meetings as it relates to COVID, and all the meetings we do, are we being intentional? Are we being deliberate as it relates to making sure individuals who are impacted are getting the information they so deserve, and they need? Council Member Harvey: Process is everything and perception is everything. I believe as a city, Council Member Jones, we can do better. We can do better to reach out to those affected individuals and the disproportionately affected groups. I'm going to do my best to do better to reach out to them in the future. I want to work with you to do that and to work with Paul. Let's do the best we can to make it better moving forward. Let's get this part done if we can. Council Member Jones: I appreciate that. Thank you. Council Member Wiederkehr: The confusion is that individuals who know they are going to be applying for more than $5,000 aren't hearing movement on an appropriation for those funds. That causes anxiety that we the City Council, will not get around to appropriating an appropriate amount of funds for those larger applications. That's a fear and a rational fear for the people experiencing it. The second concern regards timing. I'm just a newcomer but we have been talking about this for a month and originally, I was hearing $5,000, $,6000, $7,000 was going to make a difference. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 31 of 50 We have moved down this road with me assuming that was a legitimate path for us to go down. We are at a point of discussion on something that would be counterproductive and that is pushing the deadline out to apply to May 151h from April 301h. We've simply added two more weeks to the process before any money gets distributed to anyone. I'm hearing there is an urgent need now. If we were able to appropriate $100,000 for the $5,000 in smaller applicants, and to simultaneously turn around somehow legally, to say we are going to appropriate $900,000 for beneficiaries whose applications are larger than $5,000, we know if we don't use those funds we can unencumber them and that might go a long way to say we are taking those needs seriously. You still have to have a creditable application. You still have to show the liability of the use, but it's still for a beneficiary. The concern I'm hearing is that we are not going to get around to appropriating for that second bucket. I don't believe that's true, but I think that's the fear. I would hate to push out the deadline to extend the deadline to apply. It's counterproductive for the people that need it sooner rather than later. Keeping the shorter deadline makes sense. I don't believe it's any harm or foul on these funds if we were to temporarily encumber $900,000. We will know very shortly on April 30" what that dollar amount of application is. Either we are going to need to increase it or we can decrease it because there is half a million in applicants, and we are not going to approve more than is applied for. Those two things may go a long way towards elevating the rational fears in the community. Mayor Jordan: I've heard a lot of the same things. I hear from people, when are you going to get this money out the door, and we are trying to get it out the door. We have probably made some mistakes here and there, but it's not been intentional. Nobody is trying to hurt anybody, damage them, keep them from being taken care of. I wouldn't hurt anyone's feelings intentionally. I want to be sure everyone is taken care of. We heard from Council when we brought the first plan in, that you wanted something else so you could get money out quickly. Paul developed a plan for $100,000. If you need more than $100,000 it's not going to keep you from getting it. If it gets used up and it's moving along, then we need to make an adjustment. We do budget adjustments all the time. It's not like this is the end of something. It's the beginning. We intend to help people with this money. The way I understand it is there are three different categories. City Attorney Kit Williams: The deadline for the larger non -profits is not part of this resolution. That's a conservation that Paul had with Council Member Jones. The original deadline should be used at least for the first group of applicants that you have approved to be presented to City Council, so they don't have to wait. Then you could leave the application period open even beyond that and possibly present a second group for somebody that wasn't able to apply the first time. That's what the Mayor, Paul and administration will do. If that's what the City Council would like to be able to see the first group as previously scheduled, then I'm sure the administration would cooperate with you. Council Member Jones: There is some concern from many individuals that they will be left out based on what they have perceived how things were developed initially. Those concerns are legitimate. I support the April 30t' deadline. I like what you said about the $100,000 and the $900,000. I want to reassure our non -profits that they won't be left behind. If they see we are being intentional, and we are hearing them, then that will give them hope. Mayor Jordan: I was told today the discussion was going to be on the $5,000 or less. Was that not correct Paul? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www-fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 32 of 50 Paul Becker: That's exactly what we talked about. We are going to administratively set the deadline at April 30t". if you want to make an appropriation, you amend the budget adjustment to include $900,000 for the program over for beneficiary losses over $5,000. You make a motion and we go on from here. That money will not be appropriated or used, and we will talk about it when we see the applications at the end of April 30"'. Council Member Jones: Thank you Paul. Mayor Jordan: We are doing two tonight instead of one. We are doing the under $5,000 and $900,000 in the over $5,000? City Attorney Kit Williams: We still need the appropriation for the over. Paul Becker: You amend the budget adjustment for an additional $900,000 for the beneficiary. City Attorney Kit Williams: I'm going to do a separate budget adjustment. I'm going to put Section 3. Right now, there's two sections in the resolution because it's all on this first program. Section 3 will say it will approve a budget adjustment of $900,000 for the larger program when you start issuing money for it. Paul Becker: I will have Budget send you the document tomorrow. Mayor Jordan: We are going to have to figure out a date on the over $5,000. Correct? Paul Becker: April 30" is the deadline for filing. Then we will bring it back and let Council decide. Mayor Jordan: Everybody good? City Attorney Kit Williams: April 301h is that what you are setting? Paul Becker: You don't need it for the document. City Attorney Kit Williams: I didn't think you did. Paul Becker: We will administratively set it for April 30t". I believe that's what I heard from Council Member Jones and Council Member Wiederkehr. Is there a consensus? Council Member Jones: Yes. Paul Becker: That's what we are going to do administratively. Mayor Jordan: Is the April 30th deadline good with you? Did you discuss that? Council Member Jones: Yes, absolutely. Thank you for hearing me and thank you for hearing the heart of the non -profits. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 33 of 50 City Attorney Kit Williams read the proposed amended resolution. Mayor Jordan: They can start applying for that right now. When are we going to bring the next round forward on the people over $5,000? They are going to fill out an application by April 301n When are we going to have it to the next Council meeting? May 3ra. Paul Becker: It will probably be the second meeting in May because we are going to need to review it. Mayor Jordan: I want to make sure we are all on the same page. Council Member Jones: How will this be published? Susan Norton: We have a media release ready to go out tomorrow, as soon as you decide. Mayor Jordan: Yes, we have a release ready to go out tomorrow. Council Member Jones: Thank you. Council Member Bunch: Where is it going to be released? Susan Norton: The traditional channels for Media Releases and Social Media broadcasts are through the email distribution lists from the website. It will be positioned on the website in the News Flashes. It will go through social media channels, Facebook, Twitter and Instagram. Council Member Jones: Is it possible to have it translated for Marshallese and Spanish residents? Susan Norton: Yes, we will have that information on the website translated. Council Member Jones: Thank you. A brief discussion continued regarding the amendment wording. Council Member Hertzberg moved to approve the resolution. Council Member Harvey seconded the motion. After discussion, the motion and second were withdrawn. Council Member Jones made a motion to amend to add $900,000 for the larger non -profits and $100,000 for the small non -profits for emergency funding as read and to extend the deadline to April 30, 2022. Council Member Kinion second the motion. Upon roll call the motion passed unanimously. Council Member Kinion moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 83-22 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 April 5, 2022 Page 34 of 50 Council Member Hertzberg: I have a request. We have two members of the public here, possibly applicants, whose items are D.7 and D.B. Would it be okay if we move those up to get them taken care of? Council Member Harvey: Sounds great. City Attorney Kit Williams: You will have to move to suspend the rules and place D.7 and D.8 as the next items. Mayor Jordan: You want to move them ahead of D.2 and D.3? Council Member Hertzberg: Yes, please. Council Member Hertzberg moved to suspend the rules to place D.7 and D.8 before D.2 and D.3. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-1. Council Members Harvey, Jones, Kinion, Wiederkehr, Bunch, Turk and Hertzberg voting yes. Council Member Scroggin voting no. RZN-2022-007 (457 E. 7th St./Whitson): An ordinance to rezone that property described in rezoning petition RZN 22-007 located at 457 East 7th Street in Ward I for approximately 0.23 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff did not find any issues with the request and recommends approval. He stated the Planning Commission agreed unanimously to forward it to Council for approval. He stated there has been no public comment. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6546 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 April 5, 2022 Page 35 of 50 RZN-2022-008 (608 S. Ray Ave./Siemek): An ordinance to rezone that property described in rezoning petition RZN 22-008 located at 608 South Ray Avenue in Ward 1 for approximately 0.47 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. Council Member Hertzberg moved to suspend the rules to place D.7 and D.8 before D.2 and D.3. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-1. Council Members Harvey, Jones, Kinion, Wiederkehr, Bunch, Turk and Hertzberg voting yes. Council Member Scroggin voting no. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the applicant originally submitted the request to zone it to Neighborhood Conservation. He stated after the Planning Commission's review of the proposal, they forwarded it to Council with a recommendation of RSF-8 and according to our ordinances, it has to be crafted according to what the Planning Commission forwarded. Mayor Jordan: What did you want to do? Jonathan Curth stated staff finds both requests to be compatible with the area. He stated from an adopted plan standpoint, staff also found both requests to be consistent. He stated staff did find Neighborhood Conservation to be somewhat more complimentary of our goal to create a compact, complete, connected city and neighborhoods. He stated Neighborhood Conservation allows for a little bit more density, tighter lot widths and it also necessitates locating houses closer to the street, where they can more efficiently use property and infrastructure. He stated at the Planning Commission meeting, the conversation was about urban design. He spoke briefly about the difference in setbacks and build zones. He stated there is a wide variety of setbacks from the street in this area and believes the applicant will be speaking about that. He believes it is still the applicant's interest to pursue Neighborhood Conservation, as opposed to Residential Single Family, eight units per acre. He stated leading up to the meeting he received a phone call opposed to the request with concerns about rezoning to allow some additional density in the area. He stated staff recommends approval of either requests, although he feels Neighborhood Conservation speaks more to the city's comprehensive planning goals than RSF-8. He stated the Planning Commission amended the request to forward it with RSF-8 as their proposal with a vote of 7-0. Konrad Siemek, Applicant stated he would like to propose an amendment for the ordinance to be NC, instead of RSF-8. He stated RSF-8 would require a Conditional Use Permit. He spoke about the character of the area. He spoke about the varied setbacks from the street. Council Member Wiederkehr: What is the lot width? Jonathan Curth: Since it fronts both Dockery to the east and Ray to the west, it's approximately 80 feet on Ray and there's only about 40 feet on Dockery with the intent of the applicant expressing to build a house facing Dockery, which would necessitate 40 feet, not the 50 feet associated with the RSF-8 zoning district. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www-fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 36 of 50 Council Member Wiederkehr: With the RSF-8 zoning, they would not by -right, be able to add the second house facing Dockery? Jonathan Curth: That is correct. Council Member Hertzberg: Jonathan, would you be agreeable to the applicant's request for Neighborhood Conservation? Jonathan Curth: Yes, staff supports the request. Council Member Hertzberg and Council Member Harvey spoke about possibly amending the ordinance to Neighborhood Conservation. Council Member Hertzberg: I like the point that it would better protect the trees. I appreciate that the applicant could build their second home where they wanted too. Council Member Harvey: That sounds good to me. Council Member Wiederkehr: I am going to go look and see if there are two trees out there. Council Member Kinion: Council Member Wiederkehr, you were on the Planning Commission when this came through. Do you remember what the Planning Commission's discussion was regarding this? Council Member Wiederkehr: I hope Jonathan will be able to say that I was not on the Commission when they heard this. Jonathan Curth: That is correct. This is the first meeting after you rotated off the Commission. Council Member Kinion: I need to better understand why the Commission made the change. Jonathan Curth: It really was a concern about the existing pattern in the area, or what they perceive to be the existing pattern in the area. To the applicant's point, he was not available, and I don't know that his representative was able to share the information he shared tonight regarding the varied setbacks from the street. I think the second piece of the Commission's recommendation was they felt like there may be other avenues, other than a slightly higher zoning entitlement. Such as going to the Board of Adjustment for a zoning variance or coming back to the Planning Commission for a tandem lot. A Board of Adjustment variance would be very difficult to receive for something like this. The Council doesn't often see their items and legally can't see their items. The Board of Adjustment standard is that you have to have some undue hardship on your property that makes it unbuildable. Splitting off a property to build a second house does not generally constitute a hardship, in staffs eyes. City Attorney Kit Williams: It would be extremely difficult for them to approve a variance like that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 37 of 50 Council Member Turk: I would like to go out and take a look at it. I am not saying we have to do a tour, but I would like to look at it. I am fine with advancing it if we want too, but I would like to not make a final vote tonight. Mayor Jordan: What does the Council Members in that Ward think? Council Member Harvey: I'm fine with that if the applicant has some flexibility. I would like to hear from the applicant. Konrad Siemek: I would rather you all vote on it tonight. I would be more than willing to take anyone out and examine the property. Council Member Hertzberg: In good faith, could we amend it, and then move it to the second reading and hold it there? There was a brief discussion about waiting to amend the ordinance after viewing the property. Council Member Hertzberg moved to amend the ordinance to Neighborhood Conservation. Council Member Harvey seconded the motion. After discussing, Council Member Hertzberg withdrew the motion and Council Member Harvey withdrew the second. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. This ordinance was left on the Second Reading. ABI Attachments: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of an ABI Force Machine from ABI Attachments of Indiana for the amount of $42,388.63 plus any applicable taxes and freight charges. City Attorney Kit Williams read the ordinance. Terry Gulley, Assistant Public Works Director of Operations gave a brief description of the ordinance. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 38 of 50 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6547 as Recorded in the office of the City Clerk Amend Ordinance 6503: An ordinance to amend Ordinance 6503 to revise the total cost of three dump trucks and one roll -off truck through Ozark Kenworth of Springdale for a new total amount of $792,104.25. City Attorney Kit Williams read the ordinance. Terry Gulley, Assistant Public Works Director of Operations: We got hit with the industry surge charge by the time they were able to deliver the vehicles. We need to make this adjustment in order to still get the trucks and put them in service. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. 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 Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6548 as Recorded in the office of the City Clerk Jack Tyler Engineering, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $266,250.00 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the purchase of six anoxic mixers for the Noland Water Resource Recovery Facility, and to approve a project contingency in the amount of $26,625.00. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 39 of 50 Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6549 as Recorded in the office of the City Clerk Waste Management: An ordinance to waive competitive bidding and authorize the hauling of biosolids to Waste Management at any of their associated landfill sites in various amounts as needed through the end of 2027. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. 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 Wiederkehr seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6550 as Recorded in the office of the City Clerk RZN-2022-006 (3493 N. Hwy 112/Biotech Pharmacal): An ordinance to rezone that property described in rezoning petition RZN 22-006 located south of West Highway 112 for approximately 65.90 acres from R-A, Residential Agricultural; RSF-8 Residential Single Family, 8 units per acre; 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes April 5, 2022 Page 40 of 50 and I-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General; CS, Community Services; UT, Urban Thoroughfare; and I-1, Heavy Commercial and Light Industrial. City Attorney Kit Williams read the ordinance. Council Member Kinion: I have to recuse myself from this item, due to business connections. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the City Attorney's office feels comfortable that we are moving ahead in an appropriate manner by processing this request in its entirety as it was submitted to staff and the Planning Commission. He stated they have received one piece of public comment that was in favor of the item. He stated staff does recommend in favor of the request. He stated the Planning Commission agreed and they forwarded it to the Council unanimously, recommending approval. Jessica Hester, Representing the Benedict Family stated the applicant's company mission is that health equals energy and that vision is at the heart of this development. She spoke briefly about the company's mission and how the rezoning would promote wellbeing, if approved. She spoke about the hydraulic soil. Council Member Turk: At the southwestern part of your property, do you know how that interfaces or if it does with Wilson Springs, or if there's any hydrological connection? Jessica Hester: It is my understanding that the water does flow eventually towards Wilson Springs, but I am unfamiliar with the direct path that it takes. Council Member Turk: Maybe I can reach out to somebody else to find out a little bit more about that, but I'd be interested in having further information on that subject. There was no public comment. Council Member Turk: Thank you to the applicant for the excellent tour. It is almost 11:00 pm right now and this is a big project. I'm hoping we can hold it right here, so we can address it in two weeks. Council Member Hertzberg: That would be fine with me. Jonathan Curth: Could Council Member Turk clarify what information she's looking for about that protected stream, as it runs south? Council Member Turk: Wilson Springs is pretty close to there, which flows into Clabber Creek. Is there a hydrological connection between that stream that's on the Benedict property? Does it flow into Wilson Springs or is it completely separate and has no impact or anything at all? City Attorney Kit Williams: Because of my earlier concerns, we already delayed them one Council meeting. This is a major project for them that was unanimously recommended by the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 41 of 50 Planning Commission, as well as staff. Unless there's actually any real concerns about what this project is, I would ask that you advance it because I feel a little guilty for slowing it down myself. Council Member Bunch: I followed this as it went through the Planning Commission and I went on the tour. This is a big piece of land. I feel confident with what they are requesting, but since it's not a PZD I always try to anticipate if the heaviest density and the highest buildings went in on each piece of land. I still feel comfortable with it. This is an area primed for growth and development. I could hold it, or I could vote on it. Council Member Turk: I would rather hold it because it's such a large piece of property with high density. If we don't have any concerns in two weeks, we can advance it. This will give the public a little bit more time to know about this. This ordinance was left on the First Reading. RZN-2022 009 (917 S. Hollywood Ave./Parker): An ordinance to rezone that property described in rezoning petition RZN 22-009 located at 917 South Hollywood Avenue in Ward 1 for approximately 0.24 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends in favor. He stated the Planning Commission forwarded it to Council with a unanimous recommendation for approval. He stated staff has not received any public comment. Brad Parker, Applicant spoke about his rezoning request being in alignment with the 2040 Plan. Mayor Jordan: Have you heard anything in Ward 1? Council Member Harvey: I have not heard anything. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 42 of 50 Ordinance 6551 as Recorded in the office of the City Clerk RZN-2022-010 (848 N. 54th Ave./Silvis): An ordinance to rezone that property described in rezoning petition RZN 22-010 located at 848 North 54th Avenue in Ward 4 for approximately 1.48 acres from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre to RMF-6, Residential Multi -Family, 6 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends in favor. He stated the Planning Commission forwarded it to Council with a unanimous recommendation for approval. He stated staff has received some public comment expressing concern. Paul Schmidt, Applicant stated the property that was approved by the City Council last year has a little bit more of it touching the flood than this property does. He stated this property is even better suited for building and for construction. He spoke about owning the properties surrounding this proposed rezoning that are already multifamily. He spoke about addressing the public comments and receiving positive feedback. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey: Jonathan, on the slide you showed of the floodway, would the applicant need to do something different in this space? How does that impact the request? Jonathan Curth: The portion of the property that is in the floodplain does have higher standards associated with it. If you all had a chance to visit the property, either in advance of this proposal or the last one, you see in the aerial there's a duplex being built at the time of this flyover. That duplex is built higher than the rest of the ones on the property. That's one of the baseline standards, but the new buildings in the floodplain have to be built two feet above base flood elevation. The floodplain standards ensure there's no adverse impact offsite. I can require a flood study before a project is brought to the city. Council Member Harvey 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: I still remain concerned like I did with the previous rezoning in this area with it being in a floodplain. I will not be supporting this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 43 of 50 Council Member Bunch: If someone is financing a property, the lines change all the time. If someone is financing a property that's in a flood prone area, they're required to have flood insurance. We have the standards of the buildings having to be built up higher. Council Member Kinion: i will confirm that. Generally, there was concern whenever I financed property there, but there was also a lot of regulation to protect the homeowner. It's kind of hard for me to support a residential building in a flood zone. It's not impossible to be financed, it's just hard and expensive. Council Member Bunch: Yes, it is. Council Member Kinion: I agree with Council Member Turk about this property. I had to deal with a lot of flooding when I was in banking. Council Member Harvey: Are you going to support it? Council Member Kinion: No, not in this situation, due to the specific land. I am pretty familiar with it. Council Member Hertzberg, you are in Ward 4. Have you heard anything or have concerns? Council Member Hertzberg: I haven't heard anything in addition to what was presented. I would lean more towards in favor. Council Member Turk: I haven't heard anything from residents. I know we have increased standards, but we have climate change too. We are getting seven inches more per year on average in the last 20 years. I don't think our regulations are sufficient with all of the additional climate change that is happening. Council Member Kinion: That is my line of thought also in this situation. There has to be property owner rights, but we are having climate change and seeing the results already of what we are facing. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 4-4. Council Members Wiederkehr, Scroggin, Bunch and Hertzberg voting yes. Council Members Harvey, Jones, Kinion and Turk voting no. This ordinance failed. RZN-2022-011 (3220 W. Old Farmington Rd./Stricklin): An ordinance to rezone that property described in rezoning petition RZN 22-011 located at 3220 West Old Farmington Road in Ward 1 for approximately 20.40 acres from RSF-8, Residential Single family, 8 units per acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 44 of 50 Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff is recommending approval. He stated the Planning Commission forwarded the item to Council recommending approval unanimously. He stated there has been public inquiries. Brian Teague, Community By Design stated he was representing the property owner. He spoke about the benefits that the rezoning would provide. Council Member Wiederkehr: Frequently, cluster housing or cottage courts face inward to share the open space. These units are going to face the street, it appears. Is that your preference as the designer? Brian Teague: It's a combination of what we are proposing with the Conditional Use Permit. A significant portion will face a common open space. A significant portion will also face a public street, which we would consider a common open space, as well. Council Member Wiederkehr: The change in zoning has no impact on the amount of off-street parking provided or on the number of units that are covered under the Conditional Use Permit. Is that accurate? Brian Teague: That is accurate. We plan to develop with the Conditional Use Permit, as approved by the Planning Commission. We have no intentions of changing the density or the number of parking spaces. Council Member Harvey: Do we have typography information? I know it is at the base of the park. Jonathan Curth stated he needed a moment to pull the slide up. Council Member Bunch: It's not really typography, but page 14 ofl6 shows the Hilltop Overlay. Council Member Harvey: Yes, I do see that. Jonathan Curth stated the flattest part of the property is when you near Old Farmington Road and once you reach the ponds it begins to accelerate in steepness. Council Member Harvey: Is the water flowing southwest? Jonathan Curth: Generally, yes. Mayor Jordan: Has Ward 1 heard anything? Council Member Jones: No. Council Member Harvey: I haven't, but there are a lot of things on the agenda. I didn't get to share it and I usually share rezones on social media. I would like to hold this. This ordinance was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 45 of 50 VAC-2022-006 (NE of S. School Ave. & W. 22nd St./Graham House, LLC.): An ordinance to approve VAC 22-006 for property located Northeast of South School Avenue and West 22nd Street in Ward 1 to vacate a portion of a water/sewer easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the Utility Department has consented with vacating the easement, but we have included the condition that the 20 foot easement be rededicated and centered on the existing line. He stated any damage or relocation to that line will be done at the applicant's expense. Hunter Adkisson, Applicant stated this request is to vacate the unused portion and dedicate a new easement over the actual line. He stated he is requesting a 15 foot wide easement to match the existing easement, as well as the easement on the adjacent property. He stated the current sewer line runs to the heart of the property and significantly limits the development potential. He stated this proposal minimizes the expense to the city and the disruption to the site. Council Member Hertzberg: Jonathan, has the Utility Department had any issue with the 15 foot easement, as it is currently? Jonathan Curth: On this property or generally? Council Member Hertzberg: Just this property. Jonathan Curth: I can't speak to that. Mr. Nyander, can you please chime in? Tim Nyander, Utilities Director: We haven't had any issues with this sewer line on this property, but the difference between 15 and 20 feet, is a difference because our equipment is just wide enough. If somebody wants to be very critical about it, we would be trespassing every time we repaired a line. We do 20, 30 and 50 foot easements depending upon the size of the line, so 15 isn't even to our specs anymore. Council Member Wiederkehr: Do we know what year the line was installed? Either the easement was in error being recorded or the line was in error in installation. Do we have any idea which of those might have occurred? Jonathan Curth: Working off of our mapping data, which plots when a lot of these lines went in, it does suggest the line was installed in January of 1976. It looks like it's been there about 46 years. Council Member Wiederkehr: Either the line was installed in the wrong location or it was installed correctly, and the easement was mis-recorded. Do we have any idea which of those might have occurred? Jonathan Curth: I do not have that information. Council Member Wiederkehr: Me neither. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 46 of 50 City Attorney Kit Williams: Tim, do you have any opinion on that? Tim Nyander: It's hard to say. When you compare the actual to today's GIS mapping, you run across these kinds of anomalies. It is something that does need to be corrected. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6552 as Recorded in the office of the City Clerk Amend §111.06 Prohibited Activities/Warning Notice: An ordinance to amend § 111.06 Prohibited Activities/Warning Notice in Chapter 1 11 Alcoholic Beverages of the Fayetteville City Code to align with state law regarding the age limit for handling and serving alcoholic beverages. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Mayor Jordan, we had an establishment contact the city to inquire about the age of their employee and what is the limits. We found out the state law had changed and lowered the age limits for certain things. We felt it appropriate to bring this to your attention to see if you wanted to align our city code exactly with state law. We thought it would make sense. Mayor Jordan: I want to align everything up that we have on city ordinance with the state law. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed unanimously. 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 Harvey seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 47 of 50 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6553 as Recorded in the office of the City Clerk Appeal of: ADM-2022-001 (509 W. Prairie St./Prairie Street Live): A resolution to grant the appeal of Council Members Sonia Harvey, D'Andre Jones, and Mark Kinion and approve an amendment to Conditional Use Permit CUP 19-6721 for Prairie Street Live located at 509 West Prairie Street. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated several issues were discussed at the Planning Commission and among the most prominent of these was the calls and complaints that the venue had received over the course of its operation. He stated there has been public comment in support and against the venue. He stated the Planning Commission did grant indefinite approval of the request and extended the Conditional Use Permit indefinitely. He stated staff did support that aspect of the request. He stated however, the existing hours and number of performances were maintained as they were before that was also in line with staff s recommendation. He stated the enforcement mechanism was slightly changed from a three strikes tool to deferring to our ordinance, which has a specific remedial tool for violations of the noise ordinance for outdoor venues. He stated if you're convicted of violating the noise ordinance, your permit goes back to the Planning Commission for reconsideration or revocation because there's not three strikes, it's one conviction. He stated the appeal was initiated by the applicant. He spoke about the applicant seeking approval for the additional hour of music. He stated the City Council are hearing this item as though they are the Planning Commission and have three options, which is to either affirm, amend or revoke. April Lee, Applicant stated Prairie Street Live is appealing the Planning Commission's decision not to grant an additional hour of music on Thursday night until 10:00 pm. She stated this request is critical to her ability to grow as a business, generate income to pay for more expensive sound abatement and operate a viable business in the music industry. She stated there was misrepresentations at the last Planning Commission meeting and spoke briefly about those topics. She spoke about the violations that she received. She spoke about the negative monetary effect on her business by not getting to have the one extra hour. Council Member Harvey stated Jonathan did a great job of explaining the history and has been a supporter of April's business. She stated it is a core part of the direction we are wanting to go with the Cultural Arts Corridor and bringing visitors to Fayetteville. She stated this is not easy, but the applicant has been patient. Council Member Kinion stated this in Ward 2 and is a unique venue. He stated it expands the entertainment along the Arts Corridor and is in the right place, but the neighbors have recognized there has been violations of the Conditional Use Permit. He spoke about wanting to see the venue continue. He stated he is disappointed because it hasn't been that long ago that the City Council toured the facility and heard promises made and promises that were broken. He stated he does not believe it is the management's fault but is the situation when one is managing a live concert and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 48 of 50 the management must step up and take control. He stated the management took responsibility for it, which at least is not an excuse like he has seen in other situations. He stated he looks forward to discussion on how it can be managed with a compromise, so the business can continue. Council Member Turk: Our city is complaint driven, but in this instance, maybe it's elevated or intensified the situation. Some of the information we received from Mr. Levy is disturbing. There's a lot of details to work out. One thing we might want to consider is having an independent remote way to record the noise and have a noise meter placed somewhere, so we don't have these kinds of conflicts. I love live music, but this venue has had a lot of issues with neighbors and the neighbors were there first. I want to support the arts and the culture, but they are not in the Entertainment District. I hope they can do better because these are some serious violations and conflicts that have developed with the neighborhood. Council Member Bunch stated every time we have Prairie Street Live come back, she thinks about what Council was told that they would do for sound blocking and sound abatement and these things haven't been done, but they don't have the money to do them. She stated Council has been told if they could open this extra night or open this extra hour, we would get all this money back, but she doesn't know if that is really going to happen. She stated she has heard from quite a few people that live in that area and it doesn't bother them, but they are people who usually have a weekend home down there and are not there all the time. Council Member Scroggin: I have felt kind of harassed on another venue at a different location. When I read what somebody said they went through after a Planning Commission, it kind of jives with what I somewhat ran into. It can be problematic. Unfortunately, it seems like a lot of the music venues have closed up and they're doing just fine. George's Majestic is doing well. JJ's is probably doing better than it ever did, before it closed up. I don't believe we're voting to take away what they have now. They can continue to operate like the original agreement. Council Member Bunch: I thought about the different music venues and George's has been there so long that anybody that moves down to Dickson Street knows George's is there. We got lots of complaints for JJ's when it first opened. I don't know how many complaints we've had since then, but it's in more of a commercial area and borders a more residential area too. Council Member Wiederkehr: Fayetteville has a good track record of supporting the arts and encouraging the arts. We have a great track record for quality of life. We've got a situation where conflict has occurred and it's hard to envision the conflict going away, in and of itself. Something has to change and there is a squatter's rights sense of who was there first. The issue for me is about compliance with the noise ordinance. Either you comply or you're going to get in trouble. Being told, if I had the money, we wouldn't have this problem or if you'd let me earn the money, then I can make the problem go away. That puts us in an awkward and challenging situation because there is no guarantee the revenue will be there and that the abatement will actually take place. We've got only two citations, but a number of noise complaints and that's a huge problem for us as Council Members representing the people who live in those neighborhoods. I'm a big fan of live music, but it doesn't encourage me to have the applicant say it is the development code that prevents them from complying. It is the volume that keeps you from complying. I am not amenable to affirming the appeal. It would be harsh to revoke the CUP, but I don't see anything the Planning 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 49 of 50 Commission did that was wrong or inappropriate in representing this community. If I wanted this body to grant me additional nights, I would absolutely have an employee or myself be monitoring that volume every single performance to ensure I was the kind of neighbor that would garner support from the people that live in my area. Mayor Jordan requested Jamie Fields to speak about the noise complaints. Jamie Fields, Deputy Chief of Police stated the Fayetteville Police Department wrote two citations in October and November of 2021 for noise violations from multiple neighbors. She stated in 2022, records do not indicate that FPD received a noise complaint. She stated FPD did receive a parking complaint at Prairie and West but can't say that was caused by Prairie Street Live because there are two other businesses in that same location. Council Member Harvey spoke about sound carrying differently in different weather, especially with leaves coming down in October and November, which canrfeel louder. She stated Council might need to think about amplified sound that's outdoors in the.,city and look at Fayetteville's ordinances in the future. Council Member Kinion: We need to decide how we are moving forward. We have three choices, which are to accept the Planning Commission's decision, reject it or we can amend it. I brought this forward for discussion. I would like for someone to give insight on how they think we should move forward. Mayor Jordan: Everybody is pretty tired right now. You could hold this until the next Council meeting and there'll be people here. It will be the first thing of old business and everybody will be a lot fresher. There's a lot of people that might want to weigh in on it that can't be here. Council Member Scroggin: It does not stop their ability to operate, while we table it. Mayor Jordan: That is correct. Council Member Kinion moved to table the resolution until the April 19, 2022 City Council meeting. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the April 19, 2022 City Council meeting. Announcements: City Council Agenda Session Presentations: Sales Tax Report, Paul Becker Energy Report, Peter Nierengarten. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 5, 2022 Page 50 of 50 Fayetteville Non -Profit Corporations operating and serving residents of Fayetteville for losses incurred due to the Covid-19 Pandemic. City Council Tour: Friday, April 1, 2022 at 4:00 PM, Address: Unaddressed; Southwest of S. Razorback and W. Cato Springs Roads, Parking: Parking is available on -street along Ashwood Avenue to the north Request: Rezone the property from NS-L, Neighborhood Services -Limited to CS, Community Services and R-A, Residential Agricultural. Uiournrncnt: 12:35 AM A ��G�E R' ' r.4,LIt I C ��fi Lioneld Jordan, Mayo Kara Paxton, City Cler reasurer r F�y� ��L`1� L '. ••. S �• 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Chris Brown, Public Works Director Terry Gulley, Asst. Public Works Director Jonathan Curth, Development Services Director Steven Dotson, Internal Auditor FROM: Kit Williams, City Attorney DATE: May 2, 2022 RE: Mayor recuperating at home and performing essential duties Kit Williams City Attorney Blake Pennington Assistant City Attorrey Jodi Batker Paralegal Mayor Jordan is currently recuperating at home, but is fully capable and performing the essential duties of his office. One such duty was to clarify how and when his approval through use of his signature stamp could be exercised. Ordinances, Resolutions, Contracts and other documents approved by the City Council may have the Mayor's signature stamp applied upon the unanimous agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A similar procedure was used during a rare week or longer vacation for the Mayor years ago where cell phone service at his vacation spot was not always reliable. An initial draft of his authority for use of his signature stamp was signed by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just signed an updated and more specific and complete authorization detailing what the City Staff should do during this period when staff may speak with him for any necessary decisions or instructions, but when City Staff is authorized to perform housekeeping, ministerial, and uncontroversial actions on the Mayor's behalf. This replacement authority dated today is also attached and supersedes the April 29th authorization. Mayor Jordan has also designated his Chief of Staff to handle most of his normal meetings duties until his full time return to the office. The Vice Mayor shall conduct all City Council meetings and Agenda sessions as the Mayor recuperates. If any document proposed for the Mayor's signature has any questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision before his signature stamp is used or withheld. Mayor Jordan remains able to perform his necessary official duties although much of the noncontroversial, house -keeping measures will be handled by his Chief of Staff and necessary signatures by use of his signature stamp so the Mayor can get more needed rest. In the unlikely event that Mayor Jordan would be deemed by a Circuit Court as being "unable to perform the duties of office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan Norton to Perform the Duties of the Office of Mayor If and When Necessary. A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (C) An unelected employee or resident of the city if designated by the mayor and approved by the City Council." If the City Council does not approve the Mayor's designation of Chief of Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who as an "elected official of the city" does not need approval of the City Council. (A.C.A. §14-43-501 (b)(3)(B). 2 OFFICE OF THE MAYOR April 29, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following approval procedures to be used during any period I am absent from the City, under the following conditions: • Until I return to regular office hours Chief of Staff, Susan Norton will have the final approval necessary for Legistar items My signature stamp may be used for all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR May 2, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated approval and signatory procedures to be used during any week or longer period of time if I need some of my more signatory and ministerial and/or in -person meeting duties performed for me until I return to full-time status: ■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items • My signature stamp may be used to approve all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process ■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or attend (except City Council meetings and Agenda Sessions). Other staff who are already ejnpowered to represent me in regional boards or commissions may continue to represent me iii those boarasland commissions 4tv r...�� Lioneld Jordan, Date Signed Witness City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If And When Necessary I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office while I recuperate in the hospital or at home. I have established proper procedural guidelines so that my signature stamp may be used instead of my written signature on documents approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and Acceptances, and Deeds. If I become temporarily unable to perform the duties of the Office of Mayor, I hereby designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties myself. If the City Council fails to approve my designation of Chief of Staff Susan Norton to perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A. §14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the duties and functions of Mayor of Fayetteville. s - a - Date LIONELD J❑ Mayor ��-�� Witness City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov