HomeMy WebLinkAbout2022-04-19 - Minutes -Council Member Sonia Harvey
Ward 1 Position 1
Council Member D'Andre Jones
Ward I Position 2
Council Member Mark Kinion
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
April 19, 2022
City Council Meeting Minutes
April 19, 2022
Page 1 of 32
Council Member Sloan Scroggin
Ward 3 Position I
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Holly Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on April 19, 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, 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, Mark Kinion, Mike Wiederkehr,
Holly Hertzberg, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of
Staff Susan Norton, Communications & Marketing Director Lisa Thurber, Chief Financial
Officer Paul Becker, Fire Chief Brad Hardin and staff members from the IT Department
were present in City Council Chambers.
Council Member Bunch arrived at 5:43 PM via Zoom after Roll Call had been taken.
Council Member Bunch left the meeting at 8:33 PM and was absent for the rest of the
meeting.
Pledge of Allegiance
Mavor's Announcements Proclamations and Reco itions: None
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City Council Meeting Minutes
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City Council Meeting Presentations, Reports, and Discussion Items: None
Agenda Additions: None
Consent:
RFQ #22-01, selection #2 McClelland Consulting Engineers, Inc. and GTS, Inc.: A resolution
to award RFQ #22-01 selection #2 and authorize the purchase of on -call materials testing services
from McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. Based on price and
availability as needed through April 30, 2023.
Resolution 84-22 as recorded in the office of the City Clerk
RFQ 422-01, selection #3 McClelland Consulting Engineers, Inc. and Olsson Associates, Inc.:
A resolution to award RFQ 422-01 selection #3 and authorize the purchase of on -call surveying
services from McClelland Consulting Engineers, Inc. and Olsson, Inc. Based on rates provided
and availability as needed through April 30, 2023.
Resolution 85-22 as recorded in the office of the City Clerk
BKD, LLP: A resolution to authorize Mayor Jordan to sign an engagement letter with BKD, LLP
and pay an amount not to exceed $117,320.00 for auditing services for the 2021 audit.
Resolution 86-22 as recorded in the office of the City Clerk
Amend Resolution 33-22: A resolution to amend Resolution 33-22 by reducing the amount of re -
appropriations to the 2022 budget by $9,279,035.00, and to approve a budget adjustment.
Resolution 87-22 as recorded in the office of the City Clerk
Council Member Kinion moved to accept the Consent Agenda as read. Council Member
Harvey seconded the motion. Upon roll call the motion passed 7-0 with Council Member
Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting yes. Council
Member Bunch was absent.
Unfinished Business:
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,
Residential Intermediate, 12 units per acre.
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City Council Meeting Minutes
April 19, 2022
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Council Member Harvey moved to suspend the rules and go to the third and final reading.
Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting
yes. Council Member Bunch was absent.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director, gave a description of the ordinance and the
property located in Ward 4. He explained the questions he was asked about access management
and parking on the property. There were also questions that had to do with the land use, what is
being proposed to be built there, the 5 ft. set back which is like the existing zoning district. He
went on to explain that the applicants have requested to have Residential intermediate Urban
Zoning District. This would allow buildings to be placed closer to the street but not all the way to
the back of the curb. He went on to explain there is a right of way that is owned by the Arkansas
Department of Transportation. He said the last set of questions he received were regarding tree
preservation. The existing zoning is RSF-4 and does require a minimum tree canopy of 25%. He
said there were about 12 or 13 pieces of public comment, with some of the comments were in
support and some in opposition.
Pablo Pagliani, Applicant, gave a description of his property and explanation to when it comes to
questions he had been asked about residents. He also provided additional information regarding
the Bill of Assurance he previously submitted to Jonathan Curth. He also brought extra copies to
be given to the Council Members.
Mayor Jordan: Jonathan would you like to summarize the Bill of Assurance.
Jonathan Curth: I did want to comment on the new addition which the current residential single-
family zoning district does allow 3 unrelated individuals per dwelling. So, with the applicants
request to amend to RI-U Residential Intermediate Urban it would have the impact of allowing 4
unrelated individuals per dwelling. The Bill of Assurance would basically cap the number of
family size to what is currently allowed under the Single -Family Zoning District.
Mayor Jordan asked if the City Council had any questions for the applicant or staff. There were
no questions, so he went on to read the rules for public comment.
The City Council received 2 public comments regarding this ordinance.
Council Member Harvey: I just want to thank Jonathan for meeting us out there yesterday. It
was a really nice day. It was quite busy because we were there at five so you could really see the
traffic, which we are all well aware of, on Wedington. I do want to address Mr. Garlock's concern
because I was wondering about this as well. The current resident has a kind of u-turn in so that
you can get in and out and turn around your car. So that is not going to be the case. It is actually
going to reduce the curb cuts. I also learned that this is a local owner. We are talking about
someone who lives here in Fayetteville. That is awesome that we have somebody here that is
willing to invest in property and bringing in 4 homes where there was only one. That structure
was in poor disrepair and they had reports of people squatting in this space and safety. I feel like
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the property owners are really trying to do something to improve the neighborhood and bring some
beauty and some variety to the neighborhood because those new 4 homes will bring a variety of
people to the neighborhood. I did learn about tree negotiation. There will be a requirement of
15% tree canopy and that is 5% less than where we are, I think. There are a lot of trees but some
of them are more historic or native so they kind of look at that once the proposal has gone through
Planning. I think one of the things I really think about in general is Fayetteville's future. I agree
that it is a very traditional single-family residence neighborhood. With this being a major
thorough -fare, I see the busses potentially going up and down. I just don't see a lot of single-
family homes wanting to be on such a major thorough fare. It makes sense to me to have a lot of
density in that space. Maybe even having students there that could easily ride the bus and get on
to the campus. I did think about it. I know this neighborhood loves how their neighborhood is. I
wanted to let you know why I would be supporting it.
Council Member Hertzberg, spoke and explained that she wanted to add on to what Council
Member Harvey had said. She went on to explain that she understands that RI-U can be scary to
some people. She went on to explain why she felt RI-U would be a good decision for this area.
Council Member Turk, spoke about the property being a very deep lot. She mentioned that she
was concerned about access management issues. She also mentioned that there was no turn lane
on the road and felt like that area was a car accident waiting to happen. She also talked about up
zoning and about the fact that it would increase traffic in this area if this property was up zoned.
Council Member Turk expressed her wish to have this pulled back into the planning stage to ensure
that this is the correct zoning. She mentioned the Bill of Assurance but still did not feel the
information within the Bill of Assurance was enough in order for her to support this change in
zoning.
Council Member Bunch: Kit, what are our standards for when we look at something. We can
consider it? Or is it spot zoning?
Kit Williams: Spot zoning is kind of a funny term. It has never really been outlawed by the
Supreme Court of Arkansas. Spot zoning is something that is defined as something that is very
different than everything else around it. So, you put a commercial lot in the middle of residential.
That goes back to the older styles of zoning. Now we have mixed use zoning, so we allow
commercial right there by residential and we don't think twice of it. The arguments about spot
zoning have pretty much faded away. You probably shouldn't put something like Urban Thorough
Fare next to Single Family. Because that is such a dramatic change. Apart from that you just need
to look at compatibility. If the zone being requested is going to be compatible with the adjoining
residential or even other zones, then that would be ok. If it is not going to be compatible, then you
can turn it down for that reason.
Council Member Bunch: So, it is supposed to be capricious in nature and kind of malicious, I
guess? I don't know. I always thought it was supposed to be wildly out of character for a
neighborhood. I don't really see this as spot zoning. We have other similar types of property in
an area not too far from this. I am going to be in favor of this because I think if the person is going
to take out one driveway, better access actually, and if they wanted to build if the house was fit to
do anything with, they could also add an ADU to it and come out with just a few units less than
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what they are requesting. I think i am in support of this. I think it is a pretty good fit for this
neighborhood. They have done a lot to make it what we would like to see. I kind of feel we have
put these people through the hoops of fire trying to figure out what we want as a city and they have
tried to come back and work with us. I really do feel this is going to be a better fit for this
neighborhood than what is currently there. It is going to be a vast improvement for the
neighborhood. I think this is totally appropriate where it is at.
Council Member Wiederkehr: I would normally have concerns about the RI-U, but I want to
commend all the residents and citizens who wrote in support or opposition. It was a significant
amount of community interaction on this project. I also want to commend the applicant. I have
never witness anyone else be as responsive to the concerns that neighbors would logically have.
If you are going to build a couple of duplexes, neighbors are fearful about their on -street parking
being degraded by an overflow of both residents and visitors. I think that is a significant move for
this owner to propose both, limiting themselves to two duplexes and further restricting to 3
occupants. There is no capacity for on street parking to be degraded. They are going to handle all
their parking onsite which makes me jump for joy. I think tree preservation would be my one and
only concern at this time. If a structure was in pristine condition and was an example of a historic
structure, I might have second thoughts. I too, in this instance, because of the responsibility of the
applicant, I feel that deserves to be acknowledged.
Council Member Scroggin, talked about the traffic concerns of citizens. He went on to explain
that he understood these concerns but that his main concern was regarding the curb cuts. Council
Member Scroggin stated that since the curb cut issue has been taken care of, he is no longer
concerned. He also explained that he appreciates where the duplexes are being built and said he
would support this item due to needing more houses.
Kit Williams: Mr. Mayor I probably need to point out to the City Council that if you are in favor,
of the applicants request to amend to RI-U subject to its Bill of Assurance, then that would need
to be done by motion.
Mayor Jordan: So, your saying that we've got to have an amendment to change.
Kit Williams, verified what Mayor Jordan had said.
Council Member Wiederkehr: Does both Bills of Assurance, even though we referred to it as
singularly, would include both, correct?
Jonathan Curth: I can speak to that Mr. Mayor. The applicant had submitted a revised version
of his original one which includes both the items. So, it is a single Bill of Assurance with both
items. One was the limitation for duplexes of 4 as a maximum and 3 unrelated individuals.
Kit Williams, as you know I drafted a single ordinance referring to a Bill of Assurance and that
was referring to the latest Bill of Assurance that he just presented to you tonight.
Mayor Jordan: So, we have to vote on this first and then the final?
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Kit Williams: Right.
Council Member Scroggin moved to amend to RI-U with the Bill of Assurance. Council
Member Jones seconded the motion. Upon roll call the motion passed unanimously.
Kit Williams: Just for clarity to the public, let me readjust the title as it was slightly changed.
City Attorney Kit Williams read the title of the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1.
Council Members Jones, Kinion, Wiederkehr, Scroggin, Bunch, Hertzberg, and Harvey
voting yes. Council Member Turk voted no.
Ordinance 6554 as Recorded in the office of the City Clerk
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.
Council Member Bunch 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.
Jonathan Curth, Development Services Director: I don't have any new information or updates.
Staff and the Planning Commission, as a reminder, support the request. Although the Planning
Commission did forward it by spilt vote of 8-1. We received no public comments since the last
meeting. I believe Hunter Adkisson is here as the applicant.
Hunter Adkisson, Applicant gave a description of the rezoning. He addressed the comments that
had previously been made about this "historic structure". He went on to talk about preservation
and stated that there is very little that can be done to preserve the structure as is. He went on to
explain his reasons why he felt that way. He explained that NS-G zoning includes all permitted
uses that RSF-4 does. It also includes general businesses, home occupancy and sidewalk cafes.
Council Member Turk: I think this is for either Jonathan or the Applicant. My understanding is
that they had 6 months to use that in the same way as it had been used previously and after the six
months the historic allowed use would expire. In that time, they have elapsed because they were
working on the foundation or some other structures of the house. Jonathan, were they informed
that they only had a 6-month time period to get that all completed, so that they would retain their
historic use of the building that had been used in that way in the past?
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Jonathan Curth: I can't speak to whether in this specific instance the applicant was advised.
They can speak to that better than I. i know that Ms. Quinlinn, who works with Mr. Adkisson, has
run into that before. So, it is an ordinance that they are familiar with. Unfortunately, we don't
always pick up on changes like this when a property is being used as a non -conforming use until
someone pulls a building permit for something. We are not always aware of what they are wanting
to do and are able to point that out. To answer your question more briefly, no, I can't say for
certain whether this was explained to them on this specific property, but the applicant was familiar
with it on a previous one.
Hunter Adkisson: From my understanding of this case is that the six-month time period lapsed
before the purchase of the property based on the fact that the only other attempted purchase of the
property was for someone who intended to demolish the structure. That is why Alli was able to
purchase it. It is the seller knew because her intent was preservation. That six-month gap is
because no other buyer came forward in that time while the existing use was still happening. I
hope that answers your question Council Member.
Council Member Turk: Yes, thank you, it does. I appreciate that.
Council Member Kinion: I think we got a lot of information from the applicant that has helped
me come to a conclusion that this is a matter of opportunity and trust. I think that moving forward
that we are going to have the opportunity to have the reclamation of a residence of historical
significance in this neighborhood. I trust that they will do that. They are having a record of doing
this and so I can support this knowing that it is going to occur. So, I will support this.
Council Member Wiederkehr: I have expressed the greatest hesitation, not reluctance or
opposition. I think that the preservation of this structure is of such significant value that it actually
benefits the neighborhood for it to remain a living and used structure, as opposed to remaining
vacant at this time.
Mayor Jordan: Jonathan what was the in -fill score on this one?
Jonathan Curth: I believe it was an 8 for this one.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6555 as Recorded in the office of the City Clerk
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 l 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.
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Council Member Kinion 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.
Jonathan Curth, Development Services Director: I have no updates or changes on this item. I
did want to offer a reminder to Council though, somewhat similar to the first item you heard
tonight, the applicant is requesting an amendment to the proposal. The Planning Commission, as
they heard it, was the applicant's request for Neighborhood Conservation. The Commission felt
that RSF-8 Residential Single Family 8 units per acre was more appropriate given the setbacks
that they saw on the east side of Ray. The applicant's interest is still to pursue NC Neighborhood
Conservation given the lots width of 80 ft. which Neighborhood Conservation would allow them
to be spilt one time to build one additional house. To date, the Commission's recommendation is
RSF-8. Staff did support the applicant's original request for Neighborhood Conservation. To date
we have received one item of public comment and that was at the Planning Commission meeting
and it was in opposition to the request.
Mayor Jordan: So, Jonathan, you all recommended the Neighborhood Conservation?
Jonathan Curth: Yes Mayor.
Mayor Jordan: But the Planning Commission decided to go to RSF-8.
Jonathan Curth: Yes Mayor. So, the ordinance as it is written is for RSF-8, if the Council would
like to entertain the applicant's request, they would need to amend it to NC.
Mayor Jordan: Ok, but would the applicant like to speak before the Council?
Conrad Siemek, Applicant: When we spoke last, it seemed like most folks were favorable to
going with NC. I know that Ms. Teresa Turk said she was going to go by the property, and I think
she did. I showed slides before and Jonathan pulled them up showing that the setbacks in that
area, where houses were from the street varied significantly from twenty something ft. to seventy.
I don't want to take up too much of your time to rehash all that. I do think it is still compatible
with the neighborhood. I think street frontage is similar to a lot of other houses around it. In
addition, if we went with RSF-8 we would have to get a conditional use permit and go through
some other hoops to get the house. The other thing was tree preservation, going with
Neighborhood Conservation would allow me to build the house closer to the street which is away
from the two large oak trees that are kind of in the middle of the lot. I appreciate your time and
thank you.
Council Member Turk: I have a question for the applicant. I did drive by last week down Ray
and Dockery. The reason why you are wanting NC, Neighborhood Conservation, is just for the
set back. Is that the main hurtle for building the kind of house you want to build?
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Konrad Siemek: That is a great question. I don't think that would help me to avoid getting into
the oak tree canopy root system. The main reason is the street frontage. Right now, there is a little
over 40 ft. of street frontage which would allow Neighborhood Conservation rezone. This would
allow someone to build a single-family house there. I think for RSF-8 the requirement is upwards
of that. You would get the rezone but still not be able to build something. We would have to do
a lot split. It would just produce additional hurtles. Some of the lots to the south have already
been lot split. There is some kind of a precedent for it.
Council Member Turk: Jonathan, what is the tree preservation requirement for RSF-8 and
Neighborhood Conservation?
Jonathan Curth: They're both about 20%.
Council Member Turk: Thank you.
Council Member Kinion moved to amend RSF-8 to NC. Council Member Hertzberg
seconded the motion. Upon roll call the motion passed unanimously.
Council Member Kinion: I think it seems reasonable when you look at this and understand the
owner wants to develop it. It really, to me, is respectful of the property the way it is with the trees
and the placement of the structure. I think it is appropriate. I will support it.
Council Member Harvey: I just want to acknowledge we did receive some public comment and
the main things that were voiced were crime and disruption of potential wildlife on Mount
Sequoyah and concerns that it is over development. My thoughts there, now that we understand,
he is moving the structure to preserve the trees and so we are not talking about adding more
structures and in terms of the crime is kind of a little bit of different issue. We don't want to bring
that up here. I think that is something that we would talk about in our ward meeting and reach out
to me regarding that. As far as overcrowding, again my understanding it is more about building
to consider the canopies. I think that if another one came up and someone didn't bring that forward
as a consideration, I probably wouldn't consider it because it is a unique zoning in that
neighborhood. We do want to consider that side of the hillside because it is right there at the
bottom of Mount Sequoyah. I appreciate the applicant considering that. The oak trees actually
help storm water management to preserve those trees.
Mayor Jordan: Jonathan, did we get any public comment on this one.
Jonathan Curth: There was a comment in opposition at the Planning Commission meeting.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6556 as Recorded in the office of the City
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RZN-2022-006 (3493 N. Hwy 112Biotech Pharmacal): An ordinance to rezone that property
described in rezoning petition RZN 22-006 located South of West Highway l 12 for approximately
65.90 acres from RA, Residential Agricultural; RSF-8 Residential Single Family, 8 units per acre;
and 1-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General; CS,
Community Services; UT, Urban Thorough Fare; and I-1, Heavy Commercial and Light Industrial.
Council Member Kinion: I need to recuse from this item.
Council Member Harvey moved to suspend the rules and go to the second reading. Council
Member Jones seconded the motion. Upon roll call the motion passed 7-0 with Council
Member Jones, Kinion Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting yes.
Council Member Kinion recused.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director: Similar to the last item, I don't have any
updates or changes to this request. To date, the only public comment that staff has received were
inquiries and the statement of support at the Planning Commission meeting itself. The
Commission forwarded the request unanimously, recommending approval to the Council and staff
is in favor of it.
Jessica Hester, Benedict Family Representative for BioTech, Jessica explained that BioTech was
established over 40 years ago and is a Veteran owned family business. She went on to explain
information about the development and where the concept came from. Jessica is the designer and
architect of this development and stated that she understands that the City Council must vote on
the rezone and cannot consider the vision or master plan. She addressed one of the questions she
received at the previous City Council meeting from Council Member Turk. She explained that the
runoff from this property does flow south into Clabber Creek which does run through the Wilson
preserve. Additional information was provided by Jessica regarding zoning of the surrounding
areas.
Council Member Bunch: I have a question about a little bit of clarification on the 11 acres that
are allowed for easement I supposed to the city. How did we come up with this side of the highway
shouldering the 11 acres?
Jessica Hester: So ARDOT has some public plans available if you dig. You can find their pdf
drawings of their expansion plans. We overlay their expansion plans onto our survey to come up
with that 11 acres. They are not complete plans; I will just add. They are 80%, far enough along
to have all those pages and details.
Jonathan Curth: If it wasn't clear from the applicant's response it is not the city that is acquiring
the right of way. The right of way is being acquired by ARDOT for the 112 expansion
improvements. If you are not familiar with the Department of Transportation's policies or
standards for when they do improvement projects, they typically like to acquire right of way to the
extent of their grading work. In this instance, because they are going to the south and there is a
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fair amount of slope immediately adjacent to the road, then going quite a way to get all the areas
they are grading.
The City Council received 2 public comments regarding this ordinance.
Council Member Bunch moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed 7-0 with
Council Member Jones, Wiederkehr, Scroggin, Bunch, Turk, Hertzberg, and Harvey voting
yes. Council Member Kinion recused.
City Attorney Kit Williams read the ordinance.
Council Member Wiederkehr: I appreciate the applicant's thoroughness of the submittal for our
consideration. The amount of detail was greatly appreciated. I also appreciate the dense and intent
uses to the east which less density and creating open space to the west. I think the community
appreciates that as well. For those reasons I can see this as a valuable transition of pastureland
into productive use.
Mayor Jordan asked shall the ordinance pass. Upon roll call the motion passed 7-0 with
Council Member Jones, Wiederkehr, Scroggin, Bunch, Turk, Hertzberg, and Harvey voting
yes. Council Member Kinion recused.
Ordinance 6557 as Recorded in the office of the City Clerk
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.
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: No updates or changes to the request. Staff
has not received any new public comments since the last public hearing. There have been several
inquiries throughout the course of the project but no clear statements of opposition or support.
Similar to last item, as a reminder, staff does support the request and the Planning Commission
forwarded it unanimously recommending approval.
Brian Teague, Community by Design Applicant: At the last meeting I presented the benefits that
NC has to offer for the development of the property. Generally, it's going to enable us to develop
the property in accordance with the city's long-range planning goals. The front set back that NC
has to offer is going to enable us to bring the houses closer to the street and really create a tighter
street scape which is going to have a number of different benefits. One being it is going to create
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more social opportunities for the residence. Other benefits being that narrower street-scapes is
going to slow down the vehicles travelling through the space which is going to make it safer for
pedestrians. Ultimately it is going to make it more walkable. It also provides and environmental
benefit. That more compact street cross section is going to enable us to preserve more tree
preservation on the edges of the property, on the hillside next to Centennial Park. It will also
enable us to provide more streamside preservation. I ask that you approve the rezoning this
evening.
Council Member Turk: I have a question for the applicant. I was looking through the packet
and there is a substantial portion that is on the hillside hilltop overlay. You mentioned that it would
allow you to leave the trees and that sort of thing but are you going to build in part of the hilltop
hillside overlay? Or completely build around that? It is unclear to me because that kind of
information is not included in our packet.
Brian Teague: Part of our plan is to build in portions of the hillside hilltop overlay district. The
density that we are proposing to build there is significantly less of that that we are proposing on
other portions of the property.
Council Member Turk: That is because you are allowed to build, if it is NC Cluster Housing, is
that accurate? I have concerns about the hillside hilltop overlay obviously because of the soils and
also the slope. If you could expand that answer a little bit I would appreciate it.
Brian Teague: The cluster development use is allowed in either RSF-8 or NC. Essentially what
NC is going to enable us to do is to preserve more of that steeper slope or preserve more of the
streamside areas on the west side of the property.
Kit Williams, City Attorney: I would like to comment that the hillside hilltop overlay district was
not designed for family development. Instead it requires certain kinds of development and more
protections, less disturbance of the hillside and things like that which are more protective of the
hillside hilltop but not to prevent development there. It cannot be viewed that way. If a zoning
request is made, and it includes that, you can't say well I am not going to rezone anything on the
hillside hilltop, unless you want the city to buy that from the property owners. We have a lot of
hillside hilltop. I think it would be pretty expensive for us to decide that we are not going to let
anything be built there because that means the city is going to be buying all that land. That is also
a development sort of situation, not a zoning issue. Just like if you have to cut some trees down,
that is a development issue. What number of trees are going to be protected under our tree
preservation plan. That is a development issue not a zoning issue. We need to stick to the real
zoning considerations. There are many of them, but we need to back off of what development
issues and only concentrate on zoning considerations when you are considering a zoning.
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.
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Council Member Wiederkehr: I am not persuaded that changing the zone preserves more trees
or more stream bank. The number of dwellings remains the same. The square footage remains
the same. That said I find myself able to support this under the notion that by structure being able
to be shifted forward toward the street. My hope is that larger shared courtyards are created for
the cluster housing groups. That shared space preserves trees internal to the clusters of homes.
This is in a way a cautionary tale for Fayetteville. Normally cluster houses are in one cluster in a
neighborhood. So, we have 15 here. I think that is a grand experiment for Fayetteville. For us to
find out if this is tenable, if this works and this capital investors willing to take that risk. For that
reason, I am able to support this. We already have the assurance that there is no additional
dwellings or loss of dwelling by the zone change. There is no loss of off-street parking spaces.
For all those reasons I am finding this a reasonable zone change to approve.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Bunch, Hertzberg, and Harvey
voting yes. Council Member Turk voting no.
Ordinance 6558 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, spoke about the location of the property. He
went on to discuss the background of the property. He stated that the property was rezoned in
2019 from Downtown General to Main Street Center. The Planning Commission received and
approved this property to have live music on a probationary period of 3 months. There was also a
3 strikes provision approved for this conditional use permit. Jonathan went on to explain that once
the probationary period was over the Planning Commission extended the conditional use for one
year. After that one year was completed the owners brought the conditional use permit back to the
Planning Commission. The Planning Commission approved the conditional use permit with no
expiration date. This decision was appealed to the City Council. The City Council made the
determination to do away with the no expiration date clause and only approve it for an additional
year. Once this permit expired the owner requested to continue to use the property for live music.
This request was made to the Planning Commission and included additional request to be open for
additional days and hours. Jonathan went on to explain that there had been substantial public
comment sent in regarding this property. There were many individuals that were opposed to the
extension of the permit due to their frustration regarding noise. There were also individuals who
spoke out in favor of the venue continuing to operate as is. Jonathan gave additional information
regarding the decision of the Planning Commission. He stated that the Planning Commission
approved the permit indefinitely and the existing hours were kept the same. The Planning
Commission did not approve for the venue to be open an additional hour on Thursday evenings.
The enforcement was also changed from the three -strike language to language that can be found
and verified in city code. Jonathan went on to explain that for this item the City Council is sitting
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as the Planning Commission. He also stated the options that the City Council has for this item is
to either affirm, amend, or deny/revoke permit.
Council Member Kinion: I felt like it was necessary in order to sponsor this item in order to
have open discussion. There is a lot of cultural history in the music scene in Fayetteville. This is
anchoring the south end. It is right on the boarder of Ward 2 and Ward 1. 1 felt like, also, there
was this agreement to only ask for the extended day. I felt like this was an incredibly generous
compromise. I felt like this was certainly important to bring it forward.
Council Member Harvey: Thinking about this is the cultural arts corridor, where we are moving
closer to the completion to the corridor, The Ramble, so we want to go along with that spirit. Have
this kind of a gentle continual movement toward that full embracing of the creative economy in
that area. I just wanted to bring it forward for discussion as well but also in support of the creative
economy.
Council Member Jones: I felt like it was necessary to bring it forth for two reasons. Making
sure that those individuals who have voiced concern, making sure they are heard. Also, making it
known that this is important to Fayetteville's growth and development and how the arts are very
essential to that growth and development.
April Lee, Applicant, addressed the different concerns like the hostility toward neighbors, the
ticketed violations and sound monitor and mitigation. April went on to explain what happened
after a recent Planning Commission meeting. April stated that she was not involved in the incident
nor were any of her employees. She went on to explain what happened when she received the
tickets regarding noise complaints she received. She stated that she has been working diligently
on sound mitigation and she has tightened up the contracts. April expressed her sadness when it
came to receiving these tickets and has taken every opportunity to learn more about noise
mitigation. April went on to explain the importance of being granted the ability to stay open for
an additional hour on Thursday evenings.
Council Member Jones: I don't have any questions, but I would like to say that I have had the
pleasure of attending one of the shows. I echo what April has said. It's a great environment. I do
believe that by not allowing her this extra hour we will be holding her back from achieving
optimum success. I certainly don't want to do that. April, thank you so much for doing what you
can to make the situation better. I think we all know that there is no perfect solution. Almost
always there will be some individuals who will be disgruntled. April has been proactive and done
what she can and what she could do as it relates to addressing the challenges that were before her.
I am offering my support to Prairie Street Live making sure that we are able to continue to help
address any concerns and be of support to April and to those who have those concerns.
Council Member Turk: I have a question for the applicant. Thanks, so much for coming forward
tonight and acknowledging some of the issues that have happened. You mentioned that you will
be monitoring the sound. Can you describe how that is different than how you monitored it before?
Are you using different equipment or taking extra readings? Can you just describe how this
process may change?
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April Lee: So, it is twofold. Number one, I ordered a calibrated decibel reader. I am not sure
that the one I had before met the standards of the Fayetteville Police Department. I also left the
monitoring in someone else's hands. At this point, I am the one who is walking around monitoring
it. It is solely my responsibility.
Council Member Turk: So, will you be monitoring it across the street or just within the purview
of your area? I am really concerned about the complaints we have gotten from the neighbors. I
am trying to get a better handle on how we can prevent these kinds of problems in the future.
April Lee: So, the Fayetteville Police Department takes the readings at the perimeter of the
property. I have done that, but I have also gone so far as walk 600 ft up West Street to the top of
the hill where we apparently are a nuisance. I stood out front and tried to take readings. We tend
to be in compliance right at the perimeter and when I walk up the street, we are still in compliance
but I still think that the noise is traveling straight up West St. I am not sure if that is because of all
of the trees and shrubbery that was cut down on the south side of the property. Nonetheless, when
I have gone up there this year, we have been well below what is requested and required of us.
Council Member Turk: You mention that you are in the process of planting willow trees. How
far along are you on that? Are you going to finish planting those trees quickly?
April Lee: We fully expect to finish them this week. We've got at least over half of them in the
ground. We planted them on the north side which is where a lot of the complaints occur and that
is also where its residential and 60 db. We've also planted them on the east side. Which it is 75
db over there but again that is where I feel the sound travels straight up West St. We intend to get
all of those in the ground, otherwise they are going to die in the boxes.
Council Member Wiederkehr, asked additional questions about Prairie Street Live's clientele
when it comes to doing business with the UofA. He wanted to know if it included fraternities,
sororities, or other clubs.
April Lee: All of the above.
The City Council received 2 public comments regarding this Resolution.
Council Member Wiederkehr: I would like to ask a question of staff. Are the hours of operation
the strict hours of operation or are those the hours of amplified music?
Jonathan Curth: Do you mean in terms of the noise ordinance itself?
Council Member Wiederkehr: No, in terms of Thursday at 9:00 pm. Or the other stop hours.
Are those operational or amplification?
Jonathan Curth: The way the permit is written is that it would be amplified music. They were
approved for low volume music throughout the week. I am not certain. The applicant may be able
to answer whether they keep ambient music before or after those events, but the louder or larger
events or performances are limited by those hours.
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Council Member Kinion: Do we need an amendment to make it just Thursday? Seems like
there's an additional day.
Kit Williams, City Attorney: The way we drafted the resolution is we basically said if you want
to pass it you would grant the permit for conditional use, but it would be subject to the following
conditions or the change conditions. We didn't put the change conditions down because we didn't
know what City Council would like to do.
Council Member Kinion: That is what was confusing me. So, we need to state this evening what
the change conditions are. What we have been asked to do is to extend the hours until Thursday
at 9:00pm. I would like to propose that we add that to the resolution if appropriate.
Kit Williams: Yeah, you would amend the resolution to add that as a condition before we ever
vote finally on the resolution.
Council Member Kinion: Before I get there, I have a question for the applicant. So, the
additional day is what I am going to ask about. It was requested and granted in the previous
conditions, right?
April Lee: No, it wasn't.
Council Member Kinion: Ok. So, you just asked for it to be considered.
April Lee: At this point the additional day is inconsequential compared to the one hour on
Thursdays.
Council Member Turk, spoke about the history of Prairie Street Live. She expressed concerns
about the amount of complaints that the venue has received. She went on to explain that she would
not be supporting this amendment.
Council Member Hertzberg asked the meaning of conviction of violation.
Kit Williams, spoke about conditional use permits and how the Planning Department is notified.
He went on to say that once the Planning Department receives the complaint they decide if it is a
credible source of complaint and supporting information. Mr. Williams when on to explain that if
the complaint does contain supporting evidence or information then the Planning Department
brings the item back to the Planning Commission. Then the Planning Commission can decide if
the condition was violated and could revoke the permit, find the complaint without merit, or place
new conditions on the conditional use permit.
Council Member Hertzberg: The Planning Commission are the ones to convict of the violation,
right?
Kit Williams: That is right. Right now, you are sitting as the Planning Commission. If there is
a violation of any of these conditions that is a substantial violation as determined by the Planning
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Department then they would bring it to Planning Commission itself, not to you. Although, it could
be appealed again but it would be brought back to the Planning Commission to consider the
conditional use and whether it should be continued or modified.
Council Member Hertzberg: So, how do the citations from the Police get back to Planning?
Jonathan Curth read city code in order to clarify the question that Council Member Hertzberg
asked when it comes to violation.
Kit Williams, the conviction would be as the judge decided. There could be a citation issued but
that is not the end of the story. The City Prosecutor then has to prosecute, and it is up to the
Municipal Judge then to determine if the case was proven beyond a reasonable doubt. It is a long
process to get an actual conviction.
Council Member Hertzberg: Thank you for the clarification.
Council Member Kinion, thanked the City Attorney for providing additional information about
the legal definition for conviction of a noise violation. He also spoke about what changes the
owner has made regarding mitigating noise. He voiced his gratitude to the owner for stepping up
and taking control of the venue.
Kit Williams: My understanding is that normally with conditional use, you violate a city
ordinance, like the noise ordinance, that is good enough. As you said Mark, it doesn't have to be
a conviction for conditional use. That is even stronger if it goes to court and been found guilty but
that is not required to bring it back to the Planning Commission. It just has to be something that
the Planning Department feels is substantial violation that they should present it to the Planning
Commission.
Council Member Kinion: So, what we have written into this resolution is subjective. Kind of in
a serious way as it would go back to the Planning Staff to consider the seriousness of the situation
and would not have to be a citation. So, they're under the gun with this new resolution the way I
look at it. Am I right Jonathan?
Kit Williams: Even if they played beyond the time, that is not a noise violation. That is a violation
of their conditional use.
Council Member Kinion: Then I think that would be here also, right?
Kit Williams: Right.
Council Member Kinion: So, if they went overboard, where it was 10:30, then they have lost
their conditional use if it is so decided by the Planning Commission. This is a pretty restrictive
resolution. I do think the applicant has earnestly accepted responsibility and made some
corrections. This is the last chance. Without any question a violation could be decided based on
the seriousness about it by our Planning Staff then go to the Planning Commission. Then the
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Planning Commission could remove the conditional use at that time. I am going to support this. I
am going to support it based on the tightness that the conditional use could be revoked.
Council Member Turk: We have constantly received letters from property owners that were
there first before Prairie Street Live was there. We have been very proud of the Mill District,
supporting that area, its grown. The condos that are in the Mill Street District area and the music
goes straight to the condos that were there before. We have had complaints from up the hill about
noises. We have had an unfortunate interaction recently at the Planning Commission meeting
between a neighbor and a supporter of Prairie Street Live. I think we need to think about who got
there first, who invested their money in that location and now they can't even open their window
at night on some nights. We need to think about if that had happened right next door to us. I
would be very unhappy. I would be coming out here and saying why are you allowing this group
to continue to exist when they have had lots of violations and complaints. Every time they come
back, they get more and more nights and more and more hours. I love outdoor music. We need
to also be sensitive to our community and who were the people who invested a lot of their
livelihood before they had amplified music at night. Please think about those items too.
Council Member Jones: I want to echo what Council Member Kinion said. April has done what
she could do as it relates to committing to make the necessary changes. For me that speaks
volumes. It also speaks volumes that we are supporting the arts. I am going to support this and I
am hoping that things will get better and we will have an outcome that everyone will appreciate
and enjoy.
Council Member Harvey: I think a lot of things we deliberate here at City Council is about the
current, the present and the future. It's a difficult situation because we want to make everyone
happy and it is a though situation. I see the future of this ahead to really embrace the arts. We
want to be considerate of the neighbors and I appreciate Mr. Mesner for coming and talking to us.
Telling us about the issues he is having. That is not fun at all. I wouldn't like that myself. Also,
this area is growing to be this cultural arts corridor, so it is this weird balance for us to think about
how we embrace that new forward direction and balance it where we have been. I had a business
in that building as well for about one year or two years. I am aware of that space and how it is and
how it works. We did get the vote of the public. The public voted for the cultural arts corridor so
that also affirms this kind of general direction. Now it does not affirm breaking noise ordinance.
I feel like April is really stepping up and saying that she is taking full control. We are trying to
find a balance and I appreciate you being here, but I am going to have to support it for this one
extra hour.
The City Council allowed I additional public comment regarding this Resolution.
Council Member Bunch: I know this area is growing down there and I am thinking of all the
things that have been added since those middle condos were put in. There is a lot that has been
changing in that area. We have Prairie Tap, Walgreens, the Neighborhood Market, and then what
is going across the street where the old co-op used to be. There's lots of housing down there now.
I have talked to several people that live right across the street from Prairie Street Live and
surprising they don't have a lot of complaints against it. I was really surprised at that because they
are right across from it. This is something that is challenging because I want to support the arts
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but I do also feel that people have the right to enjoy their homes and this is a challenging area
because it is growing. Also, it is because the way it is growing with mixed use. It is not all housing.
It is not all commercial. It is a little of everything now. I am going to support this because I am
going to reiterate what Council Member Kinion said. I believe we have enough security with that
conditional use permit that it is tied up enough there. It is something that is really challenging,
and I think we are going to come up against stuff like this in other parts of town too.
Council Member Kinion, talked about the development of the noise ordinance over the years.
He went on to talk about other venues that have live music in the area like George's. He expressed
his support for this resolution and talked about the creation of this vibrant urban area.
Council Member Turk: Jonathan, is Prairie Street Live in the entertainment district or not?
Jonathan Curth: That is a good question. When you say entertainment district do you mean the
outdoor refreshment area?
Council Member Turk: I guess what I am referring to where the noise ordinance has changed.
Jonathan Curth: Thank you for the clarification. Our noise ordinance is not specific to certain
regions of the city. It is tied to zoning districts and their uses. In the broadest of terms it is tied to
residential uses and commercial uses and industrial uses. There is language in our outdoor music
ordinance that specifies that the city should encourage outdoor music in areas near Dickson. I
believe between Arkansas and Block. Otherwise the noise ordinance is blind to what your address
is. It is all about the use of your property and the surrounding properties.
Council Member Turk: Thank you for clarifying that. How did we solve the George's
challenge? Wasn't George's required to encapsulate and put a roof on there? Wasn't that the
solution to many of the complaints around Dickson St?
Kit Williams: That is where the noise ordinance actually was first enacted. There was a real
struggle. George's built a very tall block wall that basically contained the music. It would still go
up, but it really didn't bother most of the neighbors anymore. That was the expensive thing to do.
I thought it was a good solution. I was very disappointed that they decided to do the alternate
solution then cover it over with a roof, so it was no longer the George's Beer Garden. Not only
that but then the bands started playing much louder. Louder than what I like so I basically stopped
going. I loved it when it was the Beer Garden and I didn't like it so much when my ears rang after
every time I went there. It's a very difficult situation, you should not think that the noise ordinance
will solve outdoor music problems. That is why it is a conditional use. One of the most important
things on a conditional use is limiting the amount of time so that when you have a neighbor, they
know when the music will stop. I think you need to continue that kind of limitation for the
amplified music no matter where it is so that even though the neighbors might be bothered by it,
they at least know at ten it is going to stop on Thursdays. That is later for Friday and Saturday but
at least they know that it is going to stop. I would certainly encourage the proprietor of Prairie
Street Live to make sure that they do not violate the time limit. Because noise ordinance itself is
not enough. The noise ordinance allows enough noise that if you are trying to go to sleep you very
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well might not be able to. I think the time limitation is very important and you should be very
careful continuing to extend that.
Council Member Kinion, talked about the entertainment district and past events when it comes
to Ward 2. He went on to talk about the need for unified support for this area. He explained that
we do not have a specific area that is determined to be the entertainment district due to having
different zoning all around Fayetteville.
Council Member Wiederkehr, spoke about Ms. Lee's presentation. He explained that he had
concerns about amending the CUP but greatly appreciated Ms. Lee's presentation and the changes
she has made in order to keep her conditional use permit.
Council Member Scroggin: On Saturday night how late can they stay open?
Jonathan Curth: Friday and Saturday to 11:00 pm.
Council Member Scroggin: I was just double checking. They have an event this weekend and
it is supposed to be one hellish night, Doomsday at Prairie Street Live.
Council Member Kinion moved to amend the resolution to extend the amplified music to
10:00 pm on Thursdays. Council Member Jones seconded the motion. Upon roll call the
amendment passed 5-3 with Council Member Jones, Kinion, Bunch, Hertzberg, and Harvey
voting yes. Council Member Wiederkehr, Scroggin, and Turk voting no.
THIS AGENDA ITEM WAS AMENDED BUT NOT PASSED. THIS AGENDA ITEM
WILL BE ON THE MAY 3, 2022 CITY COUNCIL MEETING.
New Business:
Bid #22-35 Razorback Road Construction: A resolution to award bid #22-35 and authorize a
contract with FIintco, LLC in the amount of $2,398,991.26 for the construction of Razorback Road
from the University's Administration Services Building to Hotz Drive, to approve a project
contingency in the amount of $100,000.00, and to approve a budget adjustment to recognize
revenue in the amount of $1,372,516.00 from the University of Arkansas and $334,055.00 in
federal -aid funding and to move $792,421.00 from the W&S impact fee funds to the project.
Chris Brown, Public Works Director, talked about the project and explained it is located on
Razorback Rd. This will include a 6 ft. sidewalk and will complete the sidewalk on the west side
of Razorback Rd. He went on to explain and provide the costs for this project and further explained
that the City of Fayetteville is the contracting city due to the requirement of federal aid funding.
The City of Fayetteville also bid sewer work in this area as well in the amount of $792,000. He
also explained that this is a time sensitive project and that the UofA would like to have this project
completed in the summer months.
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Council Member Turk moved to approve the resolution. Council Member Jones seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 88-22 as recorded in the office of the City Clerk
RZN-2022-012 (1893 & 1909 N. Stephen Carr Blvd./Eubanks): An ordinance to rezone that
property described in rezoning petition RZN 22-012 located at 1893 and 1909 North Stephen Carr
Boulevard in Ward 2 for approximately 3.5 acres from RA, Residential Agricultural to CS,
Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director, gave a description of the property and
explained it was in Ward 2. He went on to explain that this property has several buildings on it
including two houses. He stated that the rezoning request is asking to change this property from
Residential Agricultural (RA) to Community Services (CS). Jonathan explained that city staff and
the Planning Commission agree with this rezoning and explained that similar changes in the area
have been noted.
Seth Mimms, applicant, spoke about his appreciation of city staff. He went on to explain his
request for a change from Residential Agricultural zoning to Community Services zoning. Seth
talked about the area and that this property is on the Meadow Valley Trail and the fact that it is
near the new Police Department Building. He went on to say that the neighbors that he had reached
out to did not have any issues with this property being rezoned. The property owners and neighbors
would like this area to be cleaned up since many people have started dumping trash on this
property.
The City Council received I public comment regarding this Ordinance.
Kit Williams, City Attorney: That drainage is obviously a development issue, handled during development.
As you all know you passed a recent change to our drainage code making it even more protective. I would also
ask Chris Brown to further explain whether or not there's going to be increased flowage out of this land once it
is developed or whatever our regulations require.
Chris Brown, Public Works Director: It's typical development requirements. There are water quality
requirements, channel protection downstream, flooding events that are required to be mitigated, all the standard
requirements will be in place for water quality detention. Each project is looked at on a case by case basis. The
developer would have to do a drainage study. Demonstrate they are not increasing flows downstream or causing
other issues. That would be part of the development review. It would be based on the intensity development
and impervious area.
Mayor Jordan: Is it in our ordinance too, Chris, that the post flooding will not be worse than the pre -flooding?
Chris Brown: Right. That is the downstream flooding element. Again, there are water quality protections and
protections for downstream channels to protect them from erosion.
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Kit Williams: My major point was that, this is really a development issue. It's not a zoning issue. I would hope
you would stick to the zoning issues when you are considering a zoning request.
The City Council allowed 2 additional public comments regarding this Ordinance.
Council Member Harvey: I have a comment for Ms. Brown and Ms. Cindy. On the horizon,
and I know it is not fast enough. We are looking at a stormwater utility. We know we have a back
log of stormwater issues. The ordinance that we recently amend to make sure we don't create
more water flow. Essentially the water that comes on that property has to stay on that property. It
cannot affect other property. That is how we wrote the latest ordinance that did not apply to the
properties that you mentioned. We should have had a storm water utility; we should have had a
stronger ordinance. Now going forward we will. We are working on doing better. We want to
stay in contact with you both to make sure that your property gets continued to be safe and not
flooded from the development. We are very aware, and we are working on it. I want you to know
that in terms of the other issues like the creek being dirty, that needs to be addressed in a cleanup
or something. The impact to the lower income neighbors, is very close to my heart, so we are
aware of that. Hopefully now our codes help protect that. We need the development to be
considerate of all peoples in that area. I want you to know that I am on the Stormwater Committee
and we are working on getting some things rolling.
Mayor Jordan: It is very high on the priority. It is at the Council level right now.
Council Member Scroggin: Which direction does this drain? North or South?
Jonathan Curth: There is a high point on the northern most house. Which represents where it
breaks either flowing to the north or the south. The majority of the property does flow toward the
south to a tributary of Hamestring Creek. So, it does not go directly to Hamestring but the tributary
does connect just west of interstate 49.
Council Member Scroggin: I don't think we should burden this individual land with fixing
Hamm String Creek. We should just fix Hamestring Creek regardless of what is happening here.
I hope that we look at that. There are enough questions that I don't think we should vote on it
today. I know that the police said that they don't have any issues. I assume that is a traffic study.
I would like to ask the Police Chief, or a representative, if they are ok with this being located right
next to the police station. I assume what they filled out has certain metrics that have to do with
traffic.
Captain William Brown, Representative for Chief Mike Reynolds: We had no objections to this
rezoning request. We are happy to be neighbors with anyone.
Mayor Jordan: I checked with them before.
Council Member Scroggin: I will probably vote for this. I don't see a reason not to. I think we
do need to get citizen's questions answered. I am ok if we wait to vote on this and not move it
forward. We are talking about climate change. The evidence that if you put people in high density
that are per capita carbon and pollution and other issues, is insane. If you double the density you
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April 19, 2022
Page 23 of 32
have the pollution that they produce. If you want to talk long term environmental issues it is
usually in higher density. You have to do it responsibly. We would look a lot closer at the
developmental stage. I agree that Hamm String Creek needs more regardless of what happens
tonight.
Council Member Wiederkehr: I want to thank the residents for coming out. It is always a really
a privilege that such articulate people express concerns. Your concerns are clearly valid in the
sense that we are looking at a FEMA floodplain both north and south of this property. Nothing
this property does amends or alter the FEMA floodplain that already exists. In my way of thinking
a larger development vs a smaller development, in some instances, would be advantageous to the
neighbors in the sense that once you are constructing 10,000 sq. ft. or more the most stringent
stormwater runoff requirements are triggered. Therefore, greater retention on site, greater
mitigation of any other hazards. I believe that it is possible that the property could be responsibly
developed. In no way would it be able to undo the existing flood hazards that are already there,
and neither are they responsible for undoing those. They simply cannot exasperate or increase the
flood hazard to the neighbors. I want to say the concerns that you express are perfectly valid and
we will be attempting to balance the rights of those surrounding it with the rights of the property
owner to develop it responsibly. Thank you all for coming out tonight.
Mayor Jordan: So, what I am hearing is that you want to leave it right here and pick it up in two
weeks?
Council Member Turk: Yes, that would be my wish.
This ordinance was left on the First Reading.
RZN-2022-013 (NE Of S. School Ave. & W. 22nd St./Graham House, LLC.):
An ordinance to rezone that property described in rezoning petition RZN 22-013 located Northeast
of South School Avenue and West 22nd Street in Ward 1 for approximately 1.35 acres from C-2,
Thorough Fare commercial to CS, Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director spoke about the location of the property and
explained that it was in Ward 1. He also explained that this area is currently not development and
the rezoning request is to change the zoning from Thoroughfare Commercial to Community
Services. The applicant would like to build residential home but also allow for businesses to build
in this area if the zoning was changed to Community Services. Jonathan also talked about the
differences of what is allowed within Community Services vs Thorough Fare Commercial. He
also talked about the future land use and that staff and the Planning Commission felt this is an
appropriate area to zone Community Services.
Hunter Adkisson, Applicant, thanked Jonathan Curth and city staff for all the help they have
provided to him for this request. He went on to explain that this rezoning meets all requirements
and future use plans of the City of Fayetteville.
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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 7-0 with Council
Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting yes.
Council Member Bunch was absent. (Council Member left the Zoom room at 8:33 pm)
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 7-0 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting
yes. Council Member Bunch was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting
yes. Council Member Bunch was absent.
Ordinance 6559 as Recorded in the office of the City Clerk
VAC-2022-005 (West Foxglove Dr./Adventure Subaru): An ordinance to approve VAC 22-005
for property located at West Foxglove Drive in Ward 2 to vacate a portion of a general access and
utility easement.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director, provided information regarding the property
and explained it is in Ward 2. He went on to explain that this request deals with two different
easements regarding this property of which the utility companies have agreed to vacate. He also
requested that the City Council amend the ordinance to strike out condition 1 located in the
ordinance packet.
Mr. Jorgensen, Applicant: Good evening Mayor and Council. We appreciate the stats report on
this. We prefer the amendment. Even if there was a water line we would replace and relocate.
Beyond that we do appreciate staff s time reviewing this application and the Council's time this
evening. If you have questions, we would be happy to answer.
Council Member Turk: Mayor I have a clarifying question. So, Jonathan, the reason why you
want to strike that is because there is no water line there. Is that correct?
Jonathan Curth: That is correct.
Council Member Hertzberg moved to amend the ordinance to strike out condition 1. Council
Member Harvey seconded the motion. Upon roll call the motion passed 7-0 with Council
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Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting yes.
Council Member Bunch was absent.
Kit Williams, City Attorney: I want to comment that Council Member Bunch has been joining us
from Portugal. Which is several hours later than us. I appreciate that she was able to stay with us
a long time.
Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Harvey seconded the motion. Upon roll call the motion passed 7-0 with Council
Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting yes.
Council Member Bunch was absent.
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 Kinion seconded the motion. Upon roll call the motion passed 7-0 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting
yes. Council Member Bunch was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting
yes. Council Member Bunch was absent.
Ordinance 6560 as Recorded in the office of the City Clerk
VAC-2022-008 (NW of 481 S. School Avenue/Mill District LLC): An ordinance to approve
VAC 22-008 for property located Northwest of 481 South School Avenue in Ward 2 to vacate a
portion of an access and parking easement.
City Attorney Kit Williams read the ordinance
Jonathan Curth, Development Services Director explained that this property is located
downtown and is currently zoned Main Street Center (MSC). The applicant has requested to vacate
the easement since it is no longer needed and to make room for a new development. He went on
to explain that staff recommends approving.
Tom Bourdeaux, Applicant: Jonathan pretty much encapsulated everything I might need to say
about this. Pending any questions that you might all have; this is an easement we put together with
our neighbors. They sold their property and their plans never came to fruition. They were going
to build a parking lot where the building is. We like to get rid of this easement once and for all.
We would like your help to do it.
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Council Member Kinion moved to suspend the rules and go to the second reading. Council
Member Harvey seconded the motion. Upon roll call the motion passed 7-0 with Council
Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting yes.
Council Member Bunch was absent.
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 Kinion seconded the motion. Upon roll call the motion passed 7-0 with
Council Member Jones, Kinion, Wiederkehr, Scroggin, Turk, Hertzberg, and Harvey voting
yes. Council Member Bunch was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6561 as Recorded in the office of the City Clerk
American Rescue Plan Act Funds: A resolution to authorize the approval to elect the standard
allowance of $10,000,000.00 in revenue losses due to the public health emergency created by the
COVID-19 pandemic from the previously awarded American Rescue Plan Act Funds.
Paul Becker, Chief Financial Officer: Good evening Mayor and Council. We had quite a lengthy
discussion at the Agenda Session concerning this issue. Basically, this is request or presenting to
the Council the decision that we could make to use $10 million dollars as a standard deduction
from the American Recovery Act Funds for revenue reimbursement to the city. What that would
do is move $10 million dollars into the city for use in public purposes projects. Those would be
the normal projects that the city normally funds. We have already approved $1.8 million dollars
for service awards in December to the employees of the City of Fayetteville. We did that because
during the year of 2021 the employees did not receive a salary increase. We have already moved
$1.8 million dollars. This would move another $8.2 million dollars into that category. Essentially
what it would do is give the city a greater flexibility to address different programs that wouldn't
necessarily be authorized by the ARPA fund rules as delineated in the final rules. I want to put up
a slide and discuss the slide I hope this simplifies a little bit where we are and what we are
anticipating with the ARPA funding. If we look at the upper left quadrant, look at non -profits that
is what we have discussed so far. We have three programs available for non -profits, a beneficiary
to be reimbursed for losses either due to revenue or additional expenditures. There are large
beneficiaries that would be in excess of $5000.00. For the smaller beneficiaries under $500000
we have a streamline application that we would process to address those particular beneficiaries.
The major program would be sub -recipients. The sub -recipients would agree to sub -recipient
agreement with the city. In other words, they would agree to follow all of the regulations involved
in federal grants. Remember this is a federal grant and we still have to follow all federal grant
programs including uniform guidance which talks about internal control of grant funds and
ensuring that any sub -grantee can meet those requirements. We have talked about those and the
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non -profits and the City Council has allocated $ l million dollars to that thus far. Also, in ARPA it
provides for infrastructure programs specifically the infrastructure programs identified are Water
& Sewer, Water Quality, Broadband, and it could have some other programs, but we have to tie
them very tightly to being caused by the pandemic itself. The other issue we had anticipated, and
if we look at the lower right quadrant, we will see work -force development which we haven't
discussed yet but intend to discuss in the near future. That $10 million revenue reimbursement, if
in fact the city decides to do that, would give us an extra $8.2 million that we could program based
on the City Council wishes for other programs. That could be used for anything with a public
purpose. Best to identify some of the things that we could look at and we haven't looked at very
specific programs because we haven't developed them yet. We don't have the time; all of the
department heads and division heads would have to be involved to submit programs to look at and
evaluation. We don't have time to do that until we know if the City Council is interested in doing
that. Remember we have till 2024 to obligate these funds. Some of the things we could look at
are drainage and stormwater. We could look at expanding that. We know we all have complaints
for drainage. We all have stormwater issues. You hear it from your citizens all the time and you
have heard it tonight. Could also look at Park improvements. When we vetted this through, the
parks board identified Walker Park as something that maybe we could look at expanding. Getting
it back up to standard and expanding some of the programs for Walker Park which would address
some of the citizens in our lower economic status so it would address a couple of things at that
point in time. The other thing that we could look at is sidewalks. I know you always hear
sidewalks; we never have enough money to fund all the capital projects. Or you could look at
other expenditures. What it would do is allow more flexibility for the Council to pursue other
things beside just the restrictive water and sewer and water quality and broadband applications
which are specifically identified in the infrastructure. That is where we are right now. Thus far
we have appropriated $3.2 million dollars. If in fact we transfer the remaining $8.2 million to
make up the entire $10 million for the revenue reimbursement, we still at this time have $5.6
million unallocated. We would get another $750,000 remaining when we move the money in for
reimbursement. So, we would have a total of approximately $6.4 million to spread in these other
areas. We intend to come forward and talk about these other areas in the future. What I wanted
to do tonight is give you a global picture of what we had in mind and what we need to discuss
moving forward. The question at hand is, do we wish to apply for the revenue reimbursement, the
full standard $10 million and move forward. Now I will say from listening to the municipal league
and advice from the municipal league they are advising the cities in Arkansas to do that and take
the standard deduction if at all possible. Prior to that they were advertising to look at infrastructure
projects carefully, but this would broaden the ability to look at some of the infrastructure programs
and some of the things that we were unable to fund because of the coronavirus. With that I will
be happy to take questions.
Council Member Turk: Mayor I have a question for Paul. The infrastructure investment and
jobs act was passed in November of 2021. 1 am wondering how much the City is going to get from
the infrastructure act from the federal government. It would seem that there would be quite a bit
of funding headed our way from the federal government that would be able to cover some of these
projects that you are mentioning.
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City Council Meeting Minutes
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Paul Becker: I can't answer that for you at this point. Most of that money is to be earmarked for
transportation. We haven't got the definitive rules on that yet. So, I can't answer definitively on
that. I believe most of that is supposed to come through the Department of Transportation.
Susan Norton, Chief of Staff. I only add that we do get notification as soon as information rolls
down the hill, we get our information from the National League of Cities. They are very quick to
let us know which areas to be looking at. We don't have any definitive information right now.
Council Member Turk: Thank you. It seems like there is going to be additional funds flowing
and I thought it was much broader than transportation. I am glad you put this slide up, it helps a
little bit in understanding your thinking on the city and what that proposed $10 million would do
for revenue. Last week you mentioned that the city had $6.9 million that was identified as a loss
due to COVID, do I have my numbers right?
Paul Becker: That is what we calculated, what the Municipal League is advising is that most of
the municipalities don't even bother calculating because it is rather difficult calculation. Based on
the format that we had, we calculated $6.9 million. Again, that could be done incorrectly, it could
be a little more, it could be a little less.
Council Member Turk: Ok. Thank you.
Council Member Harvey: I want to say thank you for the visual, super helpful.
The City Council received 1 public comment regarding this resolution.
Mayor Jordan: In the chart that Paul showed, he did show water quality in the chart, correct?
Paul Becker: Yes, it did and that is available for funding. I did want to add that at the request of
the Environmental Action Committee we are going to be bringing forward a request to use ARPA
funds to begin a contract to begin to study that in the neighborhood of $200,000. We expect to
bring that forward at the next Council meeting.
Susan Norton: It will be on 05/17/2022 because of the deadline we just passed.
Mayor Jordan: Council, I just want to say before you make motions and vote or discuss this.
Keep in mind this particular chart. These are topics that y'all can look at, not look at because at
the end of the day you all will be making recommendations. We can talk about whatever you want
to but these are kind of some outliners that it can be used for, it doesn't have to be used for it. It
just gives you the option.
Council Member Jones: Mayor Jordan, I have a question. When would the city council come
up with recommendations? Does it all of it have to be done by April 301n9
Mayor Jordan: No, I don't believe it does. We need to pass this, but you all are going to give us
recommendations because you will be making the decision where this money is going to be spent.
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Council Member Jones: Thank you very much.
Council Member Turk: I have another comment. I thought the scope of the ARPA funding was
laid out was pretty good. Because it dealt with economic recovery. Especially people and
businesses that had been harmed by COVID. Also, the water quality issue is near and dear to my
heart. While I understand flexibility can be a good thing and allow the city to be able to fund other
items, we still have the general fund and infrastructure money that is coming down the pike. We
have a lot of options already. I have really been thinking about this all week long. It's not that I
don't trust the city, or the council but I think ARPA was set up was the appropriate balance and
response to COVID. I am not going to support this because I really want to keep the city's eye on
the prize of how do we make whole or compensate businesses and organizations that were
impacted by COVID and be able to do our Workforce development? I still think we have a lot of
flexibility from other buckets. I don't mean any disrespect at all for the city. I know this was an
option that was presented by the federal government and I am glad it's here for our discussion, but
I think I am just going to support the way the funds are right now with ARPA.
Council Member Jones: Mayor Jordan and City Council, I agree with Council Member Turk. I
feel like we have a one-time opportunity to really help those that have been impacted by COVID.
I am supporting that the original intent of the funding that it remains. I feel as if we have other
resources as it relates to funding other projects. We still have so many individuals who can
certainly benefit from that. I am looking at providing social service relief. I don't think that is
really in the general fund. There are so many small businesses that have been impacted, locally
owned businesses who continue to bear the burden of COVID. I echo the sentiments that Council
Member Turk said. I don't think that I will be supporting the changes.
Council Member Hertzberg: I will be in support of this. I want to thank Paul for putting together
this graphic. It really helped me understand this.
Council Member Wiederkehr: I am supportive of this for two reasons. One this is actually
included in the original ARPA funding language as put out by the Department of Treasury as a
way of assisting the most residents within any community that is receiving the ARPA funding.
The second reason is just because the city accepts this internal encumbrance so to speak of these
funds does not mean that we could not choose to spend them on job training. We could choose to
spend them on any number of other things simply because we have the discretion to do that. They
are not committed to any one project. My way of thinking, they could evening be used to fund
cleanup for Lake Fayetteville if we so chose. We are not simply putting ourselves in the corner.
We are simply entrusting ourselves to make the most appropriate use of this block of funding and
it doesn't preclude any other good use for the funds.
Mayor Jordan: The thing I really want to express here is at the end of the day you all will be
making the decisions on what we are going to do with this. It is not like I am going to decide what
we are going to do with it. At the end of the day I rely on you all and the discussions that we've
had to say, well Mayor, we want to spend it here, we want to spend it there or not. We are just
trying to give you as much flexibility as we could.
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Council Member Jones, clarified that the Arkansas Municipal League is recommending that the
funds were to be spent on infrastructure.
Paul Becker, agreed with Council Member Jones clarification.
Council Member Kinion: What I see here is that we do have the opportunity to help social
services. That we also have with this layout, as mentioned several times, the flexibility to put
money in these certain buckets. it gives us a little more guidance to see the broad impact we can
have across the board. Of course, the intent also includes a lot of services that impact individuals
on a social level. Paul, I think this is a good representation of opportunity. Again, it doesn't lock
us into anything. The thought that went in and put this together, as far as representing opportunity
that will be available is what I think we should focus on right now and not get funnel into one area
that might be a special interest to us. Whenever I saw this, it was actually a relief because it gives
us the opportunity to imagine a broad spectrum of things, we can support that will impact the most
people in our community in the long run as well as in the short run. That is where we had a
problem in the pandemic is a lot of the things that would have impact was, we didn't get to it. That
is part of this rescue. I understand the broadness of this and respect it. I think it is a good
representation of the possibilities. As the Mayor said we still have the opportunity to fine tune all
of this. This has helped me understand the broad opportunities.
Council Member Jones: Is there anything the money can't be spent on if it is moved to the
general fund?
Paul Becker: Yes, there are several things that it can't be spent on. It has to be spent on a public
purpose that the municipality could fund. So, there are things that would be restricted. For
example, we couldn't give direct assistance to individuals under those circumstances. It could be
spent on any other public purpose. Kit and I would have to look and analyze what is a public
purpose. Don't forget we have already allocated $1 million dollars to non -profits. We will still
have $6.4 million to allocate going forward for these other programs.
Mayor Jordan: Council I want you to understand. I am not going to take the money and move
it into the general fund without you all saying, hey, mayor here is where we want to spend the
money. This is a decision you will make and then we will move it however you want to do it. As
long as it aligns up with federal guidelines.
Council Member Jones: Paul, I appreciate that. When you make the presentation but when I
missed something but that would have been nice to see as well because I am wanting to see a
bigger picture.
Paul Becker: Remember there are other funds available out there for individuals besides strictly
the municipal funding that we have.
Council Member Jones: What other funds are available?
Yolanda Fields, Community Development Services Director: We have rental assistance with the
County. We have mortgage assistance and utility assistance that is provided through the state. I
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City Council Meeting Minutes
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Page 31 of 32
think there are more funds rolled out for assistance to individuals. I believe there are some funds
rolling out to assist businesses with losses.
Council Member Jones: It sounds like this is separate from the ARPA funding.
Yolanda Fields: Yes, it is all separate. There are pockets of funding all over and they are 'slowly
rolling out. The mortgage program from the state just rolled out in February. They are providing
mortgage assistance and utility assistance for individuals who are behind on their mortgage. So,
the goal there is to try to keep folks housed. We are also looking at legal aid and aspects for tenant
protection. There are funds that are rolling out to assist individuals with eviction challenges. There
is money coming out for housing assistance for individuals to rehouse if they happen to be evicted.
We need to be reaching out at the federal level for the future budgets to make sure nothing is being
cut. There is currently some discussion that CDBG funds are being cut. This would be the worst
time possible to be cutting CDBG funding for assistance. We need to reach out to the federal level
to indicate that we need more funding not less funding to help everybody that is trying to recoup
from COVID and the pandemic.
Council Member Jones: When you say we need to be reaching out or lobbying, do you mean the
City Council Members or just people in general.
Yolanda Fields: I mean the community as a whole. All of us reaching out to their representative,
reaching out to their senators, congressmen to talk about the needs that our community has and
please do not cut the federal funding of all the programs that are assisting individuals in need.
Council Member Jones: Thank you for sharing that.
Council Member Harvey moved to approve the resolution. Council Member Kinion
seconded the motion. Upon roll call the resolution passed 6-1 with Council Member Jones,
Kinion, Wiederkehr, Scroggin, Hertzberg, and Harvey voting yes and Council Member Turk
voting no. Council Member Bunch was absent.
Resolution 89-22 as recorded in the office of the City Clerk
Announcements: N
City Council Agenda Session Presentations:
City Council Tour:
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City Council Meeting Minutes
April 19, 2022
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Adjournment: 9:23 PM ����++►+I?FlIpf
JT i?
" FAYETTEVILL.E: y
Lioneld .1ordan, May Kara Paxton, ity 1erk Treasurer
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
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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
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Witness
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov