HomeMy WebLinkAbout2022-05-03 - Minutes -Council Member Sonia Harvey
Ward 1 Position i
Council Member D'Andre Jones
Ward 1 Position 2
Council Member Mark Kinion
Ward 2 Position i
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
May 3, 2022
City Council Meeting Minutes
May 3, 2022
Page I of 18
Council Member Sloan Scroggin
Ward 3 Position 1
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Holly Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on May 3, 2022 at 5:30 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Vice Mayor Bunch 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, Sonia Harvey and
Teresa Turk joined the meeting via online using a video conferencing service called Zoom.
Vice Mayor Sarah Bunch, Council Members Mark Kinion, Mike Wiederkehr, Sloan
Scroggin, 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, Police Chief Mike Reynolds, Fire Chief Brad Hardin and staff
members from the IT Department were present in City Council Chambers.
Mayor Lioneld Jordan was absent.
Pledge of Allegiance
Mayor's Announcements Proclamations and Reco(,nitions: Recognized civilians, Wes
Wooten and Griffin Webb, who have demonstrated life-saving heroic service at a motor vehicle
accident scene presented by Fire Chief Brad Hardin.
Nt
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 2 of 18
Citv Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial
Report presented by Paul Becker, Chief Financial Officer.
Agenda Additions:
Extension of City's Sewerage System to 4594 East Huntsville Road: A resolution to approve
an extension of the City's sewerage system beyond the city limits to property located at or near
4594 East Huntsville Road.
Council Member Harvey moved to add the resolution to the agenda. Council Member Kinion
seconded the motion. Upon roll call the resolution passed unanimously.
Council Member Harvey, spoke and disclosed that she has known Mr. Pressman for many years
and that they previously worked together at the design school. She went on to explain that she had
been working on this issue for over a year. Since Mr. and Mrs. Pressman plan to move outside of
the city upon retirement they would like to have a city water line ran to their property outside of
city limits. Council Member Harvey went on to explain that this couple should be treated
differently since they have been long time residents and have a financial hardship.
Vice Mayor Bunch: Sonia, has this been to the Water & Sewer Committee?
Council Member Harvey: I think I was intending to bring it to the Water & Sewer Committee.
Corey and I have been working on it since August of last year. I am not sure.
Tim Nyander, Water & Sewer Utilities Director: No, this has not been to the Water & Sewer
Committee just because it hadn't come to fruition until recently. I don't think it is a requirement
at this point as long as the Council hears all the details right now.
Council Member Harvey: Thanks Tim. Tim has been in the loop on this since August. The
City has seen everything, and they say everything is possible. It is more of a are we going to grant
them permission to connect or not and that is a decision on the Council. I do believe Mr. Pressman
is available for questions but hopefully I can answer any questions you guys might have.
Council Member Turk: Tim, how far out of town, from the city limits, is the property? Do we
have a sewer line that is close by?
Tim Nyander: There is a sewer main and a manhole that is adjacent to this property, which is
also the city limits. The manhole is in the city limits and his property is just right next door. It is
very close. The elevation is fine for service connection. The utility department does not have any
problem with the connection.
Council Member Turk: That is excellent to hear. It would just be a small extension from our
existing operation. The cost would be completely born by Mr. Pressman. Is that correct?
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 3 of 18
Tim Nyander: There would not be any extension needed by the City because the manhole is
there. The property owner would have to run the service line. Then we would provide him a tap
into the public sewer system.
Council Member Turk: I am just wondering about precedent. Have we had similar issues in the
past where we have approved a very small extension of our service?
Tim Nyander: Actually, we have gone both ways in years' past. We have allowed connections
to those that are very close to the city limits and not congruent to the city limits. We have had
those that were not approved by the Council.
Council Member Kinion: If you look at the map, you can go from the South King Lane east and
west. This makes a triangular area for this property that is ideal for this property to be annexed
into the city. North of this property has extended. The location alone makes this sensible to allow
it to be part of the city system.
Council Member Harvey: We did have a conversation about annexation. It became a financial
hardship situation for them.
Council Member Kinion: That certainly sounds reasonable and I see the value in that.
Council Member Turk moved to approve the resolution. Council Member Kinion seconded
the motion. Upon roll call the resolution passed unanimously.
Resolution 90-22 as recorded in the office of the City Clerk
Consent:
Approval of the April 5, 2022 and April 19, 2022 City Council Meeting Minutes.
Hazmat Services Revenue: A resolution to approve a budget adjustment in the amount of
$2,639.00 recognizing hazmat services revenue received from Washington County and
increasing the related expense budget.
Resolution 91-22 as recorded in the office of the City Clerk
Recreational Trails Program Grant: A resolution to authorize acceptance of a recreational
trails program grant in the amount of $75,000.00 for improvements to Kessler Mountain natural
surface trails, to approve an agreement of understanding with the Arkansas Department of
Transportation for the project, and to approve a budget adjustment.
Resolution 92-22 as recorded in the office of the City Clerk
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 4 of 18
Jet Fuel and Avgas Purchase: A resolution to approve a budget adjustment in the amount of
$1,040,690.00 for the purchase of additional loads of jet fuel and avgas due to increasing fuel
sales and rising fuel costs.
Resolution 93-22 as recorded in the office of the City Clerk
RFP 22-03 Titan Lawn & Landscape, LLC: A resolution to award RFP 22-03 and authorize a
one year contract with Titan Lawn & Landscape, LLC., for mowing services on an as -needed
basis for the estimated base amount of $91,310.72 and any additional services to be billed at the
hourly rates provided in the contract, with automatic renewals for up to four additional one-year
terms.
Resolution 94-22 as recorded in the office of the City Clerk
Bid #20-58 King Electrical Contractors, Inc.: A resolution to approve a proposal from King
Electrical Contractors, Inc. in the total amount of $62,991.00, pursuant to bid no. 20-58,
electrical services associated with the addition of parking lot lighting at Walker Park, to approve
a project contingency in the amount of $5,000.00, and to approve a budget adjustment.
Resolution 95-22 as recorded in the office of the City Clerk
Bid #22-31 Doggett Freightliner: A resolution to award bid #22-31 and authorize the purchase
of a freightliner recycling truck from Doggett Freightliner of Springdale, AR in the total amount
of $203,025.00 plus any applicable tax and shipping charges for use by the Recycling and Trash
Collection Division.
Resolution 96-22 as recorded in the office of the City Clerk
Bid #22-26 Goodwin & Goodwin, Inc.: A resolution to award bid #22-26 and authorize a
contract with Goodwin & Goodwin, Inc. in the amount of $603,630.00 for the replacement of
water service lines in the Skyler Subdivision, and to approve a project contingency in the amount
of $120,726.00.
Resolution 97-22 as recorded in the office of the City Clerk
Water Damage Claims: A resolution to approve a budget adjustment in the amount of
$100,000.00 to cover water leak and sewer overflow damage claims that may occur in 2022.
Resolution 98-22 as recorded in the office of the City Clerk
Bid #22-30 W. Center Street & N. Harmon Avenue Intersection Project — 2019
Transportation Bond Project: A resolution to award bid #22-30 and authorize a contract with
NEC., Inc. In the amount of $1,752,736.50 for construction of the West Center Street and North
Harmon Avenue intersection project, to approve a project contingency in the amount of
$175,000.00, and to approve a budget adjustment - 2019 Transportation Bond Project.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar gov
City Council Meeting Minutes
May 3, 2022
Page 5 of 18
Resolution 99-22 as recorded in the office of the City Clerk
Project Safe Neighborhood Grant Award: A resolution to authorize acceptance of a project
safe Neighborhood Grant Award in the amount of $28,765.00 for the Fourth Judicial District
Drug Task Force, and to approve a budget adjustment.
Resolution 100-22 as recorded in the office of the City Clerk
Project Safe Neighborhood Grant Award: A resolution to authorize acceptance of a Project
Safe Neighborhood Grant Award in the amount of $14,100.00 for the Fayetteville Police
Department, and to approve a budget adjustment.
Resolution 101-22 as recorded in the office of the City Clerk
Council Member Scroggin moved to accept the Consent Agenda as read. Council Member
Hertzberg seconded the motion. Upon roll call the motion passed unanimously.
Unfinished Business:
Raze And Removal Of Structures At 2141 N Green Acres Rd.: A resolution to order the
razing and removal of a dilapidated and unsafe structure on property owned by Rose Mary
Austin located at 2141 North Green Acres Road in the city of Fayetteville, Arkansas, and to
approve a budget adjustment in the amount of $33,894.00.
Billy Bryant, Senior Code Compliance Officer spoke about the agenda item and gave a current
description of the property. Mr. Bryant went on to explain that the property had improved since
the last meeting but explained there had been no work done to the house.
Council Member Kinion: We did allow time for this; the weather has been cruddy. Can you
tell me more specifically what offers have been extended?
Billy Bryant: I do not know.
Yolanda Fields, Community Resources Director: We did reach out to the property owner
hoping she would want to communicate with us so we could provide some resources. I think she
may have just not wanted to visit with folks from the City. So then I reached out to a colleague
that would be able to provide resources and they have also made attempts to provide information
to her. She would not return calls to them either. We have been unsuccessful in providing her
any information or any resources.
Council Member Scroggin: I know the city has rules about remodel or repairs is more than
50% of the value of a property that the entire structure has to be brought up to code. In your
professional opinion, would this entire building need to be brought up to code if they were to
start repairs?
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 6 of 18
Billy Bryant: Yes.
H.C. Southern, Esq., Attorney for Ms. Austin, spoke about Ms. Austin and the fact that she has
told him that no one has reached out to her. He went on to provide details of the property and the
updates to building and garbage removal that have been made since the last meeting.
Council Member Wiederkehr: Are you going to be the point person for city staff to contact
regarding applications for housing assistance?
H.C. Southern, Esq., Attorney for Ms. Austin: I had agreed at the last meeting that I would stay
in contact. At this point in time I need to if people are trying to reach out to Rose and make
offers, and she is not getting the call, or because of her hearing problems she is not hearing the
phone ring. If they would contact me, I can make sure she gets the message and the appropriate
steps are taken.
Council Member Wiederkehr: We had heard originally that she was anticipating needing to
reside outside of the City of Fayetteville. I am looking for someone to assume responsibility on
her behalf to make application with the county, or other jurisdictions, for housing assistance. I
don't want to come back in 30 days, 60 days and find out that no steps have been taken to secure
appropriate reasonable housing on her behalf. I can see where this will fall through the cracks
and we will be at the same point again unless someone is her point person.
H.C. Southern, Esq., Attorney for Ms. Austin: Although, with the events that have taken place
over the last year, I think whatever appropriate location we would find she would be amenable
to.
Council Member Scroggin: Do you have power of attorney?
H.C. Southern, Esq., Attorney for Ms. Austin, explained one could be created if it was needed.
Council Member Scroggin, spoke in favor of someone becoming Ms. Austin's power of
attorney.
Council Member Hertzberg: Does Ms. Austin have any resources right now to make any more
improvements on the house? Or does she have any partners that could help her?
H.C. Southern, Esq., Attorney for Ms. Austin: She has been using different resources that have
been offered to her. Most of the cleanup has been done with a bobcat.
The City Council received 1 public comment regarding this Resolution.
Martha Haguewood, Real Estate Agent for Ms. Austin provided the public comment.
Council Member Hertzberg: Have you had any offers on the property?
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 7 of 18
Martha Haguewood: We have had one that was very low. We made a very reasonable counter.
He chose not to come back and said he did not know what the cost would be for the raise and
removal.
Kara Paxton, City Clerk Treasurer, spoke and gave clarification regarding the additional
information handouts that Ms. Haguewood had provided. She explained that the pictures had
previously been forwarded to all the Council Members via email.
Council Member Kinion: Kit, is there any way we could offer an extension with a plan and
milestone that have to be reached in order to delay the condemnation? Or does it have to be give
a date and that is it and then we have to review it again?
Kit Williams, City Attorney: I really think you have to kind of choose the amount of time you
want. You might say that it will be tabled again if they meet this milestone. You all are the ones
that control tabling so you really can't delegate your power to a staff person to make the decision
that they have done enough. You could let them know that you expect such and such by the time
the next council meeting comes up. If it has then you would be in favor of extending it once they
are showing progress, which they have shown some progress already.
Council Member Kinion: I do feel like there is progress and there is a commitment to get help.
I don't want to inhibit any possibility to move forward. Would either one of the speakers have any
idea of a specific measurable that we could look forward to that could be done in 30 days?
Martha Haguewood: Weather permitting, we can continue with the cleaning of the property.
Before we could really address anything in the house, we felt we needed to get the property cleared
up so people could get in there. I think at bare minimum we would need 60 days because we are
going to get some things done in order to get workman in. We can close the sides up right now
but if we close the sides up then we will have to tear it back off in order to do the electrical work.
Council Member Turk: Have you physically tarped the sides so no rain will get in?
Martha Haguewood: We can do that.
Council Member Turk: Just a blue tarp, just something so that way there is a barrier there. That
way you wouldn't have to rip something more permanent out.
Martha Haguewood: We can potentially do that. People do that all the time for roof repair.
Council Member Turk: The roof and the floor are in good shape, it is just the openings to the
outside, is that correct? Are there other areas that are also open to the elements?
Martha Haguewood: As far as I am aware. I have a picture of that. It is not in this packet. If
you look at the very last picture, it was totally clear and open. She has really made great strides.
We are diligently working, and we want to get the house where it is habitable until we can get it
sold.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 8 of 18
Council Member Turk, spoke and explained her suggestions to the other City Council Members
regarding conditions. Her suggestions included to extend this agenda item for 60 days, Ms.
Austin/representative stay in contact with city services, her attorney stay in contact to ensure she
talks with someone at the City, completing the cleaning inside the house and the opening in the
walls to the outside are immediately closed.
Vice Mayor Bunch: Kit, is that what has been suggested?
Kit Williams: That sounds pretty good. I think that when it is tabled you can say that, when it
comes back to City Council, this is what you expect to have been accomplished at that point in
time. I don't think you can put a condition on the table that if you don't do this then the tabling is
over. Then staff would have to go out and look. They can't un-table something, only the City
Council can do that. Those can be items that the City Council believes could be accomplished
within the next tabling. When we say 60 days, we just need to say the first City Council meeting
in two months because it is not going to be exactly 60 days, unless y'all want to have a special city
council meeting. Apart from that, I think those conditions make a lot of sense, if that's what y'all
want to do. Then you would come back to look at it again, obviously staff would be out there
before that, to see if that has been accomplished.
Vice Mayor Bunch: What would be our first Council meeting roughly 60 days from now?
Kara Paxton, City Clerk Treasurer: It would be July 51n
Vice Mayor Bunch, addressed a question from Ms. Haguewood in the audience. She gave
permission for Ms. Haguewood to handout additional pictures to the present City Council
Members.
Council Member Kinion: From my point of view, I think that tabling for 60 days is reasonable.
If the appropriate progress has not been made, then it will not be tabled again.
Vice Mayor Bunch: I would like to know that the attorney representing Ms. Austin, that he has
the power of attorney that he can act on her behalf. I would like to know that you have been in
contact with city services and possible county services as well. If the place sells, she is going to
need a place to go to. Just to know that she is working on possibly moving out of the house and
getting a better place for herself. I would really want to know that.
Council Member Turk: I have another suggestion. If we could have an update in 30 days, if we
table it for 60 but by 30 days, we have an update to ensure the house is tarped, so she is safer away
from the elements. If her attorney is here and Ms. Haguewood says that will be done, then that
might be good enough. It would be nice to know that things are progressing along.
Vice Mayor Bunch: Kit, is that something we could ask for?
Kit Williams: Staff can go around and take a look to see what they can see at least from the public
right -a -way. If you table it for two months to July 5tn, it's really awkward to try to un-table it
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov
City Council Meeting Minutes
May 3, 2022
Page 9 of 18
before then. I am not saying it is impossible to do that but we have not done that in the past but
there is always something new under the sun.
Council Member Kinion: I think we could ask for a courtesy request to have that in 30 days.
They are working industriously so in 30 days they would give us the courtesy to give us an update.
I think we can expect that. I do want table it until July 51". It is the first step. I commend the
volunteers for stepping in with compassion to help make this property sellable.
Council Member Kinion, stated that he would give Ms. Austin's attorney additional time to
speak.
H.C. Southern, Esq., Attorney for Ms. Austin: Do you want something in writing or someone to
appear to give you an update?
Council Member Kinion: In writing.
Vice Mayor Bunch, spoke in agreement with Council Member Kinion.
Kara Paxton, City Clerk Treasurer, requested clarification regarding the motion. She wanted to
clarify whether this motion included the conditions Council Member Turk provided earlier in the
conversation.
Council Member Kinion, spoke and clarified that the conditions Council Member Turk spoke
about were not included in his motion.
Council Member Turk: May I move to amend your motion?
Kit Williams: The problem is that all of this is going to be what is occurring before the tabling
finally ends. I think that in 60 days, or by July 51", a lot of these things are going to be looked at.
That is when it is going to be reviewed including anything that you said on this. It's not like the
tabling is conditioned on that. Basically, it is tabled but you are expecting to see the results on
July 5t" that this has been accomplished.
Council Member Turk: I am just wondering if we need to make it clearer in writing or in some
form about what we expect in 60 days. That is my only clarification. How would you suggest we
do that Kit?
Kit Williams: You are speaking right now to the applicant and the applicant's representatives, so
they hear you. You want to be clear that they know what the City Council is suggesting it wants
to see. That is enough, except I haven't heard a complete consensus on your part of the proposal.
I think there is a limit to what you can do with a motion to table. You basically post pone action.
That is what a motion to table does. You can say the City Council would like to see these results
at the end of the tabling but that doesn't end the motion to table just because they don't do it. It
just means that when they come back, they are must less likely to get it tabled again.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 10 of 18
Vice Mayor Bunch: I feel very optimistic that if the applicant, or the people working with the
applicant, have said they are going to what they are going to do. If it comes back in 60 days or if
we ask for a courtesy update that they are actually going to do that. They have heard us, we have
asked for it, they are nodding their heads yes, and I think they are going to do that. I feel
comfortable with the motion that Mark has made.
Council Member Kinion moved to table until the July 5, 2022 meeting and for staff and the
H.C. Southern, Esq., the attorney for Ms. Austin to provide a courtesy update in 30 days in
writing. Council Member Scroggin seconded the motion. Upon roll call the resolution
passed 7-0 with Council Member Kinion, Wiederkehr, Scroggin, Turk Hertzberg, Harvey,
and Vice Mayor Bunch voting yes. Council Member Jones was absent for roll call vote.
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.
Vice Mayor Bunch, requested the City Attorney to explain why this item was on the agenda.
Kit Williams, City Attorney: I think that everyone in this room and on zoom thought we had
resolved this issue at the last meeting. It looked like you all had come to a consensus and I said
that we have to amend the resolution since the conditions were blank. There was eventually an
agreement for condition, not unanimous, but it passed 5 — 3. We all assumed wrongly that was it
because we really had to have a second vote on the resolution as amended. Fortunately, the next
day our City Clerk, Kara Paxton looked over the tape and minutes and found that we did not get
that second vote done. We need to do that now and remained on the agenda as old business
because it wasn't finished. To make sure we do everything correctly we need to have a motion
to pass the amended resolution that was discussed in depth at our last meeting.
Council Member Kinion moved to approve the resolution. Council Member Hertzberg
seconded the motion. Upon roll call the resolution passed 5-2 with Council Member Kinion,
Scroggin, Hertzberg, Harvey and Vice Mayor Bunch voting yes. Council Member
Wiederkehr and Turk voting no. Council Member Jones was absent for vote.
Council Member Scroggin, spoke about why he decided to change his vote since the last
meeting. He felt that it was important to change his vote due to this item having to be carried
over due to a procedural rule and wanted to ensure the City did not cause the applicant any undue
hardship.
Resolution 102-22 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
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 11 of 18
Carr Boulevard in Ward 2 for approximately 3.5 acres from R-A, Residential Agricultural to CS,
Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Compliance Director gave a description of the property and
explained that the property is very close to Hamestring Creek. He also explained the storm water
issues regarding this property and the concerns that the applicant has had. Planning Commission
forwarded this item to City Council unanimously. Staff also fully supports approval of this item.
Seth Mimms, Applicant, read letters that he had received from the neighbors of the property that
were in support of this rezoning.
The City Council received 1 public comment regarding this ordinance.
Vice Mayor Bunch: Jonathan, can you address those questions now?
Jonathan Curth: I am not as familiar with the beaver dam concerns. As far as where the water
flows, I think the information we shared at the previous meeting is just based on existing
topography on this site. This is a zoning decision, we have not seen a development, we have not
seen a site plan, and we've not seen a drainage study. Those are issues that we cannot say, with
complete confidence, which way it will flow other than it is guaranteed to flow north or south of
one of the tributaries to Hamestring.
Chris Brown, Public Works Director: Alan Pugh can talk more about the beaver dam as he is
more familiar with that detailed study. There is no question that issues and problems that Ms.
Brown speaks of are issues. We recognize those and we've done the flood study. Unfortunately,
we don't have a lot of good solutions there because of the highway and environmental issues.
There are some solutions there, but they are not easy. I don't believe this proposed rezoning is
relevant to Hamestring because there are separate drainage basins.
Alan Pugh, City Engineer: That was a portion of the flood study that was mentioned for FTN.
We knew that beaver dams locally may be causing issues for some of the residents there. At least
in the larger storm events, that structure flooding has typically occurred based on our study, it did
not matter if the beaver dams were there or not. Essentially there was so much water coming
through there, floodplains are so large and there was such a small portion of that floodplain that it
really didn't move the needle as space flood elevation goes. All those beaver dams were on
property outside of drainage easements. I really struggle with the solution, working with the
property owner and if they were to allow the City to deal with that it would become a very difficult
prospect for us to go in there and remove the dams. Especially if there wasn't a large benefit in
those larger storm events. We do understand that some of that standing water could be nuisance
water and could be a concern but that was our position as far as the beaver dams go.
Council Member Scroggin: First I would like to thank Ms. Brown for coming. Every time she
speaks, she is very well spoken and researched. I appreciate that. On the Hamestring issues, I
know these are a separate issue from this rezoning. I hear about Hamestring a lot and I am hoping
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 12 of 18
we can have some long-range plans to work on that creek. It has junk in it, there is some issues,
and I know there are some issues with private property. Hopefully we can start making
improvements there.
Council Member Turk, spoke and agreed with Council Member Scroggin and echoed his
concerns.
Council Member Wiederkehr: Every interaction that I have had with Ms. Brown has been
remarkable. We have to balance that and appreciate her compassion for her father. We have to
balance that with the property interest rights. I don't see how we can hold the property in question
hostage because of flooding in one part of town on a different parcel. No parcel in Fayetteville
would be developed if we said all flooding had to be remediated. I feel compassion for the property
interest rights. I am going to have to trust that because of the movement of the City of Fayetteville
to increase our management of stormwater, that I am going to continue to see us exercise that type
of management. I would be very open to this item continuing forward tonight.
Council Member Harvey, spoke in support of the rezone and thanked the individual who
provided public comment during the meeting. She also echoed and agreed with Council Member
Wiederkehr and Council Member Scroggin.
Council Member Kinion moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6562 as Recorded in the office of the City Clerk
New Business:
Sales and Use Tax Capital Improvement Bonds, Series 2022: An ordinance authorizing the
issuance and sale of the city's not to exceed $74,340,000 Sales And Use Tax Capital
Improvement Bonds, Series 2022, for the purpose of financing all or a portion of the costs of
certain street, trail, drainage, park, city facilities, arts corridor and firefighting facilities and
improvements; authorizing the execution and delivery of a first supplemental trust indenture
pursuant to which the series 2022 bonds will be issued and secured; authorizing the execution
and delivery of an official statement pursuant to which the series 2022 bonds will be offered;
authorizing the execution and delivery of a bond purchase agreement providing for the sale of
the series 2022 bonds; authorizing the execution and delivery of a continuing disclosure
agreement; and prescribing other matters relating thereto.
City Attorney Kit Williams read the ordinance.
113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 13 of 18
Paul Becker, Chief Financial Officer: In 2018, we went to the voters and asked ten questions.
Three of those questions were eliminated when we made the first bond issue. That was back in
2019. We financed the old bonds from 2006. We fully extended the bond issue for the police
station and we fully executed the economic development bond. There are seven questions left
here. This is the second phase of the issuance. We issued $127,500,000 in 2019. We are
requesting $74,340,000 be extended at this point in time for those seven questions. This would
still leave us $15,000,000 to be executed in the future. Roughly $10,000,000 of that would be for
streets and $5,000,000 for parks would still be remaining. This authorizes the completion of the
documents necessary to precede with the sale of the bonds. Council Member Weiderkehr brought
up a point to me that I think I do need to discuss with everyone. He said I should touch a little bit
on the security of these funds. Remember, these are revenue bonds, a special one penny sales
approved by the voters to pay the debt service on these bonds. These bonds will be out there until
2032. That is roughly eleven years. The debt service payments, if we calculate them right now,
is roughly sixty percent of what that one penny generated in 2022. We have plenty of security and
I don't think our sales tax is going to decline 40%, if so, we would have to re -finance the bonds. I
don't recommend us going out past ten years because by then we will have a new set of
infrastructure costs to address. If sales tax continues at this same rate, we will pay these bonds off
in roughly 6 years. I want to thank Council Member Wiederkehr for asking that question because
I wanted to clarify the security of the bonds. I urge the Council to pass this ordinance tonight.
There is a long lead time selling these bonds and there is a number of things we have to do. We
have to complete all the documents, we have to get these rated, that will resolve in a lower interest
payment if they are rated. I expect them to be rated high. We would sell these bonds in late June.
In order for me to get this back to the Council for you to appropriate the funds raised by that to
begin the project would be early July. We would like to get that started. Remember when you
authorize the sales of these bonds, you are not appropriating anything. We can't send a thing until
those projects come forward. I would like to introduce Dennis Hunt, he is our underwriter from
Stephenson Associates, Gordon Wilbur with Kutak Rock and he is out bond counsel on this
particular series.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Kinion seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Harvey moved to suspend the rules and go to the third and final reading.
Council Member Scroggin seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Harvey: I just want to recognize and thank Kutak Rock and Kit for your work
on this. Finally, of course our taxpayers who are investing in the community. We really appreciate
you because these are important things that we need as we grow and look to the future.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov
City Council Meeting Minutes
May 3, 2022
Page 14 of 18
Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6563 as Recorded in the office of the City Clerk
RZN-2022-0017 (3352 N. Hwy 112/112 Drive In): An ordinance to rezone that property
described in rezoning petition RZN 22-017 located at 3352 North Highway 112 in Ward 2 for
approximately 22.32 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Compliance Director, spoke and gave a description of the
property. He went on to explain the property is currently zoned C2, Thoroughfare Commercial
and the applicant would like to rezone the northern 22 acres to UT, Urban Thoroughfare. Rezoning
this property would allow residential development in the future. Jonathan also explained that staff
supports the rezone to UT and the Planning Commission forwarded this item unanimously.
Steve Brooks, Applicant spoke and agreed with the description that Jonathan provided. He went
on to echo the same comments made by Jonathan.
The City Council received 1 public comment regarding this Ordinance.
Council Member Scroggin: Independent of the Drive Inn, I believe that UT is the best use here.
The increased density would have access to the road. I think this gives the drive-in the best chance
if we make this change. I hope they stick with their promise to build some form of drive-in.
Vice Mayor Bunch: Jonathan, please remind us a little bit of what could go on the property under
the current zoning.
Jonathan Curth: It is very broad in its allowances, so it is hard to be specific. If you can imagine
a non-residential, like a commercial development, it would be allowed in C2. It could be a small
mom and pop Store, a Wal-Mart Supercenter, gas station, offices, church, or synagogue. Anything
but housing or industrial uses like warehousing or manufacturing.
Vice Mayor Bunch: Commercial uses but not housing?
Jonathan Curth: It is very much one of our very conventional, what planners call Euclidian
Zoning Districts, where the idea is, we need to separate uses because they are obnoxious next to
each other like congestion of traffic.
Council Member Turk: I think right now, the way it is being used, is appropriate. It is
appropriate because of that huge flood plain that is right there as we have seen demonstrated.
However, we have no guarantee that the drive-in will stay the way it is. I hope our standards are
rigorous enough to ensure that whatever is put there that it is not going to impact downstream or
new residents in that area. That is a very large area that is in the floodplain.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov
City Council Meeting Minutes
May 3, 2022
Page 15 of 18
Council Member Harvey: In the current zoning of C2, the Drive Inn is allowed to exist without
a conditional use permit? How is that working? Is it going to be allowed in Urban Thoroughfare?
Are there going to be any additional hoops that they need to go through to continue to operate as
a Drive Inn?
Jonathan Curth: The C2 zoning district allows drive-in by right. It is classified as an outdoor
commercial use on a large site. The UT zoning district allows it only as a conditional use. If
Council was to rezone the property as requested the drive in could continue to operate indefinitely
if they didn't cease for more than 6 months. The zoning on the other portion of the property is
proposed to remain as C2 which could allow a drive inn on another portion of the property.
Council Member Harvey: Essentially, the part that is not going to be rezoned could potentially
allow them to maintain their drive-in status? Is there something about the percentage of the
property that has to be ok for them to operate the drive inn or would all the property be okayed.
Jonathan Curth: The drive inn today could continue to operate regardless of zoning if they
maintain it in operation, whether it is UT or C2. If the applicant is proposing to redevelop the
property, whether it is a different portion of it or not, if it is the C2 area it would be allowed by
right. If it was in the UT area there would be a conditional use permit.
Council Member Harvey, spoke and thanked Jonathan Curth for his additional explanation.
Vice Mayor Bunch, spoke and expressed her hope that the drive inn will stay in operation no
matter what the decision is on the rezoning. She also talked about the history, ownership, and
future use of the land. She also expressed her support for this rezone.
Council Member Kinion, spoke and echoed Vice Mayor Bunch's comments. He also went on to
address the concerns he had regarding future buildings being constructed in the floodplain. He
also expressed his support for the approval of this rezone.
Council Member Scroggin: I hope we can move forward tonight. We have gotten a lot of
comments about this in the last couple of weeks. Most of them are concerned about the drive inn
and I believe this is the best way to have a future for this drive inn.
Council Member Scroggin moved to suspend the rules and go to the second reading. Vice
Mayor Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin moved to suspend the rules and go to the third and final reading.
Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 16 of 18
Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6564 as Recorded in the office of the City Clerk
Amend Rules of Order and Procedure of the Fayetteville City Council: A resolution to amend
a.7.e. Courtesy and Respect and a.d.(2) Public comments of The Rules of Order and Procedure
of the Fayetteville City Council to better conform with recent first amendment court decisions.
Kit Williams, City Attorney: I brought this forward, which is pretty rare. If there is an issue that
I think is legal or constitutional that needs some consideration and hopefully fixing by the City
Council, then that is when I would bring something to you. As far back as January, I felt there
was some need to change some of the of procedure to try to keep up with the evolving law or the
first amendment. It keeps changing and getting more and more strict all the time to make sure that
government is not impeding someone's first amendment rights. The first part of the suggested
change is to move a word that I really do like in our current rules of order and procedure which is
people are not supposed to be rude to each other. I am all in favor of that, I don't like rudeness
almost anywhere. Unfortunately, rude is too much of a general term to be able to pass the first
amendment test by the Supreme Court or any court. So, we just need to remove rude and on the
other hand we have some good words we can put in there in its place. They come mainly from a
case that was decided this year by the 4th Circuit of Appeals who is considering the rules of order
and procedure of another local government body and found that those rules were constitutional.
Those rules allowed two major things. One of which we do already, which is you must stay on
topic. When you have a limited public forum like we have, you just can't get up there and talk
about the weather or the Razorbacks unless there is a resolution about them. The second thing is
the rule that we need to move away from. I think we can use some of the same words that we have
now and add a little bit that the 0 Circuit Court of Appeals decided. I wanted to change what we
have now to all shall refrain from comments that are harassing, or amount to a personal attack
against any identifiable individuals including abusive comments and derogatory remarks about the
integrity or offer any other comments that are also not limited to the discussion of the specific
agenda item being considered by the City Council. I think that particular requirement for
comments is constitutional and I think it actually, in most ways, follows what we have right now.
It just makes it where we are no longer using rude which is just too general of a word to maintain
within our rules. This change also removes a sentence that was added in January that was kind of
confusing. Even though we talked about it that night, and I tried to clarify that, then wrote a memo
the next morning saying it doesn't give a department any kind of censorship, the only person to
control that is the Mayor but I don't think we need that sentence either and I would like to remove
that sentence too.
Council Member Scroggin: I agree with the change. The definition of rude is very wide.
Council Member Scroggin moved to approve the resolution. Council Member Jones
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 103-22 as recorded in the office of the City Clerk
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 17 of 18
Resolution 103-22 as recorded in the office of the City Clerk
Amend the 2040 Master Street Plan: A resolution to amend the Master Street Plan by adding
North Hemlock Avenue, Millsap Road and Futrall Drive as neighborhood link streets.
Chris Brown, Public Works Director, spoke and explained that if this item is approved it will
add these roads back to the 2040 Master Street Plan. This action will create eligibility for these
roads to receive federal aid funding. He also mentioned that this item has been heard by the
Planning Commission and the Transportation Committee with unanimous support.
Council Member Scroggin moved to approve the resolution. Council Member Hertzberg
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 104-22 as recorded in the office of the City Clerk
Repeal §163.12 Tandem Lot Development and Enact §164.25 Tandem Lot Development:
An ordinance to repeal § 163.12 Tandem Lot Development and enact § 164.25 Tandem Lot
Development in the Unified Development Code to provide an administrative approval process
for Tandem Lot Development.
City Attorney Kit Williams read the ordinance.
Britin Bostick, Long Range Planning Special Projects Manager, spoke and provided the history
regarding tandem lot development. She also provided the definition from code on what is
identified as a tandem lot development and then gave examples of what would classify as tandem
lot development. Britin explained that approving this item would meet three of the City's 2040
plan goals of making appropriate infill and revitalization the City's highest priority. Also, making
compact, complete, and connected development. Then finally creating opportunities for obtainable
housing.
Council Member Turk moved to suspend the rules and go to the second reading. Council
Member Scroggin seconded the motion. Upon roll call the motion passed unanimously.
City Attorne. 'Xfi Williams read the ordinance.
Council Member Harv6y moved to suspend the rules and go to the third and final reading.
Council Member Turk seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Vice Mayot- Rune h asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6565 as Recorded in the office of the City Clerk
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www:fayetteviIle-ar.gov
City Council Meeting Minutes
May 3, 2022
Page 18 of 18
Announcements:
Susan Norton, Chief of Staff. Saturday, May 14th, is the Ward 2 Bulky Waste Clean-up. That
will be at St. James Baptist Church on North Street and/or the Recycling and Trash Center. Full
details regarding what you can drop off are on the website. Our Thursday evening Gulley Park
concert series starts June 91". There will be six unique performances between June 9t" through
mid -July.
Kit Williams, City Attorney: I want to congratulate our Vice Mayor and the City Council on a
very productive night. Y'all did very well.
Kara Paxton, City Clerk Treasurer, spoke and announced the City of Fayetteville has been
selected to host the Region IV Annual International Institute of Municipal Clerks Conference in
2023. Kara also provided information regarding ways that individuals can send in public
comment. She explained that individuals can use the Laserfiche public comment form located on
the website or send an email to agendaitemcomment@fayetteville-ar.gov
City Council Agenda Session Presentations:
City Council Tour:
U " Ka& Paxto , City Clerk Treasurer
•G��Ya•C.���:
a
FAYETTF-VILLE ;
a.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar,gov