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HomeMy WebLinkAbout2022-06-07 - Minutes -Council Member Sonia Harvey Ward I Position 1 Council Member D'Andre Jones Ward l 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 June 7, 2022 City Council Meeting Minutes June 7, 2022 Page I of 23 Council Member Sloan Scroggin Ward 3 Position I Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position I Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 7, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. City Attorney Kit Williams 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 Member Bunch joined the meeting via online using a video conferencing service called Zoom. President Pro Temp Mark Kinion, Council Member Sloan Scroggin, Teresa Turk, Holly Hertzberg, Sonia Harvey, D'Andre Jones, Mike Wiederkehr, 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. Council Member Bunch arrived after roll call. Mayor Lioneld Jordan was absent for the entire meeting. Kit Williams, City Attorney: In the absence of the Mayor, the City Council shall elect a president pro -temp to preside over city council meetings. Normally that would be the vice -mayor. The vice 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 2 of 23 mayor is not here, so tonight the remaining council members get to elect one of your own as the president pro -temp for this meeting. You do that by nominating yourself or nominating someone else. You will all vote by stating the name of the council member you would like to be president pro -temp. Council Member Jones moved to appoint Mark Kinion as the president pro -temp. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Pledge of Allegiance Mavor's Announcements, Proclamations and Recognitions: None Citv Council Meeting Presentations Reports, and Discussion Items: None Alzenda Additions: Rainbow Pride Flag and Juneteenth Flag: A resolution to purchase and display a rainbow pride flag and a Juneteenth celebration flag on the flagpole used for the city flag from June 14th through June 21 st of 2022. Council Member Scroggin moved to add this item to the agenda. Council Member Harvey seconded the motion. Upon roll call the resolution passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Council Member Jones, spoke and explained that he had worked with the citizens of Fayetteville and the City Attorney in order to bring this item forward. He went on to say that he wanted to add additional information to this resolution by amending it to add the names of all the individuals in the city who supported this resolution. Council Member Turk, spoke and thanked Council Member Jones for bringing the item forward. Council Member Jones: I appreciate your statements. I do believe we have to be intentional and bold as it relates to both topics. I really appreciate the City Council considering this. Kit Williams, City Attorney: Just to be sure, D'Andre did you want an actual amendment to add section to list those people as supporters of this resolution? Council Member Jones: Yes, I would like that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 3 of 23 Council Member Turk moved to amend to add the names of supporters to the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Council Member Turk moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Resolution 125-22 as recorded in the office of the City Clerk Consent: Approval of the May 17, 2022 City Council Meeting Minutes. Ecoverse Industries, LTD.: A resolution to approve the purchase of a screener from Ecoverse Industries, Ltd. in the amount of $398,937.64 plus any applicable taxes and shipping charges, pursuant to a Houston -Galveston Area Council Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division. Resolution 126-22 as recorded in the office of the City Clerk Policy AOP-202 Wellness Program, Fire Department: A resolution to approve Policy AOP- 202, Wellness Program, as part of the Fayetteville Fire Department Administrative Operating Procedures. Resolution 127-22 as recorded in the office of the City Clerk 2022 Community Oriented Policing Services Hiring Program: A resolution authorizing an application for a 2022 Community Oriented Policing Services Hiring Program matching grant in the amount of $625,000.00 to establish a violent crime response unit for a period of three (3) years, with matching funds in the amount of $341,555.00 and $292,054.00 in non -grant related project expenses to be paid by the city. Resolution 128-22 as recorded in the office of the City Clerk Fayetteville Area Community Foundation Giving Tree Grant: A resolution to authorize acceptance of a grant from the Fayetteville Area Community Foundation in the amount of $1,224.00 to fund an afterschool program for Junior High students at the Yvonne Richardson Community Center, and to approve a budget adjustment. Resolution 129-22 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No 9: A resolution to approve Task Order No. 9 with the Watershed Conservation Resource Center in the amount of $73,000.00 for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 4 of 23 continued native vegetation establishment efforts and minor adjustments within completed restoration project areas. Resolution 130-22 as recorded in the office of the City Clerk Apply for Federal -Aid Funds for Road and Bridge Improvements: A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal -aid funds for road improvement projects at North Hemlock Avenue and the Millsap Road/College Avenue Intersection; and for a bridge improvement project for bridge #19976 on Armstrong Avenue over Town Branch. Resolution 131-22 as recorded in the office of the City Clerk Bid #22-33 DFI Technologies, Inc.: A resolution to award bid no. 22-33 and approve a one-year contract with DFI Technologies, Inc. for mailing services at an approximate cost of $368,115.60 with automatic renewals for up to four additional one-year terms. Resolution 132-22 as recorded in the office of the City Clerk N79TW, LLC Ground Lease Agreement at 4240 South School Avenue: A resolution to approve a thirty (30) year ground lease agreement with N79TW, LLC for airport property located immediately north of the Drake Field Terminal Building at 4240 South School Avenue for the construction of a 75' x 100' hangar, with an option to extend the ground lease for an additional ten (10) year term. Resolution 133-22 as recorded in the office of the City Clerk N79TW, LLC Ground Lease East Side of Drake Field, Hangar One: A resolution to approve a thirty (30) year ground lease agreement with N79TW, LLC for airport property located on the east side of Drake Field off of taxiway G for the construction of a 130' x 90' hangar, known as hangar one, with an option to extend the ground lease for an additional ten (10) year term. Resolution 134-22 as recorded in the office of the City Clerk N79TW, LLC Ground Lease East Side of Drake Field, Hangar Two: A resolution to approve a thirty (30) year ground lease agreement with N79TW, LLC for airport property located on the east side of Drake Field off of taxiway G for the construction of a 130' x 90' hangar, known as hangar two, with an option to extend the ground lease for an additional ten (10) year term. Resolution 135-22 as recorded in the office of the City Clerk FAA Grant for Aircraft Rescue & Fire Fighting Cart: A resolution to authorize the acceptance of a Federal Aviation Administration Grant in the amount of $33,333.00 to fund an Aircraft Rescue & Firefighting Cart for Drake Field Airport, and to approve a budget adjustment. Resolution 136-22 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 June 7, 2022 Page 5 of 23 Council Member Harvey moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Unfinished Business: None New Business: TheatreSquared, Inc. Amend 100 Hundred Year Lease: A resolution to amend the one - hundred -year lease of the Spring and West Parking Lot to TheatreSquared, Inc. in order to shift the responsibility of TheatreSquared, Inc. to pay its utility bills, building insurance premiums, building and all its mechanical systems maintenance and repairs to the City of Fayetteville. Vice Mayor Kinion, spoke and explained that Council Member Harvey, Bunch and Jones were listed as the sponsors of the resolution. Council Member Jones: Kit and I have had a somewhat lengthy conversation. I have had several citizens reach out concerning this. I appreciate the input for both sides. I am looking forward to tonight to learn more as it relates to how the City can best help TheatreSquared. Council Member Harvey: I would like to allow this opportunity for TheatreSquared to bring forward this proposal. I think we think about the creative economy in Fayetteville and how we support the creative economy. I think this will give us the opportunity to have that discussion tonight. I look forward to the input from both sides as well. Kit Williams, City Attorney: I would consider, Mr. Vice Mayor, that the applicant be TheatreSquared. They should be able to be given the extra time that an applicant would have and speak first to present their proposal. Martin Miller, Executive Director of TheatreSquared, spoke and gave the history of TheatreSquare. He went on to give a current description of the business model of the organization. Mr. Miller thanked the City of Fayetteville for all the support that TheatreSquared has received over the years. Mr. Miller provided a detailed description of TheatreSquared's request that the lease between TheatreSquared and the City of Fayetteville. Mr. Cliff McKinney, Attorney for TheatreSquared, spoke and explained the request of amending the lease. He explained that due to the amount of money TheatreSquared spent to renovate the building he felt that the City of Fayetteville should understand and honor this request. He went on to talk about the increase of value of the property after the renovations occurred. Council Member Scroggin: We mentioned both sides of the issues. I am excited to hear that. It was nice to get a lot of calls about arts and entertainment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 6 of 23 The City Council received 15 public comments regarding this resolution. Kit Williams, spoke and read the seven -page memo that he had sent to the City Council. This memo addressed the statements that Mr. McKinney had made in a previous email sent to the City of Fayetteville in addition to the statements made earlier in City Council meeting. Council Member Jones: Thank you Kit for sharing that information. I understand that there has been some conversation with TheatreSquared and the administration. Since you said this is illegal, why wasn't it communicated that it was illegal then? I am under the impression that they were told we would do it later but if it is illegal then why would that even be considered? Kit Williams: Obviously, lawyers can disagree with what is legal and what is not. Their attorney thinks it's legal, and I, after carefully studying this, and it was difficult for me. I really like TheatreSquared and their management. I had to not let that cloud my judgement. I finally had to come to the conclusion that there is just no way that this would pass legal and constitutional muster. As I said in my memo before, and in emails to you about a month ago, I do not think it is legal. I do think it would endanger their current lease. Right now, our lease is strong. If we take out supports from the lease it might be attacked. I would hate to see that. I want to see TheatreSquared continue and prosper, which they have been doing. Council Member Jones: I am conflicted right now because I am hearing some, "I thinks" and then I am hearing the law. Is this absolutely illegal for the City Council to do. That is my question. If we were to move forward with this, is this totally and absolutely illegal? Kit Williams: That would never be firm until a judge said you were. By then it might be a little late on stuff. No, I am warning you that this is an iffy project. There is a tremendous amount of risk in it to our taxpayers and also to TheatreSquared. No, I will not say that it is without a doubt illegal and unconstitutional but it sure has a lot of problems with it. I am very concerned about it. A few other times when I have had to caution the City Council, I have never said if you do that it is absolutely illegal because you don't know until the courts tell you. Council Member Jones, spoke and presented his question again regarding the legality of the resolution. He went on to talk about the support for the resolution from citizens that had contacted him directly. Kit Williams, spoke and echoed his earlier comments regarding the legality of the amendment to the lease. Council Member Jones: I am interested in knowing some options. What are some available options besides the lease? I am looking to supporting TheatreSquared in that capacity. Susan Norton, Chief of Staff: Excuse me. I've got to say something about exploring other options because this is something that we've been working on in the administration through the planning we have been doing. You heard Allyson Esposito from CACHE speaking earlier about the Municipal Arts Alliance in the regional effort that we all have underway and as you know we are 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 7 of 23 about to hire our first Cultural Arts Director, so we have a planning process that is underway and we have study group or professional development effort with CASH but we are going to be hearing from experts across the country about the different models for how we support the arts in general. As we gear that process up, I didn't mean to interrupt you all but when the insistence was how else can we support the arts, there are many models across the country and we are going to bring back to you all through this planning effort something that will make sense and support the arts across the community and that is all I am going to say about that right now but it is well underway and there are many options. Council Member Hertzberg: I have a question for Kit. What would the consequence be for TheatreSquared if the lease was ruled unconstitutional or at least the amendment was unconstitutional? Kit Williams, spoke and explained that it depends upon the reason why it was found unconstitutional. He went on to further explain his concerns regarding the 100 year lease that is already in place. Council Member Jones: Kit I have a question. Is there any way that we can hear something from Cliff their attorney? Vice Mayor Kinion: I think we need to get back to the discussion that we are talking about here and then we go there later if that is okay. Council Member Jones: That's okay. Council Member Bunch: I am very sorry that I was npt able to attend in person tonight. I had a family controversy. I really appreciate you filling in for me. I do believe we must listen to the City Attorney and understand his concerns. I feel one of the reasons I co -sponsored this was in order to be transparent that we should bring this to Council and discuss it completely. That seems to be what we are doing here. To address D'Andre's concerns, Kit has representative this city extremely well over a very long time, but he is not omnipotent. He does not know what the court would decide. You can't say whether it is absolutely illegal or legal he just has a vast knowledge of it is possibly not legal or would not be interpreted that way. We have a lot of things to consider here in order to ensure we have done our due diligence on this request. I have heard from lots of people who are not in favor of this. It is no indictment against the arts in our community because I believe everyone does love the arts in Fayetteville. Especially TheatreSquared and the Walton Arts Center and all of The Ramble that will be coming along there. Everybody is excited about these things. We all understand that the arts are an economic driver for our community. What we have to decide is if we want to support any type of amendment to the lease or any other way to support TheatreSquared or we want to rework their amendment completely. We have a lot of options here. Or we just don't do anything here, that is also an option. I am glad we are having this discussion. Council Member Scroggin: I have a sequence of questions. I am a landlord myself of rentals so I kind of understand some of the issues. Who decides the color of the paint? If we are taking care of the maintenance, do they paint it and then bill us? Is it our people that are going to paint it? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 8 of 23 Kit Williams: That is not in the lease. Council Member Scroggin: If we decide to continue to repair an HVAC system that is kind of failing but isn't working well enough for the people that go there, how would that be handled? Kit Williams: Under the lease amendment, if TheatreSquared was unhappy with how we were repairing the facility they could sue us for that and say we are not doing the right job. Council Member Scroggin: We absolutely have to have a cap on what we are paying for. Right now, we don't have one. I am a landlord and a general contractor and if you tell people to just go grab what they want all of a sudden, the price goes up. I assume if we are the ones footing the bill it will magically not be $188,000 the next day. You will go get better paint, better carpet, and better flooring. Who is to decide the flooring needs to be replaced now or in eight years? I would feel a lot better if there was a price point. That way TheatreSquared is in the position to best decide how to spend those dollars instead of just getting nicer stuff. I know peer cities were brought up a lot where the peer city gives money, they have board members appointed either by the mayor or the nominating committee to oversee it. There is some governance. When you are giving an entity money then you want to see what is going on. I know we received the 990's but there is not enough in there to decide. I also reached out to the Urban Land Institute of Northwest Arkansas, kind of asking what long-term maintenance of a buildings is. What is a cost? We don't know that and obviously their response was it is kind of hard to predict that. Based on what I am looking at 1 % of the building. So, you can expect over a long period of time it is about 1 % over the value of the building. You don't spend that every year, you escrow, because the HVAC is going to go out at some point and need to be replaced. That is $200,000 or $300,000 or $188,000 is what they are asking. So, in my mind that is a ask of $400,000 or $500,000 a year not $188,000. We would like to know that and look to cap it. If we insure the building and something happens. Who does that get paid out to? Does that go to the City? Do we get to decide at that point that we are going to rebuild it or not? Or do they get to decide? Is the insurance enough to replace the actual replacement costs and not depreciated value because it is harder to build a new building. We mentioned helping and solar has been brought up several times. Is this a government building where the master plan is to put solar? Do we plan on paying for that? Susan Norton: I can answer that. It is not on the current plan for the Johnson Controls Contract that is coming forward. Council Member Scroggin, spoke and talked about how to best support TheatreSquared. He went on to talk about the risk the City would be taking by supporting this amendment. He finished his comments by explaining that he would like to continue the discussion about how to best support TheatreSquared. Council Member Turk, spoke and talked about her support of the arts in Fayetteville. She echoed the concerns that the other Council Members had made earlier in the meeting. Council Member Bunch: I would like to suggest that we either table or hold this item. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 9 of 23 Council Member Wiederkehr: Kit, I think it would be helpful for the council if we defined what the threshold would be for fair, adequate, and equitable consideration to be achieved. For me that is a floating item out there. If it can't be defined, then maybe we can have a discussion about the parameters. Then we could at least know what the threshold for that being achieved if council were to consider revising the lease. Kit Williams: The threshold would be the amount of new consideration. Not consideration that was already there in the first lease agreement. The only thing that is new consideration that they have offered is to raise the number of required performances by 30% from the amount that they did in 2015 to the amount they did in 2019. The value of that to the city is vague and it is certainly not very substantial. Consideration to make the kind of changes they are talking about would have to be much more dramatic than that. I think that basically we can't come up with any. I tried to think about it and I talked to them about it, what can we come up with. I don't think there is consideration out there that was not pledged in the lease and one of the reasons for that is probably my fault. When I drafted the original lease, I wanted it to be protected. I wanted to put all the consideration that TheatreSquared could give us as support for this no cost lease. I wanted it to be legal and constitutional and it is. There is not much consideration that they could give, and I think that rather than trying to find something and make a tiny tweak on what they have to do, it would be much better as the Chief of Staff has said, and as I have said, that there are other ways to support TheatreSquared that does not endanger the lease. This lease is a very valuable asset for them, and it is very important for the City. We should be very careful not to endanger this lease. Vice Mayor Kinion, spoke and explained that it was a tough decision to make. He went on to make comments on what a great job management does managing the money of the organization. He also talked about the sustainability of the organization and expressed his hope to provide aid from the City of Fayetteville aiding without amending the lease. He went on to echo the concerns of other Council Members and expressed support of Council Member Bunch's idea of tabling this item in order to further the discussion of how to help. Council Member Bunch, spoke and mentioned that she had received a message regarding this item from the chair of the Fayetteville Arts Council. She went on to say she is still in favor of tabling this item. Vice Mayor Kinion, spoke and agreed with Council Member Bunch and went on to say he commended TheatreSquared for everything they have done for the City of Fayetteville. Council Member Harvey, spoke and agreed with Council Member Bunch and Kinion. She went on to explain that the Fayetteville Arts Council had not discussed this item. Council Member Jones: I certainly support tabling it too, however, I must say that in tabling the conversation I would for us to define the value of the consideration that TheatreSquared proposed and look at creating a renewable lease that minimizes the risk. Council Member Scroggin, spoke and asked for a clarification on the tabling procedure. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-a, City Council Meeting Minutes June 7, 2022 Page 10 of 23 Kit Williams, spoke and explained the process of bring the item back to be heard by council if the item is tabled indefinitely. Council Member Kinion moved to table the resolution indefinitely. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. This resolution was Tabled Indefinitely. Patricia Knepp Water Damage Claim: A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $40,000.00 to Patricia Knepp for water damage remediation at 3252 North Makeig Court. Tim Nyander, Utilities Director, spoke and explained that the water damage occurred on 09/20/2021 after a water main break. He went on to provide a presentation with pictures that showed the amount of damage occurred on this date and said that Patricia Knepp had filed a claim with her insurance company, and it was denied. He also explained that due to COVID the repairs were taking longer than usual due to supply chain issues, but the family was able to make some repairs on the home. Tim listed out the expenses and provided a list of reimbursements that had been made to the family. Council Member Scroggin, spoke and explained that he had visited the area the night of the flooding event and the next day. He went on to describe the destruction of the area caused by the water main break flooding event. He went on to express his support of this item. Tim Nyander: One thing that I didn't point out is that we estimated that we lost 25 million gallons of net water. Our tanks did go down to just a couple of feet that evening. Council Member Turk: We can legally authorize payment up to $40,000 but they are requesting $48,000. So, it would be an $8,000 difference that may be attributed to inflation? Tim Nyander: Yes ma'am. Kit Williams, City Attorney, spoke and explained that the City of Fayetteville has a $40,000 cap ordinance for water damages. He went on to explain that this ordinance was passed several years ago and did not account for future inflation. Council Member Bunch: I would like to explore what you just described. You said that these people have suffered more than anybody else. I truly believe that. They got hit the hardest in this catastrophic event. If there is something that we can do in order to help them out a little bit more, I would be in favor of doing that. I know the couple is elderly, the husband has dementia and he had to be moved out of the home. It is just more than a little damage to their home. When Sloan says it looked like a bomb went off, he is absolutely right. I have never seen anything like that in my life. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page I I of 23 Council Member Hertzberg: What would the time difference be if we were to do the retroactive ordinance versus holding this and then creating the ordinance? Kit Williams: My recommendation procedurally would be that you do not act tonight on this claim. That you instead ask me to update the ordinance by 25% more so the top would be $50,000. We would have to walk it on through the agenda because I think it is too late to make the agenda through the normal way you would do it. We could walk that new ordinance onto the agenda with an emergency clause. That would have to be passed at the next meeting before you would actually go back to this one and determine exactly how much you felt should be paid back to the citizens for their damages suffered because of our water main. You would need to table this one and I would work hard to get the other ordinance ready and done. Then we could go through that procedure. They would have to wait at least one meeting in order to have this done properly. Council Member Jones, spoke and asked about the due right rule. He explained that this rule applies if the customer did not have the ability to control it. Kit Williams, spoke and explained that the due right rule has been used in the past and it was not successful. Cindy Caudle, Applicant Representative, spoke and explained that she is the daughter of the couple requesting reimbursement from the City. Cindy went on to say that she wished this item did not have to be tabled and explained what a hardship she and her family had been through the past 8 months. She did go on to say that in order for her parents to be reimbursed the full $48,000 they were willing to wait for two more weeks until the next City Council meeting. Council Member Scroggin, spoke and explained that if the Council votes now they can only approve up to a $40,000 reimbursement. If they wait two weeks, they might be able to approve a $48,000 reimbursement. Cindy Caudle, spoke and explained she understood and said they will wait two weeks. Council Member Hertzberg: If we pass this right now, how quickly would residents be reimbursed? Kit Williams: I don't think there is any way. Or be very iffy to do that. When we issue payments, we require a release. When you sign a release, you give away all your rights. I think it makes a lot more sense to wait two weeks and to do it right the first time and get it done then to try to do something else now. Council Member Turk, spoke and wanted to know how quickly the applicant would receive the check for reimbursement. Kit Williams, spoke and explained that Paul, the CFO, would have to explain that. However, Kit went on to say that the Accounting Department might be able to print an expedited check. Council Member Hertzberg, spoke and repeated what Kit had said and asked for clarification. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 12 of 23 Kit Williams, spoke and explained that if approved now the council would only be able to provide a $40,000 reimbursement. Council Member Bunch, spoke and expressed support in waiting in order to provide the $48,000 in reimbursement. Council Member Wiederkehr, spoke and echoed what Council Member Bunch previously said. He directed a question to the applicant and asked if the applicant could wait. Cindy Caudle: That is what we will do. Council Member Wiederkehr: So, you would rather wait to receive the larger sum of money? Cindy Caudle: I would prefer to delay for them to be fully reimbursed. If that takes two more weeks, then I would prefer that. The City Council received l public comment regarding this resolution. Council Member Turk: I would like to ask to add that the check be expedited. We had a motion on the floor to table this for two weeks, but I am also adding the request to expedite payment. Kit Williams: That request has been made and I will be working on it tomorrow. Council Member Scroggin moved to table the resolution for two weeks. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. This resolution was tabled to the June 21, 2022 City Council meeting. Sash Development, LLC: A resolution to approve a cost share agreement with Sash Development, LLC for the installation of a fire hydrant and fittings for fire flow protection near East Spring Street and North Olive Avenue with a refund in an estimated amount of $9,900.00 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $1,980.00. Tim Nyander, Utilities Director, spoke and provided a presentation regarding the cost share agreement. He explained that staff approved of a 40/60% spilt with the City paying 40%. This item was heard by the Water and Sewer Committee on 05/10/2022 and the Committee amended the cost share request to reimburse for the fire hydrant and fittings only. Sterling Hamilton, applicant, spoke and gave a presentation explaining the benefits of a cost share agreement. He went on to explain the history, mission, and provided examples of the work done by his organization. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 13 of 23 Council Member Wiederkehr, spoke and agreed with Mr. Hamilton regarding the statement that ambiguity deters investment. He went on to explain the he wanted to look at expenditures that can have a nexus to benefit the community. Council Member Wiederkehr also explained that by expanding the infrastructure it provides the consistency that he supports. Council Member Turk, spoke and explained that she has seen a lot of cost share agreements come before the Water and Sewer Committee over the past 3.5 years. She explained that when this cost share agreement was presented it was the first of its kind due to the fact that it only benefited the new development. Council Member Scroggin: On other previous cost shares and in -fill, has this rule been applied that it has to benefit other people? Tim Nyander, spoke and explained that there are two types of cost share agreements. The first type of cost share benefits the users and additional users. The second is a cost share agreement for infill development. He went on to explain that when the city enters into cost share agreements for infill it allows developers to better manage costs associated with the development thus ensuring the project's completion. Jonathan Curth, Development Services Director: I think it also bares reiterating what the applicant noted. This policy is imbedded in our long-range planning goals that we have adopted. i think it is very easy to look at it on a site by site basis, but it is critical to take a whole city perspective. This is ultimately a conversation about fiscal solvency or insolvency. The idea goes that every time we invest in our infrastructure internal to the city where you have fewer linear street sewer, water, and stormwater is that much less feet on the exterior of the city where it tends to get at a higher ratio, more feet per lot or unit, to the point where it will render the city fiscally insolvent. It is a two-piece conversation to think about. It is critical to recall that the policy has its roots in both of those. Vice Mayor Kinion: Thanks Jonathan. I was going to mention that too. I was on this committee for 11 years and when the city moved to place infill as a higher priority, especially in the central part of the city, then this was a way we could support that infill and it was measured as a benefit. If you are looking for how it happened, that is what we were doing because we were meeting the goals set by the City Council. Sometimes it does help other people that are in the area but that is not always the case. Especially in the higher density areas where the development has been in place for so many years. The infrastructure is behind what the development needs to be. That is why we have done it that way in the past. Things change and there are different people on the Committee, there are different people on City Council. We really had the ideal of having infill, especially in the center part of the city, to prevent sprawl and this was a way we could help encourage that. Susan Norton, Chief of Staff: Tim before you sit down would you please also describe at what point you established a separate funding mechanism? There is a stream of money right? Tim Nyander: There is a cost share based on impact fees that can be used anytime you increase the capacity for water and sewer lines. That is the only time you can use infill money. Cost shares 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 14 of 23 are exactly that, you typically increase the side of pipe. The way that it works is that if that stream of money runs out for any reason there would be no more cost shares. That is part of the rules of cost shares. We always vet each and every case. Vice Mayor Kinion: I should have mentioned that also. When we talked about impact fees and we have part of that set aside for this type of development, then its really not the rate payer that is contributing to this fund. It is the developers with their impact fees. We have to run the water and sewer solid waste as an enterprise. It is an enterprise fund, it supports itself. We did work to put this in place so that it is not a direct impact on the rate payer per se but on the developer that is paying an impact fee. Council Member Scroggin: I personally feel that we should support the full amount and if we want to change the rules then change the rules in the long term. If you are going to stop it at one space, then it needs to be announced before not when somebody is in the middle of entitlements. Vice Mayor Kinion: I do think there is an understanding with developers. When we set up the fees there was an understanding that part of that would be reserved for this type of activity. That would have been about 10 or 11 years ago. Council Member Turk: Tim you have had utilities for quite awhile. Have you ever seen a similar case as this where it only benefited the new development and did not connect up to the rest of the system for a cost share application? Tim Nyander: I would say yes, but I would have to look in the records. Like I said before we do have a cost share for infill. It is always necessary to hook up to create a loop. It is necessary for the project to move forward because the cost of infrastructure is so high. Kit Williams, City Attorney: I have a question. Does the resolution include the cost share recommended by the Water Department or the cost share recommended by the Water and Sewer Committee? Vice Mayor Kinion: That of the Water and Sewer, looks like to me. Tim Nyander: We had to bring the resolution exactly like the Water and Sewer Committee gave to us. Vice Mayor Kinion: The difference between what the administrative department offered as a offer knowing it has to go to the Water and Sewer Committee and also knowing it has to go to City Council. i do not know what you all had offered. Tim Nyander: The original recommendation for the cost share was $21,940.00. That was the cost share for the installation of the water line. Kit Williams: Was there any contingency? Tim Nyander: There was a 20% contingency. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 15 of 23 Council Member Harvey: i want to withdraw my motion. Council Member Scroggin moved to amend the resolution to the original staff recommendation. Council Member Kinion seconded the motion. Upon roll call the resolution passed 6-2. Council Member Scroggin, Bunch, Hertzberg, Harvey, Jones, and Vice Mayor Kinion voted yes. Council Member Wiederkehr and Turk voted no. Council Member Harvey: Because we do have the committees, I think it is an important discussion that we've had. I want to appreciate the committee members for their consideration of the taxpayer dollars and investment. i want to thank you guys for catching that. I also want to honor the infill incentive as well. in weighing one over the other i am going to go with the infill incentive; however, I appreciate your consideration for the taxpayer dollars. Council Member Harvey moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 6-2. Council Member Scroggin, Bunch, Hertzberg, Harvey, Jones, and Vice Mayor Kinion voted yes. Council Member Wiederkehr and Turk voted no. Resolution 137-22 as recorded in the office of the City Clerk RZN-2022-019 (811 N. Olive Ave./Patton): An ordinance to rezone that property described in rezoning petition RZN 22-019 located at 811 North Olive Avenue in Ward 2 for approximately 0.11 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and gave a description of the property and explained that the applicant requested to rezone the property from RSF-4, Residential Single Family 4 units per acre to RSF-8, to allow 8 units per acre. Jonathan went on to explain that by approving this request the Council would be bringing a non -conforming lot in both area and width into conformance with the RSF-8 zoning code. This request was supported by city staff. Council Member Turk: I just want to make sure i understood this. So, the only entitlement in this piece of property that would change from RSF-4 to RSF-8, is that they could build a shed essentially. Is that the only entitlement that would change at all? Jonathan Curth: Basically, it is just a reduction in that rear set back from 15 ft. to 5 ft. The most common thing you see citywide is sheds. Another example might allude to SE of this property is they wanted to build an ADU on the property. Council Member Turk: But they would be entitled to do that anyway, they might just have to have the set back. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ai City Council Meeting Minutes June 7, 2022 Page 16 of 23 Kit Williams, City Attorney: RSF-8 would also make this a conforming property. So, if they wanted to enlarge the house they could, and in the way it is right now they couldn't. Council Member Turk: It looks like, just from the map, there's not much room to enlarge. I haven't driven by there. Kit Williams: I am just talking legally. Susan Patton, Applicant, spoke and explained that when she opens her back door, she is in the set back. She went on to explain she might like to have a patio cover. She went on to express that her desire to bring the property into conformity was the reason for her request. Council Member Scroggin, spoke about re -modeling a home close to this location. He talked about the value of the home and spoke in support of the request. Council Member Wiederkehr: Jonathan, the structure was built in 2013. How did they do that on a lot that was substandard for zoning. Jonathan Curth: That is a good question and something i appreciate but to have inherited in Fayetteville's ordinances. There is a non -conforming uses lots and structures section of our code that allows some level of entitlement on a property if you meet some base line requirements. For lots if you have at least half a lot width and you have street, water and sewer you can build a house on it. It doesn't exempt them from any title conflicts that it may create. It also prevents a shed, an ADU, or an awning over a porch. Council Member Harvey 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 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. Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6569 as Recorded in the office of the City Clerk ANX 2022-001, Annexation (Southeast of N. Hughmount Rd./Cullers): An ordinance to annex that property described in annexation petition ANX 22-001 submitted by Windell Cullers for property located southeast of North Hughmount Road and northwest of Ward 4 containing approximately 41.53 acres. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 17 of 23 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and gave a description of the property and explained that the applicant is requesting to annex the land into Fayetteville. He went on to explain staff recommends approval based on a review of city boundaries, environmentally sensitive areas, emergency and public services, access to city water, and street access. Jonathan also described how zoning works in the county versus the city. Justin Cullers, Applicant Representative: I think Mr. Curth has said everything that needed to be said. I am happy to answer any questions. Council Member Scroggin: I have a question for staff. You mentioned that there is some semi - undeveloped roads that would be included in this. Would we be required to bring those up to any standards at any point until a new development is proposed. Jonathan Curth: Not typically. Mr. Williams may be able to speak to that from a state statute standpoint. We have annexed many miles of road into the city over 150 years. It has not always been up to city standard. As development occurs or as street improvement budgets allow, we have made improvements. This needs minimum fire access, 20 ft. of paved width, which is what fire code requires to safely access an area. Council Member Scroggin: So now it would not be a burden on the city or taxpayers until they come up with an actual proposal? Then we could look at it then. Jonathan Curth: I think the biggest concern I have heard consistently, just in this general area, is the bridge. Further south where Hughmont immediately before, depending on which direction you are going, as you leave Mount Comfort road going to the north on Hughmont the bridge there appears to be a structural concern to people. When the Hughmont annexation came through we did receive a report that it was structural sound. Council Member Scroggin: The bridge is not in the annexation? Jonathan Curth: Correct, it is further south. Council Member Scroggin: So, it would be the county's issue? Jonathan Curth: It is our issue after the Hughmont annexation. Council Member Harvey 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 Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 18 of 23 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. Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6570 as Recorded in the office of the City Clerk VAC-2022-013 (4180 N. College Ave./Chick-Fil-A): An ordinance to approve VAC 22-013 for property located at 4180 North College Avenue in Ward 3 to vacate a portion of a water/sewer easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and gave a description of the property. The applicant is requesting to vacate the water and sewer easement on the property in order to redevelop the site. Brian Burger, Applicant: I would be happy to answer any questions you have. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Turk 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. Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6571 as Recorded in the office of the City Clerk VAC-2022-011 (1148 & 1156 N. Thoreau Ln./Hash): An ordinance to approve VAC 22-011 for property located at 1 148 and 1156 North Thoreau Lane in Ward 3 to vacate a portion of a general utility easement City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 19 of 23 Jonathan Curth, Development Services Director, spoke and provided a description of the property. He went on to explain that the request is for the last two lots of the subdivision that have not been developed. Jonathan explained that there is a 25 ft. easement on the uphill slope of the property that the applicant would like to vacate. The applicant requested to vacate the easement to ensure that the tree canopy will stay behind the property. Council Member Turk: Did I understand you correctly that the reason why they want to vacate it is so they can preserve the trees? Jonathan Curth: They want to ensure that the preservation of the trees are in their control, not in the utility company's control. 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 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 Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6572 as Recorded in the office of the City Clerk VAC-2022-012 (4391 N. Waterside Ct./Wheatley Dance Studio): An ordinance to approve VAC 22-012 for property located at 4391 North Waterside Court in Ward 3 to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and provided a description of the property and explained that the applicant has requested to vacate the speculative easement. The applicant would like to place a dance studio on the two lots that are separated by the utility easement. Rick McGraw, Applicant Representative: I am here to answer any questions you may have. 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 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 June 7, 2022 Page 20 of 23 Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6573 as Recorded in the office of the City Clerk VAC-2022-014 (5102 W. Wedington Drive/Roczen Duplexes): An ordinance to approve VAC 22-014 for property located at 5102 West Wedington Drive in Ward 4 to vacate a portion of a water/sewer easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and provided a description of the property and explained that the applicant requested to remove the existing sanitary sewer line and incorporate it into the development. Jonathan explained that the line would be re-routed to the south, so it connects to a larger septic line that has a larger capacity. Josh Hailey, spoke and explained that Jonathan covered everything. He said he would be happy to answer any questions. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted 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 Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. City Attorney Kit Williams read the ordinance. Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Ordinance 6574 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 June 7, 2022 Page 21 of 23 Amend §174.02 Permit Application/Issuance: An ordinance to amend § 174.02 Permit Application/Issuance of the Unified Development Code by deleting subsection 8 from subsection (a) Application. City Attorney Kit Williams read the ordinance. Kit Williams, City Attorney: As I explained during the agenda session, I was presented with this problem of 1 of 8 of the requirements for permit applicant to be approved by the Planning Department for a sign. The recent decisions by the Supreme Court have continued to tighten the requirements of what we are allowed to do in first amendment cases. One of the requirements is that we are not allowed to give city official or the Planning Commission the body very much discretion whether or not to approve a request for a sign. You can do things like the size of the sign, which is spelled out, the location, that kind of stuff. When it comes to anything discretionary like whether it meets commercial design standards, that the courts would not like. Therefore, I suggest that we repeal subsection 8. The other seven requirements are all good and will remain. Subsection 8 should be removed because I believe it clashes with the most current Supreme Court decisions. Council Member Turk: So is this really about the color and the design? Or is it more about taking away the discretion of something? I am thinking of Harrison, they had these anti -inclusion signs. This has nothing to do with that right? Kit Williams: We can talk about the size of the sign, the location where it can be, how tall it can be, what kind of percentage of the wall it can cover. Those things are all okay. When it comes to the style of the sign or if you like that font or not, or does it fit in with the other, we can't do that. The courts, I believe, would think that is too discretionary. Where the courts are afraid is that any government has discretion that is firmly controlled by these simple decisions. Then we are going to discriminate against signs we don't like or the person we don't like that has that sign. So, they have made the rules more and more strict to prevent the city of having any discretion when it comes to the style of the sign. 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. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted 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 Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 22 of 23 Vice Mayor Kinion asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Scroggin, Turk, Hertzberg, Harvey, Jones, Kinion, and Wiederkehr voted yes. Council Member Bunch was absent. Ordinance 6575 as Recorded in the office of the City Clerk Amend §159.01 Fees/Schedule: An ordinance to amend § 159.01 Fees/Schedule of the Unified Development Code to adopt increased variance request fees, eliminate an obsolete accessory dwelling unit fee, and create fees for services that are currently provided without any cost recovery. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: I gave a very lengthy presentation at the agenda session. I appreciate you all affording that opportunity to me. I will leave it up to you all if you all would like me to expand on anything or if you have any questions. The only update I have is that we did reach out again to what we consider our departmental frequent fliers, the applicants that submit a lot of applications, engineers, developers, surveyors and we have received one piece of feedback to date. That was that the fees seemed very reasonable and they appreciate anything they perceived to improve staffs response in this. Whether that be a fee that can help filter out frivolous requests for staff time for some of the items we are doing for free right now. Or whether it is a re -inspection fee where there is no fee for not being prepared for your inspections. Our public works inspectors are going out to sites, for somebody who is not prepared and had no reason to cancel their inspection because there is no cost associated with it. I think you all, in recent rains, are very well aware that a lot of our staff is extended pretty far. Our public works inspectors are usually our front line when it comes to concerns about drainage. If they are not available or able to respond promptly when there is a water issue that is hard to document, it. That is probably the biggest piece of this request. Council Member Turk, spoke with her appreciation of the one comment that Jonathan had received was supportive. Jonathan Curth: I have been paying attention tonight to see if people were dropping off. I want this to be as apparent and clear as possible. That comment came from the President of the Northwest Arkansas Homeowner's Association. I like to think he speaks for a larger group in a lot of ways. That is consistent feedback we have had from a lot of our applicants is whatever our fees are considered so nominal to many of our applicants that does not pose any obstruction to their ability to deliver a product. They see it as a mechanism for staff to be more equipped, prepared, and available to address their issues. To responded to review times quicker and to respond to resident needs as well. Despite the name development services we are not there just for the development community. We also respond to a lot of resident concerns and needs. Susan Norton, Chief of Staff: I will also add that anyone who signed up and might have dropped off, I am looking at the sign-up list for zoom, and there were no participants who asked to speak on that item. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 7, 2022 Page 23 of 23 Council Member Hertzberg: Would you guys be okay with holding this, or maybe moving it to the second reading just so we can make sure there is no additional comments since it is fairly late. Jonathan Curth: Certainly, this came through the Planning Commission in February. A lot of that time between was making sure people knew about it. We did make two revisions that I touched on at agenda session. They were minor, clarification revisions, then we wanted to go back to the Planning Commission and confirm they were comfortable with that. All that is to say, I think there has been a lot of outreach, but I don't think there is any harm at this point to wait a few more weeks if that is Council's preference. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Member Scroggin, Turk, Hertzberg, Harvey, Council Member Bunch was absent. City Attorney Kit Williams read the ordinance. Upon roll call the motion passed 7-0. Council Jones, Kinion, and Wiederkehr voted yes. Council Member Hertzberg: Just to be clear on this, I am in 100% favor of this. I just want to give it two more weeks. Council Member Wiederkehr: I would like to echo my support for these new fees. I commend the administration for bringing this forward and not opposing this. Also, for the study of existing fees which in my opinion are long overdue for updating for the cost of the city doing business to provide service. I feel the professionals in the development community are willing to pay, it is a part of doing business, to ensure we have adequate staffing and resources available to service them in a timely manner. I not only support this but I whole heartedly support any future fees surveys that the city would enter into either with or without consultants. This ordinance was left on the Second Reading. Announcements: ON Council Agenda Session Presentations: City Council Tour: FAYE Il EVILLE r 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov