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HomeMy WebLinkAbout2022-06-21 - 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 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting June 21, 2022 City Council Meeting Minutes June 21, 2022 Page 1 of 15 Council Member Sloan Scroggin Ward 3 Position l 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 21, 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 Member Harvey and Jones joined the meeting via online using a video conferencing service called Zoom. Vice Mayor Sarah Bunch, Council Member Teresa Turk, Holly Hertzberg, Mark Kinion, 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 Willie Watts and staff members from the IT Department were present in City Council Chambers. Mayor Lioneld Jordan and Council Member Scroggin was absent for the entire meeting. Pledge of Allegiance Mavor's Announcements, Proclamations and Recot'nitions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 2 of 15 City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Vice Mayor Bunch, spoke and read the nominating committee report. She explained Gil Gildner was nominated for one unexpired term ending 06/30/2026 not 06/30/23 for the PEG Advisory Board. Council Member Kinion moved to approve the nominating committee as read. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Monthly Financial Report Paul Becker, Chief Financial Officer, spoke and provided an overview of the sales tax report, franchise fees, beverage license applications, building permits, state turnback, City of Fayetteville fees, and interest on investments for the month of April. Mr. Becker went on to explain that overall the City of Fayetteville was up 10% and he also provided information about the City's street funds. Council Member Turk: When we have talked about this in the past, there were some delinquent water and sewer bills due to COVID. Have those been reclaimed or paid off? How is that coming a long? Paul Becker: We are working with the customers as much as possible. We have gotten some money from the state that helps. I think we have recovered about $30,000 in past due bills for those that are behind. We are working with the customers to work out the payments. We still have outstanding debt higher than we normally do but we are working that down. Agenda Additions: None Consent: Approval of the June 7, 2022 City Council Meeting Minutes. Amend the Master Street Plan: A resolution to amend the Master Street Plan by adopting Residential Link - Trailhead Parking as a new street section, and by designating the portion of South Smokehouse Trail between West Martin Luther King Jr. Boulevard and South Hoot Owl Lane as Residential Link - Trailhead Parking. Resolution 138-22 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 21, 2022 Page 3 of 15 McClelland Consulting Engineers, Inc. - 2019 Transportation Bond Project: A resolution to approve an amendment to the Professional Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount of $151,500.00 for the full design for phase l of the North Street Corridor Project, and to approve a budget adjustment - 2019 Transportation Bond Project. Resolution 139-22 as recorded in the office of the City Clerk Planit Geo, Inc: A resolution to authorize a contract with Planit Geo, Inc., pursuant to RFP 22- 01, selection #1, for the development of a ten-year Urban Forestry Plan in the amount of $73,550.00, and to approve a project contingency in the amount of $4,000.00. Resolution 140-22 as recorded in the office of the City Clerk Amend Resolution 96-22, Doggett Freightliner of Springdale: A resolution to amend resolution 96-22 and authorize the purchase of a freightliner recycling truck through Doggett Freightliner of Springdale for a new total amount of $206,825.00. Resolution 141-22 as recorded in the office of the City Clerk Approve AOP Policies for Fire Department: A resolution to approve policies AOP-121, Daily Staffing; AOP-127, Special Operations Section; and AOP-403, Fire Education Dogs as part of the Fayetteville Fire Department Administrative Operating Procedures. Resolution 142-22 as recorded in the office of the City Clerk Airport Flight Line Operations Technician: A resolution to increase the airport services staffing count by 0.40 FTE for a flight line operations technician, and to approve a budget adjustment. Resolution 143-22 as recorded in the office of the City Clerk Conduit Occupancy and Fiber Swap Agreement with OzarksGo, LLC: A resolution to approve a Conduit Occupancy and Fiber Swap Agreement with OzarksGo, LLC to allow OzarksGo to utilize the City's fiber conduit to install fiber optic cable in exchange for providing ten dedicated fiber optic strands for city use. Resolution 144-22 as recorded in the office of the City Clerk Approve Request to not Dedicate additional Right of Way along North Street: A resolution pursuant to § 166.04(b)(3) of the Fayetteville Unified Development Code to approve the request to not dedicate additional right of way along North Street for a lot split associated with the Fire Station 410 Project. Resolution 145-22 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 21, 2022 Page 4 of 15 Council Member Kinion moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Unfinished Business: Amend §39.10 Water and Wastewater Damage Claims And §39.11 Damage Claims other Than Water and Wastewater Damage Claims: An ordinance to amend § 39.10 Water and Wastewater Damage Claims and § 39.11 Damage Claims other than Water and Wastewater Damage Claims of the Fayetteville Code to increase the allowed compensation amount by 25% because of a decade of inflation and to approve an emergency clause. Kit Williams, City Attorney, spoke and explained the request he had received from the City Council regarding water and wastewater damage claims. He went on to explain if the City Council wants to approve any claim beyond $40,000 that this ordinance would need to be read and approved first. Council Member Kinion moved to remove this item from the New Business section and allow it to be heard before BA. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Jones: Thank you Kit for working on this for our citizens. This means a lot to the family and to Fayetteville as well. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin 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 21, 2022 Page 5 of 15 Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Council Member Kinion moved to approve an Emergency Clause. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Ordinance 6576 as Recorded in the office of the City Clerk 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. Council Member Turk moved to amend the resolution to authorize mayor to pay up to the total amount of $48,707.67 to Patricia Knepp. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Tim Nyander, Utilities Director, spoke about the water main break that happened on 09/20/2021 that caused damage to the home located at 3252 North Makeig Court. Cindy Caudle, Applicant Representative: I am here representing my parents, the owners at 3252 North Makeig Court. I appreciate you taking the time to consider their position and redrafting the code. Council Member Kinion moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Resolution 146-22 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. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 6 of 15 City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke about the item and gave a detailed presentation that addressed the City's development fees. He went on to provide examples of when fees are not being charged and should be and vice versa. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Wiederkehr: I just want to comment my support for this, my appreciation to staff for doing the work and the recommendations to bring before us. I have long standing concerns about any service for which fees don't cover the cost of delivering that service. That means that customer is being subsidized by other individuals. I view it as immeasurably fair that if I am the one receiving or requiring the services that I would pay for those services. I commend staff for bringing this forward. I personally look forward to other opportunities for additional fees where inadvertently someone is being subsidized by others that we review those and perhaps address those later this year. Council Member Hertzberg: Jonathan, thank you for bringing this back and for giving us a very nice presentation. I hope that everyone who may have missed the last meeting was able to make this one. Susan Norton, Chief of Staff: Council Member Scroggin wanted the public to be clear that these fees for temporary road closures had nothing to do with event permitting. Jonathan Curth: If you were not able to attend the agenda session, there was a question specifically about parades. These fees are meant for projects and not meant for Federal Express or UPS to have to pay for road closure when they make a delivery. Parades have a separate permitting process. This is when a project has an associated development or building permit or things of that nature. Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Ordinance 6577 as Recorded in the office of the City Clerk C. Public Hearing: Item 2022-0517, Discussion on Recommendation for Water and Sewer Rates effective January 1, 2023 has been placed under New Business as D.1. The public will be allowed to speak after the sewer rate ordinance has been read. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 7 of 15 New Business: Public Hearing: Discussion on Recommendations for Water and Sewer Rates Effective January 1, 2023: An ordinance to amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates to change water and sewer rates as recommended by the cost of service study conducted by Black & Veatch. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer, spoke about the reasons why the City of Fayetteville is bringing a rate study forward. He explained it had been 14 years since the last rate study and there is a requirement that cities have a rate study within five years due to a statute changing in 2021. If this rate study is not completed the City will be adjudged in financial distress. Anna White, Black and Veatch Representative, spoke and provided a PowerPoint presentation regarding the rate study that Black and Veatch completed for the City of Fayetteville. She went on to explain that the City of Fayetteville had three primary options and provided a detailed explanation of each option. Paul Becker, spoke and provided additional information regarding the impact of increasing rates along with a PowerPoint presentation. He also explained that this item had gone before the Water and Sewer Committee and they had supported the rate study. Council Member Hertzberg: Do we have an estimated increase for an average residential customer? Paul Becker: I do not have one at this point in time. I will have one at the next meeting Vice Mayor Bunch: Do we usually have some of our city partners, other cities, come in and address us during this time? Paul Becker: They have the opportunity to do that. That is why we have a public comment and that is also why we have a public hearing. Kit has suggested that we delay that public hearing. We re -advertised it to make sure that we properly follow the statutory code. We will have a public hearing on the 19`h if you agree with that. Kit Williams, City Attorney: They can address us right now too. Vice Mayor Bunch, spoke and asked questions about how to notify other cities that use services provided by the City of Fayetteville. Kit Williams: That is what is statutorily required for the public hearing. Of course, our ordinances are also in the public. There is a specific requirement that we put an ad in the paper at least 10 days before the actual public hearing. As I have said in my memo to you, I think that should be on July l9`h, but we are not there yet. We need to first get public comment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 8 of 15 Paul Becker: Tim Nyander has contacted the mayors of the cities and advised them of what the rate structure would be. We have heard some comments from them, and we will be happy to answer those questions at the time we have the public hearing. Council Member Turk, spoke and asked the Mayor of Westfork a question during his 5-minute public comment. She asked a question about the contract that Westfork signed with the City of Fayetteville under two years ago. She wanted to know if the contact addressed charges and rate changes for West Fork. Heith Caudle, Mayor of West Fork: It does mention rate studies. As you can imagine, it was written by an attorney. So, the rate study portion of our contract and the rate portion of our contract are not very clear. I will give you an example of that. Fayetteville is entitled to a reasonable rate of return on its investment on assets employed to provide wastewater service to West Fork in the approximate amount of 2% above the average bond couponed outstanding debt at the time of the most recent comprehensive cost of service study. I am an accountant and I have no idea what that means. Council Member Turk: I am not a lawyer but that sounds like it didn't lock you into a specific rate. That it allowed the study to prevail. Heith Caudle: It certainly provided mention that the City of Fayetteville would do rate studies when we signed into this, we had no idea that it would be less than 2 years into the project. I would also mention that Black and Veatch point out that sewer growth in the City of West Fork is flat. They are not expecting any growth in the City of West Fork throughout this term through 2026. While they are projecting 40,000 new accounts in the City of Fayetteville. The growth and the need for excess revenues is at home. The City of West Fork is not adding any additional needs or requests for demand on the system. Vice Mayor Bunch: Kit and Paul, since Mayor Caudle has brought up this issue, I am not sure how big that contract is, but I think it might be advantageous for us as a Council to have a look at that since he addressed specific items, in the West Fork area. Kit Williams: I will be happy to provide a copy to the City Council. It is fairly long, just like most of these contracts. It is a contract that we have had very similar to this that we have had with Elkins for decades. We basically were trying to treat both of our outside cities that were on a wholesale, as you would say, rate. We tried to treat them similarly. That is really the basis for a lot of the contract as was drafted for West Fork. Of course, they had their attorney's too just like us. It was agreed to and adopted by both cities. Vice Mayor Bunch: I understand that, but I would still like to take a look at that since the questions have been presented. Heith Caudle: Would you agree that this is voiding this current contract, this rate proposal change, would you agree that it is voiding the current contract. Kit Williams: No, I would not agree with that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 9 of 15 Council Member Kinion, spoke about his understanding of the events and process of when West Fork approved the contract. He also went on to talk about the true amount of West Fork's impact on the system as compare to the entire system. Vice Mayor Bunch: Thank you for that Mark. I really believe I might have been on Water and Sewer Committee when we first did this. I think it is good we look into this because we might not agree with the mayor, but we need to look into it. I am from Elkins and I know what the fees are in Elkins. There is a lot of growth in Elkins, there are a whole bunch of new houses being built out there. I think there is supposed to be 200 or 300 new houses being built in the next couple of years, so this may be a different situation than West Fork. Council Member Turk: Thank you for bringing this to our attention. I do think we need to look into why you were not categorized as a wholesale sewer customer. That is something we need to look into and figure out. Maybe we made a mistake or have a different definition that needs to be modified. I do want to commend the citizens of West Fork for hooking up to Fayetteville's wastewater treatment system. That has cleaned up the White River substantially and will continue to do that for a long time. I really appreciate that, and we will take a look at that. The City Council received 2 public comments regarding this ordinance. Susan Norton, Chief of Staff. We did have a staff presentation that ran over what Mayor Jordan would not typically allow. We kind of anticipated this but felt like there is so much information to share we ran over by about 6 minutes. If you all would like us to try to trim back to 10 for the next presentation, we can work on that, but as you heard the information that was presented is about as much as we could cram into that period of time. I wanted to ask ahead of time, so we don't have that issue about letting our staff go over. Vice Mayor Bunch: I have no problem letting them go over. I think it is kind of necessary, it is a big change. We haven't had a rate study in 14 years so I think it stands to reason it should go over a little bit more. Kit Williams: You certainly have within your Rules of Order and Procedure the right for the City Council to grant additional minutes. You could do that at the start and not wait for them to run out. This is a very important issue and its complex and complicated and cannot just be done with slogans, so they have got to explain it. I agree that we need additional time to help answer these questions that have been raised by everybody. Vice Mayor Bunch: I see the Council Members here kind of nodding their heads. I don't think they will have a problem with that. If we could do 15 or 16 minutes that would be fine. Council Member Wiederkehr: It appears to me though that there would be a benefit to this Council if there was opportunity for a meeting prior to July 19`" so that additional questions could be asked without our elected body being present so it could be a business discussion with business partners that participate in both our sewer treatment facilities as well as our water facilities that we don't need to necessarily be participants in so that they have the benefit of an additional 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 10 of 15 presentation or questions, answering on the rate study. 1 am not interested in Fayetteville subsidizing other customers, but I do want to ensure that the perception of fairness in having the opportunity to clearly understand what the study revealed would benefit us. While I do not have the authority to ask for it, I would certainly encourage us, whether it is with the Mayor, Business Operations Manager, or someone who represents Elkins or Greenland or West Fork. It would behoove us to give that opportunity outside this meeting to have dialogue. There is a lot of numbers. I read the report and I may need to refresh myself along the way. There could be some inadvertent errors and I thought I caught several and each time I was wrong. I think others, because of the impact, deserve the right to satisfy themselves that there are no calculation errors for misunderstandings on the premises of the study. it is probably true that we could have sent a flare up and said that we are starting this study and the study has been going on a year and a half, hey we are six months delivered let's go ahead and have a preliminary kind of review. We want to be a good neighbor. If that meeting can take place, I would certainly be appreciative. Kit Williams: You can't make any official decision until after the public hearing. Tonight, I would like the City Council to first say July 19t" at the City Council meeting is the right date and time for the public hearing. Secondly, that you would table this item until then. I do agree with Council Member Wiederkehr its up to the staff, but I think staff should get representatives from West Fork and Elkins that are two wholesale customers to try to answer their questions. I think they have already talked to the Water and Sewer Committee already, but I think that staff can do that in the interim. We are going to have a public hearing and then we will have the ordinance after that. Vice Mayor Bunch, spoke and asked Kit to clarify that 07/19/22 is the right date for the hearing. Kit Williams, spoke and explained that the public hearing can be scheduled on 07/19/2022 and the ordinance could be tabled until then. Council Member Kinion moved to hold the public meeting on July 19, 2022 and table the item until the July 19, 2022 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. This ordinance was tabled to the July 19, 2022 City Council meeting. RZN-2022-021 (S. Happy Hollow Road/Black Pine Construction and Development): An ordinance to rezone that property described in rezoning petition RZN 22-021 located at 248 South Happy Hollow Road in Ward 1 for approximately 3.1 acres from RSF-4, Residential Single Family, 4 Units per acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and provided a description of the location and the request. The applicant requested to rezone this property from RSF-4, Residential Single 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 11 of 15 Family to NC, Neighborhood Conservation. He went on to explain that staff and the Planning Commission reviewed this rezone request and found it compatible with the surrounding area and supported the request. Council Member Turk: I think this might be a mistake or a mistake in my understanding. So when you have the infill and City Plan 2040 infill matrix and the score ranges from 4 to 6 but then you also say you have a weighted score of 7. It is on page 2 of 14. i wanted to clarify if you meant 5 or why it would be 7. Jonathan Curth: Are you referring to the Council's report or the Planning Commissions report? It is an interesting distinction, when the City Plan 2040 was adopted the Planning Commission had recommended there be a weighted infill matrix score as a part of that. They felt that somethings justified more consideration like a good street grid as opposed to water and sewer. It is easy to find water and sewer in a city of our size. It might not be as easy to find a good grid. We do include that weighted score that the Planning Commission had drafted for themselves in the Planning Commissioner report, but we typically remove that from the City Council report given that it was not formally adopted as a part of City Plan 2040. Council Member Turk: It is in the Planning Commission report. So that is helpful, thank you Jonathan. Robert Rhoads, Attorney for Applicant, spoke about the history of the project. He went on to request that the City Council complete all three readings during the meeting. Robert also explained that if this property is rezoned additional homes will be able to be built on it and referenced the housing need in the City of Fayetteville. Council Member Wiederkehr, spoke about the uses for this property if it is rezoned. Robert Rhoads: The plans have not been made. The client developer knows he has the option to put something there but has not decided that yet. Council Member Turk: I had planned to get out there this week to take a look at Happy Hollow Road and I did not get to. I have some concerns about the volume of traffic that could potentially be increased from this change in zoning. I would like to not pass the final vote tonight if possible. Vice Mayor Bunch: Jonathan, can you put up on the screen the map of the street and possibly show us where Teresa's concerns are. Council Member Turk: Also, where the sidewalk is going. That would be very helpful. Jonathan Curth, spoke and opened the image that Vice Mayor requested. He went on to identify Council Member Turk's concerns and explained how traffic will be handled. Council Member Turk: Just to clarify that would be connected and that would be away children could go to school? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 12 of 15 Jonathan Curth: Correct. Council Member Turk: When do we anticipate the sidewalk being completed? Jonathan Curth: I do not have that answer but I can get it for you. Vice Mayor Bunch: Is Happy Hollow due for some traffic calming measures? Jonathan Curth: I believe there are some traffic calming measures installed further to the south. It was recently overlaid as a part of the sidewalk conversation that occurred several months ago. There are discussions about incorporating traffic calming. With the City's new traffic calming polices one of the biggest components of that is making sure there is consensus among the neighbors. You may have heard that some traffic calming gets installed at the wishes of one or two people when the larger neighborhood did not want it. I am not sure where that is in the process as well but that is another item I can check up on as well. Vice Mayor Bunch: I can't really remember, Holly you are on transportation committee, I know we talked about this, but I don't remember where it was in the procedure. I know that the existing speed tables are not effective, and we talked about how they have been ground down over time. I don't know where we are. I was thinking it was scheduled for traffic calming though but that might be something we need to check into. Council Member Hertzberg: I can check into that. Council Member Turk: If I recall correctly, some of that was the discussion about the rezoning, I think at 5"' Street four or five months ago. Vice Mayor Bunch: This has been more recent than that. I can't remember exactly if we were starting that process or if it was already in the works to add. I believe what we were discussing was adding more tables, more speed calming, along the street that would work in with the existing speed tables that were there. Council Member Harvey: I believe there might be someone there from engineering that might address it. I do believe it is for modular or temporary speed cushions that are being installed to test. If Chris is here, he might be able to answer. Vice Mayor Bunch: I didn't know if Chris was available or not. Susan Norton, Chief of Staff: He is not. He is out of town. We did just receive a note from one resident who was pleased with recent traffic calming measures that were installed on Happy Hollow but then asked for continued consideration of some other items, but it was around Ray. I am not sure if it is related so I am just guessing. Council Member Turk: I feel like we have some outstanding issues, that if we could hold it here for two weeks and come back and have some of these items resolved or have more information. It would give us more insight on where the rezoning stands. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 13 of 15 Council Member Harvey: I am ok to hold it as well. Jonathan Curth: I can confirm. It looks like it was on the May 4, 2022 Transportation Committee. There are four traffic tables 650ft. apart. I will follow up with engineering. This ordinance was left on the First Reading. Amend §159.01 Fees: An ordinance to amend § 159.01 Fees of the Fayetteville Unified Development Code to clarify that homeless shelters are exempt from building permit fees. City Attorney Kit Williams read the ordinance. Kit Williams, City Attorney: I brought this forward as a housekeeping measure. The homeless shelter part of this was repealed because they didn't have the latest version of this particular code section when they decided to make changes in a different part of the section. This is just to put the homeless shelters exemption back in place as the City Council put in 2019. This is to correct that mistake. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Ordinance 6578 as Recorded in the office of the City Clerk Amend §177.05 Street Tree Planting Standards: An ordinance to amend § 177.05 Street Tree Planting Standards of the Unified Development Code to require the planting of a street tree on every street frontage in residential subdivisions. 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 21, 2022 Page 14 of 15 Melissa Evans, Urban Forrester, spoke and explained that the City is supporting this change since this addresses the gap in the street tree ordinance that allows lots with multiple street frontages to only plant one street tree overall. She went on to provide a PowerPoint presentation that included images as examples of why this ordinance needed to be approved. Vice Mayor Bunch: How many exactly, if developers are unhappy about this, trees would they be required to plant on a corner lot? Melissa Evans: That was one comment from one person. Again, we didn't get many comments from those that we sent this information to. For corner lots, and this is for new proposed subdivisions only, they would be required to plant two trees. So, one tree for each street frontage. If you have a lot that just has one street frontage then you still just plant one tree per lot. Vice Mayor Bunch: I personally don't know anybody that I have shown a house to that did not want at least two trees in their yard if they were on a corner lot. I have no issues with this. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey: I want to commend staff and everyone who worked on this. We are adding this and taking care of this gap. It is very incredibly important for our air quality, storm water management, and utility bills. We always want to support more trees. Vice Mayor Bunch asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Turk, Hertzberg, Harvey, Jones, Kinion, Wiederkehr, and Vice Mayor Bunch voted yes. Council Member Scroggin was absent. Ordinance 6579 as Recorded in the office of the City Clerk Announcements: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 21, 2022 Page 15 of 15 Council Member Turk: I want to commend everybody that put together the Pride Parade, the Trans Parade, all the city staff, and everybody else that went into making that such a successful and joyful event last Saturday. Thank you all. It was one of the best things about Fayetteville. City Council Aeenda Session Presentations: AGENDA SESSION PRESENTATION - AUDIT COMMITTEE PRESENTATION OF THE 2021 FINANCIAL AUDIT City Council Tour: I +�• •�— FRYcT7EViL.1<E��r Kara Paxton, City _leak Treasurer y �•�'P �=To 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov