HomeMy WebLinkAbout2022-12-06 - Minutes -Council Member Sonia Harvey
Ward 1 Position 1
Council Member D'Andre Jones
Ward I Position 2
Council Member Mark Kinion
Ward 2 Position 1
Council Member Mike Wiederkehr
Ward 2 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Treasurer Kara Paxton
City of Fayetteville Arkansas
City Council Meeting
December 06, 2022
City Council Meeting Minutes
December 06, 2022
Page 1 of 34
Council Member Sloan Scroggin
Ward 3 Position I
Council Member Sarah Bunch
Ward 3 Position 2
Council Member Teresa Turk
Ward 4 Position 1
Council Member Holly Hertzberg
Ward 4 Position 2
A meeting of the Fayetteville City Council was held on December 06, 2022 at 5:30 p.m. in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Mayor Jordan called the meeting to order.
PRESENT: Council Members Sonia Harvey, D'Andre Jones, Mark Kinion, Mike
Wiederkehr, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld
Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan
Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience.
Council Member Harvey joined the meeting around 5:32 P.M. Council Member Bunch
arrived around 5:45 P.M. Council Member Kinion joined the meeting around 6:44 P.M. and
disconnected from the meeting around 9:03 P.M.
Pledge of Allegiance
Mayor's Announcements Proclamations and Reco nitions: None
City Council Meeting Presentations, Reports, and Discussion Items:
Monthly Financial Report
Paul Becker, Chief Financial Officer gave a brief summary of the Monthly Financial Report. He
stated in the General Fund the sales taxes were up 14% for the year to date. He briefly spoke of
the other taxes and fees. He stated all in all, the General Fund was up 16% compared to what was
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budgeted. He stated the revenue estimate of the 2023 Budget looked to be on track. He briefly
spoke of the other funds. He stated all in all, revenue was up 25% compared to what was budgeted
at the beginning of the year. He mentioned that Parking Revenue was up 14%. He spoke about
water and sewer usage and the total billed revenue was up 6-7% for the Water and Sewer Fund.
He stated the city had bad debt write-offs but all in all the billed revenues were up for water and
sewer. He stated airport fuel sales were up 50% from what was anticipated. He stated that all in all
it was a good report and he was happy with the results. He believed the city would close out the
year where they had anticipated when formulating the 2023 budget.
Agenda Additions: None.
Consent:
Approval of the November 15, 2022 City Council Meeting Minutes.
APPROVED
North America Fire Equipment Company, Inc.: A resolution to approve the purchase of
lifesaving bailout system firefighting equipment for the Fire Department from North America Fire
Equipment Company, Inc., pursuant to an NPPGOV Cooperative Purchasing Contract in the
amount of $82,915.58 plus any applicable tax and shipping charges.
Resolution 271-22 as recorded in the office of the City Clerk
Interlocal Agreement for Continuation of Ambulance Services: A resolution to approve an
interlocal Agreement for Continuation of Ambulance Services through the Washington County
Regional Ambulance Authority, and to authorize the Ambulance Authority to operate Central
Emergency Medical Service as the exclusive emergency and non -emergency ambulance service
within the cities.
Resolution 272-22 as recorded in the office of the City Clerk
Industrial Precast, Inc., Mission Boulevard Trail: A resolution to authorize the purchase of
retaining wall blocks from Industrial Precast, Inc., pursuant to Resolution No. 323-21, in the
amount of $88,217.05 for the Mission Boulevard Trail, and to approve a budget adjustment - Trail
Improvement Bond Project.
Resolution 273-22 as recorded in the office of the City Clerk
Premier Lighting Group, Mission Boulevard Trail: A resolution to authorize the purchase of
90 light poles and fixtures from Premier Lighting Group, pursuant to Resolution No. 328-21, in
the amount of $318,549.38 for the Mission Boulevard Trail, and to approve a budget adjustment -
Trail Improvement Bond Project.
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Resolution 274-22 as recorded in the office of the City Clerk
Energy Savings Performance Contract with Johnson Controls, Inc. Change Order 1: A
resolution to approve Change Order No. 1 to the Energy Savings Performance Contract with
Johnson Controls, Inc. in the amount of $407,185.00 for the installation of solar panel on the Town
Center roof, and to approve a budget adjustment, contingent on approval of the repayment contract
with Advertising and Promotion Commission.
Resolution 275-22 as recorded in the office of the City Clerk
Fayetteville Advertising and Promotion Commission Solar Contract: A resolution to authorize
Mayor Jordan to sign a contract with the Fayetteville Advertising and Promotion Commission for
the repayment of solar array installation costs at the Fayetteville Town Center, and to authorize a
change order to the City's Energy Savings Performance Contract with Johnson Controls, Inc.
Resolution 276-22 as recorded in the office of the City Clerk
Certified Local Government Grant Application, Arkansas Historic Preservation Program:
A resolution to authorize an application for a Certified Local Government Grant in the amount of
$20,370.00 through the Arkansas Historic Preservation Program for a Historic Context Statement
for the University Heights and Haskell Heights neighborhoods and Historic District Commission
training with a city match of $5,000.00, and to approve a budget adjustment contingent upon
approval of the grant.
Resolution 277-22 as recorded in the office of the City Clerk
Increased Utility Costs: A resolution to approve a budget adjustment in the amount of
$180,000.00 for increased utility costs.
Resolution 278-22 as recorded in the office of the City Clerk
South Cato Springs Holdings, LLC Economic Development Project Contract: A resolution to
authorize Mayor Jordan to sign an Economic Development Project Contract with South Cato
Springs Holdings, LLC; to accept and approve an economic impact analysis of the Project from
the Arkansas Economic Development Institute; to approve the use of $3,480,000.00 of Economic
Development and Street Funds for the Project; to authorize Mayor Jordan to sign a grant agreement
with the U.S. Department of Housing and Urban Development and accept a $3,000,000.00
Community Project Fund Award; and to approve a budget adjustment.
Resolution 279-22 as recorded in the office of the City Clerk
CH2M Hill Engineers, Inc. Amendment No. 14: A resolution to approve Amendment No. 14 to
the Agreement for Operations, Maintenance and Management Services between the City of
Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $8,012,791.00 for services
in 2023, and to approve a project contingency in the amount of $380,735.55.
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Resolution 280-22 as recorded in the office of the City Clerk
Olsson, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the Professional
Engineering Services Agreement with Olsson, Inc. in the amount of $7,500.00 for additional
engineering services related to the Markham Elevated Water Storage Tank Rehabilitation Project.
Resolution 281-22 as recorded in the office of the City Clerk
Franklin Evarts 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 $5,682.50 to Franklin Evarts for water
main break damage at 11 West South Street.
Resolution 282-22 as recorded in the office of the City Clerk
William Bradley 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 $20,598.34 to A Clean Cut
Lawn Care on behalf of William Bradley for water main break damage at 1738 West Pratt Drive.
Resolution 283-22 as recorded in the office of the City Clerk
City of Greenland Sewer Easement: A resolution to approve the conveyance of easements to the
City of Greenland across portions of City of Fayetteville property located west of Drake Field for
the installation of sewer lines.
Resolution 284-22 as recorded in the office of the City Clerk
American Rescue Plan Act Revenue Loss: A resolution to approve reimbursement to the city's
General Fund of the remaining calculated American Rescue Plan Grant to offset revenue loss
incurred in 2021 in the amount of $5,095,114.00, and to approve a budget adjustment.
Resolution 285-22 as recorded in the office of the City Clerk
Garver, LLC Task Order No. 5 Wildlife Fence Rehabilitation Project: A resolution to approve
Task Order No. 5 with Garver, LLC in the amount of $54,000.00 for design, bidding and
construction phase services associated with the Wildlife Fence Rehabilitation Project at Drake
Field, to approve a project contingency in the amount of $5,400.00, and to approve a budget
adjustment.
Resolution 286-22 as recorded in the office of the City Clerk
Terra Firma Project, LLC: A resolution to approve a thirty (30) year ground lease agreement
with Terra Firma Project, LLC for airport property located on the east side of Drake Field off of
Taxiway E for the construction of a 100' x 100' hangar, with an option to extend the ground lease
for an additional ten (10) year term.
Resolution 287-22 as recorded in the office of the City Clerk
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City of Johnson Rezoning East of South Ball Street: A resolution to approve the City of
Johnson's rezoning of that property described in rezoning petition #2022-21 for approximately 10
acres located east of South Ball Street from A, Agricultural to LI, Light Industrial.
Resolution 288-22 as recorded in the office of the City Clerk
Amend the Rules of Order and Procedure: A resolution to amend the Rules of Order and
Procedure of the Fayetteville City Council concerning public comments.
Resolution 289-22 as recorded in the office of the City Clerk
Council Member Hertzberg moved to accept the Consent Agenda as read. Council Member
Jones seconded the motion. Upon roll call the motion passed 6-0. Council Members Harvey,
Jones, Wiederkehr, Scroggin, Turk and Hertzberg voting yes. Council Members Kinion and
Bunch were absent during the vote.
Unfinished Business:
An Ordinance to Amend §51.136 Monthly Water Rates and §51.137 Monthly Sewer Rates
to Change Water and Sewer Rates: 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. At the June 21, 2022 City Council Meeting, this
ordinance was left on the first reading and tabled to the July 19, 2022 City Council Meeting. At
the July 19, 2022 City Council Meeting, this ordinance was left on the first reading and tabled to
the December 6, 2022 City Council Meeting.
Paul Becker, Chief Financial Officer: This was tabled to this meeting earlier in the year. At this
point in time, we're still working on getting a contract with Farmington. Based on that, then we'd
have to go through Black & Veatch to see what the new numbers would look like based on our
Farmington contract. We still have to go through the Water and Sewer committees. I'm requesting
we table this item to the March 7�' meeting of 2023. That will give us time to finish negotiations
on the contract, take it to Water and Sewer Committee and bring it back to you for consideration.
Mayor Jordan: This was left on the first reading, does the Council wish to advance it to the second
reading?
City Attorney Kit Williams: The Council can table it before I would read it for the second
reading, otherwise I will read it.
Council Member Turk made a motion to table the ordinance to the March 7, 2023 City
Council meeting. Council Member Hertzberg seconded the motion. Upon roll call the motion
passed 7-0. Council Members Harvey, Jones, Wiederkehr, Scroggin, Bunch, Turk and
Hertzberg voting yes. Council Member Kinion was absent during the vote.
This Ordinance was tabled to the March 7, 2023 City Council meeting.
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Amend §118.01 Applicability, §151.01 Definitions and §163.18 Short -Term Rentals: An
ordinance to amend § 118.01 Applicability of the Fayetteville City Code, and § 151.01 Definitions
and § 163.18 Short -Term Rentals of the Unified Development Code to remove the Conditional
Use Permit requirement for Type 2 Short -Term Rentals, and to repeal the sunset provision. At the
October 4, 2022 City Council Meeting, this ordinance was left on the first reading. At the October
18, 2022 City Council Meeting, this ordinance was left on the second reading. At the November 1,
2022 City Council Meeting, this ordinance was left on a third reading, tabled to the December 6,
2022 City Council Meeting and sent to the Ordinance Review Committee.
Jonathan Curth, Development Services Director gave a brief description of this ordinance. He
explained the proposal brought forth by the Ordinance Review Committee.
City Attorney Kit Williams briefly explained the reason for needing to amend the item to a sunset
clause extension. He stated it would need to be handled with an emergency clause so that the sunset
clause could be extended and everything will not get repealed automatically. He went on to read
the ordinance that he handed out to Council so that they would know what they were voting for if
they decided to vote to amend the item. He asked Council to make a motion to amend the current
ordinance to what he had read during the meeting.
Council Member Scroggin moved to amend the ordinance as read by City Attorney Kit
Williams. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-
0. Council Members Harvey, Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg
voting yes. Council Member Kinion was absent during the vote.
Mayor Jordan: The only action we're going to take tonight is extend the Sunset Clause, correct?
City Attorney Kit Williams: Yes, all the other regulations proposed are going to be handled in
the next meeting. Let's pretend that was the first reading and let's go on to the second and third
readings and then the emergency clause so we can get this passed tonight.
Council Member Turk: At what point can we have a discussion?
Mayor Jordan: We need to have the discussion on whatever you all want to talk about because
I'm going to take public input tonight so we need to figure that all in to whatever we're doing here.
City Attorney Kit Williams explained that the public comment would be on what Jonathan Curth
and the Committee had been working on.
There was brief discussion of when public comment could be taken.
Council Member Turk: Unfortunately, I was not able to attend the Ordinance Review Meetings,
but I did read the notes. I'm concerned that extending it a year is a very long time. I would like to
amend this to where it's extended to six months, that would be at the end of June. My rational is
that I'd really like us to get moving on this and get some of these gaping holes in our current
system filled sooner rather than later. I'm moving to amend this to June 30, 2023.
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Mayor Jordan: What we had before, you want to amend that to six months instead of a year?
Council Member Turk: That's correct, Mayor.
City Attorney Kit Williams: Choose an actual date, that's a lot better.
Council Member Turk: June 30, 2023.
Mayor Jordan: Do we have a second on that?
Council Member Jones: Second.
Council Member Bunch: I would like to know how we came up with a year to begin with? That's
a really valid question and if the Ordinance Review Committee came up with a year then why are
we trying to change it?
Council Member Wiederkehr: I proposed a year and the logic was simply that the Sunset Clause
is unrelated to any of the other regulations. It doesn't prevent us from adopting them, it doesn't
force us to adopt them. It simply is the Sunset Clause that eliminates all of this legislation and I
didn't want to go two or three months at a time and have to continually deal with that sunset. Even
if we pass everything to our satisfaction, two months from now we'll still need to deal with the
sunset clause before 2023 ends to be able to keep the regulations in place. At that time, perhaps
we can push it out much further. That was the logic behind it.
Council Member Bunch: The sunset clause is not related to the other changes?
Mayor Jordan: No. It's continuing on.
City Attorney Kit Williams: What the sunset clause does is by moving it out it allows you to
change any regulations until you head to that sunset time. If the City Council is comfortable with
the changes you want to make in March, then part of that ordinance would be to remove the sunset
clause. It's not like you can't do anything until the year is gone by, it just gives you a year and
when you finally decide this is what you want, then you can repeal the sunset clause at that time.
Council Member Bunch: If we want to make five modifications and we make those five
modifications in the next two months but then we realize we missed something and we need to go
back and make another modification, we don't have to worry about the sunset clause then if we
get that done within a year?
City Attorney Kit Williams: It gives you leeway to fine tune the ordinance.
Council Member Bunch: But, it does not mean that we won't be trying to fine tune the ordinance.
That's all I want to know, thank you.
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Council Member Turk was concerned that extending the sunset clause out for a year would take
the heat off the Council. She would rather it be a top priority so she believes extending it for six
months would be adequate time.
Council Member Hertzberg stated they could still make it a priority with extending to a year.
She felt similar to Council Member Turk on getting the item worked out. She noted looking at the
item again with the Ordinance Review Committee after the December 20t' City Council Meeting.
Council Member Turk moved to amend to extend the sunset clause to June 30, 2023. Council
Member Jones seconded the motion. Upon roll call the motion failed 3-5. Council Members
Harvey, Jones and Turk voting yes. Council Members Wiederkehr, Scroggin, Bunch,
Hertzberg and Mayor Jordan voting no. Council Member Kinion was absent during the vote.
Council Member Hertzberg moved to suspend the rules and go to the second reading.
Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council
Members Harvey, Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voting yes.
Council Member Kinion was absent during the vote.
City Attorney Kit Williams read the ordinance.
Council Member Hertzberg moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council
Members Harvey, Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voting yes.
Council Member Kinion was absent during the vote.
City Attorney Kit Williams read the ordinance.
Council Member Jones gave his appreciation for the Council Member's working on the item and
stated he wasn't as present as he would have liked.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Council Members Harvey, Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voting
yes. Council Member Kinion was absent during the vote.
Council Member Scroggin moved to approve an Emergency Clause. Council Member
Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members
Harvey, Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voting yes. Council
Member Kinion was absent during the vote.
Ordinance 6625 as Recorded in the office of the City Clerk
Appeal CUP 22-039 (2992 N. Oak Bailey Dr./Oak Bailey Cluster Development): A resolution
to grant the appeal of Council Members Sarah Bunch, Teresa Turk, and Sloan Scroggin to deny
Conditional Use Permit CUP 2022-039 for a cluster housing development for property located at
2992 North Oak Bailey Drive in Ward 3, and to deny a variance to § 164.22(D) of the Unified
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Development Code to exceed the maximum number of dwelling units permitted. At the October
4, 2022 City Council Meeting, this resolution was tabled to the November 15, 2022 City Council
Meeting. At the November 15, 2022 City Council Meeting, this resolution was tabled to the
December 6, 2022 City Council Meeting.
City Attorney Kit Williams noted there had been a lot of discussion and work on the item. He
believed the neighborhood and developer had come to good conclusions that Jonathan Curth
explained previously. He stated he redrafted the resolution to mirror the conclusions and briefly
spoke of the proposed new amended resolution for the Council's consideration. He asked the
Council to move to amend what he had read in place of the current resolution.
Jonathan Curth, Development Services Director: As a quick point of clarification, this doesn't
necessarily reflect what the neighborhood wants. The question that came out of the last Council
Meeting was that the City Council was working with three different sets of conditions, which was
a source of some confusion. There was what the Planning Commission had approved the project
with, what the applicant had put forward and what the neighborhood had put forward in response
to that. When the applicant, at the request from Council, was to make sure that we're all working
off the same set of conditions and considering the request. When staff met the applicant last week,
these are the conditions that they put forward that they are willing to offer. The neighbors would
need to speak to whether this satisfies their concerns or not. I wanted to make sure that was clear.
City Attorney Kit Williams: That's correct. Not every condition that the neighborhood wanted
could be approved because one of them, as you know, required the City to build a very expensive
sidewalk connection. These are the ones that the applicant has agreed to do and covers many of
the things that the neighborhood wanted, but not 100% of them. I'll let them speak for themselves.
Council Member Scroggin moved to amend the resolution to include the conditions as read
by City Attorney Kit Williams. Council Member Hertzberg seconded the motion. Upon roll
call the motion passed 7-0. Council Members Harvey, Jones, Wiederkehr, Scroggin, Bunch,
Turk and Hertzberg voting yes. Council Member Kinion was absent during the vote.
Council Member Harvey: I would like to commend the neighbors and everyone for everything
they've done so far. Are we discussing the amendment or the fully amended resolution?
Mayor Jordan: We haven't voted on the full amended resolution yet.
City Attorney Kit Williams: The resolution has been fully amended but has not been voted on.
Jonathan Curth stated Brian Teague was available as the applicant for the item.
Brian Teague, Representative of the Development Group briefly explained the City Plan and
public input. He spoke of why he believed the current City Plan was a drastic change to the way
the city was built. He explained his history with requesting development approval and stated the
current project was requested as 6 and 2/3 houses per acre. He described the environmental and
economic benefits to the city the project would provide. He stated they had gone through effort to
make the changes proposed meaningful to the neighbors. He briefly spoke of the changes proposed
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and asked the Council to support the City Plan, the Planning staff s recommendation and to support
the Planning Commission's approval of the project and either deny the appeal outright or approve
the amended conditions as presented by staff. He explained that some of the trees from the
conditions read as Item Number 10 were near a utility easement and could not technically be
counted as preserved, he requested the language be changed for the trees to remain.
Mike Parker, 4457 Paso Fino Lane stated he was with the developer. He explained the history of
the property and why they brought the item forward. He stated at the last pre -con meeting he
attended, one of the planners mentioned the 2020 Road Plan went through the middle of the
property so they would not be able to approve it. He stated the Road Plan was then turned down
and did not happen so he thought he would not have to build a road on the exterior for seven lots
but that was wrong. He explained that he then divided the seven lots off and sold them. He briefly
spoke of the detention pond, running sewer in to the property and how he paid $60,000 to bury a
contact water filtration system on the corner of Oak Bailey to filter ditch water. He stated the new
proposed plan was better than the one he had just spoke about and he asked the Council to uphold
the Planning Commission's approval and deny the appeal.
The City Council received 5 public comments regarding this resolution.
Council Member Scroggin briefly spoke of the ADA requirement requested for the sidewalk. He
did not believe designing the sidewalk to ADA requirement would work due to the slope on the
property. He spoke of the swell and the flooding in the neighborhood. He hoped the city would
start using infill dollars on cost sharing when adding houses to make the houses that were flooding
below them better after the new construction is added than before. He stated they should stay at 18
units and that there was need for housing. He hoped the swell would make up for the flooding that
was happening. He stated that if they went down to 12 units it could make it financially unfeasible
and the developer would sit on it for a few years and the flooding that was happening would just
continue. He believed the proposal was reasonable and would like to hear other Council Member's
opinions on the sidewalk.
Council Member Hertzberg: Is that pedestrian pathway in the public right-of-way?
Jonathan Curth: Just to make sure I'm talking about the same ones that you're asking about, are
you referencing what's discussed in Condition Number 9? The pedestrian pathway?
Council Member Hertzberg: Yes.
Jonathan Curth: No, as it's described it would run on one side or the other of the existing
detention pond which gets back to Council Member Scroggins point that there is an obstruction in
the way that makes the feasibility of ADA accessibility fairly limited. Any connection that would
be ADA accessible would need to go out to Oak Bailey.
Council Member Bunch: On the size of this property, based on a cluster housing project, what
would be the maximum number of homes they could put on this without applying for a Conditional
Use Permit?
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Jonathan Curth: A Conditional Use Permit is required regardless of the number of units. With
what's being considered, the underlying zoning district is what drives that consideration in RSF-
4. Any cluster housing in RSF-4 requires the Conditional Use Permit. The variability here is that
the size of the property and the way it's laid out afforded the developer one of two options; they
could try to develop it in two separate cluster housing developments of nine and nine units, but
they would be effectively separate and have some duplicative access and or they could develop it
as a whole and seek a variance. That's going before the Planning Commission, which staff was in
favor of and the Planning Commission ultimately approved. Which is a long winded way of saying
that the way the cluster housing ordinance is allowed, it lets you effectively double the density of
the underlying zoning district. That gets to the applicants point, which right now you can build just
shy of eleven units with the RSF-4 zoning district but if you were to maximize the property as
cluster housing could allow, you'd be looking at closer to 21 or 22 units.
Council Member Turk: I would like to hear more about how Mr. Johnson's property is not
included in Item Number 8 and that it would still be outside of that swell. Jonathan, do you have
any information on that?
Jonathan Curth: I can touch on it and if the answer is not satisfactory I may need to lean on our
Engineering group or the applicant themselves. It's best explained looking at a topographic map.
The property in question, if you're looking at Condition Number 8, which is the proposal for that
swale, that Condition includes three parcels today. It's 2971, 2979 and 2983 North Old Wire. If
you're looking at the topography and the lay of the land of the cluster housing property in question,
some of that property does slope towards those and in evaluating where a swale could have a use,
Mr. Johnson's property was excluded since the properties draining to his yard are outside the scope
of this cluster housing development.
Council Member Turk was concerned about the amount of concrete that would be placed there.
She believed the code needed work. She stated the variance was for 18 houses when they could
have 12. She explained there were water problems all over the city and that we did not need
housing that would be flooded.
Council Member Bunch stated that when someone builds on a piece of property, they can't make
existing flooding worse and that they have to be careful of that. She explained that there was
already flooding on a vacant piece of land so whatever happens, that flooding would still be there.
She felt as though we needed to work on our code. She stated she was in support of the project.
Council Member Turk stated the reason our code was problematic was because the other houses
were new and the code allowed water to stream down the driveways. She stated the code needed
a serious review due to the flooding it allowed with the houses.
Council Member Wiederkehr stated the issue regarding the flooding was there was an
undeveloped hillside behind the homes that was designed to sheet the water down the driveways.
He expressed his concern that when the pads were graded and poured, whoever built the pads
should have raised them higher than they were and included a step. He explained that the swell
being added was the best stormwater management change that could be effective for the downhill
neighbors. He explained his original concern with the density and acknowledged that the
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developers reduced it from 19 to 18 units. He agreed with Council Member Scroggin that the
sidewalk would not be ADA compliant due to the slope. He commended both the neighbors and
the developers. He stated he was willing to support the item.
Council Member Harvey: I have a question regarding the retention pond design. The developer
referred to it in a way that the public may not understand what the benefits of that pond are and I
wondered if Chris or anyone could speak to the water quality importance of that pond and why it's
designed the way it is?
Chris Brown, Public Works Director: Our standard requirements include any increase in drainage
has to be mitigated. That includes water quality, downstream channel protection and major
flooding, which is our 25-100 year storm. With regard to water quality, the theory is that the first
inch of water has 80% of the pollutants so the first flush is where you get most of the water quality
issues. The developer is required to keep that first inch of water onsite, in this case in the detention
pond through infiltration, so the pond is designed to handle that. As we talked last time, the pond
is designed to capture all of the water that's coming to it from this purposed site and also pick up
some of the water from the existing site. It's part of a master drainage plan. In talking about
diverting the water into the pond that's now not going into the pond, we've talked with the
developer about that. Typically, we don't want to see water diverted because then it puts water in
a place that it shouldn't be and can cause other problems. In this case, the developer and the
developers engineer think they can design the pond. There may be some modifications or some
other things that they do to keep water on site and other areas to make sure that this diversion of
water doesn't create any other problems.
Council Member Harvey: I didn't catch the person's name that is concerned about the east side
of the development. Can someone speak to what is going to happen on the east side of the
development for a barrier?
Jonathan Curth: Mayor, I can begin by describing what's in the conditions and if the developer
would like to add to that they may be able to supplement it. As Condition Number 1 is written, it
does describe, as the neighbor noted, that there is the potential for some additional vegetation on
the north, south and west sides of the property. Theirs is obviously on the east side. Typically, not
a lot of screening is required when you have single family homes next to single family homes.
Screening is typically an Urban Planning and Development tool meant to protect differing uses
from each other. In this instance, staff felt it was important to incorporate some elements because
cars in particular may be towards somebody's back yard with their headlights and so what we
incorporated in that first condition is the requirement to have vegetation, a hedge row or low lying
fence of about 48 inches anywhere on the perimeter of the property where there may be headlights
or parking areas that could potentially impact the neighbors. That is incorporated in the conditions
but if there's anything additional, of course you'll have to defer to the applicant.
Council Member Bunch: When we get ready to vote, what exactly are we going to be voting on
at this point? This has changed many times here. If we vote yes, that means what?
City Attorney Kit Williams: I sent a memo out to you all because it's kind of confusing. You've
got three options, if you vote in favor of the resolution as it's been amended now then you will be
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City Council Meeting Minutes
December 06, 2022
Page 13 of 34
approving the project with the added amended conditions. If you wanted to stop the project, then
you would need to go back to the original resolution that grants the appeal but denies the
Conditional Use and the variance. That would prevent the project from going forward. If you don't
want to do either one of those things, if no one passes or if the City Council cannot pass a resolution
approving the appeal and all of these resolutions have approving the appeal so you can do
something else, then that would be going back to the Planning Commission's decision with only
conditions that the Planning Commission had put on there and the appeal would just be like it
didn't happen. The Planning Commission decision would be affirmed. It depends on what the
majority of the City Council wants to do. The proposed new amended resolution would allow this
project to go forward but it would have these additional conditions on it.
Council Member Harvey: Did we already move to amend it?
City Attorney Kit Williams: Yes, it's already been amended. If somebody wanted to stop the
project they would need to move to amend back to the original resolution that was presented that
granted the appeal but denied the Conditional Use and denied the variance. That would be
damaging to the project and most likely a vote that could kill the project. Otherwise, if you can't
pass a resolution or you can't get five votes for the resolution then the Planning Commission's
decision is going to be upheld and none of these additional conditions will be limiting the project.
Council Member Turk moved to amend the resolution back to the original appeal and deny
the Conditional Use Permit and the variance. The motion died due to lack of a second.
Council Member Jones: If we vote yes that means we're voting for the amended version?
City Attorney Kit Williams: Yes, with the 10 Conditions that are on it.
Council Member Hertzberg moved to approve the resolution. Council Member Scroggin
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Harvey,
Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voting yes. Council Member
Kinion was absent during the vote.
Resolution 290-22 as recorded in the office of the City Clerk
Public Hearing:
Raze and Removal of Structure at 3301 South Coach Road: A resolution to order the razing
and removal of a dilapidated and unsafe structure on property owned by Kevin Roy Calhoun
located at 3301 South Coach Road in the City of Fayetteville, Arkansas, and to approve a budget
adjustment in the amount of $17,500.00.
Billy Bryant, Senior Code Compliance Officer described the raze and removal process. He gave
a presentation and outlined the details of the property and the steps staff took in the process. He
described the issues with the property and the foundation. He stated staff recommended the raze
and removal and the budget adjustment for the demolition.
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Council Member Bunch: How old is this house?
Billy Bryant: The house was built in the 1980's, if I remember correctly.
Council Member Bunch explained that the style of the property did not look very old. She was
surprised to see the property in the condition it was in.
There was brief discussion of foundation issues.
Council Member Turk: You mentioned that you tried to contact the property owner, have you
actually physically or on the phone been in touch with him?
Billy Bryant: We don't have a phone number for him. In order to reach property owners, we use
Washington County property records and we certified mail everything we sent to them. We get the
signed receipt card back from him. Everything we mailed has our email, phone and all our contact
information. He has never reached out and we don't have other ways of reaching out to him.
Council Member Turk: How many times have you reached out to him? I know you did it at least
once with the signed mail. How many times do you recall?
Billy Bryant: Through all the years or just this year?
Council Member Turk: This year.
Billy Bryant: We mowed his property once this year so we did reach out to him prior because
there was a tall grass complaint. He did not cut it so we had our contractors cut it.
Council Member Turk: You don't think it's occupied, correct?
Billy Bryant: Correct, I do not believe it is occupied.
Council Member Jones: What's the city's standard for raze and removal? Is it the same across
the board as it relates to reaching out and communicating with the property owners?
Billy Bryant: Yes, and with raze and removals we tend to give more time. We would like to reach
out to them and speak to them if they would like to speak with us. I've been working this case for
five months, so we've given them a lot of time and we also have a past history with this property
owner as well of not being respondent.
Council Member Bunch: I'm going to bring up something and I'm not sure how to do this but
do you have any idea about the age of the person that owns this? In the past, we have had several
instances where we've had someone who is a senior citizen and not able to take care of the property
the way a younger person might. I wondered if that might be applicable in this instance?
Billy Bryant: I do not know the property owners age.
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City Attorney Kit Williams: Did you say the property owner is still living in this house?
Billy Bryant: No. It's unoccupied.
City Attorney Kit Williams: How long do you think the house has been vacant?
Billy Bryant: I have been working for Code Compliance for almost six years and it has been
vacant for at least that amount of time.
Council Member Jones: Have we had anyone from the homeless community living in the house?
Billy Bryant: Not that I have seen and I haven't seen any signs.
Council Member Turk: Have you checked the tax records? Are they up to date on paying taxes?
Billy Bryant: I have not checked to see if they're up to date on their taxes.
City Attorney Kit Williams: If they followed Building Safety's directions, how hard would it be
at this point to try to rehab the house? I know it has foundation problems and substantial rotting,
is it just beyond hope to repair this?
Billy Bryant: Yes. There is no rehabilitation for this property_
Mayor Jordan: The foundation is gone.
Council Member Scroggin spoke of how he was a general contractor and would not send a worker
or anyone he cared about into the building. He stated the building needed to come down at some
point and he hoped they could get ahold of the owner to see what would be best for him.
Council Member Jones: Is there a timeline that you're hoping to have something done? It sounds
like the owner of the house is probably- I'm sorry did you say five years?
Billy Bryant: Six years.
Council Member Jones: So throughout that time, I'm under the impression that you've been
communicating with the owner, correct?
Billy Bryant: No. He's only signed our receipt cards that we mail him when people complain
about his property. They've complained about grass, inoperable vehicles and the home.
Council Member Jones: He has not made any attempt to do anything with the property?
Billy Bryant: No, sir.
Council Member Jones expressed concern for waiting any longer on the property. He stated it
sounded like Mr. Bryant had done what he could and there was still no response.
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Council Member Hertzberg: What address does the certified mail go to?
Billy Bryant: I don't have that with me, I'm sorry.
Jonathan Curth, Development Services Director: Mayor, I have some of that information.
Council Member Hertzberg, it goes to a P.O. Box here in Fayetteville. Council Member Turk, it
looks like the most recent tax payment that the county has proof for was in 2020. I don't know if
that means it's delinquent or if that's just the most current that the county has available.
Council Member Bunch viewed the tax history on the property and noted that there looked to be
a death certificate involved. She stated it indicated that it had been going to the Bank of Fayetteville
trust department. She briefly spoke of how there was nothing that could be done for the property
now since it was in rough condition. She would be willing to table the item for two weeks for more
research to be done on the property.
Council Member Jones agreed with Council Member Bunch on tabling for two weeks. He
mentioned that should be enough time to reach out to the Bank of Fayetteville.
There was brief discussion of how the property appeared to be linked to the Bank of Fayetteville.
Council Member Jones: It sounds like that would be your final step, right?
Billy Bryant: Yes.
City Attorney Kit Williams: Have you posted this property also, or not?
Billy Bryant: Yes, we have.
City Attorney Kit Williams: Is that posting still up?
Billy Bryant: It is.
Council Member Hertzberg moved to table the item to the December 20, 2022 City Council
meeting. Council Member Jones seconded the motion. Upon roll call the motion passed 8-0.
This resolution was tabled to the December 20, 2022 City Council meeting.
New Rncinecc-
Repeal Article IX — PEG Advisory Board of Chapter 33: An ordinance to repeal Article IX -
PEG Advisory Board of Chapter 33 Departments, Boards, Commissions, and Authorities of
the Fayetteville Code.
City Attorney Kit Williams read the ordinance.
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Doug Bankston, Director of Media Services gave a brief description of the ordinance. He stated
the board struggled to find items to address, failed to achieve quorums and there was difficulty in
filling vacant positions. He stated staff made the recommendation for Council to repeal the item.
Council Member Turk: Have the current members of the PEG Advisory Board been informed
that you're bringing this forward to the City Council to eliminate the board?
Doug Bankston: We have not had great contact with the current members of the PEG Advisory
Board. This has been mentioned in the past when we were trying to figure out what the board could
do for the future. Since that time, and it's been over a year, we've not been able to have any contact
during emails when I would email who could be present at the next quarterly meeting. We have
no longer gotten any responses for that since there has been no items up for business.
Council Member Turk: You haven't sent them an email recently to let them know that this is
coming before the City Council, is that correct?
Doug Bankston: Not recently, in fact I've had this item for about a year and I've been holding off
bringing this before Council. There was the possibility of it being grouped into some other Boards
and Committees that may not need to be continued because they were running into some of the
same troubles, but they were able to rectify themselves. The PEG Advisory Board has not with no
new business in the past year and a half or two years. It's been about a year and a half since this
was mentioned as possibly doing away with the board. Because it's been held off, they've not been
contacted recently and there have not been any meetings we've had for the past year and a half.
The last meeting was January of 2021.
Council Member Turk: When you discussed eliminating the board, was there any opposition or
concern from any of the board members?
Doug Bankston: There was no concern. There was an understanding that there was not a lot of
items up for discussion on what the PEG Board could truly advise on. When presented to, at that
time, the Chair of the board they were not able to come up with any business to bring forward
either to provide advice on. The board came to a standstill.
Council Member Jones: What are some of the possible alternatives? Could that commission be
replaced or is there another opportunity to form a similar group?
Doug Bankston: Right now, it is a board that is looking for something to do. We changed from
the Telecommunications Board to the PEG Advisory Board to narrow its focus at that time, hoping
that would jumpstart it. It did not, because one of the main things that the Telecommunications
Board would do would regard cable franchising. Because that's been taken away, the PEG
Advisory Board doesn't advise on financial matters. It doesn't advise on how the operation should
spend its money. One of the responsibilities of the PEG Advisory Board was perhaps to see to it
that the third party public access provider would be adhering to the contract, but that's also double
duty with what the city is responsible for doing. The city staff ensures that conditions of the
contract are being upheld, so it was duplicating procedure there. This follows the line that the
Board of Health took a few years ago where at that time Chief David Dayringer didn't have any
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business to attend to and that board was repealed. Covid happened and Council has the right to
reform a board, so that's always a possibility in the future.
Council Member Jones: What is the city's process as it relates to disbanding a Boards and
Commissions? Is there a process or how does that happen?
City Attorney Kit Williams: The problem that happened here is that the state law changed and
they gave the power that the city used to have to the Secretary of State to issue these franchise
agreements. We used to, when I first became City Attorney in 2001, we had a lot of power. In fact,
we had so many responsibilities we hired an outside specialist to help us negotiate with the cable
companies which used to be very strong. Then the law changed both on the federal level and the
state level and all of our powers to negotiate franchise agreements were gone. They were
transferred to the Secretary of State and then the Secretary of State would only enforce our
franchise fee and basically nothing else. This group, which had been very important to the city and
they also used to hear complaints, all that power is gone now. This board has nothing to do anymore
and I applaud the city staff for saying, look sometimes committees have run their time and
sometimes they have no more reason to exist and so we should take them off the books. If new
reasons come up, we can create a new committee but the city staff is doing the right thing on this.
Council Member Bunch: It makes sense to close this committee and not have it but we did get
one application for a seat on this committee and I believe we put that person down to interview so
if we're closing the committee then I would hope the clerk's office would notify that person so we
don't have to interview them then. Is anything needed from us on this here?
There was brief discussion of how public comment was needed next.
The City Council received 1 public comments regarding this ordinance.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6626 as Recorded in the office of the City Clerk
Amend §130.39 Graffiti: An ordinance to amend § 130.39 Graffiti in the Fayetteville Code to
create a graffiti abatement program.
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City Attorney Kit Williams read the ordinance.
Council Member Turk had noticed a lot of graffiti along the Fayetteville trails: She stated that
bringing the item forward was an attempt to create a process and open the conversation about how
we would be able to keep the City of Fayetteville in good shape.
Council Member Harvey stated she had asked for the item to go onto the Arts Council agenda
for December 21, 2022. She would like to table the item so the Arts Council could discuss it.
Council Member Turk: What day of the week is that? Is it after our next meeting?
Council Member Harvey: It's a Wednesday, the 21" at 6:00 PM. Would you be available? If not,
I'm happy to connect with you to get the information. Of course, I can just use what's in the packet
but I'll work with you to make sure the community gets the briefing they need.
Council Member Turk: Yes, I could probably attend and be available if they had questions.
Council Member Harvey: I don't think there will be but it would be great to get their feedback.
I can't think of anything myself but it would be a great idea to take it to them.
Council Member Turk mentioned the item was slightly different than what was at Agenda
Session. She briefly spoke of the proposed amended changes and the reasoning for the changes.
She stated she would love to hear any ideas the Council may have.
Council Member Wiederkehr thanked Council Member Turk for bringing the item forward. He
briefly spoke of the need to invest resources as Fayetteville becomes a denser community. He does
not believe that we have any business allowing that form of turf identification to remain on
property and he commended Council Member Turk.
Mayor Jordan: Okay, so we want to put an amendment on something?
Council Member Turk: Unless Council Member Scroggin has a comment.
Council Member Scroggin spoke of how communities can take spaces back after they are tagged
by deciding what goes there afterwards. He mentioned the murals that were unveiled and how he
hoped that there could be a pilot program to create opportunity for the community to step up.
Council Member Harvey thanked Council Member Scroggin for his point and stated that was
why she was interested in bringing the item to the Arts Council. She noted a former Arts Council
member, Olivia Trimble, had worked to erase hateful messages. She would like to invite Olivia
Trimble to advise on what her process had been and what she had seen. She stated she would be
okay to pass what the Council had now if they wanted to get it done but if they took it a few weeks
into January she could get feedback from the Arts Council.
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Council Member Turk: Would part of that be adding another provision in here about what is
done once the graffiti is removed? Is that what you're thinking in line with what Council Member
Scroggin was talking about, a next step that would be part of the ordinance?
Council Member Harvey: I'm not sure. They're so creative and involved that when I bring them
things I didn't think of what they brought up. I'm not sure what kind of input they will have, maybe
it will be very easy and everyone will say it's a great idea let's just go for it. They might have some
very good ways to handle, especially the community side, so I'm not sure Council Member Turk.
Council Member Bunch would love to hear what the Fayetteville Arts Council would have to say
on the item. She mentioned there were opportunities to let people express themselves on an
otherwise blank wall and the Arts Council might come up with a plan where people could be
engaged in beautifying the property. She thanked Council Member Turk and Harvey.
Council Member Turk: After we take public comment, what I suggest is we make an amendment
or maybe we can make the amendment now where we eliminate the leasehold tenant in there if I
could move to do that.
Council Member Hertzberg: Second.
City Attorney Kit Williams: At this point the Exhibit A is not in yet. You're eliminating it from
the old one which didn't have anything about leasehold in it. This was, as you probably know,
much of this ordinance was taken from the Springdale City ordinance. They have had issues up
there and they instituted a program to try to eliminate their graffiti. If you look at the code section
that's being replaced, it was passed in 1994. I was on the Council then and we thought that we
were having some graffiti problems and so that's why we enacted the first graffiti ordinance. This
one goes much further and gives the police and the city more power to do something even on
somebody's private property. It also provides a due process hearing if someone does not want the
city to remove what the city might believe as graffiti. It tries to balance out the rights of both parties
here. If you want to change it to the more modified version, not the one that was sent out with the
Council and accept with no reference to the landlord or the tenants' rights then that's fine. You
could do that and then we'll just change this Exhibit A and remove all those references.
Council Member Turk moved to amend the ordinance to add Exhibit A and omit the
leaseholder tenant provision. Council Member Hertzberg seconded the motion. Upon roll
call the motion passed unanimously.
The City Council received 1 public comment regarding this ordinance.
Kyle Smith, Citizen thanked Council Member Turk for recognizing graffiti had been a nuisance
and for bringing forward an action to fix it. He stated he would like to present the Council with
questions. He asked Mayor Jordan if he was satisfied with the definition of graffiti and that it
allowed him to implement it with discretion without getting into first amendment view point
discrimination issues.
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Mayor Jordan: I am, but I have some issue about when we decide to get on private property. As
far as the graffiti, I'm good with that. It's the peace that I have had some concern with and I want
to be sure everybody is notified because we're talking about notifying people before we raze and
remove a building. If somebody has painted something or paid to have something painted on their
shed and they go away and we can't contact them, I want to be sure that we at least have contact.
If they want to keep it and we're in disagreement, I think what City Attorney Kit Williams has
presented that would bring a process, although at the end of the day the Mayor will look at every
situation and not do anything rash.
Kyle Smith: I would like to hear how this might impact railroad right-of-way, because that's one
of the areas that's most commonly marked up. Sometimes there's a weird legal status that the
railroads carrying. How will the maintenance removal be paid for? I see that the ordinance
authorizes the use of public funds but there's not a budget amendment attached. Do we know how
much this is going to cost and what department is going to be in charge? Do we have the staff
capacity to do it? Will there be a community organization that's contracted to take care of it? How
will you manage matching colors on all of the different private properties in town? Will we have
three to choose from in stock and hope it's close enough? I can imagine color matching some
random house would be time consuming for staff. A lot of this has been put on the police
department and that makes total sense for investigation but there's also a lot of notification burdens
put on the police. Are they prepared to handle that? Are they the best part of the city to handle
that? I hope they're not going to be the ones out there painting in their uniforms. I'm a little unsure
how I feel about it all, I know that the ordinance has it's heart in the right place and this is a
problem that needs to be fixed. Just be careful with the implementation, I know the Mayor will be.
City Attorney Kit Williams: I should note for the record, and you can look at the document
yourself, but there's no burden placed on the police. Everything is theirs in authority; they may do
this or that, not that they shall do it. Most of that is going to have to be resolved by the
administration on who's best able to handle this. We're removing graffiti right now and have been
for years. It's not like this is something that just came up. Actually, there is not a substantial
number of problems that have been reported within the last year or so even though we've all seen
it, if you've driven around occasionally you'll see something you feel like should not be there.
There was brief discussion of leaving the ordinance on the first reading.
Council Member Turk mentioned tabling the item until the new year.
Council Member Harvey stated the Fayetteville Arts Council could have a special meeting or
they could leave it until January and talk about the item at their regular meeting.
Council Member Turk stated that waiting until January would be best.
Council Member Turk made a motion to table the ordinance to the January 03, 2023 City
Council meeting. Council Member Hertzberg seconded the motion. Upon roll call the motion
passed unanimously.
This ordinance was tabled to the January 03, 2023 City Council meeting.
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RZN 22-046 (822 N. Garland Ave): An ordinance to rezone that property described in rezoning
petition RZN 22-046 located at 822 North Garland Avenue in Ward 2 For approximately 0.10
acres from RMF-40, Residential Multi -Family, 40 units per acre to CS, Community Services.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated Planning Staff found the request to be in line with surrounding land uses. He stated staff
found the property to be compatible in regard to commercial and residential uses. He spoke of how
staff found the request to be consistent with Long -Range Planning goals. He mentioned that the
Future Land Use map called out the property as a city neighborhood area. He noted the amenities
nearby that made the property an appropriate infill location from staffs perspective. He stated staff
did not find any issues to note and they recommended in favor of the request. He stated the
Planning Commission felt similarly and forwarded it to City Council with limited comment
unanimously by a vote of 7-0. He noted there was one piece of public comment in regard to the
item; there was a neighboring property owner who had questions and once they understood the
request they expressed support for it. He noted Matt Loos was available as the applicant.
There was brief discussion of if Matt Loos was present in the Council Chambers.
Jacob Holt, Representing Olsson stated Matt Loos would not be present and that he would be
available in his place. He stated he was available for questions.
Mayor Jordan: Do we have any questions from the Council? Council Member Wiederkehr, have
you or Council Member Kinion heard anything?
Council Member Wiederkehr: No sir, I haven't heard anything on this one.
Council Member Kinion: No, I haven't.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
Council Member Scroggin moved to suspend the rules and go to the third and final reading.
Council Member Hertzberg seconded the motion. Upon roll call the motion passed
unanimously.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6627 as Recorded in the office of the City Clerk
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VAC 22-023 (680 N. Samara Circle Rare Bird Builders): An ordinance to approve VAC 22-
023 for property located at 680 North Samara Circle in Ward 4 to vacate a portion of a utility
easement.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated the property owner proposed to reduce the area to vacate by about 130 square feet. He stated
the area in question was the same but it would be reduced. He noted staff identified no issues with
the proposal and he recommended Council to amend the request to the revised Exhibit B he
presented to Council. He recommended that once the item was amended the easement be vacated
subject to the condition of approval that City Attorney Kit Williams outlined in regard to the
property owner being responsible for damage to existing facilities. He noted Nathan Crouch was
present as the applicant.
Nathan Crouch, Blew and Associates, P.A. stated he was available.
Mayor Jordan: Have you had any public comment on any of this, Jonathan?
Jonathan Curth: No, Mayor. With easement vacation there is not notification since it's usually
limited to a single property.
Mayor Jordan asked if the Council had heard anything.
Council Member Turk: I have not heard anything. It's right down the street from my house and
I would bet that I would hear a lot of things if there was an issue.
Council Member Hertzberg: I haven't heard anything either.
Council Member Hertzberg moved to amend Exhibit B to show the reduced area. Council
Member Jones seconded the motion. Upon roll call the motion passed unanimously.
City Attorney Kit Williams read the ordinance.
City Attorney Kit Williams asked the Council to amend Exhibit A and B as described by Jonathan
Curth, Development Services Director, before they did anything further.
Council Member Bunch moved to amend Exhibit A and Exhibit B as described by the
Development Services Director. Council Member Hertzberg seconded the motion. Upon roll
call the motion passed unanimously.
Council Member Hertzberg moved to suspend the rules and go to the second reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
Council Member Hertzberg moved to suspend the rules and go to the third and final reading.
Council Member Jones seconded the motion. Upon roll call the motion passed unanimously.
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City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 6628 as Recorded in the office of the City Clerk
RZN 22-048 (1657 N. Vandeventer Avenue, Osborne): An ordinance to rezone that property
described in rezoning petition RZN 22-048 located at 1657 North Vandeventer Avenue in Ward 2
for approximately 0.67 acres from RSF-4, Residential Single Family, 4 units per acre to RMF-24,
Residential Multi -Family, 24 units per acre.
City Attorney Kit Williams read the ordinance.
Jonathan Curth, Development Services Director gave a brief description of the ordinance. He
stated after evaluating the area and the availability of services, staff felt as though the request was
compatible. He stated Planning Staff found the request to be consistent with the Future Land Use
Map for the area. He briefly spoke of the amenities that were available in the area. He explained
that street infrastructure and terrain were two main issues that stood out to staff. He stated staff
supported the request and the Planning Commission felt similarly, forwarding it to City Council
recommending approval. He noted there were public inquiries leading into the Planning
Commission by phone, they did not get the inquiries in writing until after staffs report was
published for the Planning Commission. He stated there was concern about the state of
Vandeventer and concern that the children living at the resident's property could be imperiled by
having additional development on the street. He stated the general public comment had been
inquiries and expressions of concern. He noted Robert Rhoads was present as the applicant.
Robert Rhoads, Hall Estill Attorneys at Law stated the project met four of the six future goals of
the city. He briefly spoke of the property and the zoning of areas around the property. He explained
how the item met goal number 1, goal number 2, goal number 4 and goal number 6 of the city's
goals. He noted the staff report indicated the project met goal 4 and goal 6 by quoting, "The request
is generally aligned with several goals of the City Plan 2040. Harking back to infill, this has a
matrix score from eight to nine with a weighted score of eleven and a half at the highest level." He
stated the tree preservation for the request was 20%, however with trees being on the easement of
the property not counted toward the 20%, the property will end up with tree preservation greater
than 20%. He briefly spoke of the intention for the property to be townhomes with no more than
nine units at no more than three stories high. He explained how the project would be compatible
present day and with the city's future land use map.
Council Member Turk briefly spoke of how she drove around the locations discussed and she
believed it would be helpful to have a tour of the property.
Mayor Jordan: Have you had any public comment on this item?
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Jonathan Curth: Not since the Planning Commission forwarded it. There were several inquiries
leading up to the Planning Commission and there was a written statement of opposition that was
received after staff s Planning Commission report was published. That's included in Council's
packet, it should be the last page of the packet. There was one attendee who was trying to comment
online at the meeting and wasn't able to connect, so yes, as the short answer.
Mayor Jordan: Council Member Wiederkehr, have you or Council Member Kinion had anybody
contact you on this?
Council Member Wiederkehr: No sir, and because you had asked at the Agenda meeting I
contacted a couple of people in the neighborhood and received no opposition from them.
Council Member Kinion: I haven't heard a thing.
Council Member Bunch: I'm all for going on tour if we need to. I'm familiar with where this
property is and if we're not hearing complaints from the neighborhood, and Council Member
Wiederkehr reached out to people in the neighborhood, then we should go ahead and vote on it.
Council Member Scroggin moved to suspend the rules and go to the second reading. Council
Member Jones seconded the motion. Upon roll call the motion passed 7-1. Council Members
Harvey, Jones, Kinion, Wiederkehr, Scroggin, Bunch and Hertzberg voted yes. Council
Member Turk voted no.
City Attorney Kit Williams read the ordinance.
Council Member Hertzberg requested for the item to be held on the second reading. She would
like to attend a tour and give neighbors a chance for more public input.
Council Member Harvey agreed.
This ordinance was left on the Second Reading.
RZN 22-045 (West of N. Box Avenue): An ordinance to rezone that property described in
rezoning petition RZN 22-045 located west of North Box Avenue in Ward 3 for approximately
1.81 acres from RSF-4, Residential Single -Family, 4 Units per acre to RI-12, Residential
Intermediate, 12 units per acre.
Mayor Jordan: Let's move along to number 6, but that is to be tabled, correct Jonathan?
Jonathan Curth, Development Services Director: That's correct, Mayor. I heard from the
applicant yesterday who had a conflict they weren't able to avoid and they would like the item to
be tabled to the Council's December 20t' meeting. With that in mind, I'm available for questions
and I did want to note to Council that there was a fair amount of public comment on this. I don't
think the residents are aware that the tabling request had come in so they may be in attendance.
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Mayor Jordan: Is anyone here to speak on this?
There was brief discussion of putting the item on the Second Reading.
Council Member Hertzberg moved to suspend the rules and go to the second reading.
Council Member Jones seconded the motion. After brief discussion, the motion was
withdrawn.
City Attorney Kit Williams: Did you read the title already, Mayor?
Mayor Jordan: Well I thought the reason I didn't read the title was that we were going to come
out of the chute and just table it. Since we have people here, let me read the title and then you read.
Mayor Jordan read the title of the item.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked Jonathan Curth, Development Services Director, to give his presentation.
Jonathan Curth, Development Services Director stated he had not prepared a presentation due to
the applicant asking for the item to be tabled.
Council Member Hertzberg: Do we need to move it to Second Reading or just leave it here?
Mayor Jordan: What do you all want to do?
There was brief silence and Mayor Jordan went on to request public comment.
The City Council received 4 public comments regarding this ordinance.
Council Member Turk stated she would like to hold the item and encouraged the other Council
Members to drive around the property.
Mayor Jordan asked what the Council Members from Ward 3 thought.
Council Member Bunch: I'm in favor of holding this. Jonathan, what is that creek behind there?
It's not the Illinois River.
Jonathan Curth: It's Floyd Creek, it's a tributary to the Illinois River.
Council Member Bunch spoke of how unusual the street was and how it was crowded.
Jonathan Curth: I'm sorry, I misspoke. It's Flynn Creek, not Floyd Creek.
Council Member Scroggin briefly spoke of how he used to live on East Oaks and that he had
walked from there to stores with his kids. He stated that to say it is unwalkable is not true. He
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City Council Meeting Minutes
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believed that every area had bad traffic because people were building in the middle of nowhere
and driving in. He mentioned he went down the street recently when he received emails about the
property and he believed a developer needed to look at buying the land to the north because that
whole area could be useful if another path was opened from Box Avenue to Crossover. He briefly
explained the walkability of surrounding areas and recent construction. He stated he would vote
against the item because it would make more sense for a developer to go over to Crossover Road.
This ordinance was left on the First Reading.
American Rescue Plan Act Childcare Assistance Program: A resolution to authorize the
establishment of a Childcare Assistance Program utilizing American Rescue Plan Act funds in the
amount of $500,000.00 to provide assistance with childcare expenses for low to moderate income
families facing financial challenges due to Covid-19, and to approve a budget adjustment.
Paul Becker, Chief Financial Officer stated Administration brought the item forward to directly
help with childcare. He stated the item would be under Yolanda Fields jurisdiction and she would
be available for specific questions.
Council Member Turk stated it would be an important use of the funds and thanked Mayor Jordan
and staff for bringing the item forward.
Mayor Jordan stated the next few items were important as well.
The City Council received 2 public comments regarding this resolution.
Susan Norton, Chief of Staff stated if Yolanda Fields was online, she would like for her to address
the questions asked during public comment.
Yolanda Fields, Community Resources Director/Equity Officer: The program is set up to assist
individuals that are low to moderate income. To use an example, a family of four making $66,950
would qualify. There would be an application that we would verify income, and this is for
individuals that live, work or go to school in Fayetteville. If their children are already in daycare;
they would qualify. If they're trying to find daycare; they would qualify. They would present us
with the daycare provider and we would reach out to that daycare provider to ensure they are
willing to participate in the program so that we could set them up as a vendor with the city. Then
we would start paying their costs. As far as how many individuals, that's very difficult to determine
because depending on the number of children, the ages of the children, the cost of the daycare
varies. We will continue to assist individuals until we have an actual commitment for the whole
$500,000, because you all are correct. It is very expensive. If somebody has a newborn, that's
$1,500 a month. A lot of these families are stuck, they're not moving forward or advancing because
that burden is huge. Where they could be a two income family, they can't be because it doesn't
make sense to just have one of the parents working to just be able to pay for daycare. The hope is
that with a years' worth of assistance, that will give them some breathing room to reassess and
move forward so they can be successful in reaching goals. It would be a relief so they could move
forward and progress. I hope that answered all the questions, if there's other questions let me know.
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Sarah Moore, Ward 2: Yolanda, that was very helpful. It spurred more questions. You said one
year, and I'm curious when this opens, are we just opening the floodgates for 30 days and then
everyone is going to try to apply and we'll pick those folks and those select few will get a years
paid in childcare? I don't know if we've considered that, how many people that might be. I didn't
know if there was the potential that we were going to create any top amount that we would be
willing to pay out of this fund? I'm just curious with what you said about the $1,500 a month.
Yolanda Fields: That could be for a newborn but I don't know. It depends on what the family
makeup is. Each applicant will be unique to their needs depending on the number of children and
cost of daycare. As soon as it's approved, we're ready to go with the flyers and start taking
applications. We have to verify income and we have to work with the service provider to ensure
that they would want to participate in the program. The payments would be made directly to the
service provider. Are you thinking that there'll be a run on the program and then only those that
we can afford to cover with the $500,000 will be the ones that participate?
Sarah Moore: When I think about other social programs that get given out locally, what happens
is they get a disbursement and everyone hears that "X" person has funds for rental assistance or
utility assistance, they get a massive amount of applications and everyone lines up and not
everybody even potentially gets applied before they close because they know they've already taken
an overabundance. I'm trying to think through the challenges we have to get this out in a equitable
way communications wise and all the different languages and to the different markets of need.
Yolanda Fields: We'll be pushing that out in every method that we can do it. We will do it in
different languages so that folks can be aware that this is happening and that they can apply. If we
reach the maximum $500,000, then I guess it would be up to those decision makers to see if they
want to increase that dollar amount.
Sarah Moore: Do we have a matrix to create certain criteria of certain individuals that we want
to make sure we serve in our community? ARPA was written with the intent and purpose to help
disproportionally impacted parts of our community and we have different income guidelines. We
have certain parts of our population that have been more harmed and so I'm wondering, as part of
this program, if we have that in place? I'm sorry, I've taken up a lot of time.
Mayor Jordan stated everyone gets five minutes and Sarah Moore's time was up.
Yolanda Fields stated that if she would like to visit with her they could set up an appointment.
Council Member Scroggin hoped that metrics could be set up and in place for items as they move
forward. He briefly spoke of how citizens felt confusion on how to apply for assistance. He stated
he would vote for the item and felt as though it should move forward.
Yolanda Fields: I wanted to make sure everybody understands that everything is in place to move
forward. We have a flyer in place, we have the application in place, we have the vouchers in place,
we have the childcare provider participation letter created and we also have a methodology to
verify that the children are attending once they sign up. We will be monitoring that. We have also
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City Council Meeting Minutes
December 06, 2022
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set up a schedule to track who's being provided the assistance, the children, the ages and
information on everyone that is utilizing the program. All of that is set and ready to go.
Council Member Jones thanked city staff for putting the item together. He stated he was aware
of the challenges that was mentioned regarding childcare. He would fully support the item.
Mayor Jordan explained that the Council could add more into the program. He stated he would
be all in favor to add more if the collective group agreed.
Council Member Jones stated the item was a step in the right direction and that the families of
Fayetteville would appreciate it.
Council Member Hertzberg moved to approve the resolution. Council Member Turk
seconded the motion. Upon roll call the resolution passed unanimously.
Resolution 291-22 as recorded in the office of the City Clerk
Fayetteville Public Library Subrecipient Agreement: A resolution to authorize Mayor Jordan
to sign a Subrecipient Agreement with the Fayetteville Public Library to implement a job skill
workforce training program utilizing American Rescue Plan Act funds in the amount of
$1,258,579.00, and to approve a budget adjustment.
Paul Becker, Chief Financial Officer stated one of the major things they wanted to address with
ARPA funds was to talk about workforce development. He stated there was a submission from the
Library to run a program to train people to earn a decent living to improve their lives. He asked
Devin Howland to continue because he worked closely with the Library on the item.
Devin Howland, Director of Economic Vitality stated his department worked closely with the
Fayetteville Public Library to develop the proposal. He briefly spoke of his background in
workforce development. He spoke of how they wanted to ensure the program served residents that
needed help the most, provided job skill training assets and that it would be publicly available. He
stated Fayetteville had struggled with access to technical education and that the Library expansion
had changed that for the better. He introduced Melissa Taylor with the Fayetteville Public Library.
Melissa Taylor, Fayetteville Public Library briefly spoke of the program and how it would be
implemented. She stated public libraries have been highlighted as leaders in workforce
development and listed the reasoning why. She noted the Fayetteville Public Library's teaching
kitchen and the Center for Innovation. She stated the since January, the Center for Innovations had
seen over 4,500 reservations. She noted the collaboration between Brightwater and the Fayetteville
Highschool utilizing the kitchen to offer certifications to high school students. She briefly
explained how the library would always be a resource for workforce development, job seekers and
the community. She stated their goal was to offer training that would make a lasting and
meaningful impact on the lives of the patrons. She noted the library program was open to the public
and they would target underserved communities and populations. She explained how the impact
to Fayetteville residents would be long serving. She explained how the Culinary Arts Development
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program would certify 300 people annually in the kitchen basics course and upskill current food
workers by offering continued education training. She stated the library was developing additional
virtual learning simulations to offer people accredited certifications in fields like HVAC,
plumbing, solar energy, electrical, residential construction and more. She explained how
Information Technology had a huge need in the community.
Council Member Harvey: One of the big areas that helps to make a huge impact is to have the
connections with the job providers. I'm wondering what piece of the program is connecting you
currently to job providers for those perspective employees?
Melissa Taylor: In addition to our strategic partnerships with local businesses and industries, we
will be working with the local workforce development departments as well as the Arkansas Small
Business and Technologies Center as well. We will be connecting not with just our community
business leaders but also with other organizations and institutions that are already in positions to
help us bridge these gaps and connect people to employers after they finish the program.
Council Member Harvey moved to approve the resolution. Council Member Hertzberg
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Harvey,
Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voting yes. Council Member
Kinion was absent during the vote.
Resolution 292-22 as recorded in the office of the City Clerk
American Rescue Plan Act Nonprofit Assistance Applications: A resolution to approve six
American Rescue Plan Act nonprofit assistance applications in the total amount of $324,890.75 to
provide economic assistance to nonprofit organizations utilizing American Rescue Plan Act funds.
Paul Becker, Chief Financial Officer gave a brief description of the resolution. He stated Council
Member Turk asked for a status report to the Council Members of where they were in ARPA
funding. He stated they sent the status report copy out to all of the Council Members that morning
and there was roughly $4.8 million dollars left. He mentioned that if there were more applications
approved they could add to that amount and have as much as $5.2 million dollars depending on
the final applications. He mentioned they intended to bring more organizations that demonstrated
loses, roughly $250,000 worth, at the next City Council Meeting.
Council Member Turk thanked Paul Becker for putting the status report together.
Paul Becker stated there was still $5,000,000 dollars that didn't have to be committed for a while.
He stated they could look at programs the Council would be interested in to ask money for, such
as the childcare item that was brought forward earlier. He requested the Council approve the item.
Council Member Jones: My question is, and maybe we've already addressed it, but I wanted to
ask you. What if there is another nonprofit that wants to apply but didn't meet the initial deadline.
Is that possible or are we just looking at those nonprofits who have met the deadline?
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Paul Becker: We've had some discussion, not with the entire Council at this point in time, but I
know there has been interest talked about other periods of time for an application. We could look
at another program to discuss that and appropriate it, we could use part of the funding. I anticipate
that we're going to use, in total of the $900,000 dollars we had appropriated for the reimbursement
for non -for -profit loses, right now we've got $350,000 dollars. We've got another two so that's up
to $600,000. We still have $600,000 dollars so we could talk about opening up another program
for another period for someone who has not applied.
Council Member Jones: What are the nonprofits that fall in the category tonight? You mentioned
St. James Baptist Church, but maybe there was one or two others. I don't remember.
Paul Becker: They are listed.
Council Member Jones: I see it, thank you.
Council Member Harvey thanked Paul, Steven and everyone who worked on the applications.
She stated 5 of the 6 applications were in the creative economy and she was happy to see that.
The City Council received 1 public comment regarding this resolution.
Council Member Jones stated that during the pandemic, the St. James Baptist Church was on the
frontlines feeding the community. He briefly spoke of how in 2020 he had the opportunity to
volunteer in dropping food off and providing food. He believed the item would benefit the
community. He stated his appreciation for the city in addressing hunger relief and caring for
citizens.
Council Member Harvey moved to approve the resolution. Council Member Turk seconded
the motion. Upon roll call the resolution passed 7-0. Council Members Harvey, Jones,
Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voted yes. Council Member Kinion was
absent during the vote.
Resolution 293-22 as recorded in the office of the City Clerk
Mhoon Family Trust Condemnation: A resolution to authorize the City Attorney to seek
condemnation and possession of certain lands owned by the Mhoon Family Trust needed for the
West Transmission Water Main Project.
Tim Nyander, Utilities Director gave a brief description of the resolution. He stated Fayetteville
had an eleven mile connection to the proposed facility that had been identified in water plans for
many years. He stated construction was planned to begin in late 2024 and staff recommended that
the City Attorney file for order of possession over the property mentioned in the resolution. He
stated the waterline required a 50 foot easement, which would be necessary along the route where
the water line would be constructed. He stated the route was chosen specifically to be as
unobtrusive as possible following the property lines. He spoke of the property and what it was
composed of. He explained how the city had been keeping contact regarding the property since
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December 06, 2022
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2017. He stated the payment for land acquisition would be made for the proposed budget allocated
for the easements in the amount of $131,800, but it should be noted that this was just an estimate.
City Attorney Kit Williams: I should note to the Council that this looks like a fairly difficult
condemnation if you look at the added information, not just the text in the agenda packet. It's been
difficult to have contact whatsoever with the owners. If you can't have contact it's hard to
negotiate. We'll have to find them just to serve them. This is property owners that I don't think are
in this county, but I know they're not in the city. This is a big line going through their property
and this is one of many condemnations that we could very well be facing. I wanted you to know
it's different than some of the other ones. The next condemnation coming up is much different
than this one; it's in Fayetteville and it's only for a sidewalk. This is a large pipe and a large amount
of land that we will need for our easement. It's essential, not only to citizens of Fayetteville but
also Farmington, Johnson and all the way to Goshen. All of our water service area, we need to
have this redundant supply come in from beaver lake. It's a major project, a multimillion dollar
project and we need to get moving. That's why the water department is asking you to grant us, the
City Attorney's office, the right to file condemnation so we can obtain possession of the property.
That's what we will do but it's not going to be an easy one. We've had many acquisitions we
needed when we changed from one sewer plant to two, but we were able in that particular case to
settle every condemnation without going to jury trial. We got close a couple times but we were
able to resolve the case and I'm afraid in this particular situation there's not going to be many of
those resolutions because we won't be dealing with Fayetteville residents, and maybe not even
Washington county residents. I wanted you to know that we need to have this approved tonight
but this will not be fast results. We will be able to eventually obtain possession of the lands so the
project can go forward.
Council Member Turk: I don't think I asked this at Water and Sewer, but just to clarify, the water
pipe will be buried?
Tim Nyander: That's correct.
Council Member Turk: Have we looked at, when putting this line through, the least intrusive
way to go? In other words, is there a property line or some realignment that you have considered
and that just wasn't practical? We are going to have a lot of these condemnations.
Tim Nyander: We do try to follow the property lines, that is as unobtrusive as possible. One of
the problems that we've had here is that we first tried to get the easements around 412 because we
knew that it's developing. We've had some problems with having to realign some portions of this
line, which for various reasons we either negotiate with a property owner and they say well, we're
good with it but we want a different alignment because of this or that. So that's been the case. We
had a big easement that we already acquired that got taken away from us with the Highway 112
road rewarding with AR -DOT, that was another problem we had to realign there. With easements
in general, you try to be as unobtrusive as possible and follow the property lines.
Council Member Turk: I thought you did that I just wanted to clarify, thank you.
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December 06, 2022
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City Attorney Kit Williams stated this had been on the drawing board for a long time and had
initial engineering work to see what would be the best and least obtrusive ways to the land owners.
He stated 2 or 3 acres would be taken out of the parcel, but that they were fields.
Tim Nyander mentioned the item had been on the drawing board for 12 years.
City Attorney Kit Williams: This is our biggest line coming out of Beaver Lake, right?
Tim Nyander: It will be the biggest line. We have a 42 inch and a 36 inch, this would be a 48 inch
line.
City Attorney Kit Williams stated the line would be essential to all citizens.
Council Member Bunch: You can't build a house on this, but can you build a street across this
or a fence line where this pipe is going to be buried underground? At some point in time this will
probably be developed.
City Attorney Kit Williams: In the easement itself, we even say that we're going to try to bury it
deep enough that you can farm on top of it. You can't build a structure but you can build a fence.
It might have to be moved if we have to go and repair it, because we have the right to go back, but
this is a very expensive line that's going to be buried very deep. It should be a strong and long
lasting line, so hopefully repairs for it would be a long time before anybody would have to go back.
You're right, after it's all done you won't know it's there. Is that right?
Tim Nyander: That's right. The one we're talking about tonight, there's already some other
easements in the area parallel to this easement that belongs to other easements as well.
City Attorney Kit Williams: We have to avoid the other pipes that were already there.
Council Member Wiederkehr moved to approve the resolution. Council Member Jones
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Harvey,
Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg. Council Member Kinion was
absent during the vote.
Resolution 294-22 as recorded in the office of the City Clerk
White Rock Investments, LLC Condemnation: A resolution to authorize the City Attorney to
seek condemnation and possession of certain lands owned by White Rock Investments, LLC
needed for the Leverett Avenue Sidewalk Project.
Chris Brown, Public Works Director gave a brief description of the resolution. He stated the city
had a temporary easement on one of the parcels so the parking lot could be reconfigured. He stated
the request was for authorization for condemnation so the process would be the same as the
previously mentioned resolution. He noted the amount of the appraisal was $11,640 dollars so that
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City Council Meeting Minutes
December 06, 2022
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would be the amount they would deposit with the court. He stated if the Council approved the
item, the City Attorney would then take over and the project bid could move forward.
Mayor Jordan: I want to take a short time out here because I want to go back to the last item. I
do not think I took public comment on that item. I didn't but I should've.
After going back to Resolution 294-22, Mayor Jordan requested public comment. There was no
public comment. There was brief discussion of carrying on with the current item.
Council Member Scroggin moved to approve the resolution. Council Member Bunch
seconded the motion. Upon roll call the resolution passed 7-0. Council Members Harvey,
Jones, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voted yes. Council Member
Kinion was absent during the vote.
Resolution 295-22 as recorded in the office of the City Clerk
Announcements:
Susan Norton, Chief of Staff: I have two announcements. The city will host a blood drive
tomorrow between 9 AM and 3 PM on the Fayetteville Square. Saturday, at Holcomb Elementary,
there will be the Underwood Community Park Planning meeting between 10 AM and 12 PM.
Mayor Jordan: If you get a chance to go by and see the Lafayette Historic Bridge, I highly
recommend you check that mural out because I know that Council Member Scroggin, Council
Member Harvey and I were there and it was a well -attended celebration event. I want to thank the
University students and Olivia Trimble for all the great work that they did too and the Arts Council.
CCU Council A;cada Session Presentations:
Ozark Regional Transit Stop Improvement Plan Presentation by Olsson Engineering and Design
Firm.
Sales Tax Report, Paul Becker and Energy Report, Peter Nierengarten.
City Council Tour: None
Adjournment: 9:44 P.M.
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113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov