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HomeMy WebLinkAbout2023-03-07 - Minutes -Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore 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 March 07, 2023 City Council Meeting Minutes March 07, 2023 Page 1 of 31 Council Member Scott Bema Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on March 07, 2023 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, Sarah Moore, Mike Wiederkehr, Scott Berna, 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. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the financial report for the month of January. He stated the combined sales tax for the General Fund was up 7.6%. He stated the revenue was up 8% compared to budget and 15% compared to what was collected last year. He explained how the General Fund was strong but the Street Fund was flat. He stated parking fees were down half a percent and that parks development fees were up 9% compared to last year. He stated water usage was at 4.8% compared to last year for water and sewer. He briefly spoke of weather issues that had restricted haulers for trash and recycling. He stated Airport sales for fuel were up 30%. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 2 of 31 He explained how stores like Walmart and Kohls were up well for the period but a lot of luxury sales in the furniture area showed weakness. He was pleased with the results for January. Aeenda Additions: None Consent: Approval of the February 21, 2023 City Council Meeting Minutes. Approved JBZ, Inc. d/b/a/ Ellingson Contracting: A resolution to approve Change Order No. 6 to the contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $156,812.00 for additional construction associated with the Woolsey Farmstead Restoration Project, and to approve a project contingency in the amount of $20,000.00. Resolution 49-23 as recorded in the office of the City Clerk Bid #23-17 Sweetser Construction, Inc. - 2019 Trail Improvement Bond Project: A resolution to award Bid #23-17 and authorize a contract with Sweetser Construction, Inc. in the amount of $502,480.00 for installation of storm drainage along the Mission Boulevard Trail, to approve a project contingency in the amount of $100,000.00, and to approve a budget adjustment — 2019 Trail Improvement Bond Project. Resolution 50-23 as recorded in the office of the City Clerk Crafton, Tull and Associates, Inc. - Amendment #3 - 2019 Trail Improvement Bond Project: A resolution to approve Amendment No. 3 to the contract with Crafton, Tull and Associates, Inc. for additional design and construction management services associated with the Mission Boulevard Trail and Street Improvements Project in the amount of $58,300.00, and to approve a budget adjustment — 2019 Trail Improvement Bond Project. Resolution 51-23 as recorded in the office of the City Clerk Bid #22-47 Rock Solid Trail Contracting, LLC: A resolution to award Bid #22-47 and authorize a contract with Rock Solid Trail Contracting, LLC in the amount of $75,465.00 for the construction of trail improvements at Kessler Mountain Regional Park, and to approve a project contingency in the amount of $37,905.00. Resolution 52-23 as recorded in the office of the City Clerk Cargill Salt d/b/a Cargill Road Safety - Brine Making Equipment: A resolution to authorize the purchase of brine making equipment from Cargill Salt d/b/a Cargill Road Safety in the amount 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 3 of 31 of $1 16,521.00 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. Resolution 53-23 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. - Rockwood Trail Waterline Project: A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $58,610.00 for field surveying services and utility relocation fees associated with the Rockwood Trail Waterline Project, and to approve a project contingency in the amount of $5,71 1.00. Resolution 54-23 as recorded in the office of the City Clerk Lawrence Schemel Sewer Damage Claim: A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $33,347.65 to Lawrence Schemel for a sewer damage claim arising at 2143 West Loren Circle. Resolution 55-23 as recorded in the office of the City Clerk Hugg and Hall of Tontitown - Toyota Forklift: A resolution to waive competitive bidding and accept a quote in the amount of $39,986.00 plus applicable taxes and freight charges for a Toyota Forklift from Hugg and Hall of Tontitown, and to approve a budget adjustment. Resolution 56-23 as recorded in the office of the City Clerk YRCC - Expansion Project: A resolution to authorize a Construction Manager at Risk Services Contract with Nabholz Construction Corporation, pursuant to RFQ 22-13, for the Yvonne Richardson Community Center Expansion, to provide pre -construction services not to exceed the amount of $15,000.00, and construction services with a Guaranteed Maximum Price to be determined by future change orders, and to approve a budget adjustment —2022 Park Improvement Bond Project. Resolution 57-23 as recorded in the office of the City Clerk RFQ 22-12, Flintco LLC.: A resolution to authorize a Construction Manager at Risk Services Contract with Flintco, LLC, pursuant to RFQ 22-12, for the Fire Station 2 Project, to provide pre - construction services not to exceed the amount of $30,000.00, and construction services with a Guaranteed Maximum Price to be determined by future change orders, and to approve a budget adjustment —2022 Firefighting Facilities Improvement Bond Project. Resolution 58-23 as recorded in the office of the City Clerk Fayetteville Fire Department Recognition and Acceptance of Donations: A resolution to approve a budget adjustment in the amount of $7,000.00 representing donation revenue to the Fayetteville Fire Department from First Security Bank, Farmers and Merchants Bank, Grand Savings Bank, UARL Federal Credit Union, and Nelson-Berna Funeral Home for the annual employee service awards event. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 4 of 31 Resolution 59-23 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 unanimously. 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. At the December 6, 2022 City Council Meeting, this ordinance was left on the Second Reading and Tabled to the March 7, 2023 City Council Meeting. Mayor Jordan: Paul, I understand you want to table this? Paul Becker, Chief Financial Officer would like to table the item to the April 18, 2023 City Council meeting. He explained how the item still needed work and if it was not ready by the requested tabling date he would provide an update. Council Member Harvey moved to table the ordinance to the April 18, 2023 City Council meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the April 18, 2023 City Council meeting. RZN 22-055 (N. Bob Younkin Dr. & W. Bishop Dr./Legacy Ventures NWA): An ordinance to rezone that property described in rezoning petition RZN 22-055 located at North Bob Younkin Drive and West Bishop Drive in Ward 3 for approximately 7.76 acres from R-O, Residential - Office to CS, Community Services and RMF-24, Residential Multi -Family, 24 units per acre. At the February 21, 2023 City Council Meeting this item was left on the Second Reading. Council Member Bunch moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director had no new updates on the item. He stated staff was in favor of the request and the Planning Commission forwarded it to City Council with a unanimous vote in favor as well. He noted there were public comments heard with concern for the item. He stated Tim Brisiel was available as the applicant. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 5 of 31 Tim Brisiel, Applicant stated he corresponded with Council Member Berna and provided additional information on the plans for the property. Council Member Berna forwarded the information to property owners in the area and believed they were comfortable with the request moving forward. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6647 as Recorded in the office of the City Clerk New Business: 2023 Fire Pay, Police Pay and Benefits Study: A resolution to approve the 2023 Fire and Police Pay and Benefits Study prepared by JER HR Group, and to adopt the 2023 Fire and Police step pay plans. Missy Cole, Human Resources Director wanted to bring forward a recommendation to adopt the Fire and Police pay step plans and to implement a compression study adjustment for merit staff. She noted Blair with JER HR was available. The City Council received 2 public comments regarding this resolution. Council Member Bunch had received calls from city staff in regard to the item. She believed they felt the request was not equitable and asked if their concerns could be addressed before approving. Paul Becker, Chief Financial Officer explained the time period for pay increases and that if the item was not approved it would delay implementation of the plan. Council Member Moore agreed with Council Member Bunch. She had city staff reach out to her who were concerned about equity. She spoke of the new positions that were approved in the 2023 budget and of the city staff that lived in other cities but worked in Fayetteville. Council Member Jones heard from citizens as well. He compared the Fayetteville uniformed employees' salaries to nearby cities. He would be in support of the item and believed approving the request would be in the best interest of the citizens of Fayetteville. Council Member Berna applauded Mayor Jordan for understanding what the market required for employee salaries. He believed the citizens of Fayetteville required top quality law enforcement and Fire Departments and the only way they would get that would be to pay top dollar. He would be in support of the item. Council Member Turk questioned how employees were communicated with in regard to the item. She believed there had been misunderstanding due to the amount of emails received on the topic. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 6 of 31 Missy Cole stated employees could have a conversation with her at any time in. She believed the misunderstanding was in regard to the compression adjustments because the city had never done one before. She briefly spoke of the plan going forward and how the City of Fayetteville was doing the compression study on top of the 6% merit increase. Council Member Turk thanked Missy Cole. She believed Fayetteville needed to remain competitive with the Fire and Police force to keep employees. Council Member Jones: They were notified of this process and from what I understand it rotates each year so nothing has changed about that has it? Missy Cole answered no. She explained how the methodology meeting with department heads was done to identify new market factors and competition to start the process, which is brought forward at the beginning of the year. Council Member Jones believed there was a miscommunication issue instead of an equity issue. Missy Cole stated that if the step plan were adopted it would be in effect next year. Council Member Jones asked when the Fire and Police Department last received a raise. Missy Cole stated they receive a step raise every year and explained that every other year the city brings forward what the market was doing and would make the recommendation. Council Member Moore: Do we take into account the additional addons with the bonuses and different certifications and longevity total when we're looking at the market study? Missy Cole stated it was taken into account but it was not in the base pay number on the step pay plans. She explained there was a breakdown in the packet of the other incentive packages, certificates and assignment pays. Council Member Jones: As council members throughout this process we have the opportunity to reach out and ask any questions before now, right? Missy Cole: Absolutely, and I've been blessed to hear from quite a few of you. Council Member Wiederkehr briefly spoke of inflation and commended the organization for pursuing the 6% increase. He believed if we did not keep up with the labor market we would lose staff to other organizations. He stated that if we lost sworn personnel it would be the equivalent of two years of salary to train someone new. He was in support of the item. Council Member Bunch believed Council Member Wiederkehr made a good point and stated it would take longer than two years for some positions due to losing institutional knowledge. She received many questions and wanted to ensure everyone was treated fairly and got the explanations they needed. She felt comfortable approving the item if everyone with questions was addressed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 7 of 31 Mayor Jordan explained the reason for bringing forward the amount for uniformed employees was because we paid higher than anyone else in the region that were non -uniform. Missy Cole stated the 6% was equitable to what everyone else was doing and the compression study was in addition to the 6%. Council Member Bunch did not believe anyone understood what a compression study was. She asked if any other council members were receiving the same questions. Council Member Harvey and Jones stated they received questions as well. Council Member Harvey believed it would be helpful to explain what a compression study was. Blair Johanson, JER HR Group Consultant explained how a compression study worked. Mayor Jordan spoke of why he had wanted a compression study done. He asked if the consultant could explain how the study was done and if they looked at Fire and Police salaries in the region. Blair Johanson answered yes and explained how they wait until other city's issue their new pay plans for the year and look at the pay scales to make sure Fayetteville match's or exceeds them. Council Member Moore questioned what the lowest hourly rate was for a city employee. Missy Cole: Are you talking about for merit staff right now? Council Member Moore: Correct. What are the floors that we've looked at once we've done this study? What's the lowest floors of what individuals would be making in these roles? Missy Cole: We have a job grading system so are you asking what the lowest rate a person would come in to the city in one of those merit job grades could be? Council Member Moore: Correct. Missy Cole: Currently, the lowest for a fulltime staff member is $15. Council Member Moore questioned if the $15 would be impacted by the study that went forward. Missy Cole questioned if Council Member Moore was asking about the merit study that would start later. She was sure the $15 would be impacted and explained how we look at job grades, do the study and then recommend moving the structure a percentage based on the market. Council Member Berna explained how he communicated with city staff when he received the same correspondence as other council members and believed there was a lack of communication on the item which resulted in the confusion. He spoke of how there were Fire and Police employees who were near retiring and believed the pay increase may solidify the senior ranks to stay and continue to build and improve the departments. He would be in support of the item. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 8 of 31 Mayor Jordan believed Council Member Berna made a good point. He explained how everyone wants the best of the best and he wanted to make sure Fayetteville was competitive with everyone in the region. He believed the price was large but stated that's what you have to pay for doing business in a competitive market. He spoke of how he had always supported our Fire and Police Departments and about the 6% increase for non -uniformed employees. Council Member Bunch agreed with everything that had been spoken and stated that if you want to retain the best people and bring in the best employees, you would have to pay accordingly and entice those staff already here to stay. Council Member Turk believed it was a smart strategy to wait for other cities to set their rates before setting ours. Blair Johanson explained that the timeframe of waiting was only two months so we were not losing ground to make the adjustments. Council Member Jones wanted the voters in Fayetteville to know this was not an issue with equity and that we value our employees. He believed it was a breakdown in communication and appreciated the explanations at the meeting. He spoke of the phone calls he receives in regard to health and safety and stated we could not compromise on that. He believed we had the best Police and Fire Department in the state and wanted to keep it that way. He wanted everyone to focus on Fayetteville and do what we could to make it a more equitable and safer place to live. Council Member Harvey wanted the best to respond when she called 911. She stated the item was a data based decision and that's why she would be supporting the request. Council Member Bunch stated the citizens expected the best and we've tried to provide that. Council Member Harvey stated we would get merit pay because we wanted the best staff as well. Mayor Jordan agreed with Council Member Jones on Fayetteville having the best Police and Fire Departments in the state. Council Member Hertzberg moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-1. Council Member Turk, Hertzberg, Harvey, Jones, Wiederkehr, Berna and Bunch voted yes. Council Member Moore voted no. Resolution 60-23 as recorded in the office of the City Clerk 2023 City -Wide Employee Compensation: A resolution to approve a budget adjustment in the amount of $3,800,000.00 to facilitate the city-wide 2022 Employee Compensation Adjustment. Paul Becker, Chief Financial Officer stated the impact of the request on the General Fund for this year would be $4,600,000.00 and the impact in the future annually would be $6,500,000.00. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 9 of 31 stated the impact for this year for all funds would be $5,500,000.00 and annually would be $7,500,000.00. He was requesting a budget adjustment of $3,800,000.00. He used the example of funding the adjustment with sales tax and spoke of the average increases. He felt the increase was affordable and we should reasonably be able to pay for the plan but if not we would look at making other adjustments or looking at revenue more carefully. He explained that in 2022 we had a 4.5% surplus and that we don't spend 100% of the General Fund normally, or other funds, and that is how we get a surplus. He expected we would be able to pay for the request with our current revenue sources and he would advise the council monthly on how we were doing. He briefly spoke of the wage rates throughout the country. He explained how 6% was a reasonable increase believed we tried to address everyone and did the best we could to provide salary increases. Council Member Moore acknowledged how diligent Mr. Becker worked to ensure the city was being fiscally responsible. She felt that the Covid pandemic changed what normal was. She questioned what mechanisms would the council members be faced with to pay these financial commitments if the projections were not coming in as thought. Paul Becker explained how the city had a good reserve position and estimated that we would end up with about $16,000,000.00 in General Fund reserves that were unassigned. He briefly spoke of the good that came from having reserves and surpluses in funds. He explained that if there were no reserves the city could then look at another revenue source to invoke such as property tax extension or reviewing if we could cut expenditures. Council Member Moore questioned if our reserve amount was available dollars or protected. Paul Becker stated the $16,000,000.00 was available but not all in cash, it was liquid reserves. Council Member Berna questioned if we had identified if the raise and compression factor for merit employees was at market rate. Paul Becker stated that had not been identified because the pay study was not completed yet. He stated that next year once another study was done we would go in a comparative position. Blair Johanson explained that the process was to address the pay scale every couple of years so no one got behind. He stated employees shouldn't be paid a higher rate than the pay scale because if they have adjustments that are equal to the movement of the range it would create compression. Council Member Berna: But without this study, which will be next year, you have an educated opinion that we are paying our employees a commensurate rate for the top of the market? Blair Johanson: Yes. We take the variance to the market and apply that to the schedule so that our midpoint on the range is what we call a competitive midpoint and the schedule corresponds with that. It's through the process of evaluating the market that we make that adjustment. Council Member Berna pointed out how we were supporting Fire and Police as well as merit employees. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 10 of 31 Council Member Turk wanted Mr. Becker to reiterate that we would need to have a 8.25% increase over last year's revenue sales tax. Paul Becker explained the General Fund was 60% sales tax and 40% other sources, which together would need to equal $3,800,000.00. He stated if we only looked at sales tax, which was our largest revenue source, we would need to keep 8.25% to fully fund the request. Council Member Turk believed Mr. Becker was good at giving monthly updates and hoped he would remind council about the number needed to afford the request and stay competitive. Paul Becker agreed that he tried to keep the council informed. He believed we needed to continue to look at the General Fund to see what the total was and discuss that monthly. Council Member Turk agreed and believed the request was a big leap but needed to be done. Paul Becker stated government was labor intensive and that labor was our most valuable thing to supply service to the public. Council Member Moore spoke of how we could not foresee additional needs that might come up and noted that the City Attorney was asking for a new role that would need added to the budget. She questioned that if the items requesting salary increases passed, what would the outlook be on additional headcount or needs for additional staffing that might present itself. Paul Becker stated the only headcount he foresaw as of now was the City Attorney's Office adding an additional person, which he didn't know the exact cost of. He noted there would be a plan coming forward talking about the benefits for the Fire Department. Mayor Jordan spoke of the benefits package that would be coming along for the Fire Department and that the old pension funds would need to be addressed as well. He stated if he was pushed into a corner where he had to make cuts, he would not hesitate to do so. He believed everything would be okay but if not we would improvise and adjust. Council Member Wiederkehr stated every municipal and state government was dealing with a lack of a normal recruiting pool to draw employees from because of Covid. He mentioned there were 23 vacant positions in the Police Department and how difficult it was to recruit quality individuals to that career field. He predicted we would end the year with a sufficient number of vacant positions and was comfortable with the sales tax need projections to fund everything. Paul Becker stated we normally do not spend all of our budget and would probably have open positions that we would manage. He would keep the council informed. Mayor Jordan agreed on keeping everyone informed. He spoke of how he goes over finances with Paul Becker often and would make whatever adjustments that were needed. Paul Becker: That's why fund balance is important and why we have reserve. We're going to have ups and downs. We need to manage it and get it on a level point. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 11 of 31 Council Member Moore appreciated the discussion. She would be in support of the item. Mayor Jordan would get the council a monthly report and stated they could always call and ask. Council Member Bunch spoke of how city staff in different departments were helpful and would meet in person with anyone that had questions. Council Member Harvey moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed unanimously. Resolution 61-23 as recorded in the office of the City Clerk ARPA Subrecipient Application - Serve NWA d/b/a New Beginnings: A resolution to approve and authorize Mayor Jordan to sign an ARPA funded Subrecipient Agreement with Serve NWA for supportive or affordable housing in the amount of $1,295,000.00 and to approve a budget adjustment. Council Member Moore spoke of her experience in talking with individuals in the community. She stated the number one thing individuals were asking for was housing assistance. She gave a brief description of the resolution, the tradeoffs and a cost breakdown. She was pleased to sit beside Council Member Jones, who also sponsored the request. Council Member Jones thanked Council Member Moore and spoke of his opportunities to witness firsthand the unhoused population issues in Fayetteville. He spoke of his conversations with Solomon Burchfield in regard to solving this problem and how it was a crisis. He wanted to make sure we did everything we could to offer individuals who needed housing the opportunity. He stated the request would not solve this entire problem but it would be a great first step in the right direction. Council Member Moore: Is it okay if we have Solomon Burchfield with New Beginnings to come forward and paint a picture of what this could look like for our community? There was agreeance of Solomon Burchfield presenting for ten minutes. Solomon Burchfield thanked the council for their time. He spoke of New Beginnings and his history with the homeless community. He described how the funds could be used if approved and how they planned to serve 6-8 people over the first year and 30 or more people over the life of the project. He described the three types of people impacted by the affordable housing and homelessness crisis. He spoke of the individuals staying at New Beginnings and how they had progressed. He believed the proposal would provide housing and support services to individuals who needed it. He described the rates of the houses, how individuals would pay and how New Beginnings would help the individuals in the process. He hoped council would approve the request. Council Member Turk questioned if New Beginnings had a time frame for supportive services and how the city could be assured that it would continue to the span of forty years. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 12 of 31 Solomon Burchfield explained the cost for support services for 6-8 people per year to be $50,000.00. He described how they commit to fundraising the amount and getting grants. Council Member Turk questioned if they could list what partners they had for the funding. Solomon Burchfield listed the University of Arkansas as a partner and spoke of how partnerships and fundraising was used for support services. Council Member Jones questioned if New Beginnings had ever worked with the Salvation Army. Solomon Burchfield stated that he worked closely with the Salvation Army. Council Member Jones questioned how long Solomon Burchfield worked for 7hills. Solomon Burchfield: About eight years. Council Member Jones: So, you know all about sustainability, don't you? Solomon Burchfield: That's true, yes. Council Member Jones: It sounds like you've been able to build on partnerships every year. Solomon Burchfield: That's one of my gifts is finding and building partnerships, thank you. Council Member Jones believed sustainability could be an issue with any nonprofit, not just this project in particular. He highlighted Mr. Burchfield's experience, commitment and track record for success. He believed what New Beginnings was proposing was timely, especially for Ward 1. Council Member Berna applauded the applicant for the service he was performing. He asked how many individuals had been served in the program and what the percentage of success was. Solomon Burchfield explained how 30 individuals had been served. Council Member Berna questioned how the applicant envisioned working with the City of Fayetteville's Hearth Program and what the value of the separate proposal that was not brought forward for supportive services was. Solomon Burchfield stated the proposal was to provide ongoing funding for support services - Council Member Berna wanted to know the monetary amount the applicant had requested. Solomon Burchfield stated it had been $36,000. He explained how, even with profession help and partnering with Hearth case managers, New Beginnings was having difficulty finding an affordable home for an individual from the program currently. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 13 of 31 Council Member Berna understood the applicant to be stating that he had an individual ready to move out of the current program and that the Hearth Program would assist with that but even they could not find a home that would qualify for the individual to move into. Solomon Burchfield: Yes. Council Member Berna: How would this money change that scenario? Solomon Burchfield explained how New Beginnings would own the housing rather than renting from the private market, so they could lower qualification barriers and meet affordability needs. Council Member Jones questioned what the community looked like before New Beginnings, how it had made a positive impact and what the barriers were. Solomon Burchfield stated barriers could be different for each individual; transportation issues, criminal and credit backgrounds and trauma. He noted there were individuals ready to speak during public comment who could address what homelessness looked like before New Beginnings. The City Council received 19 public comments regarding this resolution. Council Member Moore thanked the individuals for their public comments. Council Member Harvey thanked everyone for speaking and believed the comments were impactful. She noted the applicant would be willing to give City Council a report and believed that would be key to working together and keeping the process transparent. She questioned how the project could be kept affordable once property values rose. She believed it was important the council ask themselves if they were okay with the property being sold later on. Council Member Moore stated she had discussed with City Attorney Kit Williams about creating a contract to lay out the terms and wording. City Attorney Kit Williams would review the application, listen to what the City Council had to say and work on a contract if the item was approved. He noted the city could have a contractual agreement but could not regulate rental. He would have an in depth discussion with the applicant to create something he could recommend to bring back to the council for their discretion. He briefly spoke of Willow Bend and how the current situation was different because the houses would be rented instead of sold. His goal was to create something the council would be satisfied with if they decided to move forward on the project. Council Member Turk questioned if there were other obligations the city would have with the property if the resolution were to be approved. City Attorney Kit Williams believed we would have a lot of power over the property as opposed to responsibilities. He stated we had a responsibility to have a contract that would fulfill what New Beginnings was doing and have enforceable items in the contract. He wanted to put items in the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 14 of 31 contract that would protect tax payers and briefly spoke of how we could not use General Fund money to support the project. Council Member Turk was glad the City Attorney would bring the contract back to City Council. City Attorney Kit Williams explained how the council made the final decision. He noted Mr. Burchfield would need to bring the contract to his board for approval as well. Council Member Moore noted the applicant would have to have American Rescue Plan Act reporting as well. Paul Becker, Chief Financial Officer explained how New Beginnings would need to do quarterly reports since American Rescue Plan Act funds were used. He stated we would need to create a contractual agreement that would meet the terms and conditions of American Rescue Plan Act funding and how the conditions would need to be incorporated into a subgrantee agreement. Council Member Jones asked when the process would begin if the item were to be approved. City Attorney Kit Williams stated it would not be a speedy process and the contract would be difficult to draft. Paul Becker stated we would have to make sure New Beginnings was capable of meeting the terms and conditions of subgrantee agreements, we would need additional terms and conditions the City Attorney would draft and then it would have to come back to council for final approval. He believed the process could take several months. Council Member Jones believed the citizens coming forward and speaking was a reflection of Mayor Jordan's leadership and of having an open door and an open heart. He appreciated the individuals coming forward and being vulnerable. Council Member Hertzberg liked that the proposal was something new and could potentially solve the city's problem with homelessness. She was concerned because staff did not recommend the project for funding. She questioned if the contractual agreement was created, would it reduce staff s hesitancy in recommending the proposal for funding. Paul Becker stated we had not changed our position and explained how we needed to look at the merits of the program and the cost benefit. He asked Steven Dotson to add additional information about the proposal being a capitol program. Steven Dotson, Internal Auditor explained that capital expenditures in excess of $1,000,000.00 would need a prepared written justification for why the expenditure was recommended and spoke of the information that was required in the justification. He explained how the justification for funding would need a cost analysis of how many people were served by the project compared to other projects. He believed it would be hard indicating to Treasury why a project for this cost to help six to eight people would be preferable to another program that might help more people. He reminded the council that if they were found to be out of compliance the city would be responsible 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 15 of 31 for reimbursing the Department of Treasury for any questionable monies spent, which was city staff's primary concern. He spoke of how one of the key components of the application was the consideration that this would be approved in conjunction with the CDC of Bentonville application. He wanted to make it clear that American Rescue Plan Act funding was a onetime funding and that ongoing maintenance of a property was something the city would not be able to cover. He pointed out there were other subrecipient applications that outranked this request. Council Member Hertzberg thanked Steven Dotson. She questioned if there was a specific number of people they would need to help to keep the city from violation of misusing the funds. She mentioned two ideas she had to make the proposal work: rework the proposal to add more housing units or lower the full amount to protect the city. Steven Dotson relayed wording from the Treasury regulations. He stated we were required to perform a cost analysis of at least three different projects that were similar and justify why we deviated from the one that was most cost effective. City Attorney Kit Williams: Is that true even if this was slightly under $1,000,000.00? Steven Dotson: What I'm referring to is specifically capital expenditures over $1,000,000.00. That criteria doesn't necessarily apply if it's under $1,000,000.00. Council Member Hertzberg questioned if it would be okay to grant just under $1,000,000.00. Steven Dotson stated that would be up to Treasury. He believed it would be under the threshold required and we would not have to perform the cost analysis. Council Member Hertzberg questioned if the proposal could be reworked to add housing units. Solomon Burchfield stated it would depend on the market and how expensive the units were. Council Member Hertzberg: Do you have land to build on? Solomon Burchfield: We do have land to build on. Council Member Hertzberg: Would you be able to build for cheaper? Solomon Burchfield believed the timeframe for spending American Rescue Plan Act funds would be prohibited for building. Steven Dotson: Yes, funds need to be expended by December 31, 2026. Council Member Hertzberg would love to support the project. She believed New Beginnings did amazing things. She hoped we could come to a solution on how to make the project work. Solomon Burchfield was curious about the reasonable standard for the over $1,000,000.00 capitol expense. He spoke of how he believed it was reasonable to provide housing for individuals. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 16 of 31 Council Member Berna was willing to work through his concerns but believed the council needed to analyze staff recommendations. He requested Yolanda Fields to the podium to speak of how she envisioned the program working in conjunction with the Hearth Program. Yolanda Fields, Community Resources Director/Equity Officer stated that the Hearth Program was mandated by HUD. She explained the process and how individuals that were homeless would have to fill out a form that gave them a ranking on the list of their vulnerability score. She spoke of how the individuals at the top of the list would be provided locations of where they may be housed, an inspection would need to be done and then the location would have to meet rental requirements in order for them to be housed. Council Member Berna understood that Yolanda Fields was saying that there were no HUD approved houses to put residents in that had worked through the New Beginnings program. He questioned if that was an indication that there was no existing inventory within Fayetteville. Yolanda Fields stated the challenge with clients is they have issues with their credit history and criminal records. She explained how we try to build relationships with landlords and provide wrap around case management. She stated there were 43 individuals we were currently helping and only 20 units in Fayetteville for housing, which left eight individuals currently looking for housing. She stated the clients get to choose where they live and explained how we provide permanent supportive housing for individuals that are homeless and disabled. She spoke of the requirements of the program and the average funding costs. She stated the city was doing a lot to provide housing and assistance. Council Member Berna: Do you envision the program to be something that will work within the Hearth Program or it's in question whether it would qualify? Yolanda Fields could not answer because individuals could not be housed if they were not on the binding list, if a unit did not pass inspection or if the rent did not meet the HUD cap. Council Member Berna questioned if the Hearth Programs goal was permanent assistance. Yolanda Fields explained that the program HUD required us to have was permanent supportive housing. She described the ways we help individuals with income, groceries and holiday meals. Council Member Berna believed New Beginnings request was for transitional housing from New Beginnings to the potential duplexes and then transition individuals to the next step. He questioned if the Federal Government had different rules on that aspect of the request. Steven Dotson was not aware of the federal rules governing that aspect of the request. Paul Becker did not believe the project application specifically addressed whether it was about transitional housing or permanent housing. Council Member Moore explained how New Beginnings and other nonprofits applied for the application back in April or May of last year and how the rules had changed over time. She 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 17 of 31 acknowledged the request could make the council uncomfortable but stated the individuals in the room who dealt with federal and state programs were committed to making sure requirements were met. She briefly spoke of the requirements New Beginnings agreed to meet. She challenged the council to not be scared around the reporting that would be needed for the funded and that if the request for $1,000,000.00 was lowered then that would be even less individuals served. She thanked staff for looking at the request and being concerned. Council Member Bunch questioned what a voucher for housing covered. Yolanda Fields believed the rate we could pay for a single unit one bedroom was under $750. Council Member Bunch spoke of her experience as a landlord and a realtor. She explained how she knew there was a housing shortage and she was all for calculated risk but did have concerns about the project because staff did not recommend it. She felt she needed more information before she was willing to support the request. Council Member Jones moved to approve the resolution. Council Member Moore seconded the motion. There was no vote taken. City Attorney Kit Williams: If you make a motion to pass and a second, that doesn't cut off debate that just means there's a motion on the floor. Council Member Turk believed doing something new was exciting but was concerned we would not make the cost benefit calculation under the American Rescue Plan Act. Council Member Turk motioned to amend the resolution to $975,000.00. Council Member Hertzberg seconded the motion. There was no vote taken. Council Member Hertzberg believed the funding amount would affect how certain council members voted. She believed they should vote on the amendment to change the funding. There was brief discussion of if the two motions on the floor were in order. Council Member Berna questioned if the proposal was envisioned as transitional or permanent. Solomon Burchfield stated the proposal was for permanent supportive housing. Council Member Berna spoke of the cost benefit analysis and stated that since the proposal was for permanent housing it would only be helping eight people for an extended period of time instead of several people over many years. Solomon Burchfield built his model on an 8% or 10% attrition on an annual schedule and explained how individuals that move into permanent supportive housing exit through many ways. He believed that over a 30 year period 30 people could be served. Council Member Jones questioned how many people will be housed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes March 07, 2023 Page 18 of 31 Solomon Burchfield projected 30 plus people over the lifetime of the project. Council member Jones questioned how many people the proposed amendment would house. Solomon Burchfield stated it would be a 25% reduction and that he included in the application that scaling the amount down was appropriate but it would lessen the impact. Council Member Wiederkehr appreciated Council Member Moore for bringing the item forward. He believed it was a complex and worthwhile issue and challenge. He spoke of how the city funded transitional housing with Magdalen Serenity House and how he believed the model they used was efficient. He believed there were many good things we could do with the money. He briefly spoke of the challenge of finding property to buy for the project in Fayetteville and how the money may go further in purchasing property outside of the city. He reviewed the slideshow presentation Council Member Moore provided and spoke of other communities and how they chose to expend their American Rescue Plan Act funds. He wanted to be sure no one felt shamed into supporting transitional housing for those in need due to seeing the other communities who received more in ARPA funding supporting housing needs. He wanted Fayetteville to be given credit for the appropriate investment of the funding we received. He questioned if we would be better investing rental assistance to prevent someone from losing housing. He briefly spoke of what would happen if the market went up and there could only be four people housed instead of the projected seven to eight people and how that would shrink the benefit group number. Council Member Moore thanked Council Member Wiederkehr for his thoughts and pointed out that county monies versus what the city got was a different bucket of money and allocations. She believed we could do better and invest the remaining money to make a more permanent solution. She spoke of the additional needs the unhoused use within the community such as healthcare, police calls and jail time. She understood the number of individuals that would receive help was small but the impact it would have on first responders, city budgets and the healthcare capacity would answer for and offer a long-term permanent solution to get individuals into a dignified place. She offered a revision to bump the amendment up to just under $1,000,000.00. Council Member Turk believed the amount would draw suspicion from the Federal Government. She would like to hear from other council members. City Attorney Kit Williams: You did not accept that as a friendly amendment, right? Council Member Turk: I did not. City Attorney Kit Williams: Unless she can get a second and have that as a regular attempted amendment. Council Member Moore: I'm fine to pull that down, it's okay. It's a late hour at this point and we can proceed. City Attorney Kit Williams could not recommend anything that would be at the $1,000,000.00 level or above. He believed the amendment would lower the cost and make it acceptable. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 19 of 31 Council Member Berna struggled with the proposal. He spoke of how he had reached out to members of the community and they were able to open his eyes and educate him on how the proposal could help. He stated that he still had to look at proposals that were graded above this one which were also for affordable housing and housing the underserved. He struggled with funding a proposal that was listed as do not recommend and with altering the proposal to fit what we thought would work. He worried we were moving too fast on the proposal and making modifications to try to make it fit our needs. He believed that if were giving the applicant an opportunity to alter the proposal then we should give the applicant time to alter it correctly. Council Member Bunch had tried to look at the proposal from every direction and take into account what was being said. She spoke of how people had asked what her vote would be and that it would be no and that she wanted to know more about the proposal. She would like to take more time on the request to come up with something that would work for everyone. She believed that if something was not done there would be no other options for the individuals this would affect. Council Member Turk believed there were gaps in the proposal. She stated that an estimate in regard to if they used the money for rental assistance and prevented people from becoming homeless as opposed to housing six to seven people annually would be great information to consider. She would be comfortable waiting for more information in two weeks or later. Mayor Jordan: Well, you all have a motion. City Attorney Kit Williams: The way to be comfortable waiting is having a motion to table and you can table right from this spot here so that if you came back there would still be the motion to amend before you. If you want to wait, that's what you do. You make a motion to table. There was brief discussion of needing to table the resolution long enough to gather information. Council Member Berna questioned that if the request was tabled with intention to modify the application, would we be required to do that for everyone with an application we were reviewing. City Attorney Kit Williams did not believe there was a state obligation. He did not know if the federal regulations would all us to reopen without reopening to everyone. Paul Becker stated the proposals were to be a subgrantee so there would be no obligation to approve them or not. He believed our only obligation was to say yes or no to the projects. Council Member Bunch explained that it was suggested for council to bring things forward. Mayor Jordan stated the council would decide how the money would be spent. Council Member Berna was concerned that we were potentially modifying an application and wanted to ensure we did not have a legal obligation to allow others to modify theirs. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 20 of 31 City Attorney Kit Williams did not believe there was a legal obligation. He explained we were making a counteroffer and he did not believe that was illegal. He stated if other applicants wanted to modify theirs they could try to get the attention of someone on the council to bring it forward. There was brief discussion over which date the resolution would be tabled to. There was agreement on the date of April 18, 2023. Council Member Moore asked for clarification on what was requested to be accomplished by April 18, 2023. Mayor Jordan stated a comparison between the rental assistance proposal and the current proposal would be completed. Council Member Turk stated a rental assistance analysis would be completed and how many people could be served with $975,000.00. City Attorney Kit Williams questioned if Council Member Turk was requesting that city staff gather the information to bring forward. Council Member Turk answered yes. Susan Norton, Chief of Staff stated staff would do an analysis of other options as well that may be available to compare to the project. She believed six weeks would be enough time. Kara Paxton, City Clerk Treasurer questioned if another item were to be brought forward, would it be considered before the current item since it would now be on Unfinished Business. City Attorney Kit Williams stated it was up to the Council. Kara Paxton stated she had a discussion with Steven Dotson and questioned that if the applicant had only so many receipts or information to provide, would they be approved at full level or brought down at a level that could be approved. She understood that it would be looking at it at a level that would be able to be approved now versus later. Steven Dotson stated that would be for the revenue reimbursement program, not the subrecipients. Kara Paxton explained how her office puts the agenda together and questioned that if a council member brought another item forward would it play a role with how this request was placed on Unfinished Business. She wanted to ensure that when the request was put forward it was in the order the council had heard it so it was not moved ahead of anyone else. City Attorney Kit Williams: This will be Unfinished Business and if something is brought new it would be on New Business, so it would be later if it's on the same agenda. Mayor Jordan stated a council member could bring forward anything they wanted to. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 21 of 31 Council Member Hertzberg: We can have a civil agreement that this is something we're considering. Do we all agree to wait? I do. Council Member Wiederkehr explained the funding left and that everyone should have the agreement to leave $1,300,000.00 in abeyance out of courtesy until the item was resolved. City Attorney Kit Williams stated they should table the item for six weeks and explained that something may come along later they might go for instead. There was brief discussion of staff bringing forward additional information at the April 18, 2023 City Council meeting. Council Member Bunch moved to table the resolution to the April 18, 2023 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the April 18, 2023 City Council meeting. Addition of a Full -Time Position (FTE - 1) - Senior Assistant City Attorney Position: A resolution to authorize a fourth full-time equivalent position, Senior Assistant City Attorney, in the City Attorney's Office. City Attorney Kit Williams gave a brief explanation of why he brought the item forward. He intended to promote Blake Pennington, current Assistant City Attorney, into the position. Council Member Moore questioned if there was an estimate of the pay range for the position. City Attorney Kit Williams was not sure of the cost because it would need to be graded by our HR Department and the Johanson group. He estimated the grade to be around $90,000.00. Council Member Harvey stated the new number would come back to City Council for approval. City Attorney Kit Williams explained the cost that could occur from not having an additional member in the City Attorney's Office. He appreciated the City Council for listening to his warnings and needed an additional person as more difficult situations arose so that no mistakes were made. Council Member Berna identified the need for an extra person in the City Attorney's Office. He made a motion to approve the resolution. There was brief discussion of if public comment would be taken and if there had been a motion and a second to approve the resolution. The City Council received 1 public comment regarding this resolution. Council Member Turk explained why she supported the request. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes March 07, 2023 Page 22 of 31 Council Member Berna moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Resolution 62-23 as recorded in the office of the City Clerk 2023/2024 Asphalt Overlay/Sidewalks Projects: A resolution to approve the Transportation Division Overlay and Sidewalk Projects list for 2023 and 2024. Chris Brown, Public Works Director gave a description of the resolution. He stated the item had been reviewed by the Active Transportation Advisory Committee and Transportation Committee. Council Member Wiederkehr moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Resolution 63-23 as recorded in the office of the City Clerk Forvis, LLP: A resolution to approve a one year contract with Forvis, LLP for auditing services for the 2023 audit in the amount of $131,093.00, with an option to renew for up to four additional one year terms. Paul Becker, Chief Financial Officer explained how we're required to have an annual audit performed by a certified public accounting firm to make sure we are in compliance with grants and state law. He explained how Forvis merged to BKD, which was who the city used previously. He stated Forvis was selected by the Selection Committee and the Audit Committee. Council Member Harvey moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed unanimously. Resolution 64-23 as recorded in the office of the City Clerk Park and Recreation System Master Plan: A resolution to approve and adopt an updated Park and Recreation System Master Plan. Alison Jumper, Parks & Recreation Director introduced the updated Park and Recreation System Master Plan and recognized the members who had worked hard on the plan. She stated the last plan was adopted in 2002 and spoke of the changes the city and the Parks Department had seen since that time period. She gave a brief overview of the updated plan. Anna Laybourn, Design Workshop Inc. spoke of how public engagement was integral to the updated plan creation process. She explained the five guiding principles of the plan; nature connection, stewardship and maintenance, active and well, gathering and placemaking and resilient natural systems. She stated the principals received strong support from the community. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 23 of 31 Theresa Hyslop, ETM & Associates worked on the financial analysis portion of the master plan. She compared Fayetteville to peer cities and noted that we were spending less on Parks and Recreation for operating expenditures and we had lower staffing per our population. She explained how the master plan dove into funding strategies to bridge the gap between budgets. Alison Jumper looked forward to the new vision and being able to move forward with the plan. Council Member Turk commended the team for drafting a well thought out document. The City Council received 1 public comment regarding this resolution. Council Member Bunch was impressed with the plan. Council Member Wiederkehr loved the draft report Alison Jumper had provided for his review. Council Member Bunch stated she had met with Alison Jumper in person to review the document. Council Member Harvey was excited to have an Arts and Culture Director and was thrilled with the plan. She thanked Alison Jumper for reaching out to the council. She was in support. Council Member Hertzberg moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Resolution 65-23 as recorded in the office of the City Clerk Utilize Federal -Aid Funds - Millsap Rd., College Ave. and N. Hemlock Ave. Project: A resolution to express the willingness of the City of Fayetteville to utilize Federal -aid funds for the Millsap Road and College Avenue Intersection Improvements Project and the North Hemlock Avenue Improvement Project. Chris Brown, Public Works Director stated the project was part of the 2019 Bond Program. He gave a description of the resolution. He stated we were able to secure federal aid funding of $320,000.00 for the environmental and right-of-way acquisition phase of the project. He explained the resolution was for expressing the willingness to use federal aid funds to pay the matching amount of 20% of the work. He stated there was opportunity to apply for additional funds later on. Council Member Bunch moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 66-23 as recorded in the office of the City Clerk RZN 22-056: Rezoning (4302 W. Bronco Dr./Baumann Construction, 517): An ordinance to rezone that property described in Rezoning Petition RZN 22-056 located at 4302 West Bronco 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 24 of 31 Drive in Ward 1 for approximately 0.38 acres from CS, Community Services to RSF-18, Residential Single -Family, 18 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible. He stated staff recommended in favor and the Planning Commission felt similarly, forwarding the request to council unanimously. He stated there had been no public comment received. He noted Michael Crosno was present as the applicant. Michael Crosno, Applicant was available for questions. The City Council received I public comment regarding this ordinance. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan questioned if Council Member Harvey had heard anything. Council Member Harvey and Jones had received no comments. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6648 as Recorded in the office of the City Clerk. RZN 23-001: (W. of N. Washington Ave/Spring Street Cottages, 485): An ordinance to rezone that property described in Rezoning Petition RZN 23-001 located west of North Washington Avenue in Ward 1 for approximately 0.12 acres from RMF-24, Residential Multi -Family, 24 units per acre to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be consistent from a compatibility and land use standpoint. He noted that the zoning change would come with a reduction of tree preservation. He stated staff felt Residential Intenmediate-Urban had a positive benefit in reducing the potential building height of five stories down to three stories and offered a more flexible lot layout. He stated there had been 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 25 of 31 two public comments in opposition with concerns in regard to traffic and noise. He stated staff recommended in favor of the request and the Planning Commission voted to forward it to City Council unanimously recommending approval. He noted the applicant, Brian Teague, was present. Brian Teague, Applicant explained how he owned the properties and what his building plans were. He stated his plans had generally been well received by the neighborhood. He explained how he leased units to primarily 20 to 40 year old professionals. His future plan was to form a condo association and sell the units individually. He spoke of the City Plan and how it encouraged infill in appropriate areas. He acknowledged the public comments and stated he would do his best to minimize noise during construction and manage traffic. Council Member Harvey questioned how the applicant was taking the setback design element into consideration. Brian Teague stated the zoning required them to get the buildings closer to the street. He believed the noticeable difference of setbacks would diminish if the houses were able to get a six foot greenspace and sidewalk to define the street better. Council Member Harvey: The photos you provided, are those the ones that are across the street or is that from a different project? Brian Teague stated it was immediately across the street from the subject property. Council Member Harvey spoke of the applicant's property across the street and how she had not been to that area. She described how there would be a new design standard established in the area. Brian Teague explained how they were putting in green spaces, aligned rows of trees and the sidewalk on both sides of the street. Council Member Harvey did not believe there were currently any sidewalks. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey believed the project was needed in Ward 1 and Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 26 of')] Ordinance 6649 as Recorded in the office of the City Clerk Appeal RZN 22-054: (515 S. College Ave./Niederman, 523): An ordinance to rezone that property described in Rezoning Petition RZN 22-054 located at 515 South College Avenue in Ward 1 for approximately 0.31 acres from NC, Neighborhood Conservation to DG, Downtown General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use standpoint however looking at it from a future land use standpoint the findings were mixed. He described the Walker Park Neighborhood Master Plan and how staff found the request aligned with the plan. He spoke of the infill rating for the property, the tree canopy requirement restrictions and the building height change. He stated there was a Bill of Assurance offered by the applicant to not allow a development to exceed three stories. He explained the most prominent change, if the zoning were to be approved, would be the allowance for nonresidential uses. He stated that one member of the public spoke at the Planning Commission meeting with concern that the request would have negative impacts on traffic in the area and in regard to the height allowed. He stated Ward 1 council member's received public comment in favor of the request and that staff was recommending in favor of the request. He explained that when the item was heard at the Planning Commission meeting, they had significant concerns that approving the rezoning could lead to further rezoning with further entitlements along College Avenue. He stated the Planning Commission voted unanimously to deny the request. He noted Zara Niederman was available as the applicant. Zara Niederman, Applicant thanked Jonathan Curth for his comments. He briefly spoke of the Walker Park Neighborhood Mast Plan. He believed his request was compatible because of the mixed uses of commercial businesses near the property. He was happy to offer a Bill of Assurance in regard to the concerns for height. Council Member Turk asked if the Bill of Assurance was provided to the Planning Commission. Jonathan Curth: It was not. Council Member Turk: Did they raise that as a concern with the heights? Jonathan Curth: I'm sorry, I don't recall them specifically speaking to height. Council Member Hertzberg moved to amend the ordinance to add the Bill of Assurance. Council Member Moore seconded the motion. Upon Roll Call the motion passed unanimously. Council Member Harvey spoke of the businesses along College Avenue. She believed it would be appropriate to see more businesses and residentials mixing together. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 27 of 31 Council Member Berna recalled reading in the Planning Commission that there was conversation in regard to height and hoped the Bill of Assurance would eliminate the concern. Council Member Wiederkehr: The challenge for us is that the Planning Commission was unanimous in their concern. They viewed the neighborhood as comprised immediately adjacent single family residences. That would be a fair synopsis of what I read their concerns to be. Council Member Harvey believed Council Member Wiederkehr's comment was fair. She believed the project was compatible because of the variety of buildings. The City Council received 3 public comments regarding this ordinance. Jonathan Curth addressed a public comment by confirming that fast-food restaurants and gas stations were classified under a different use that was not allowed under the zoning. City Attorney Kit Williams: That would include a drive through to pass out coffee or something? Jonathan Curth: That's correct. Mayor Jordan questioned if Mr. Curth would like to address the public comment on setbacks. Jonathan Curth explained that the home protection requirements adopted years ago stated that once a building got over 24 feet in height it would have to stair step back or push the building away from the property that was immediately adjacent to the single family home. Council Member Harvey hoped the concerned citizens felt better with the explanation of the stair step back and knowing there could not be a drive through at the property. She believed the bigger concerns were being addressed and she would be in support of the request. Council Member Turk was concerned about the Downtown General creep, the intersection near the property and traffic. She was not in support of the request. Council Member Bunch believed a good case had been made and that concerns had been addressed. She would be in support of the request and believed the project would be a good match. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 28 of 31 Council Member Wiederkehr shared Council Member Turks concern about the Planning Commission's unanimous vote. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Harvey, Jones, Moore, Berna and Bunch voted yes. Council Members Turk, Hertzberg and Wiederkehr voted no. Ordinance 6650 as Recorded in the office of the City Clerk RZN 23-002: (SE of N. Gregg Ave and W. Elm St/Legacy Ventures LLC, 367): An ordinance to rezone that property described in Rezoning Petition RZN 23-002 located southeast of North Gregg Avenue and West Elm Street in Ward 2 for approximately 1.71 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre and RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible from a land use perspective and from the future land use map. He stated staff found the potential for additional housing in the area near services and potential jobs was an appropriate location and that the request aligned with many of our adopted goals. He stated the proposed zonings would reduce the tree canopy on the property. He noted there was a single family subdivision being developed to the east and as part of the development an alley was dedicated coming east from the cul-de-sac that abuts the property which could serve as an additional access point. He stated there had been one public comment in favor of the request and quite a bit of opposition and concern for the request. He spoke of how traffic, no sidewalks, site access, tree removal and the potential for impacts associated with more housing were raised as concerns. He noted there was a meeting held by the Ward 2 Council Member's that received public input. He stated staff recommended in favor and the Planning Commission also supported the request by a split decision, forwarding it to City Council recommending approval. He noted Tim Brisiel and Brian Teague were available as the applicants. Brian Teague, Applicant hoped the council would follow the recommendation from staff and Planning Commission to support the request. He explained how they planned to build two story, single family housing with some duplex or triplex buildings. He spoke of why they considered the location to be a good infill area and why they believed allowing the property to be developed at higher density was the best choice. He explained how they intended for vehicular access to be provided off of Gregg Avenue and that connectivity could be provided to the subdivision under construction to the east. He believed that given the smaller scale of the property, impacts to traffic would go unnoticed. He spoke of how they planned to preserve code required tree canopy, the walkability of the area and the local amenities. He requested council support the request which he believed would help Fayetteville meet housing demands, discourage suburban sprawl and preserve farms and forests along the edge of town. The City Council received 2 public comments regarding this ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 29 of 31 Council Member Harvey questioned if the area had a hilltop overlay. Jonathan Curth stated the site was fairly level but did slope from the southeast corner to the northwest corner. He stated there was a drainage ditch that ran from northwest to southeast, but it didn't carry enough water to fall under the requirements of the streamside protection ordinance. Council Member Berna requested to hear about the meeting the Ward 2 members had. Council Member Wiederkehr stated there were 22 people in attendance. He believed the neighbors were sincere in welcoming new neighbors and did not wish to oppose development. He explained the neighbors' concerns in regard to pedestrian safety, traffic safety and increased storm water runoff. He stated the neighbors would like to see the property developed but as RSF-4. Council Member Turk believed those who were not familiar with the area should visit. She noted that the intersection of Greg was very challenging and problematic. She explained how a gentlemen who spoke a public comment had a home right next to where RI-U would be if approved so she was not in support of the request. She believed the development would be too much and that RSF-4 would be appropriate given the limitations of the topography. She questioned if the access management standards on Elm would prohibit any additional curb cuts. Jonathan Curth explained that to access the property that's under consideration there would need to have at least 50 feet of separation from the driveway that was acknowledged so it would be tight. He was unsure how feasible that would be. He believed the proposal could possibly get a variance to be accessed from Greg alternately. Council Member Turk stated the area was a tight spot in terms of getting cars in and out. She stated the safety issue of the area was a high component. Council Member Bunch questioned how many houses under RSF-4 could fit on the property. Jonathan Curth stated that just the acreage alone would allow the property to have seven houses. Council Member Bunch explained that when you look at the way the property was laid out, you couldn't put very much on the acreage unless there was a tandem lot. She believed there was no way very many houses could fit on the property. She was concerned about traffic and believed if there were another access point she would be more favorable. Council Member Hertzberg requested the item be held for further review. There was agreement throughout the council to hold the item. Council Member Berna believed the developer was forthcoming with the neighbors and able to work through the issues. He would like to pull the item so an agreement could possibly be made. Council Member Bunch commented that the item would be first on Unfinished Business. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 30 of 31 Council Member Turk stated that would give the council the opportunity to have a tour. Council Member Harvey knew were the location was and would view the area. This ordinance was left on the First Reading. VAC 23-001: (N. Bob Younkin Dr. & W. Bishop Dr./Legacy Ventures, 251): An ordinance to approve VAC 23-001 for property located at North Bob Younkin Drive and West Bishop Drive in Ward 3 to vacate a portion of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff had received consent from all associated utilities. He spoke of the water and sewer line that needed to remain having adequate easement coverage moving forward. He stated the request would constitute nine feet of right-of-way taken off of either side of the street and that staff recommended in favor of the request. He noted the conditions that Mr. Williams read; the boiler plate condition that any damage or relocation would be at the developers expense and that the water and sewer lines be field located with assurance they had adequate easement coverage after the right-of-way was vacated. He stated the Planning Commission had minimal comment and forwarded it to City Council unanimously recommending in favor. He stated there had been no public comment on the item. He noted Tim Brisiel was available as the applicant. Tim Brisiel, Applicant gave a brief description of the property and how they were trying to shrink the right-of-way down. He spoke of his plans for the street and how he had approval from all the different utilities to reduce the area from 70 foot to a 52 foot wide street. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member 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. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6651 as Recorded in the office of the City Clerk Announcements: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 07, 2023 Page 31 of 31 Susan Norton, Chief of Staff stated on Saturday there would be a kickoff for the Walker Park Master Plan. She stated the second round for assistance for nonprofits would close on Friday at 5:00 PM. Mayor Jordan: How many applicants have you had? Council Member Harvey: We'll be at the park from 10:00 AM to 1:00 PM, I'll be at Walker Park. Council Member Turk questioned if no applicants applied for the assistance. Susan Norton did not know how many applicants applied. City Council Agenda Session Presentations: Sales Tax Report, Paul Becker and Energy Report, Peter Nierengarten. 2023 Fire Pay, Police Pay, Benefits Study and Employee Compensation Plan. City Council Tour: None Adjournment: 11:28 p.m. G ���.•' GITY��•y�,. Kara Paxton, Crty C erk Treas rer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov