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HomeMy WebLinkAbout2023-05-02 - Minutes -Council Member Sonia Harvey Ward l 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 May 02, 2023 City Council Meeting Minutes May 02, 2023 Page] of 2l Council Member Scott Berna Ward 3 Position l Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position I Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on May 02, 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 Reco-2nitions: None City Council Meeting Presentations Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a brief summary of the report. He stated sales tax were up over 9% compared to the budget and spoke briefly about the other funds. He stated that all in all, the total revenue in the General Fund was up 7.2% compared to budget. He briefly spoke of the Street Fund and how it was flat at this point in time. He stated the Parking Fund was up 8% and the HMR taxes were up 16%. He briefly spoke of the Water and Sewer Fund and how it was up 1 %. He stated the Recycling and Trash collection was down 8% compared to budget. He briefly spoke of the Airport and how the gallon and revenue sales were down, but the city still had positive 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 2 of 21 cash flow. He stated Operations were under what they had been last year but were starting to level out. He believed it had been a good first quarter for the City of Fayetteville. Agenda Additions. None Consent: Recognize Hazmat Services Revenue: A resolution to approve a budget adjustment in the amount of $14,585.00 recognizing hazmat services revenue received from Washington County and increasing the related expense budget. Resolution 98-23 as recorded in the office of the City Clerk RFQ #23-01 Selection #1, McClelland Consulting Engineers, Inc., Olsson, INC. and GTS Inc: A resolution to award RFQ #23-01 Selection #1 and authorize the purchase of on -call materials testing services from McClelland Consulting Engineers, Inc., Olsson, Inc., and GTS, Inc. based on price and availability as needed through April 30, 2024. Resolution 99-23 as recorded in the office of the City Clerk RFQ #23-01 Selection #2, McClelland Consulting Engineers, Inc. and Olsson Associates Inc: A resolution to award RFQ #23-01 Selection #2 and authorize the purchase of on -call surveying services from McClelland Consulting Engineers, Inc. and Olsson, Inc. as needed through April 30, 2024. Resolution 100-23 as recorded in the office of the City Clerk Sweetser Construction, Inc: A resolution to award Bid #23-16 and authorize a contract with Sweetser Construction, Inc. in the amount of $682,776.00 for construction of the Leverett Sidewalk Improvements Project, and to approve a project contingency in the amount of $70,000.00. Resolution 101-23 as recorded in the office of the City Clerk ARDOT Row Dedication: A resolution to authorize the dedication of approximately 1,061 square feet of right-of-way to the Arkansas Department of Transportation for the Highway 16 Project. Resolution 102-23 as recorded in the office of the City Clerk Stribling Equipment Inc: A resolution to authorize the purchase of a milling machine from Stribling Equipment, LLC in the amount of $809,302.38, plus any applicable taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing Contract, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 3 of 21 Resolution 103-23 as recorded in the office of the City Clerk Trust for Public Land: A resolution to authorize the acceptance of a non -matching grant from the Trust for Public Land in the amount of $23,600.00 to engage teens and seniors around summer programming and the design of Walker Park, and to approve a budget adjustment. Resolution 104-23 as recorded in the office of the City Clerk Sr. Asst. City Attorney: A resolution to approve a budget adjustment in the amount of $111,499 to fund the Senior Assistant City Attorney position and licenses in the City Attorney's Office for the rest of 2023 and including needed new equipment, travel and training, publications and dues. Resolution 105-23 as recorded in the office of the City Clerk Rife and Company Inc: A resolution to approve a budget adjustment in the amount of $46,000.00 recognizing federal -aid funding for appraisal services, and to approve a contract for appraisal services with Rife & Company, Inc. Resolution 106-23 as recorded in the office of the City Clerk Walter Woodward Water Damage Claim: A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the Mayor to pay the total amount of $18,442.22 to Kerlin Land Co., LLC; Arkansas Outdoor Professionals, LLC; and Mr. Handyman of Bentonville, Rogers, and Springdale for a water damage claim arising at 185 North Hartman Avenue. Resolution 107-23 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Walker Park Basketball Court Refurbishing and Giveaway: A resolution to approve a proposal by Walmart and AND to refurbish and paint the Walker Park Basketball Courts and host a back to school backpack and shoe giveaway, and to approve the recognition of Walmart and AND1 for their significant contributions at the refurbished courts. At the April 18, 2023 City Council meeting this item was tabled to the May 2, 2023 meeting. Alison Jumper, Parks & Recreation Director stated there had been no new proposals from what had been presented at the last meeting. She gave a brief summary of the resolution. She stated the estimated median annual income for individuals in the half mile radius around Walker Park was about $36,000.00 and that 72% of the households in that area were earning less than $50,000.00 a year. She estimated a cost of approximately $20,000.00 for the City of Fayetteville to refurbish the basketball court to a standard, solid color and that adding the mural similar to what was proposed could cost the city upwards of $100,000.00. She spoke of how the project had been received well 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 02, 2023 Page 4 of 21 in other locations and how those locations had continued to do additional projects with other partnerships. She presented pictures of the current basketball court that showcased how it needed refurbishment. She briefly spoke of how we currently had recognitions in our parks of sponsors. She introduced Mr. Kelley from Walmart to speak further about the event. Ryan Kelley, Omni Associate Merchant with Walmart thanked Alison Jumper for her work on the project. He briefly spoke of his history in Fayetteville and the reasoning for why he brought the proposal forward. He briefly spoke of the shoes, backpacks and school supplies that would be given away. He spoke of AND 1 and Walmart and described their branding and goals. Council Member Jones thanked Alison Jumper and Ryan Kelley for their presentations and for choosing Fayetteville. He questioned what other communities they had engaged with. Alison Jumper: Charlotte Mecklenburg and Oakland California are the ones that have been shown. Ryan Kelley stated there were additional projects in progress that had not been completed yet. Council Member Jones: Are we the only city in the State of Arkansas that will be hopefully benefiting from this? Ryan Kelley: Yes, that's correct. Council Member Jones: You did say that it has been well received, right? Ryan Kelley: Yes. There was brief discussion of how the city would be responsible for the cost of the refurbishment if the proposal was not approved. Council Member Jones questioned if there was a chance a child could get hurt from playing on the court as it currently was. Alison Jumper: I wouldn't say that the court is dangerous, I would say the court is in need of refurbishment. The condition of it affects playability. Council Member Jones questioned how Alison Jumper felt the proposal would be received within the community. Alison Jumper spoke of how she believed the proposal would be well received and that improving what we had would be a good step in meeting the needs of the community. There was brief discussion of how the proposal was presented at the Parks and Recreation Advisory Board meeting in April and was unanimously approved. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 5 of 21 Ryan Kelley stated the paint they would use on the court would last three to five years and that the refurbishment would add an additional 15 to 20 years to the lifespan of the court. Council Member Berna questioned that if the council did not support the request, would the company go to other cities with the proposal. Ryan Kelley: That's correct. Council Member Bunch briefly spoke of how AND would hire a local artist to create the design of the court, which she believed would also advertise Fayetteville. She questioned who would do the painting. Ryan Kelley stated there was a local artist they had talked with that was in the works of creating a design and that there was a local group, Brick and Canvas, that would do the installation. Council Member Bunch believed that having a local artist and a local group to work on installation added a lot to the project. She spoke of the proposal and how she believed it would be a good thing to take advantage of if possible. Council Member Turk believed the proposal sounded like a win -win for the city. She questioned that if the project were approved and something happened, would the city have the ability to paint over the project within the three to five year timeline. City Attorney Kit Williams explained how the city did not have the complete contract yet and so the contract terms had not been determined. He believed there would be things in the contract that would protect the city if we needed to do something to correct any issues with the court. Council Member Turk clarified that she was asking along the terms of something bad happening to the brand. City Attorney Kit Williams: We'll look at the contract and try to figure that out there. Ryan Kelley spoke of how he foresaw no issues with the brand but understood Council Member Turk's concern. He stated that it was the City of Fayetteville's park, so the city could paint over it if needed. Council Member Bunch spoke of the staff in the City Attorney's Office and how she believed something could be worked out to everyone's satisfaction. Council Member Harvey questioned if AND and Walmart would be willing to donate the shoes and the backpacks without the mural and advertisement on the basketball court. Ryan Kelley: The shoes and backpacks are something that I'm doing solely on my own. We're just trying to package it in an event to get the kids there and excited and help donate to these families through this event. This 30 year anniversary of AND1 is the vessel that I'm using my platform to be able to give back to the community. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 6 of 21 Council Member Harvey was glad there was conversation about working with a local artist to create the design. She questioned if any city had pushback about the advertisement being in a public park. Ryan Kelley: Yeah, there has been some nuances but ultimately at the end of the day the other cities have not had these backpacks, shoes and school supplies being added. They've just been doing it to give back to their communities through the art installation itself. There was brief discussion of how there would be a backpack and shoe giveaway, a refurbished court with a logo and a celebration with food and drinks for the community. Ryan Kelley briefly spoke of the additional things that were in the works to be included with the project. The City Council received 3 public comments regarding this resolution. City Attorney Kit Williams spoke of how the proposal was not an advertisement, it was a mural with acknowledgment and recognition for who was responsible for doing it. Council Member Harvey spoke of her reasoning for why she considered the proposal an advertisement. She briefly spoke of parks in different cities that did not allow advertisements and her background in graphic design. She believed the City of Fayetteville needed to be cautious and thoughtful and questioned what the city would do if another brand came forward with the same request. She believed the City of Fayetteville could afford the $20,000.00 to refurbish the basketball court, without commercial influence. She would be against the proposal unless it was amended to not include the mural. Council Member Jones felt as though referring to the project as an advertisement could be a matter of opinion. He questioned if Mr. Williams could weigh in on the topic to make it clearer. City Attorney Kit Williams: I've already provided you my insight, it is a matter of opinion but this has a number of things that point in the direction of not being just an advertisement. There was a brief discussion of the parks in Fayetteville that had functional art and things that could be considered advertisement. City Attorney Kit Williams agreed with Council Member Harvey that the city needed to be careful and ensure the parks remained as advertisement free as possible. He reminded the council that the Mayor would have final approval over the design of the mural. Council Member Turk appreciated Council Member Harvey's perspective but would be in support of the proposal. She requested that after the vote was taken for the proposal, a policy be drafted for the city on how to address these opportunities in the future. Susan Norton, Chief of Staff stated that through the Parks Master Planning process, the city had talked about doing more naming opportunities and sponsorships. She spoke of how the current policy would be reviewed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 7 of 21 City Attorney Kit Williams briefly spoke of the name recognition policy the city had and how he felt the proposal complied with that policy. Council Member Berna briefly spoke of the budget for the event and how the company would be making a major contribution to the city. He believed the children in the community would be drawn to the park and stated he would be in support of the proposal. Council Member Moore appreciated Council Member Harvey for bringing forward a different perspective. She believed the city was becoming aspirational for other areas. She briefly spoke of the density in the City of Fayetteville and how the community looked to parks for greenspace and restoration. She would be in support of the proposal and believed we needed a clear policy that respected the natural beauty of the city's parks. Council Member Bunch moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the motion passed 7-1. Council Member Moore, Wiederkehr, Berna, Bunch, Turk, Hertzberg and Jones voted yes. Council Member Harvey voted no. Resolution 108-23 as recorded in the office of the City Clerk New Business: Subrecipient Agreement with Apple Seeds: A resolution to authorize Mayor Jordan to sign a subrecipient agreement with Apple Seeds, Inc. to provide funding for programs to address childhood food insecurity utilizing American Rescue Plan Act funds in the amount of $71,000.00, and to approve a budget adjustment. Council Member Wiederkehr briefly spoke of his reasoning for bringing the proposal forward. He stated the item had been in the top ten of staff s review for all of the American Rescue Plan Act fund applications. He was in full support of the program and organization. The City Council received 2 public comments regarding this resolution. Council Member Turk moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed unanimously. Resolution 109-23 as recorded in the office of the City Clerk Council Member Berna moved to suspend the rules to place item C.3 before item C.2. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 2023 Cops Hiring Program Matching Grant: A resolution approving an application for a 2023 Cops Hiring Program matching grant in the amount of $250,000.00 to fund two school resource officers for a period of four years with the $496,100.00 matching requirement split proportionally between the City and Fayetteville Public Schools. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 8 of 21 Mike Reynolds, Chief of Police spoke of the history behind the resolution that was passed in August of 2022 regarding school resource officers. He gave a brief description of the proposal and requested the council give their approval for the 2023 Cops Hiring Grant to be applied for. He received support letters from Senator Boseman, Senator Cotton, Congressman Womack and from the Fayetteville Public Schools. He stated that if the council approved him to apply for the grant and it was awarded, he would be back in front of the council later on to accept the grant funds. He briefly spoke of Dr. Duncan, Dr. Colbert, the Fayetteville Public Schools Administration and the School Board and acknowledged their support. There was brief discussion of how Council Member Moore pulled the item from the Consent Agenda so that it could have further conversation. Council Member Moore spoke briefly of her family and her history in attending task force meetings. She wanted to discuss possible solutions, like social workers, that could be a part of the proposal. She recognized the varying viewpoints in the City of Fayetteville concerning school resource officers. She would like to see the city be a part of the bigger solution on crisis response, de-escalation of stressors within families and suicide prevention. She briefly spoke of Fayetteville and the Learns Act. Council Member Jones requested that Chief Reynolds highlight how school resource officers reflected the best of community policing. He acknowledged there had been a lot of national research on the topic but requested that it be centered to Fayetteville. He spoke of how teachers and students were faced with ongoing violence daily. He believed the Fayetteville Police Department had been both intentional and deliberate as it related to ensuring they were doing what they could to interrupt the prison to pipeline theory. Mike Reynolds believed the combination of school resource officers, social services and councilors contributed to creating a safer environment for students and faculty. He stated the school resource officers were seen as teachers, mentors, informal councilors, friends and law enforcement officers. He shared a brief story on the impact that a school resource officer had on a student. He believed a comprehensible safety and security plan for the city and the Fayetteville Public School system was a functional approach that had been outlined in the Arkansas School Safety Commission study. He briefly spoke of his frustrations regarding stereotypes and how the presence of a school resource officer would reduce the number of casualties, eliminate a threat as quickly as possible and reduce the amount of response time to a situation. He believed Fayetteville had an amazing Police Department and culture and he requested it be judged on its own merits. He briefly described the training the officers received and their workload demands. Council Member Jones briefly spoke of the cities that took away their school resource officers and later decided to bring them back. He believed the council was open to hearing other approaches but needed to focus on the current proposal and not compromise the safety and welfare of the children, administrators and teachers in the City of Fayetteville. He thanked Chief Reynolds for what he and his officers do for the city. He briefly spoke of his conversations with families in the community and how they were not fearful of the officers, they were fearful of what would happen if the officers were not there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 9 of 21 There was brief discussion of how the topic would be brought up again at future council meetings. Chief Reynolds thanked Council Member Jones. He believed there had been a lot of conversation on the topic around the nation and spoke of the cities that were reinserting school resource officers. Council Member Turk: I understand that part of the Learns Act discusses school resource officers and if I understood the letter correctly, and you're the authority so I'm asking you, is this kind of a moot point? Is the school resource officer funding already within the Learns Act that is enacted within the State of Arkansas? City Attorney Kit Williams spoke of how the Learns Act was already in effect but the city had not been ordered to increase school resource officers. He stated the council had the discretion to apply for the additional funds. Council Member Turk questioned why City Attorney Kit Williams believed the council was not required to follow the Learns Act. City Attorney Kit Williams stated the part of the Learns Act he saw was directed toward the public schools. He stated there may have been other provisions in the act and that he had not studied each one. He would be surprised if the city was ordered to increase the number of school resource officers. He noted Justin Eichmann, with the Fayetteville Public School Board, was present and that he might be able to provide additional information. Council Member Berna was in support of the program. He spoke of how a resolution was approved in August of 2022 for a plan to be formulated for school resource officers and he was disappointed that it was being questioned. He briefly spoke of the violence in schools and did not understand why there was an ongoing debate over the proposal. Council Member Bunch believed that the council tried to listen to all sides of an issue. She stated that if someone on the council wanted to take an item off of the Consent Agenda then they had the right to do so. She briefly spoke of the amount of support she had received from citizens in regard to the proposal. She spoke of how the council voted on the plan in August of last year and were now trying to move forward with it. She briefly spoke of the Learns Act. City Attorney Kit Williams read Title Six of the Learns Act. He understood the section to be directions to the School District and believed it intended that we work with them to increase the number of school resource officers. He did not believe it was a direct order to the city. Council Member Bunch was comfortable with the proposal because the city would be collaborating with the school district and using trained police officers. She was willing to support the request and spoke of how the city's Police Department was always evolving and improving. Council Member Hertzberg clarified that the proposal was regarding how to pay for the school resource officers that the city would have. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 10 of 21 Council Member Moore questioned if Chief Reynolds could provide more information regarding the statistics of the program. Chief Reynolds received weekly reports from the School Resource Officer Sergeant on schools in the city and shared those reports with Mayor Jordan every Monday. He stated there had already been seven arrests made for this school year and spoke of how the city was seeing an uptick in arrests and student referrals. He stated there had been 158 encounters for this school year; 123 of those students were referred for discipline, 28 received a citation and seven were arrested. Council Member Moore questioned what the Police Department's thoughts about using gun safety, safe storage education and funding towards helping store guns in a safe location as deterrents towards violence were. Chief Reynolds spoke of Project Safe Neighborhood and how it provided law enforcement and gun safety education. He spoke of how the council approved a Cops Hiring Grant last year and that would allow him to have a community engagement group of officers that could focus on the issues that Council Member Moore brought up. Council Member Berna briefly spoke of Fayetteville Public Schools and how he believed it had a robust support network amongst mental health professionals. He clarified that the council was discussing funding school resource officers, not anything else at the moment. Chief Reynolds stated that was correct. He spoke of how Fayetteville Public Schools had chosen to partner with the Fayetteville Police Department and how he was proud of that partnership. Council Member Moore applauded the school district for seeking additional solutions and felt the city had a strong school system. She briefly spoke of social workers in schools. Council Member Turk moved to amend the rules of order and procedure to limit public comment to three minutes for the agenda item. Council Member Jones seconded the motion. Upon roll the motion passed 7-0. Council Member Moore, Berna, Bunch, Turk, Hertzberg, Harvey and Jones voted yes. Council Member Wiederkehr was absent for the vote. The City Council received 20 public comments regarding this resolution. Council Member Jones appreciated the information, energy and concern he received from the citizens of Fayetteville who engaged with him on the topic. Mayor Jordan stated his job and the Chief of Police's job was to keep the city safe. He would ensure the children in schools were protected, that there was support for the Fayetteville Public Schools and that everyone was taken care of. He stated the city would put an officer in every school to prevent to the best of his ability any wrongdoing. He was in support of the proposal. Council Member Hertzberg moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-1. Council Member Wiederkehr 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar,gov City Council Meeting Minutes May 02, 2023 Page 11 of 21 Berna, Bunch, Turk, Hertzberg, Harvey and Jones voted yes. Council Member Moore voted no. Resolution 110-23 as recorded in the office of the City Clerk Superior Chevrolet: A resolution to approve the purchase of nine Chevrolet Tahoe's from Superior Chevrolet in the total amount of $621,000.00 for use by school resource officers, to authorize a cost share agreement with Fayetteville Public Schools, and to approve a budget adjustment. Mike Reynolds, Chief of Police spoke of the agreement the City of Fayetteville had with the Superior Automotive Group for the supply of school resource officer vehicles. He stated there had been a change in the automotive group management and therefore we had to return the vehicles we were loaned. He spoke of how the proposal was brought forward to provide transportation for the school resource officers and spoke of why he believed purchasing and equipping the vehicles would be valuable to the community. He stated the item was presented to the Equipment Committee and the members unanimously voted to forward the proposal to the City Council. There was brief conversation of how the item was pulled from the Consent Agenda so the public would be aware of the proposal and the added expense of the program. Council Member Moore stated she was on the Equipment Committee and voted to move the proposal forward. She wanted the council to recognize it would be an investment the city would have to make on the vehicles. There was brief discussion of reducing the public comment to three minutes instead of five. The City Council received 1 public comment regarding this resolution. Council Member Hertzberg moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed unanimously. Resolution 111-23 as recorded in the office of the City Clerk Amend § 72 Parking Regulations: An ordinance to amend Chapter 72 Parking Regulations of the Fayetteville City Code to authorize the Mayor to establish and administer rules regulating parking fees in established parking zones, and to make technical revisions. City Attorney Kit Williams read the ordinance. Justin Clay, Parking Manager gave a brief description of the ordinance. He stated the request would give greater administrative authority and flexibility within the city's parking rate structure and permit programs. He spoke of how there would be an annual report provided to the City Council and other notification and outreach opportunities for changes to be made later on. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 12 of 21 explained how there would be an educational period before changes were enforced so that people could get used to the new regulations. He briefly spoke of the Wilson Park South Neighborhood Parking District and how the city was trying to model some of those same best practices throughout the rest of the parking system. Council Member Turk questioned if there had been many changes made to the Wilson Park Neighborhood Parking regulations and if so, what were they. Justin Clay stated the city did a utilization analysis to ensure it was maintained at the desired levels and spoke of how there were peak times reached but he never felt as though it warranted any change in the rates. The City Council received 2 public comments regarding this ordinance There was brief discussion during Public Comment about if there was accessible parking for people who were handicapped included in the ordinance. Justin Clay explained that the ordinance did not address accessible parking and that there were requirements in other sections of City Code. Council Member Turk believed the change was complex and would like for the citizens to be aware that the discussion was happening. She believed it had been overshadowed by other topics and would like to leave the item on the first reading for further discussion. Council Member Bunch would be in favor of leaving the item on the first reading as well This ordinance was left on the First Reading. Amend §151,161,166 Definitions, Zoning Regulations, Urban Design: An ordinance to amend Chapter 151 Definitions, Chapter 161 Zoning Regulations, and Chapter 166 Urban Design Standards of the Unified Development Code to provide consistent and clear language for two, three, four and Multi Family Dwellings. City Attorney Kit Williams read the ordinance. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance. She stated the Planning Commission considered the proposal in their January and February meetings and forwarded the text amendment to the council with the expectation that additional consideration would be needed regarding zoning requirements, use units, definitions and parking standards. She stated there had been no public comment received on the item. Council Member Turk questioned if multifamily would come in under each zoning district on whether it was allowed or not. Britin Bostick explained that the way the code was structured would remain the same. She stated the proposal would not be a policy change it would only be changing the definition. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 13 of 21 Council Member Turk thanked Britin Bostick. She wanted to clarify that it was already being administrated and the proposal was only cleaning up the text of code. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Bunch 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 Bunch 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 6658 as Recorded in the office of the City Clerk Amend § 151.01 and 163.12 Definitions: An ordinance to amend § 151.01 Definitions and enact § 163.12 Campgrounds of the Fayetteville Unified Development Code to establish regulations for campgrounds as a conditional use in the City of Fayetteville. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He spoke of a memo the City Attorney's Office issued in regard to the proposal. He spoke of what was before the council tonight and how it was to change public to city property and include some sort of deference for the existing parks ordinance. He spoke of the camping prohibitions in the City of FayetteviIle's parks ordinances and how the Parks Director could allow certain exceptions. He stated there would be a new Section C in the ordinance, if the council chose to amend the proposal to include it, which would allow the parks to continue operating as they had. Council Member Hertzberg thanked Jonathan Curth and the City Attorney's Office for their work on the proposal. She stated the majority of the Ordinance Review Committee believed there should continue to be a conditional use process for campgrounds and camping in order to ensure the health and safety of individuals on or around the properties. Council Member Moore spoke of the unsheltered population and how the city had done trail cleanup and displaced those individuals who were camping. She was concerned the city would not be giving property owners enough discretion over their own property. She hoped there would be further consideration on the proposal. Council Member Berna briefly spoke of the individual who had come forward and requested the council define a campground and remove the Conditional Use Permit requirement off of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar, gov City Council Meeting Minutes May 02, 2023 Page 14 of 21 Council Member Turk thanked the Ordinance Review Committee for their work on the proposal. Council Member Turk moved to amend the ordinance to add Section C and update the language to change public to city property. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Moore briefly spoke of HIP camping and questioned how the application of the potential ordinance would impact that. City Attorney Kit Williams stated they would have to get two conditional uses; one to allow a Short -Term Rental and one to allow camping at their house. The City Council received 11 public comments regarding this ordinance. During Public Comment it was questioned where an unsheltered individual might go if they were no longer allowed to camp in certain areas. There was brief conversation of the local properties that had applied for a Conditional Use Permit to allow camping. Council Member Jones spoke of his discussions with individuals in the area and how none of the individuals had any issue with living by unhoused individuals, they only had issues with the area being unclean. He briefly spoke of the proposal and how the purpose of the Conditional Use Permit was to keep everyone safe and the area clean. Council Member Berna spoke briefly of the proposal and of the unhoused population. He believed the council needed to look at the Conditional Use Permit and the definitions as guidelines to improve situations. He spoke of the neighbors and how the council needed to look at their concerns as well. Council Member Bunch asked for clarification on what the council agreed to amend concerning if someone wanted to set a tent up or let someone camp in their back yard. Jonathan Curth: If you're the occupant of the house, under what's in front of you, you may camp on the property. It does not currently allow, as written, somebody from offsite or a nonoccupant to come onto the property and camp. Council Member Bunch appreciated the effort that the Ordinance Review Committee put into the proposal. She believed the proposed ordinance was reasonable and that it would set forward what was expected in the future. She would be in support of the proposal. Council Member Moore acknowledged the neighbors that had come forward and spoke. She spoke briefly of the Ordinance Review Committee meeting and how she wanted to propose that the council have an additional amendment to the ordinance that would carve out personal type uses. Council Member Turk believed the council should pass the ordinance as it currently was to provide the opportunity for safe conditions. She briefly spoke of the retreat the council would have 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar c City Council Meeting Minutes May 02, 2023 Page 15 of 21 in June and wondered if the topic of housing would be appropriate to have at that retreat. She would be in support of what the Ordinance Review Committee proposed. Council Member Harvey thanked the Ordinance Review Committee for their work. She briefly spoke of her trip to Austin, Texas for a workshop that was educational in regard to housing solutions. She believed the council needed to approve the current proposal and then come back later on to have a larger discussion on the topic. Yolanda Fields, Community Resources Director/Equity Officer briefly spoke of the number of individuals and families that the City of Fayetteville had assisted with housing and wraparound services. She stated that for the past three years, the city had put in over $1,000,000.00 in providing the services to families. She spoke of how the city had the CDBG Program as well as a housing program that was used to maintain and repair the affordable housing stock the city had for individuals to prevent them from becoming homeless. She stated the City of Fayetteville would continue helping individuals for as long as the city could. Mayor Jordan spoke of the funds the City of Fayetteville had spent on services and assistance to the homeless community. He briefly spoke of a trail in Fayetteville and how the city had cleaned up 20,000 pounds of trash and debris. He spoke of the ordinances the city had for everyone's health and safety and that he would enforce them. He explained the places and programs that were available for the individuals experiencing homelessness. He believed the city was doing a lot to help individuals that were homeless and stated we would have to do even more. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Harvey and Jones voted yes. Council Member Moore voted no. 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 Berna seconded the motion. Upon roll call the motion passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Harvey and Jones voted yes. Council Member Moore voted no. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Member Wiederkehr, Berna, Bunch, Turk, Hertzberg, Harvey and Jones voted yes. Council Member Moore voted no. Ordinance 6659 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ar gov City Council Meeting Minutes May 02, 2023 Page 16 of 21 Appeal: LS13-2022=0041: Large Scale Development (N. Hwy 112/112 Aronson, 209): A resolution to grant the appeal of Council Member Sarah Bunch and deny a variance to Subsection (u) of § 168.10, Provisions for Flood Hazard Reduction, associated with Large Scale Development LSD-2022-041 for the Aronson on North Highway 112 in Ward 2. Before the body of the resolution was read, City Attorney Kit Williams, explained that the council would need to amend the resolution in order to add the body to the item. It was explained that somehow while this item went through the approval process, the body of the resolution was not added to the packet. Council Member Bunch moved to amend to add the body to the resolution. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Berna, Bunch, Turk, Hertzberg, Harvey, Jones voted yes. Council Member Wiederkehr was absent. Jonathan Curth, Development Services Director explained the location of the development and that the variance granted was being appealed under Chapter 168 of the Unified Development Code which covers the Flood Damage Prevention Code. Chris Brown, Public Works Director gave a description of the purpose of Chapter 168. He also provided a short presentation utilizing slides and explained the results of the developer's flood study. Ultimately the study showed that flows and velocities were reduced, however, the flood height did increase by 1.5 inches in one area. The variance requested by the developer was to address 1.5-inch depth increase that impacts the adjacent property. Chris finished his comments by explaining the permitting and approval process. There will need to be a detailed drainage review, grading review and building permit review that will have to occur administratively later in the process. Jonathan Curth gave an overview of all the steps the development had to go through in order to receive approval. This explanation verified that all development must go through certain steps and no project receives preferential treatment. Council Member Sarah Bunch gave her reasons why she supported the appeal being heard by council. David Nelms, appellant thanked the council for hearing the appeal. He explained his stance on the development and stated that the development should not be allowed to increase the flood amount. He shared examples of when there has been issues with the water from the storm water drains not being able to handle the flow to the point that the excess water ran over the road. He described the correspondence between the owners of the adjacent property and the developers regarding excess water flow. Steve Brooks, Developer Representative refuted the claims made by the owners of the adjacent properties. He also referenced that the developer that he represents could not wait on ARDOT to install improvements along Highway 112. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 17 of 21 Jason Apple, ESI explained his understanding of the future improvements that ARDOT had planned for the area. If ARDOT moved forward with the current plan, to add additional culverts, he felt that this would greatly reduce, if not eliminate, the potential for the area to flood. Council Member Turk: So, the magenta line that shown right here, which data set did you use to produce that line? Was that the old FEMA maps or those from the new data set? Did you also take into consideration the traffic circle or the new model that ARDOT's proposing? Did you take into consideration the impervious service that will be added due to all the construction? Do you have a shot of this area that's pulled out because it doesn't include some of the areas that Mr. Nelms pointed out that might be affected with more flooding? Jason Apple explained the requirement of having to complete their own study for the FEMA flood plain model using data given to them from staff. He verified that staff had given them the original FEMA map and had numerous meetings with staff due to the amount of impervious surface added. He also verified that the developers had been in contact with ARDOT and had also taken the roundabout into consideration when creating their model. He also explained that the reason they did not have a shot of the area Mr. Nelms mentioned was due to the analysis showed there were no other impacts. Alan Pugh, Flood Plain Manager: When we talk about these two different datasets, FEMA has what was called a regulatory model. That's what is on the books. That's what they've approved, and that is the 2008 model. So, when they did the 2020 update, which is the second map that you see, that's preliminary, they didn't actually revise the flood study in that area. What they did was call the re -delineation. They took the elevations that were in that 2008 model and projected them on more accurate contour data. So that is what is moving the extensive floodplain rather than that full blown restudy, if you will. So, when we talk about that, my concern as would not be a little bit confused there. There really is one dataset projected on two separate contour elevation. Council Member Bunch asked staff to explain how the 6 to 8 ft of additional area is calculated. She also wanted to know if the magenta and yellow lines on the map showed the area where additional encroachment of water could happen. Chris Brown: The additional flooded area, the horizontal movement of the flood line is related to that inch and a half increase in flood elevation. As it gets a little deeper it spreads out a little further. An inch and a half of water spreads out, but you are only looking at about an inch and a half of water on the surface of the parking lot. That is relatively shallow. Council Member Berna wanted to know if the developers could temporarily eliminate the issue. Chris Brown answered that there were solutions that could be considered but ultimately that needed to be a question directed toward the developers. Council Member Moore referenced the future ARDOT project and wanted to know, if upon completion, the drainage issues would be corrected. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 18 of 21 Chris Brown suggested that Council Member Moore's question be answered by the developer. Jason Apple: Yes, my calculations show that the flood elevation will be reduced by the new infrastructure that ARDOT is putting in. It will be reduced below the current flood elevation. Council Member Turk: How hard or difficult or timely would it be for you to re -run your model with the updated contour map that Alan talked about? Jason Apple explained that the developers had completed their own topographic study and that is why the data differed. He went on to explain that they were required to show more detail with the study they completed on the property they planned on developing. They collected the data as opposed to using the data on the FEMA map. Council Member Turk: Mr. Nelms, based on the email you hired FTN Associates to complete the study for you. Is that correct? Mr. Nelms answered the question and verified that FTN Associates has been hired to complete the study. He went on to explain he did not realize that when he filed his appeal that it would cause a stop work order to be issued to the developer. He went on to explain the correspondence between the developers and the adjacent property owners. Ultimately, Mr. Nelms felt that the information that was provided to them did not rectify or alleviate the concerns that he or the other owners had. Council Member Berna referenced the project of the developers and asked if they could be allowed to continue the project if a decision on the appeal was not made during the meeting. City Attorney Kit Williams explained his understanding and memory of the appeal section of the City's code. The purpose of the automatic stay freezes the project. The purpose of an automatic stay is to ensure neither side incurs more damage than it must before a decision is reached. Council Member Bunch wanted to know who all had reviewed the study that had already been completed. Jonathan Curth explained that the Engineering Department, Fire Marshall, Planning Department, and Forestry Department reviewed the study. Also, the Planning Commission reviewed the study and approved the development 7-2. Chris Brown explained that once the second study comes back the engineering staff will review the study and work with the developer to mitigate any issues found. Council Member Bunch re -iterated what Chris Brown had explained to insure she fully understood the steps the appellant had once the new study was completed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www_fayetteville-ar.gov City Council Meeting Minutes May 02, 2023 Page 19 of 21 Mr. Brooks, Developer was recognized to speak. He voiced his concerns regarding the stop work order staying in place while the new study was being completed. His primary concern being the fact that all the documentation had already been reviewed by the City of Fayetteville multiple times and ultimately approved by the Planning Commission. Chris Brown explained that when two studies are compared, the issue that would determine if there needed to be a correction is if it was found that an error on the drainage calculations was made in either study. At that point it would be a judgement call on engineering staff to review city requirements. The developers and appellants continued to go back and forth regarding the details of the study. Several individuals were called back and forth from the mics that were speaking out of turn from their seats. This ultimately led to Chris Brown, Public Works Director & City Engineer coming back to the podium to provide information on how floodplains are modeled. Chris Brown: The way the floodplains are modeled, there are cross -sections that are taken across the floodplain. There's a cross section taking right at Highway 112. There's another cross section taken just upstream of Highway 112, and then there's a cross section about 180 feet or so upstream from there. The computer model at those particular points, that's where it calculates what the floodplain elevation is. Then you connect the dots at those different cross -sections. So, from that cross-section, that's about 180 feet east of 112 all the way back to the east. The floodplain elevation is exactly the same in the existing model and that developed the future developed model. It's only that last little section from that cross section to Highway 112 where the floodplain elevation is increase in the development model versus the existing model. So, everything to the east of that point, the model is exactly the same. So, there is no additional increase, there is no higher floodplain elevation on the rest of the site all the way to the east. And it's just the way that a computer model calculates the elevations. Dave Anderson, Developer, apologized and thanked the council for listening to all the parties involved. He re -iterated what had already been said by the developers earlier in the evening. Council Member Berna moved to suspend the rules and go directly to the vote. Council Member Hertzberg seconded the motion. Upon roll call the motion failed 2-5. Council Member Turk, Harvey voted yes. Council Member Moore, Berna, Bunch, Hertzberg, Jones voted no. Council Member Wiederkehr was absent. Brief discussion took place to clarify the motion that had just been voted on. It was decided that the motion that was voted on, to go directly to the vote, could not be used to either approve or deny the appeal. Council Member Hertzberg moved to approve the Resolution. City Council Member Berna seconded the motion. Upon roll call the motion failed 2-5. Council Member Turk, Harvey voted yes. Council Member Moore, Berna, Bunch, Hertzberg, Jones voted no. Council Member Wiederkehr was absent. This resolution failed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 02, 2023 Page 20 of 21 RZN-2023-0008: Rezoning (W. of W. Geyser St/Henderson, 437): An ordinance to rezone that property described in Rezoning Petition RZN-2023-008 located west of West Geyser Street in Ward 4 for approximately 5.14 acres from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 units per acre and R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a description of the rezone (split rezone) request and where the property was located. He explained that staff did find the request to be compatible regarding land use but had mixed findings with the property. He reasoned that this is due to the property falling between newer dwellings in the east and older, larger lot, dwellings to the west. With these mixed findings, staff found that the rezone request did meet the requirements of the City's 20/40 goals with an infill score that varied between 2 to 4. Will Kellstrom, Representative for Applicant spoke and explained here was available to answer questions. Council Member Turk wanted to know if the street was going to be extended. Jonathan Curth explained that the development to the east will tie in. However, Clevenger will not. Council Member Turk requested information regarding a strip of land in the area. Jonathan Curth: if the extension of that development does not occur, this property will not have street right away. It will not be developable regardless of the zoning designation. It requires access to a public street for it to be developed. Council Member Turk voiced her concern regarding the lack of connectivity. Council Member Bunch explained that she understood Council Member Turk's comments. However, explained that she would be in support to approve the rezone and explained that not every infill project can be in downtown Fayetteville. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Moore, Berna, Bunch, Turk, Hertzberg, Harvey, Jones voted yes. Council Member Wiederkehr was absent. 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 Member Moore, Berna, Bunch, Turk, Hertzberg, Harvey, Jones voted yes. Council Member Wiederkehr was absent. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes May 02, 2023 Page 21 of 21 City Attorney Kit Williams read the ordinance. Council Member Turk questioned why the infill score was developed and why have tier centers if that infonnation was not going to be used when making decisions when rezoning properties. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Member Moore, Berna, Bunch, Hertzberg, Harvey, Jones voted yes. Council Member Turk voted no. Council Member Wiederkehr was absent. Ordinance 6660 as Recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: Dickson/Block Parking Study Presentation - Kimley Horn Sales Tax Report, Paul Becker and Energy Report, Peter Nierengarten City Council Tour: None ����tt►t o � r r�r����. Kara Paxton, City erk Treasurer �-YY Ali`-=r S ti �i[y1111 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov