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HomeMy WebLinkAbout2023-07-18 - Minutes -Vacant 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 July 18, 2023 City Council Meeting Minutes July 18, 2023 Page 1 of 16 Council Member Scott Berna 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 July 18, 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: 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: 2022 Audit Report - Chief Financial Officer Paul Becker, Chief Financial Officer gave a brief summary of the city's annual Comprehensive Financial Report. He stated the report on internal controls showed there were no material weaknesses found, no significant deficiencies found and no instances of noncompliance with grants. He explained how the report was posted on the city's website for review. Proposed Agenda Additions: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 2 of 16 Amend Resolution 126-21 - Purchase of Recycling Truck from Rush Truck Center: A resolution to amend Resolution 126-21 and authorize the purchase of an International Truck with Kann Recycling Body from Rush Truck Center of Lowell for the new total amount of $199,277.10. Council Member Wiederkehr moved to add the item to the agenda. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ross Jackson, Fleet Operations Superintendent gave a brief overview of the resolution. He stated there had been numerous price increases and a shortage of materials, which had caused a total price increase of $8,277.10 for the item. Council Member Berna explained how the vehicle had accrued roughly $55 a day in interest while the city was under a cyber security attack. He believed that if the item had not been walked onto the agenda it would have accrued additional costs due to interest. Council Member Moore moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Resolution 153-23 as recorded in the office of the City Clerk Consent: Approval of the July 6, 2023 City Council Meeting Minutes. APPROVED Evans Construction and Remodeling LLC (Service Contract): A resolution to approve a contract with Evans Construction, LLC in the amount of $43,245.00 for the Wilson Park Historic Stone Structure Roofing Project, and to approve a budget adjustment. Resolution 154-23 as recorded in the office of the City Clerk FPD Policies / 22.3 / 41.3.6 / 49.1.1 / 61.1.11 (Resolution): A resolution to approve Fayetteville, Police Department Policies 22.3 Secondary Employment, 41.3.6 Narcotic Overdose Intranasal Naloxone, 49.1.1 Peer to Peer Support Systems, and 61.1.11 DWI, DUI. Resolution 155-23 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 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 3 of 16 Unfinished Business: Raze and Removal of Structure at 3301 South Coach Road: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Kevin Roy Calhoun located at 3301 South Coach Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,500.00. For item history from December 6, 2022 through January 17, 2023, contact the Office of the City Clerk Treasurer. At the January 17, 2023 City Council Meeting, this item was tabled to the July 18, 2023 City Council Meeting. Billy Bryant, Senior Code Compliance Officer gave a brief description of the resolution. He stated Mr. Calhoun had informed staff that M&M Excavating had been hired to demolish the home. He stated M&M Excavating assured staff that a demo permit application would be in process by the end of the week and the home would be removed within three to six weeks. He explained how Mr. Calhoun was unable to attend the meeting and requested the item be tabled to August 1 st. Council Member Bunch moved to table the resolution to the August 1, 2023 City Council meeting. Council Member Moore seconded the motion. Upon roll call the motion passed 7- 0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. This resolution was tabled to the 0810112023 City Council meeting. Amend §51.136 Monthly Water Rates and §51.137 Monthly 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. For item history from June 21, 2022 through April 18, 2023 contact the Office of the City Clerk Treasurer. At the May 16, 2023 City Council Meeting, this item was left on the Second Reading and tabled to the July 18, 2023 City Council Meeting. Paul Becker, Chief Financial Officer requested the item be tabled to the August 15, 2023 City Council meeting so a public hearing and an amendment to the rates could be done. Council Member Bunch moved to table the ordinance to the August 15, 2023 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. This ordinance was tabled to the 0811512023 City Council meeting. Mental Health First Aid Certification (Resolution): A resolution to encourage the City of Fayetteville to partner with Arkansas Rural Health Partners and Blue Cross and Blue Shield of Arkansas to offer free Mental Health Certification for Mental Health First Aid to all city employees. At the June 20, 2023 City Council Meeting, this item was tabled to the July 18, 2023 City Council Meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 4 of 16 Council Member Jones spoke of his meeting with a representative from Arkansas Blue Cross Blue Shield and Arkansas Rural Partners Association. He had sent an amendment to the City Attorney after that meeting and questioned if it would need to be added now or later. City Attorney Kit Williams, "You should probably do it now so that everybody knows what we're discussing before any vote on the resolution itself." Council Member Jones read the amended resolution. He noted there was a representative present from the Arkansas Rural Health Partners Association via zoom. Council Member Hertzberg moved to amend the resolution to encourage the city to explore a partnership and remove the word "all". Council Member Moore seconded the motion. Mayor Jordan read the amended resolution. Council Member Jones recognized that there was a mental health crisis ongoing around the country. He clarified that the resolution would not enter Fayetteville into any contract, it would just encourage the city to explore a partnership. He had received an email from Missy Cole that explained how the city was looking into doing a partnership or training in the future. Council Member Bunch agreed with everything included in the resolution but was under the impression that individuals had the option to participate in the program already. Council Member Jones believed Human Resources was aware of the program but that nothing had been done with it so far. He addressed the City Clerk Treasurer, Kara Paxton, on what she had understood from the agenda session where the item had been discussed. Kara Paxton, City Clerk Treasurer summarized the previous agenda session by explaining that Mayor Jordan had questioned if the program was something the city was already doing. She stated that Missy Cole then answered that it was something the city had been working on. Missy Cole, Human Resources Director stated the city had sent a link for employees to sign up for community classes and explained how the city was in the process of working with Arkansas Blue Cross Blue Shield and the outreach program. There was brief discussion of how the council was still on the topic of the amendment to the title of the resolution. Council Member Hertzberg moved to amend the resolution to encourage the city to explore a partnership and remove the word `all'. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Council Member Jones had been unaware that the city had something in place already for the proposal. He wanted the citizens of Fayetteville to know he was concerned about their health and wellbeing and believed the training was a great opportunity. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 5 of 16 Council Member Moore appreciated Council Member Jones for bringing the request forward. She believed training and assistance was important. She described different programs and grants that could be helpful for individuals in the city. She would be in support of the resolution. Scott Gann, Mental Health First Aid Instructor with Arkansas Rural Health was present for any questions the council might have. He believed the training was important. Council Member Hertzberg asked what the cost would be for the city to provide the free training. Amanda Kuttenkuler, Vice President of Arkansas Rural Health Partnership briefly spoke of grants that could cover the cost of the training. She believed the city's Human Resource Department had already spoken with Blue Cross Blue Shield about providing the services. She briefly spoke of Mr. Gann and the groups of individuals the current grant would cover at no cost. She believed the city could work with the Arkansas Rural Health Partnership, Blue Cross and other grantees to find a way to make the program more affordable. Council Member Hertzberg questioned how many individuals could participate in the program with the current grant. Amanda Kuttenkuler was unsure of the amount that was left in the grant. There was brief discussion between Mayor Jordan, Missy Cole and Susan Norton on how the city was currently working with Blue Cross Blue Shield. Council Member Bunch, "What we're working on with Blue Cross Blue Shield, is that separate from this? Is it influenced by the fact that we have an account with them and possibly can get them to do something that is just for our employees or is it tied to this?" Missy Cole, "It's kind of all married. We are a big, fully insured plan with Blue Cross Blue Shield and for that reason they volunteered to bring it on site for us. The funding that we were talking through had to do with the grant money that's out through Arkansas Blue Cross Blue Shield and the Blue Cross Foundation. I believe it was about 200 slots that were left across the state. We were going to work within those cost constraints so we would get it for free if possible." Council Member Bunch asked how many management level positions in the city would be using the training. Missy Cole was unsure and explained how that would have to be figured out later. Council Member Berna believed that whether the resolution passed or failed had no bearing on what the city was already doing to bring forward the program and training. Missy Cole stated that was correct. She believed that mental health was important to everyone. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 6 of 16 Council Member Turk thanked Missy Cole and Council Member Jones. She believed the discussion had been productive and questioned if the city even needed the resolution due to the plans already being underway. Council Member Jones believed that it would be redundant to move forward with the resolution if the city was in the process of doing it as well. There was brief discussion between Council Member Jones and City Attorney Kit Williams on what needed to be done with the resolution. City Attorney Kit Williams stated the resolution could be voted on or there could be a vote to remove it. Council Member Wiederkehr wanted to table the resolution indefinitely rather than vote it down. Council Member Jones would support tabling the resolution indefinitely. He believed the item was important to both himself and the City of Fayetteville. Council Member Wiederkehr moved to table the resolution indefinitely. Council Member Turk seconded the motion. Upon roll call the motion passed 6-1. Council Member Hertzberg, Jones, Wiederkehr, Berna, Bunch and Turk voted yes. Council Member Moore voted no. Ward 1 Position 1 was vacant. This resolution was tabled indefinitely. Rezoning-2023-0014: (SE of Dead Horse Mountain Road and E. Goff Farm Road/Riverwood Homes, 606, 607, 645, 646): An ordinance to rezone that property described in Rezoning Petition RZN 2023-014 located southeast of Dead Horse Mountain Road and Goff Farm Road in Ward One for approximately 112.98 acres from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre subject to a Bill of Assurance to NC, Neighborhood Conservation; CS, Community Services; and R-A, Residential Agricultural. At the June 20, 2023 City Council Meeting, this item was left on the First Reading. At the July 6, 2023 City Council Meeting, this item was left on the Second Reading. City Attorney Kit Williams, "There is one issue tonight before we really get to it and that would be rather or not you all want to accept the Bill of Assurance, which they have to offer to the council, not just send to staff. You'd have to amend the ordinance to accept them if that's what you want to do and if you want to recognize the applicant to see if they want to offer something, then we can do that or else we can go to third and final reading and just amend at that point." Mayor Jordan, "Yes, we can do that but since we had this come in this afternoon kind of late when I got it, so I wanted to see if everybody had read the Bill of Assurance." Jonathan Curth, Development Services Director, "Mayor, if it is the council's preference to go to the third reading, I do have a presentation prepared with some updated items that I can close out with the contents of those Bills of Assurance." 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 7 of 16 Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Jonathan Curth had worked with the Police Department to gather the last five years' worth of documentation that showed five dates there had been either water on the roadway, flooding or a vehicle swept off the road in the area. He stated it was an occurrence of roughly once per year. Chris Brown, Public Works Director spoke of the documented drainage complaint issues the city had received from property owners. He presented a slideshow that gave an overview of the proposed development and the flow arrows. He believed the issues in the area would not be made any worse but would also not be helped by the proposal. He spoke of the following issues; water coming into the backyards of properties, pipe sizing to accommodate overflow and water entering houses. He wanted everyone to understand there were documented drainage issues in the vicinity and stated the development didn't have anything to do with the issues he had listed. Jonathan Curth spoke of the history behind the previous annexations and zoning decisions. He did not want the council to interpret the previous zoning decisions as justification for the proposal. He stated staff recommended denial of the request and the Planning Commission had forwarded it to council by a five to four vote. He noted the Bills of Assurance had not been in consideration at that time. He stated there had been a lot of public comment received in favor and against the request and there were concerns regarding the adequacy of infrastructure, roads, amenities, no sidewalks, open ditches, narrow lane widths and water and sewer. He stated those who were in support of the request felt it was compatible, added amenities, revitalized the golf course, had potential commercial uses, improved infrastructure issues and addressed the narrowness of the streets. He noted Robert Rhoades was available to speak on the item. Robert Rhoads, Applicant Representative with the Law Firm of Hall Estill officially presented the two Bills of Assurance to council for consideration. He stated Mark Marquess and Taylor Johnson would be presenting information as well. Mark Marquess, CEO of Riverwood Homes met with the golf course owner, Jorgensen Engineers and the neighbors regarding the flooding. He stated the owners of the golf course had agreed to give the easements necessary to get the drainage into the creek. He believed the proposal wouldn't create additional drainage or flooding problems and spoke of adding some retainage ponds that were larger to help. He spoke of affordable housing and how most of the properties available to develop were on the outlying areas of city limits. He believed the proposed area was one of the last places available to develop affordable housing and if they couldn't develop the property, they would potentially have to look at developing in smaller cities near Fayetteville. Taylor Johnson, General Manager at Stonebridge Meadows Golf Club believed there was a need for more dining and recreational activities to entertain individuals at the golf course in Fayetteville. He had been approached by various food truck and food vendor services in the area with requests 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 8 of 16 to set up near the golf course. He believed most people were in favor of the request. He acknowledged the concern regarding the road and the infrastructure. Robert Rhoads gave a brief description of the proposal, the amenities it could offer and what the city could get in return for granting the request. He believed the request would be good for the City of Fayetteville and requested the council approve the rezoning. Council Member Turk requested the slideshow be presented to show the directional flow of water in the area. She noted how the arrows on the slideshow were pointing to the left and questioned what was in that area and if it was part of the development. Chris Brown, "That is the golf course, there are a couple of pipes or drainage ways across the golf course. Jonathan, if you go to the pipe systems, you can see the orange and yellow are the pipe system and the dashed lines are the open channel drainage ways." Council Member Turk, "The dashed blue line is some kind of drainage there?" Chris Brown, "That's right. It's a small screen, a dry creek, ditch, whatever you want to call it." Council Member Turk, "This portion is already utilized as a golf course, it won't be developed, is that accurate?" Jonathan Curth stated that was correct. He explained the areas of the proposed development. Council Member Turk questioned what areas of the property were affected by the water drainage issues that had been explained earlier. Chris Brown stated the area was mainly at both pipe crossings on Cherry Hills. He explained how the pipes were designed for a ten-year storm and how there were some weaknesses in the system. Council Member Turk believed the only solution for that issue was to replace the pipe with a larger pipe. She questioned what other alternatives there were. Chris Brown stated the alternative solutions could be an overland route, like a swale or a ditch between the houses. He stated the solutions that had been identified did include larger pipes. There was brief discussion between Council Member Berna and Chris Brown regarding if the easement the golf course was providing would address the concerns of water drainage and if there could be a joint arrangement with the engineering group to do the projects at the same time. Chris Brown stated the easement would be beneficial to help with draining in the areas that had standing water issues. He believed the joint arrangement with an engineering group could potentially be done and stated the city had designs ready. Council Member Moore requested more clarification on the proposed Bill of Assurance that limited multifamily dwellings. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 9 of 16 Jonathan Curth, "With the way that's written and proposed, that would exclude any structures with five or more attached units. So, single family, duplexes, triplexes and quadplexes would still be allowed by right." Council Member Jones briefly spoke of affordable housing and the challenges in the area. He spoke of the concerns he had heard from neighbors in the area and how they believed that if the development continued it would worsen their current issues. He was concerned with staff not being in support of the request. The City Council received 17 public comments regarding this ordinance. Jonathan Curth, "Mayor, if I may make a quick point of clarification to one of Council Member Moore's questions earlier? I spoke incorrectly when I said two, three and four family houses would be allowed in that area. That's incorrect. There's a second clause in the Bill of Assurance that says it's limited to 50 single family residential lots specifically, so I apologize for that misinformation." Council Member Wiederkehr clarified that he had never said the nearby road only flooded once per year. He questioned who would pay for the infrastructure improvements. He believed the neighbors citing infrastructure deficiencies were accurate and stated the subdivisions currently there also created that deficiency. He believed future developers should not be expected to remedy the shortcomings of the incremental growth that had happened in the area from previous developments. He was uncomfortable with using the term affordable housing as it related to the development due to the cost of labor, materials and infrastructure changing as the years go by. He believed the developer was credible and the product they would build would benefit the community. He believed the request along with the Bills of Assurance should have been resolved at the Planning Commission level. He felt cautious and hesitant about the request due to the fear of a major price tag for the taxpayers of the City of Fayetteville for the infrastructure upgrades. Council Member Bunch spoke of the nearby towns that caused stress to the traffic, streets and water/sewer systems in Fayetteville. She was concerned with the request due to staff not supporting it and felt there were issues that needed worked through. Council Member Berna believed all the good pieces of property in Fayetteville had been developed and there would be challenges on every piece of property going forward. He respected staffs and the Planning Commissions decisions on the project. He briefly spoke of the infrastructure and sewer issues in the area. He was pleased to hear that some of the flooding issues could potentially be addressed with the development. He spoke of attainable housing being a problem in Fayetteville and how he commended the developer for trying to help with the situation. Council Member Moore asked for clarification on what the evaluation would be for public safety if the proposal passed and the road had to be closed for the development. Brad Hardin, Fire Chief, "You're asking specifically the number of access that would be required? Or are you asking what we do when it floods?" 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 10 of 16 Council Member Moore clarified she was asking how first responders and residents could get in and out of the area during the development phase when issues might arise. Chief Hardin explained that if there was going to be more than 30 units, there would need to be multiple entrances, exits, turnarounds and other requirements. He noted there was also an entrance to the area from Black Oak Road. Council Member Turk briefly explained the infrastructure needed, the lift stations that needed upgraded and the bridge that needed improvements. She was concerned with the issues and with staff not being in support of the proposal. She reminded the council the only item that was enforceable with the development were the Bills of Assurance. She would be leaning against supporting the rezoning. Council Member Hertzberg appreciated the comments about how the developers could work with city staff to address the flooding concerns and of the possibility of using the golf course easements. She briefly spoke of the Bills of Assurance that were offered and how it had impacted her decision into that of being in support of the request. Council Member Moore believed individuals were being pushed further outside of Fayetteville to achieve homeownership. She was concerned about the lack of infrastructure, regulations and zonings outside the city's borders. She requested the council consider amending the offered Bills of Assurance. City Attorney Kit Williams stated the City Council could not amend a Bill of Assurance because it was an offer made by the developer. He stated that if the landowner came back to council in the future, they could then amend the Bill of Assurance and it would be like another rezoning decision. There was brief discussion between Council Member Bunch and Jonathan Curth regarding a portion of the property that already included a Bill of Assurance the developer could build 134 homes on. Jonathan Curth stated the current lift station would still not accommodate the 134 units and explained how the less impact the development created; the less infrastructure the city could ask to be made. There was brief discussion between Council Member Bunch and Chris Brown regarding when the state might start work on infrastructure improvements along Highway 16 and the area of the proposal. Chris Brown believed it would not start until 2025. Council Member Berna addressed the traffic light that was present by the subdivision that many public comments had spoken about. He questioned if the state controlled the light or if there was anything the city could do to help. Chris Brown stated the city operated the traffic light at Stonebridge and that signal timings could be investigated to balance out the level of service. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 18, 2023 Page 11 of 16 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 4-3. Council Member Hertzberg, Moore, Berna and Bunch voted yes. Council Member Jones, Wiederkehr and Turk voted no. Ward 1 Position 1 was vacant. There was brief discussion between City Attorney Kit Williams and Mayor Jordan on if he would like to vote for the ordinance. Mayor Jordan stated he would not vote. Council Member Wiederkehr questioned how long the applicant would need to wait to reapply with a different application. Jonathan Curth, "Within one year of a denial rezoning, the same request cannot be made. If another request that's substantially different is made, it can be entertained by the Planning Commission and perhaps the council. This ordinance failed. New Business: ADEQ Issuance of Permits: A resolution to oppose the issuance of any ADEQ permit to Synagro or other company that would allow the release or land application of nutrient or phosphorus industrial waste or similar material within the Illinois River or Beaver Lake Watersheds. Council Member Turk gave a brief description of the resolution. She brought the item before council to send a message to the state to adopt more stringent regulations and to prevent companies from spreading industrial nutrient waste. Council Member Moore questioned how the permitting process would work and if the city would have to proactively send out letters when going through the process. Council Member Turk, "The way it usually works is the company applies for a permit, ADEQ may or may not have a public comment period, most of the time they do but you might miss it because they might publish it in the newspaper and most people don't know about it. Then they decide whether to approve or not. I don't think there's any implication for the city in that process." City Attorney Kit Williams explained how the Mayor could send a copy of the resolution to ADEQ once the city had established its position on trying to protect the watershed. There was brief discussion between Mayor Jordan and Council Member Turk regarding the city doing something similar when there was a hog farm on the Buffalo River. Council Member Wiederkehr spoke of the funds that Fayetteville had invested to clean and maintain the watershed that fed the White River. He looked at the resolution as a means of protecting the investment residents had been making for years now in the watershed. The City Council received 2 public comments regarding this resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 12 of 16 Council Member Hertzberg moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Resolution 156-23 as recorded in the office of the City Clerk Amend Code of Ordinances §33, Article X - Historic District Commission: An ordinance to amend Article X Historic District Commission in §33 Departments, Boards, Commissions, and authorities of the Fayetteville City Code. 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 only historic zoning protections in the City of Fayetteville were for the White Hangar at the Drake Field and that if anyone wanted to make a request to have the same or similar protections, the city did not have a path for them to go through the process. She explained how staff had reviewed ordinances and criteria in other cities to create a process for Fayetteville and briefly listed the three key opportunities; creating a path, creating an application process and creating an ordinance template. She stated staff and the Historic District Commission made the recommendation of 4-0-0 in favor of the ordinance. She had not received any public comment. There was brief discussion between Council Member Turk and Britin Bostick regarding a scenario of a house on a corner lot with a right-of-way that was not on both sides. Britin Bostick explained how that scenario would be calculated. There was brief discussion between City Attorney Kit Williams and Britin Bostick over the requirements of bay windows on a house that was part of the Historic Register. Mayor Jordan questioned how long it had taken Britin Bostick to work on the process. Britin Bostick had started working on the plan when she had joined the city and had most recently started working with the Historic District Commission at the beginning of 2023. Mayor Jordan stated this was something that had been talked about a lot and that Britin Bostick had done a great job. Council Member Moore appreciated that goals from the Master Plan had been incorporated. 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 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 13 of 16 There was brief discussion between City Attorney Kit Williams and Britin Bostick regarding a grammatical error in the ordinance. City Attorney Kit Williams believed that instead of listing HDC in the ordinance, it should be spelt out as Historic District Commission. Council Member Hertzberg moved to amend the ordinance to change HDC to Historic District Commission. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ordinance 6673 as Recorded in the office of the City Clerk. Rezoning-2023-0015: (1009 S. Happy Hollow Rd./Burleson-McClure, 565): An ordinance to rezone that property described in Rezoning Petition RZN 23-015 located at 1009 South Happy Hollow Road in Ward 1 for approximately 0.30 acres from RSF-4, Residential Single -Family, 4 units per acre to RMF-24, Residential Multi -Family, 24 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff found the request to be compatible with surrounding land uses. He briefly described the nearby properties. He stated that from a long-range planning standpoint, staff found the request to be complimentary and the property was listed as a city neighborhood area on the city's future land use map. He briefly spoke of the infill rating for the property and nearby amenities. He stated the request would reduce the tree canopy requirement for the property. He stated that staff recommended in favor of the request and the Planning Commission forwarded it to City Council unanimously. He stated there had been no public comment received on the item since the Planning Commission meeting. He noted Justin Kelly was present as the applicant. Justin Kelly, Realtor with Smith & Associates was present to represent the owners of the property. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 14 of 16 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 Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. City Attorney Kit Williams read the ordinance. Council Member Jones had not heard any comments on the item. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. Ordinance 6674 as Recorded in the office of the City Clerk 2024-2028 Capital Improvements Plan: A resolution to adopt the 2024-2028 Five -Year Capital Improvements Plan. Paul Becker, Chief Financial Officer gave a brief description of the resolution. He stated the plan totaled $262,246,000.00 and detailed how the city would maintain or improve infrastructure and replace or improve equipment. He briefly explained the expenditures that were included in the plan for water and sewer, vehicles and equipment, transportation, public safety and recreation and trails. He briefly spoke of the sales tax capital improvement fund and presented a slideshow that detailed how the money would be spent and where it would go. He stated the plan would be adjusted going forward based on current revenue estimates, administrations recommendations, input from the departments who received input from various committees and citizen input. Council Member Moore wanted to ensure going forward the council had visibility with saying yes to budgetary items. She briefly spoke of the council's retreat and wanted to make sure there was affordable housing and a good quality of life in Fayetteville. She spoke of the Capitol Improvements Plan handout regarding the Parks Operations section and noted that $150,000.00 was allocated towards removing trash around unsanctioned camps. She questioned if that money could be better spent in facilities or housing initiatives. Paul Becker briefly spoke of the trails that still needed to be cleaned in the area. He stated the monetary amount was requested by the department and could be amended. He stated if the council wished to amend it, they would need to state where the money would go and where it would come from. He questioned if Byron Humphry would like to give more clarification since it was his item. Byron Humphry, Parks Operations Director stated $150,000.00 had been for the cleanup of trash along the trail system and explained how he would also like to use some of the funds for creek cleanup. He stated staff planned to put the request out to try to get a contractor that could clean the streams but was unsure of the cost for that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 vwvw.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 15 of 16 Council Member Moore asked if there was an estimate of what the stream cleanup would be. Byron Humphry did not have an estimate due to the complexity of the cleanup. He stated it would be something that could be adjusted in future years and briefly spoke of the progress that had been completed for the cleanups. Council Member Turk spoke of her participation in the creek clean ups and explained how she could see the challenge in finding a contractor willing to clean the creek. She hoped the creek could be cleaned effectively and could understand why the cost to do so would start high. Council Member Berna would not be in favor of moving the parks line item. Council Member Moore believed that once the item was in the budget and appropriated, it didn't create the opportunity to have updates, see how much money was being spent or to create the opportunity for conversation on the item. There was brief discussion between Council Member Moore and Mayor Jordan on receiving updates on the creek and trail cleanup. Mayor Jordan did not have a problem giving council an update and would make sure they got a report on the pounds of trash and pictures. There was brief discussion between Council Member Bunch and Mayor Jordan regarding the cleanup that had happened nine months ago and how the amount of trash had reaccumulated to almost the same amount that had been there previously. Council Member Berna questioned if the Capital Improvements Plan would get hashed out more throughout the budget process. Paul Becker stated that was correct. He explained how this was a starting point for budget and then input would be gathered and adjustments could be made. Mayor Jordan, "If it gets to the point where we don't need as much money, Council Member Moore, then I won't spend it." Paul Becker, "I think we have to realistically look at this and from my perspective, for the next couple of years it's going to be there. I hope it gets better, all of us hope it gets better and if it is, we can reallocate the money at that point." Council Member Turk was glad the money had been budgeted because she viewed it as a commitment from the city to keep the streams and trails clean. Council Member Berna moved to approve the resolution. Council Member Wiederkehr seconded the motion. This motion was withdrawn. There was brief discussion between Council Member Turk and Council Member Bunch on holding the item for two weeks for more review. Council Member Berna withdrew his motion and Council Member Wiederkehr withdrew his second to the motion. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 18, 2023 Page 16 of 16 Council Member Moore questioned if the item could be first on Unfinished Business at the meeting it would be tabled to. Council Member Wiederkehr had read the Capital Improvements Plan and had been ready to move forward with the resolution. He appreciated staff for putting it together. Kara Paxton, City Clerk Treasurer explained that if the council had wanted the item to be at the beginning of Unfinished Business, they could include that in their motion. Council Member Turk moved to table the resolution to the August 1, 2023 City Council meeting and to place the resolution at the beginning of Unfinished Business. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Hertzberg, Jones, Moore, Wiederkehr, Berna, Bunch and Turk voted yes. Ward 1 Position 1 was vacant. This resolution was tabled to the 0810112023 City Council meeting. Announcements: City Attorney Kit Williams briefly spoke of the two ongoing legal cases the city was facing at the moment; the development approved on Zion Road, which he felt the city was in a strong position on, and the pet store case, which he hoped would come to an end without the city having to pay anything to Petland or their attorney. City Council Agenda Session Presentations: 5 Year Capital Plan Discussion - Paul Becker City Council Tour: None Adjournment: 9:11 p.m. eld J a , Mayor Kara Paxton, City 'lerk Treasurer yy: y 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov