Board of Directors

AGENDA SILOAM SPRINGS BOARD OF DIRECTORS SEPTEMBER 20, 2022 BOARD MEETING / 6:30 PM WORKSHOP / ILLINOIS RIVER WATER PARTNERSHIP / 6:00 PM Regular Board of Directors Meeting: Opening of Regularly Scheduled Meeting Call to Order Roll Call Prayer Pledge of Allegiance I. Public Input The public may address the Board of Directors regarding any item on the consent agenda or any city business NOT listed on the Board’s regular agenda. II. Consent Agenda A. Workshop Minutes / September 6, 2022 B. Regular Meeting Minutes / September 6, 2022 C. Dedication of Utility Easements / 100 Block of South Oak Hill St D. Granting Slope and Grading Easement / 1550 Cheri Whitlock Dr. III. Presentations: E. Curt Smith, Siloam Springs County Club Golf Course IV. Regularly Scheduled Items Ordinances Resolutions Staff Reports F. Discussion of the fireworks ordinance G. Offer from the Oklahoma Secretary of Energy and Environment Department to purchase Siloam Springs Water Resource Company Property in Oklahoma H. Administrator’s Report I. Directors Reports J. Adjournment  MINUTES OF THE WORKSHOP OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS HELD SEPTEMBER 6, 2022 The Siloam Springs Board of Directors held a workshop at 5:30 pm on September 6, 2022, in the boardroom at 400 N. Broadway, Siloam Springs, AR. The workshop presentation was on the Compensation Study conducted by JER HR Group. The Workshop was called to order by Mayor Nation. She turned the floor over to Christina Petriches who introduced Bruce Johanson, Managing Consultant for JER. Johanson explained the job-rating system; market pay comparison to cities in the corridor and companies in the area. Christina Petriches stated the numbers provided were figured into this year’s budget. Following comments and questions from the Board, including what the overall increases would be; the belief that this was a step in the right direction to obtaining and keeping qualified employees; information as to where Siloam compares with other cities in the area of benefits; a request for a copy of the report; and where the monies for the increases would come from; the workshop was adjourned at approximately 6:30 pm. APPROVED: ____________________________________ Judy Nation, Mayor ATTEST: __________________________________ Renea Ellis, City Clerk, CAMC/CMC {seal}  MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD SEPTEMBER 6, 2022 The City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building on September 6, 2022. The meeting was called to order by Mayor Judy Nation at 6:30 pm. Roll Call: Smiley, Hunt, Rissler, Sappington, Burns, Allen, Carroll – Present. City Representatives Present: Phillip Patterson, City Administrator; Renea Ellis, City Clerk; Chief Jeremey Criner, Fire Department; Chief Allan Gilbert, Police Department; Ben Rhoads, Sr. City Planner; Christina Petriches, Finance Director; and Jay Williams, City Attorney. Opening prayer. Director Carroll led the opening prayer. The mayor led the Pledge of Allegiance. The mayor asked if there were any comments from the audience regarding an item on the Consent agenda. No one came forward. Consent Agenda: A. Workshop Minutes / August 16, 2022 B. Regular Meeting Minutes / August 16, 2022 C. Memorandum of Understanding with Siloam Springs School District / School Resource Officers / $194,116.73 D. Resolution 53-22 / / Authorize the Rate of Property Tax / 2022 to be Collected in 2023 E. Dedication of Utility Easements / 123 and 111 South Oak Hill Street F. Grant Acceptance / Fire Department / Assistance to Firefighters Grant / Department of Homeland Security / $60,326.27 G. Budget Amendment / Community Dev. Dept. / Court Division / Bond Clerk Retirement / $20,481.00 A motion was made by Smiley and seconded by Carroll to approve the Consent Agenda. Nation asked for a roll call vote. Motion passed unanimously. Item H: Ordinance 22-21 / 3rd Reading / Amending Section 102-21 of the City Municipal Code / Rezoning from R-3 to R-2 / 2400 to 2600 Block of East Kenwood Street. Ben Rhoads briefed the item. A motion to place Ordinance 22-21 on its third reading, suspending the rules and reading title only, was made by Smiley and seconded by Allen. Motion passed unanimously. An ordinance entitled: An Ordinance Amending Section 102-21 of the Siloam Springs Municipal Code (City Zoning Map); Rezoning (from R-3 to R-2) Property Located at the 2400 to 2600 Block of East Kenwood Street; was read on its third reading. Board of Directors Meeting Minutes Page | 2 September 6, 2022 A motion to adopt Ordinance 22-21 was made by Smiley and seconded by Burns. Motion passed unanimously. Item I: Ordinance 22-23 / 3rd Reading / Amending City Code Chapter 98 / Establishing the Siloam Springs Utility Commission. Phillip Patterson briefed the item. A motion to place Ordinance 22-23 on its third reading, suspending the rules and reading title only, was made by Allen and seconded by Carroll. Motion passed unanimously. An ordinance entitled: An Ordinance Establishing the Siloam Springs Utility Commission; was read on its third reading. A motion to adopt Ordinance 22-23 was made by Allen seconded by Rissler. Motion passed unanimously. Item J: Resolution 54-22 / Intergovernmental Agreement with Benton County / State Funding of Public Safety Answering Point (911 Call Center). Patterson briefed the item. Following comments and questions from the Board, including how it will affect the contract the city currently has with the county for overflow calls; how the state made the decision as to who would remain a PSAP; the belief that we needed to have a PSAP within the city; and appreciation for the work of staff; a motion to approve Resolution 54-22 was made by Smiley and seconded by Allen. Motion passed unanimously. Item K: July Financials. Patterson pointed out that a copy of the financials had been provided, to address any questions to him or Christina Petriches, and that more in depth reports would be given quarterly. Item L: 2022 Community Survey. Patterson briefed the item. All directors were in favor of an outside provider conducting the survey, and the general preference was ETC. Item M: Administrator’s Report: Patterson reviewed the Administrator’s report attached hereto. The mayor stated it was her understanding there were no director reports and asked if there was a motion to adjourn. Sappington made the motion; Burns seconded. Meeting adjourned. Meeting adjourned. ATTEST: APPROVED: Renea Ellis, City Clerk, CAMC/CMC Judy Nation, Mayor {Seal}  CITY il OFSoam Sprmgs Administrator' s Report September 6, 2022 1. Expenditures: 43, 483. 00— Police Department/ 2022 Chevrolet Tahoe PPV Utility ( budget amendment approved 8/ 16/ 22) 30, 242. 78— Fuel Farm— 2000 gallons unleaded E10 gas ($ 5, 226. 14) and 6000 Off-Road Dye Diesel 25, 016. 64) 31, 144— Airport— 8, 000 gallons of Jet A Fuel Per Resolution 61- 21 90, 900. 00 - Electric - 60 25ft Tapered Alum Poles/ Inventory Est. delivery 12/ 2022) 95, 766. 00— Water- 264 5/ 8" x3/ 4" Cellular Water Meters/ Inventory Est. delivery 12/ 2022) 99, 729. 00— Electric- 7 225kva 208/ 120 3PH Pad Mount Transformers/ Inventory Est. delivery 6/ 2023) 87, 834. 00 - Electric - 6 300kva 108/ 120 3PH Pad Mount Transformers/ Inventory Est. delivery 6/ 2023) 95, 668. 00 - Electric - 4 500kva 108/ 120 3PH Pad Mount Transformers/ Inventory Est. delivery 6/ 2023) 57, 500. 00— Electric - 50 1PH Metal Wire Enclosures for Pole Mounted Transformers/ Inventory Est. delivery 11/ 2022) 95, 625. 00— Electric— 15 167kva 240/ 120 1PH Mount Transformers/ Inventory Est delivery 4/ 2023) 2. Sales Tax Receipts City Sales Tax August up 6. 5% YTD up 9. 5% County Sales Tax August up 1. 7% YTD up 3. 4% 3. Hispanic Heritage Festival— Saturday, September 17th from noon to 4: 00 PM at Memorial Park. The festival will consist of vendor booths, kids' activities, music, food trucks and a futsal tournament. This festival is related to the Board' s 2021- 2022 goal of broadening multi- cultural events. 4. Daddy Daughter Dance— this is scheduled to relaunch in February 2023  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Justin Bland, PE, City Engineer Ben Rhoads, AICP, Senior Planner Cc: Don Clark, Community Development Director DATE: September 9, 2022 RE: Dedication of Utility Easements / 100 Block of South Oak Hill St. Recommendation: Approve the dedication of utility easements at 100 Block of South Oak Hill St. Background: The applicants, Donald and Savannah Bunker, request a lot line consolidation permit. Following City policy, the proposed easements for dedication are presented to the Board for approval. The easements will primarily be used for City and franchise utilities per the dedication language shown on the attached plat. City staff has approved the plat subject to authorization from the Board to accept the easements as shown. Fiscal Impact: Staff is not aware of any fiscal impact associated with accepting the dedication of the shown utility easements. Attachments: Lot Consolidation Plat  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Don Clark, Community Development DATE: August 29, 2022 RE: Granting Slope and Grading Easement / 1550 Cheri Whitlock Dr. Recommendation: Approve the granting of the slope and grading easement to Sager Creek Community Church in the amount of $647.50. Background: The Sager Creek Community Church (SCCC) recently approached city staff regarding a building expansion project that is under design on their campus on Cheri Whitlock. This expansion would extend their building approximately 36’ to the west. Due to the topography of the area, they will need to either construct a retaining wall along their property line in this area or acquire a grading easement from the neighboring property owner to provide slopes that can be mowed. As it turned out, the City owns a strip of land adjacent to the west side of SCCC’s property, so they asked staff about the possibility of receiving a 20’x160’ grading easement from the city. The strip of land in question is approximately 60’ wide and stretches from Cheri Whitlock on the north to Lincoln St. on the south. Staff has researched this area and found that in the early 1970s the City owned this entire block including the property of the SCCC, the gas station and the Friendship Community Care clinic. Over time the City sold off these three parcels and purposely left a 60’ wide strip between them. It is likely this was intended for a future roadway, however with the completion of Heartland Dr. this was likely deemed unnecessary. Currently the City has no plans for this strip of land. It is too irregular for the construction of any building and staff does not see the need for another roadway connection in this corridor with Heartland Dr. being so close. Therefore, staff recommends granting the easement as requested. To determine a fair market value, staff reviewed the county assessment records. The county has determined the empty parcel next to the Dollar General on Cheri Whitlock to have a valuation of $17,500 per acre. Based on this, the 0.074 acres within the grading easement would be valued at $1,295.00. However, due to this being an easement and not an outright purchase of the land, staff recommends that 50% of this cost, or $647.50, would be a fair price. Fiscal Impact: Staff is not aware of any fiscal impact associated with accepting the dedication of the shown utility easements. Attachments: Easement document with vicinity map  SLOPE AND GRADING EASEMENT KNOW ALL MEN BY THESE PRESENTS: That The City of Siloam Springs, Arkansas, a Municipal Corporation, hereinafter called Grantor, for and in consideration of the total sum of six hundred forty seven dollars and fifty cents ($647.50), the receipt of which is hereby acknowledged, and other good and valuable consideration, do hereby, grant, bargain and sell and warrant unto to the Sager Creek Community Church (SBC), hereinafter called Grantee, and unto Grantee’s successors and assigns forever, the right of access and easement on, over, across, and under the following described real estate, as originally laid, to-wit: PROPERTY LEGAL DESCRIPTION: A Part of the North East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas being more specifically described as follows; Commencing at the North West Corner of the said North East Quarter of the South West Quarter of Section 32, Township 18 North, Range 33 West, Benton County, Arkansas; Thence South 03°08’36” East 40.00 feet to a point in the South Right of Way line of Cheri Whitlock Drive; Thence along the said South Right of Way line South 86°41’05” East 601.42 feet to the Point of Beginning; Thence continuing along said South Right of Way line South 86°41’05” East 59.28 feet to a point; Thence leaving said South Right of Way line South 02°42’54” West 616.73 feet to a point in the North Right of Way line of State Highway 264 as established by AHTD Job No. 9620; Thence along said North Right of Way line South 60°50’10” West to a point; Thence leaving said North Right of Way line North 03°09’31” East 657.40 feet to the Point of Beginning; containing 0.90 acres (39333.57 sq. ft.); more or less. EASEMENT LEGAL DESCRIPTION: Part of the NE/4 of the SW/4 of Section 32, T-18-N, R-33-W, Benton County, Arkansas, more particularly described as follows: Commencing at the NW Corner of the Said NE/4 of the SW/4 of Section 32, thence S03°08’36”W 40.00’ to the South right of way line of Cheri Whitlock Dr, thence along the South right of way line of Cheri Whitlock Dr S86°41’05”E 660.70’, thence departing the South right of way of Cheri Whitlock Dr along the West line of Tract Number 1 as shown on Plat Record Book 30 Page 104 S02°42’54”W 115.00’ to the Point of Beginning; Thence continuing along the West line of the Said Tract Number 1 S02°42’54”W 160.00’, thence departing the West line of the Said Tract Number 1 N87°17’06”W 20.00’, thence N02°42’54”E 160.00’, thence S87°17’06”E 20.00’ to the Point of Beginning, containing 0.074 acres (3,200 sq. ft.). TEMPORARY CONSTRUCTION EASEMENT: A temporary construction easement parallel with and adjacent to the permanent easement granted herein, said temporary easement shall be of sufficient width as is necessary for grading purposes. This temporary construction easement shall exclude any area occupied by permanent structures existing during the time of construction and, if possible, avoid permanent damage to existing trees and shrubs. This temporary construction easement shall terminate when this project has been completed, but no later than two (2) years from the date of execution hereof. Page 1 of 4 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, a permanent easement to grade and slope the easement area as required. This Grant of Easement includes the right to excavate, construct, maintain, and repair the grade and slope, and the right to remove tress, bushes, undergrowth and other obstructions interfering with the construction, maintenance, repair, and/or replacement of the graded and sloped area, with right of way of ingress and egress to and from the same for any of the aforesaid purposes. The Grantor agrees not to pave or to erect any buildings or structures in said easement. Fences shall not be erected in or upon the easement or which may impede drainage or access to easement. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, retaining all other property rights and obligations. The consideration first above recited as being paid to Grantor is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof this the day of , 2022. City of Siloam Springs By: _________________________ Mayor Judy Nation Page 2 of 4 STATE OF ARKANSAS ) ) SS. ACKNOWLEDGMENT COUNTY OF BENTON ) Now on this day of 2022, before me the undersigned Notary Public, in and for the county and state aforementioned, appeared,__________________________________ who acknowledged, himself/herself to be the _______________________________________ , City of Siloam Springs, and he/she being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing as its ________________________________________. WITNESS my hand and seal as such Notary Public this day of , 2022. Notary Public My Commission expires: {SEAL} Page 3 of 4 Vicinity Map Page 4 of 4  STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Jeremey Criner, Fire Chief DATE: 9/14/22 RE: Discussion of the fireworks ordinance ____________________________________________________________________________________ Background: On December 3, 2019, the Board of Directors unanimously approved Ordinance 19-26, authorizing the sale and use of fireworks within the city limits of Siloam Springs as codified in City Municipal Code Section 38-122: Use of fireworks. After the Independence Day holiday of this year, several Board members expressed concerns regarding the use of fireworks and requested a review of the current code. These comments included some negative aspects of allowing fireworks such as concerns regarding noise impact on people and pets, not abiding by the designated dates and timeframes, safety for citizens, and litter from fireworks. Some potential options for amending the ordinance include: - No change. Keep the current code in place. - Modifying or reducing the dates/times that fireworks are allowed to be used. - Repeal the entire ordinance and disallow fireworks within the city. The Fire Department historically responds to less than 10 fireworks related incidents annually. There has been no significant impact to this trend since the approval of fireworks within the city limits. The Police Department has similarly not seen an increase in the number of fireworks related incidents. In fact, they have seen a marked decrease in the number of calls for service related to fireworks since the passing of Ordinance 19-26. Fiscal Impact: The Fire Department receives a $500 permit fee for each fireworks stand within the city limits plus applicable sales tax collections related to the sale of those fireworks. In 2022, there were 5 permitted fireworks stands, up from 3 in 2021 and 2020. Reducing or eliminating the use of fireworks within the city limits may have a negative impact on the number of fireworks stands that are present as well as the related sales tax collections. Attachments: City Code Section 38-122: Use of fireworks Sec. 38-122. - Use of fireworks. (1) On the dates of July 1 through July 3 of each year, between the hours of 12:00 p.m. and 10:00 p.m., on the date of July 4 of each year, between the hours of 12:00 p.m. and 12:00 a.m., and on the dates of December 31 at 12:00 p.m. through January 1 at 1:00 a.m., the use of fireworks shall be permitted, with the exception of any aerial fireworks device attached to a stick commonly referred to as a "bottle rocket," or any other similar device, regardless of its name. (2) With the exception of fireworks used or exploded by the city for purposes of a public display, no fireworks shall be used or discharged on any city-owned property. (3) No fireworks shall be used or exploded on private property without the property owner's consent. (4) The city administrator or the fire chief may permit the use of fireworks on dates other than July 1 through July 4 for special or extraordinary events sponsored by governmental, educational, religious, civic, benevolent, or charitable organizations after all provisions of NFPA 1123 have been met, a permit has been obtained from the Siloam Springs Fire Department, and an approved fireworks display application has been obtained through the state fire marshal's office. If any such permits are issued, the displays must be supervised by a competent operator, who has been approved by the fire chief, and shall be of such a nature and must be located, discharged or fired so as not to be hazardous to property or endanger any person. No such display shall be allowed except between the hours of 12:00 p.m. and 12:00 a.m. Applications should be submitted at least ten days prior to the special event. It is the responsibility of applicant to demonstrate that the time and location of the display will not unreasonably annoy, disturb or otherwise harm occupants of adjacent properties or the general public. The fee for said permit shall be $25.00. (5) The fire chief or his designee shall be authorized to suspend the discharge of fireworks permitted under this section at any time if in his/her opinion, the suspension of the discharge of fireworks is necessary to maintain public safety. (6) In event that fireworks are prohibited due to hazardous conditions and no citizen can legally discharge consumer fireworks during the entire July 1 through July 4 normally permitted period, then the city administrator or fire chief shall be authorized to approve an alternate date for discharge and/or lawful public display. (7) Prohibited locations of use. Unless authorized by city-issued permit, no fireworks may be discharged within the boundaries of, or within 100 feet of any public park owned or maintained by the City of Siloam Springs or any city-owned property. No fireworks may be discharged within 1,000 feet of any hospital, nursing or assisted living facility, or any facility for the boarding and keeping of dogs. No fireworks may be discharged under, upon or within a motor vehicle, whether moving or not; no fireworks may be discharged within 300 feet of any gasoline station, gas, oil or  propane storage facility, or any other area or place which is highly flammable by nature; no fireworks may be discharged within 300 feet of any fireworks stand or any other area where storage or sales of fireworks is taking place. (8) Clean up. Any person, partnership, corporation, group or other entity discharging fireworks within the city shall be responsible for clean-up of the discharge site or other property that the fireworks land upon. Discharge of fireworks from a motor vehicle, whether by the driver or a passenger, and whether or not the vehicle is moving, is prohibited. (9) Transportation of fireworks: (a) It shall be unlawful for any person to knowingly transport fireworks in any vehicle upon any public highway, street or alley unless in the original sealed container or package which is unopened. (b) Subsection (a) of this section shall not apply if the fireworks are in the trunk or locked compartment, or any outside compartment which is inaccessible to the driver or any passenger while the vehicle is in motion. (10) The city, at its discretion, reserves the right to discharge fireworks for public display as it may deem appropriate. (Ord. No. 19-26, § 1, 12-3-2019)  STAFF REPORT TO: Mayor and Board of Directors FROM: Phillip Patterson, City Administrator DATE: September 13, 2022 RE: Offer from the Oklahoma Secretary of Energy and Environment Department to purchase Siloam Springs Water Resource Company Property in Oklahoma Recommendation: Provide staff with direction as to how the Board wishes to respond Background: At the April 19, 2022, Board meeting, staff briefed the Board on an offer from the Oklahoma Secretary of Energy and Environment to purchase, on behalf of the Grand River Dam Authority, approximately 339 acres of the 453 acres owned by the Siloam Springs Water Resource Company in Oklahoma for $375,000, or $1,106 per acre. Staff discussed the issue with the Board again at the July 5, 2022, Board meeting. Based on the comments received, staff noted that if the Board were to consider selling any of the SSWRC property the following issues would likely need to be addressed: 1. The price per acre should be a market rate price and not be reduced based on a conservation easement; 2. The Arkansas Department of Health should be consulted regarding the sale of any property within the ADH required buffer zone around the City’s water intake; 3. The Cherokee Nation should be asked if they have any interest in purchasing the property 4. The Oklahoma Secretary of Energy and Environment should be asked if there was interest in purchasing a lessor amount of acreage, and/or purchasing a conservation easement rather than fee title to the property. The subject property consists of four (4) separate parcels, which are referred to by the land sections: • Section 17, a parcel consisting of approximately 221.33 acres; • Section 19, a parcel consisting of approximately 28.00 acres; • Section 20, a parcel consisting of approximately 25.63 acres; and • Section 29, a parcel consisting of approximately 42.22 acres The attached maps (Attachment A) provide images for each parcel along with a metes and bounds legal description. Also attached is a map showing that all of the acreage is located within the 100-year floodplain. In May staff contacted ADH to determine the exact extent of the required buffer around the City’s water intake facility, and whether ADH would agree that the City could sale the buffer zone acreage to GRDA, subject to the same conveyance and use restrictions as were previously agreed to when SSWRC deeded land to GRDA for the WOKA Kayak Park Project. The required buffer zone is 300’ from the riverbank on both sides of the river for ¼ mile upstream from the intake facility and downstream to the old Lake Francis dam. ADH’s recommendation (Attachment B), in order of preference, was for the City, through the SSWRC, to: A. Retain ownership of all land contiguous to the water intake facility, which would include the 221 acres within Section 17. B. Retain ownership of land within the restricted buffer zone plus an additional 100’ to 200’ upstream of the intake facility in case of future expansion of the facility.  C. Retain ownership of the land associated with the intake facility along with additional land for any future expansion of the facility. Staff contacted the Cherokee Nation in July to request if they had interest in purchasing any of the SSWRC property. On August 25th staff received a response from Mr. Brian Hunt, Senior Real Estate Development Manager, indicating that the Cherokee Nation had no interest in acquiring any of the property (Attachment C). Also in July, staff sent the following questions to GRDA: 1. Would GRDA offer to purchase the 95.85 acres consisting of the acreage in Sections 19, 20, & 29 for the average price per acres of the 3 comps that were found adjacent to the land? 2. In addition to the above, would GRDA purchase a conservation easement from the City over the 221.33 acres in Section 17 for $75/acre/year for 20 or 30 years ($16,599.75/year), and be willing to manage the property by controlling access, etc., and with no improvements like a boat launch being permitted without prior approval of the City? 3. Lastly, assuming the City isn’t interested in selling any of the acres, would GRDA purchase a conservation easement over all 317.18 acres for $75/acre/year for 20 or 30 years ($23,788.50/year) and be willing to manage the property by controlling access, etc. and with no improvement being permitted without prior approval of the City. On September 1, 2022, staff received a revised offer from the Oklahoma Secretary of Energy and Environment offering to purchase the property for $2,250 per acre (Attachment D). This price per acre is close to the average sales price per acre of $2,446 based on three (3) comparative sales that staff was able to find, and which are depicted in Attachment E: • 42 acres (Parcel 10009648) sold in 2016 for $115,000 or $2,738/acre • 404 acres (Parcel 10009646) sold in 2019 for $950,000 or $2,351/acre • 259 acres (Parcel 10009636) sold in 2020 for $584,500 or $2,250/acre It should be noted that both the 42-acre parcel and the 404-acre parcel are not located within the 100-year floodplain. The 259-acre parcel is within the floodplain. Staff believes that the revised offer from the Oklahoma Secretary is close to, if not, a true market rate price. Based on all of the above information, staff believes the City, through the SSWRC, has the following options to consider: 1. Sell a total of 317.18 acres (221.33 acres in Section 17; 28 acres in Section 19; 25.63 acres in Section 20; and 42.22 acres in Section 21) for $2,250 per acre for a total of $713,655.00, subject to a conservation easement and a first right of refusal if GRDA were to ever propose to resell any or all of the property. 2. Sell a total of 95.85 acres (28 acres in Section 19; 25.63 acres in Section 20; and 42.22 acres in Section 21) for $2,250 per acre for a total of $215,662.50, subject to a conservation easement and a first right of refusal if GRDA were to ever propose to resell any or all of the property. 3. Reject the latest offer from the Oklahoma Secretary of Energy and Environment and continue to retain ownership of the 317.18 acres. Fiscal Impact: Staff is not aware of any negative fiscal impact with respect to selling a portion of the SSWRC property. Attachments: A. Maps of the SSWRC Property B. Letter from the AR Dept. of Health, dated June 16, 2022 C. Email from Mr. Brian Hunt, Cherokee Nation, date August 25, 2022 D. Letter from the Oklahoma Secretary of Energy and Environment, dated August 20, 2022 E. Comparative Land Sales Map Page 2 of 11 ATTACHMENT A Page 1 of 4 Page 3 of 11 ATTACHMENT A Page 2 of 4 Page 4 of 11 ATTACHMENT A Page 3 of 4 Page 5 of 11 ATTACHMENT A Page 4 of 4 Page 6 of 11 ATTCHMENT B Page 1 of 2 Page 7 of 11 ATTACHMENT B Page 2 of 2 Page 8 of 11  ATTACHMENT C Phillip Patterson Subject: FW: _EXTERNAL_RE: RE: Siloam Springs Water Resource Company Land in Oklahoma From: Brian Hunt <Brian.Hunt@cn‐bus.com> Sent: Thursday, August 25, 2022 9:40 AM To: Phillip Patterson <ppatterson@siloamsprings.com> Subject: _EXTERNAL_RE: RE: Siloam Springs Water Resource Company Land in Oklahoma Phillip, Thanks for reaching out and I have heard back from both the Tribal and Business units. At this time we have no interest in the property. Appreciate you reaching out. Brian Hunt, CCIM Senior Real Estate Development Manager Cherokee Nation Businesses, LLC 777 W. Cherokee St. | Catoosa, OK 74015 Brian.hunt@cn‐bus.com Cell: 918‐439‐6546 From: Phillip Patterson <ppatterson@siloamsprings.com> Sent: Friday, July 22, 2022 8:38 AM To: Brian Hunt <Brian.Hunt@cn‐bus.com> Subject: [EXTERNAL] RE: _EXTERNAL_RE: Siloam Springs Water Resource Company Land in Oklahoma Brian I just thought I’d check in with you and see if you had the chance to pass the information about the City’s land in Oklahoma along to the Tribal Nation Group? Thanks Phillip R. Patterson City Administrator 479-524-0597 400 N. Broadway St. / P.O. Box 80, Siloam Springs, AR 72761 http://secure- web.cisco.com/1VSAgElzkEtKhFI3XjFWNEIi_be7rsFpNqjiZGFyQrMl7iRnUBAvi_f5yMQeQ8xQEYHVrqH LwqTCj-9g5U9EuPjYwdt7UGOroDKsEvmXm8a3Y9lXLHLdTVbrSs4fumwEAalH- 5FSwR2xvN9VRo_uIDmIX5M2ByXhBUmbZea4M81z5Qxv0QAAlx1whhQkfBUTQQoDH9f7YGoLG_heFa 1 Page 9 of 11  ATTACHMENT D Page 10 of 11 ATTACHMENT E Page 11 of 11