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HomeMy WebLinkAbout2019-07-02 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting July 2, 2019 City Council Meeting Minutes July 2, 2019 Page 1 of 25 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 2, 2019 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 Gutierrez, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Absent: Council Member Sarah Marsh. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Peter Nierengarten, Environmental Director stated Mayor Jordan requested for him to attend the U.S Conference of Mayors meeting and the Climate Mayors Summit as his representative. He stated he accepted the Climate Leadership Award on behalf of Mayor Jordan. He spoke about the award categories. He stated the project that won the Climate Leadership Award was for the Wastewater Treatment Plant Solar Project. He spoke briefly about the project. He thanked Ozarks Electric Cooperative, Todays Power Inc., Jacobs Engineering, Arkansas Service Commission, and the Northwest Arkansas Land Trust as project partners; along with the U.S Conference of Mayors and Wal-Mart who was the sponsor for the prestigious award. He thanked City Council Members. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 2 of 25 He thanked Tim Nyander, Susan Norton, Blake Pennington, and Don Marr from the City of Fayetteville. Mayor Jordan thanked the U.S Conference of Mayors, Wal-Mart, Ozarks Electric Cooperative, Todays Power Inc., Peter Nierengarten, City Attorney's Office, and everyone that worked on the project. He thanked the City Council Members for thinking forward and progressive. He stated it is important for the future. He stated he has the finest staff and City Council that any Mayor could have in the United States. A14enda Additions: Jack Tyler Engineering, Inc. Submersible Pump: An ordinance to waive competitive bidding and accept a quote in the amount of $33,190.40 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the repair of a submersible pump for the Farmington Lift Station. Council Member Smith moved to add Jack Tyler Engineering, Inc. Submersible Pump to the agenda. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewers Operation Manager gave a brief description of the ordinance. Don Marr, Chief of Staff thanked Council Member Kinion who serves as the Chair of the Water, Sewer & Solid Waste Committee. He stated they reviewed with him about walking the item on to get things going and not cost the city more money. He spoke about the contractual obligations the city must meet. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar goy City Council Meeting Minutes July 2, 2019 Page 3 of 25 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Ordinance 6200 as Recorded in the office of the City Clerk Amend §31.45(C) Duties of the Fayetteville City Code: An ordinance to amend §31.45(C) Duties of the Fayetteville City Code to affirm that the City Prosecutor has the traditional inherent power to exercise discretion to dismiss most misdemeanor criminal cases. Council Member Scroggin moved to add Amend §31.45(C) Duties of the Fayetteville City Code to the agenda. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion gave a brief description of the ordinance. City Attorney Kit Williams stated he appreciated Council Member Kinion for bringing the item forward. He stated they can't unilaterally dismiss any type of case, because there is a law that says they must enforce. He stated they could encourage the City Prosecutor to use his traditional discretionary power to look at various cases, such as a small amount of marijuana for adults in private and not for delivery to anybody else. He stated the City Prosecutor would look at many things, such as criminal history and anything that would indicate to him that a case should be dismissed or not. He stated after looking at code, it said that you are supposed to prosecute all cases. He thinks that was an overstatement of what City Council wanted. He stated he wanted to present this to them and see if Council would be willing to state on the record they recognize the City Prosecutor's inherit authority to dismiss cases where appropriate, especially if it's in relation to the ordinance that was passed by the citizens to make prosecution of low level misdemeanor marijuana cases the lowest prosecution priority. He believes this is the most they could do to try to fulfill what the citizens asked them to do when they passed that ordinance. He stated prosecution of these cases have been low priority for decades, even before the ordinance was passed, but this could help to make it an even lower priority. Council Member Petty: When does an event become a case? City Attorney Kit Williams: The City Prosecutor usually receives low level misdemeanor marijuana possession case as a citation. Several years ago, police got the right to be able to write citations from our local Municipal Judge, rather than arrest someone. A citation is like a speeding ticket which begins the case and then it goes on from there. The City Prosecutor has never asked for jail time and fines are lower, but this will encourage the City Prosecutor to be able to dismiss the case. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 4 of 25 Council Member Petty stated this is an important action to take and hopes they take a stronger action than what is written. He stated this affirms that the fundamental problem of having too many arrest, citations will persist, even if this ordinance is passed. He hopes this is the beginning of a set of solutions and not a final action. He requested to know why the City Attorney wrote the ordinance different than what state law says. He stated the state law misdemeanor is four ounces or less and the city's ordinance is written as one ounce or less. City Attorney Kit Williams stated he was not going to be dictating to the City Prosecutor anything because he cannot do that. He stated if he attempted to say to the City Prosecutor to dismiss all the cases under one ounce, then that would be in violation of state law. He spoke briefly about state law. He believes the proposed ordinance is the farthest they can go from a legal point of view. He stated they could amend the ordinance to make it a larger amount, but doesn't think it will change what the City Prosecutor does. He stated not being over one ounce is more likely to be personal use and not for any other prohibitive use. Council Member Petty stated he doesn't pretend to determine prior to any investigation or argument in front of a judge, what any possession would be intended for. He stated state law is written with a difference between possession and intent to distribute, regardless of the amount that is possessed. He stated he is in favor of rewriting the ordinance to mirror state law. Council Member Scroggin stated he also hopes they can go further, but wants to make sure it doesn't get struck down immediately and then have to go back to the drawing board. He stated he is in favor of the ordinance. Council Member Kinion: Were you amending to change the amount? Council Member Petty read the section of the ordinance that talks about less than one ounce of marijuana for personal use. He stated he would suggest for the ordinance to say, appropriate cases of misdemeanor possession of marijuana for personal use. Council Member Kinion: Are you saying four ounces? Council Member Petty: I don't think we should say an amount. We should just say misdemeanor possession. Council Member Kinion: As of today, it would be four ounces. Council Member Petty: Correct, but state law doesn't make a distinction if it is intended for distribution. Council Member Smith: Does the citizen passed ordinance specify an amount? City Attorney Kit Williams: It does not. Council Member Smith: If that were different from state, I'd prefer it to mirror our citizen ordinance, but if that's not in there, then state law is appropriate. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 5 of 25 Council Member Gutierrez: If we change it to what Council Member Petty has proposed, do you feel comfortable with that or do you want to put the ounce in there? City Attorney Kit Williams: It is up to the City Council on that. The City Prosecutor is going to be looking at every case. If he finds cases with significantly more than one ounce, it's much less likely that case would be dismissed, but there could be factors that would indicate it should still be. If you want the misdemeanor possession of marijuana language instead of having any ounce mentioned, then that would be fine. Mayor Jordan: Basically, you are wanting to amend it to line up with state law? Council Member Petty: That is correct. Wes Doss, Attorney spoke in favor of the proposed amendment and ordinance. Lorraine O'Neal, 2070 Spinel Link stated she understands the content of the ordinance, but is concerned the people of Arkansas had established the laws that we govern ourselves by and to give too much power into the hands of one entity is inappropriate. She requested for the ordinance to be tabled to give citizens more time to review the ordinance. Clint Schnekloth, 3205 East Charing Cross stated he wants to see the City Council as directive as possible to stop prosecuting all misdemeanor cases that come up that are about possession. Ed Shimberg, 2070 Spinel Link stated people from every walk of life and economics get arrested for drugs. He's concerned this would not be unfairly applied to just certain groups of people. He stated some people may have more money and means to pay fines, but are arrested with an ounce or less and he's concerned they won't get the same consideration as a poor person. Peter Tennessean, Ward 3 spoke about the more affluent and wealthy people who use marijuana. He stated marijuana is a stepping stone drug. He stated the Police and Prosecutor should have some latitude because they may use it to gain leverage on the way up to a bigger case that may have nothing to do with drugs. He stated marijuana is a danger to a developing mind of a teenager. He does not want to send a message to the Prosecutor that they don't want this addressed in Fayetteville. Stephen Coger, Arkansas Justice Collective Citizen stated he wants Council to encourage City Attorney Kit Williams to write the ordinance to be written that all misdemeanor possession charges be dropped. He stated a disproportionate number of people that are criminalized for the use of marijuana are black people, brown people and LGBT people. He spoke about the 2018 Police Department arrest. City Attorney Kit Williams read the state statute, Removal of Elective or Appointed Officers. It says, If the Mayor, member of the City Council, or any other elective officer of'any city of the first class or second class or incorporated town in this state shall willfully and knowingly fail, refuse, or neglect to execute, or cause to be executed, any of'the laws or ordinances within their jurisdiction, they shall be deemed guilty of nonfeasance in office. It shall be the duty of the circuit 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 6 of 25 court of any county within which any officer may be commissioned and acting, upon indictment charging any such of with nonfeasance in office, to hear and determine the charges. If upon hearing, the charges are proved to be true, the court shall enter a judgment of record removing the guilty officer.from office. I do not recommend you attempt to force me or the City Prosecutor not to prosecute any marijuana charges. I will not do that. You can order me to do that and I will disobey your order. All of you would be attempting to not allow the execution of the laws by our Police Department and by the City Prosecutor's office. What I've presented to you in encouraging the City Prosecutor to use his discretion is as far as we can go under the law, which we all have taken the oath to follow. Council Member Scroggin: Does the amendment proposed by Council Member Petty violate that? City Attorney Kit Williams: That amendment is fine. You are acknowledging the City Prosecutor's discretion to dismiss cases where appropriate. You are not directing the City Prosecutor not to obey or enforce the law. That's as far as the City Council can legally go. Council Member Petty moved to amend Section 1 to add, appropriate cases of misdemeanor possession of marijuana. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Council Member Petty stated his intent was not to acknowledge or reinforce any kind of predisposition that a possession of any misdemeanor amount is intended for distribution or for other purposes other than a simple possession. He stated he would insist the evidence in the case be relied upon to make the determination. He stated lowest law enforcement priority rest on the use of the superlative. He spoke about scenarios of lowest law enforcement priorities. He stated the lowest priority should have the strongest possible interpretation still within the law, but that has not been the case. He stated the ordinance of 2008 has been a failure. He stated there has been more than a 200% increase in marijuana arrest since 2008 when the ordinance was passed and the population has not doubled. He stated about a third of the arrests are people in the African American community and they make up less than 7% of people who live in Fayetteville. He hopes Council sees this ordinance as a first step to many. A discussion followed about leaving the item on the first reading. Lorraine O'Neal, 2070 Spinel Link stated she agrees about leaving it on the first reading. She believes there are more arrests being made because of more abuse being done. She stated it doesn't mean arrest are up because people are being more observant of the law, it means they are being more disrespectful of the law. Angela Belford, Ward 4 spoke about homelessness and trauma issues. She stated the ordinance could raise awareness for the judicial community and the entire community. She stated if you look at the national statistics and international statistics on the criminalization of drugs, it's not working. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 7 of 25 Consent: Steve Landers: A resolution to approve the purchase of a Dodge Ram 1500 Quad Cab 4X4 truck from Steve Landers of Siloam Springs in the total amount of $22,993.00, pursuant to a state procurement contract, for use by the Utilities Department. Resolution 149-19 as recorded in the office of the City Clerk Freedom Powersports: A resolution to authorize the purchase of a Kawasaki Mule from Freedom Powersports of Fayetteville in the amount of $10,836.90for use by the Airport and to approve a budget adjustment. Resolution 150-19 as recorded in the office of the City Clerk Cintas Corporation No. 2: A resolution to authorize a contract with Cintas Corporation No. 2, pursuant to an Omnia Partners cooperative purchasing agreement for the rental and purchase of uniforms, mats, mops and other items through October 31, 2023, with two additional two year renewal options. Resolution 151-19 as recorded in the office of the City Clerk CEI Engineering Associates Inc.: A resolution to authorize a professional engineering services agreement with CEI Engineering Associates, Inc., pursuant to selection #23 of RFQ 19-01, in an amount of up to $135,000.00 for design and construction administration services associated with the Phase 1 Development of Centennial Park at Millsap Mountain, and to approve a budget adjustment. Resolution 152-19 as recorded in the office of the City Clerk Black Hills Energy: A resolution to approve a Limited Service agreement with Black Hills Energy in the amount of $10,948.00 plus applicable taxes to install a natural gas meter and bypass valve for the thermal drying unit at the Biosolids Management Site, and to approve a budget adjustment. Resolution 153-19 as recorded in the office of the City Clerk Hach Company: A resolution to approve the purchase of 3 automatic sampler units from Hach Company for the West Side Wastewater Treatment Facility in the amount of $17,783.54 plus applicable taxes, and to approve a budget adjustment. Resolution 154-19 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. Amendment No. 2: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $38.420.00 for construction management and observation services associated with the Goshen Water Tank Rehabilitation Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 8 of 25 Resolution 155-19 as recorded in the office of the City Clerk BID 919-18 Leher Enterprises, Inc.: A resolution to award Bid #19-18 and authorize a construction contract with Leher Enterprises, Inc. in the amount of $238,777.00 for the Goshen Water Storage Tank Improvements Project, to approve a project contingency in the amount of $23,877.00, and to approve a budget adjustment. Resolution 156-19 as recorded in the office of the City Clerk Ozarks Electric Cooperative Corporation Change Order No. 1: A resolution to approve Change Order No. 1 to the contract with Ozarks Electric Cooperative Corporation in the amount of $156,128.00 for additional electrical make ready infrastructure costs associated with the solar projects at the two Fayetteville Wastewater Treatment Facilities, and to approve a budget adjustment. Resolution 157-19 as recorded in the office of the City Clerk Watchguard, Inc.: A resolution to approve a five year software as a service subscription agreement with Watchguard, Inc. for the purchase and implementation of Mobile Video Recorder System replacement for the Fayetteville Police Department in the amount of $409,433.00 for the first year and $18,983.75 per year in years two through five, pursuant to a National Association of State Procurement Officers cooperative purchasing contract, and to approve a budget adjustment. Resolution 158-19 as recorded in the office of the City Clerk BID #19-30 81 Construction Group, Inc.: A resolution to award Bid #19-30 and authorize a contract with 81 Construction Group, Inc. in the amount of $167,009.24 for construction of parking and sidewalk improvements at Gregory Park, and to approve a project contingency in the amount of $16,700.00. Resolution 159-19 as recorded in the office of the City Clerk Benson Mountain Water Tank Land Swap: A resolution to approve the purchase of 0.72 acres from Dustin and Ryan Davis in exchange for the conveyance of 0.06 acres of city -owned land and payment in the amount of $25,000.00 plus the city's share of closing costs, payment in the estimated amount of $10,338.00 for water meters, impact fees, and the relocation of utility poles to facilitate the removal and reconstruction of the Benson Water Storage Standpipe, and to approve a project contingency in the amount of $2,000.00. Resolution 160-19 as recorded in the office of the City Clerk City of West Fork Utility Easements: A resolution to authorize the conveyance of utility easements to the City of West Fork for the installation of sewer lines required for the treatment of West Fork sewerage at the Noland Wastewater Treatment Facility. Resolution 161-19 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 July 2, 2019 Page 9 of 25 Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Petty, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Scroggin abstained. Council Member Marsh was absent. Unfinished Business: Food Recycling Solutions, LLC: A resolution to approve an agreement with Food Recycling Solutions, LLC for the hauling of organic compostables and recyclable material in the City of Fayetteville. At the June 18, 2019 City Council meeting this item was tabled to the July 2, 2019 City Council meeting. Peter Nierengarten, Environmental Director stated there was an amended version of the contract presented at Agenda Session. He asked City Attorney Williams if it should be amended? City Attorney Kit Williams stated yes, they could. Peter Nierengarten gave a brief description of the amendment and resolution. City Attorney Kit Williams: You need to amend the resolution to remove, and recyclable material from the title and Section 1. Wes Doss, Attorney Representation for Waste Reduction Resources, LLC, which Louise Mann is the manager. He stated several cities around the U.S. have been caught landfilling some or all their recycling and that's the real concern of Waste Reduction Resources. He spoke about lack of transparency in single stream recycling. He spoke about requesting an additional change to the contract to say: The representatives of the city and /or its citizens shall have the right to arrive unannounced and observe the unloading or loading of composting materials in related operations. He stated he would like a transparency ordinance passed to facilitate situations such as these. Peter Tonnessen, Ward 3: Does this allow single stream recycling? City Attorney Kit Williams: This is composting only. Not even recycling, much less single stream recycling. Council Member Turk: On our packet, we have the revised contract? Peter Nierengarten: Yes. Council Member Smith moved to amend to remove, and recyclable material from the title and Section 1 and to use the amended contract as the exhibit. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-6323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 10 of 25 Council Member Smith moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Resolution 146-19 as recorded in the office of the City Clerk Amend Chapter 33 Departments, Boards, Commissions, And Authorities: An ordinance to amend Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code to expand opportunities for Fayetteville residents to serve on city boards, commissions, and committees. At the June 18, 2019 City Council Meeting this ordinance was left on the second reading. City Attorney Kit Williams: There has been a proposed amendment and we should do that first. Blake Pennington, Assistant City Attorney gave a brief description of the ordinance. He spoke briefly about the Sanctuary Cities Law passed by the state legislature earlier in the year. He stated his recommendation is to change Section A in 33.329 to be amended to read, All Fayetteville residents who are legally authorized to live or work in the United States shall be entitled to apply. City Attorney Kit Williams stated he agrees with Mr. Pennington. He stated there's a real problem with the state law and it's probably a violation of due process because it gives the Attorney General unfettered discretion, just to determine that somehow, we are the sanctuary city or have a policy in favor of that. He stated if the Attorney General did something like that, the city would lose the right to apply for any grant during that period and the only option state law gives is to go to Pulaski County Circuit Court and try to get it reversed. He spoke about the reversal process and the many months it could take. He spoke about grants. He stated the proposed amendment is a good one that will hopefully prevent any problems with the Attorney General and protect the citizens of Fayetteville. Council Member Scroggin: When is the next time the Nominating Committee is meeting? Council Member Turk: In September. Council Member Scroggin: If we don't get this through today, it wouldn't hold anything back, would it? Council Member Smith: The City Clerk Office has to publish their notifications and have the application updated. That will go out at the end of July. While it wouldn't need to necessarily take effect until the Nominating Committee was meeting, the Clerk's Office would need to know what the outcome was going to be so they can get the paperwork in order. Council Member Scroggin: If we vote on this in two weeks, would this be able to take effect if we held it? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 1 I of 25 Council Member Smith: The reason we walked it on at the last meeting was to get it in. We are on the third reading tonight, but if we voted on it next week, we would still be able to have everything done in time for the next cycle. Council Member Scroggin: This change to 33.329 Section A, how long have the people in this room been able to see that change? Council Member Smith stated they talked about it at the Agenda Session last week. He thanked the City Attorney's office for their work on the ordinance. He stated the risk to city funding was never an intended feature of the original presentation. Leslie Martinez, 3310 Barite spoke in favor of the proposed amended ordinance. Peter Tonnessen, Ward 3 spoke in opposition of the proposed amended ordinance. Ed Shimberg, 2070 Spinel Link spoke in opposition of the proposed amended ordinance. Lorraine O'Neal, 2070 Spinel Link spoke in opposition of the proposed amended ordinance. Eric Ladue, 1665 Radisson Drive spoke in favor of the proposed amended ordinance. Anna, U of A Graduate spoke in favor of the proposed amended ordinance. Rosa Velazquez, 10 Fairmont Drive in Little Rock stated she is the Advocacy Director for Arkansas United & Immigrants Organization. She spoke in favor of the proposed amended ordinance. Council Member Smith moved to amend Section A in 33.329 to read, All Fayetteville residents who are legally authorized to live or work in the United States shall be entitled to apply. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Angela Belford stated she lives in Ward 4, but is technically outside of the city limits of Fayetteville. She spoke in favor of the ordinance. Ed Shimberg, 2070 Spinel Link spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 12 of 25 Eric Ladue, 1665 Radisson Drive stated he is a naturalized citizen and spoke in favor of the ordinance. Citizen of Fayetteville spoke in favor of the ordinance. Peter Tonnessen, Ward 3 spoke in opposition of the ordinance. Lorraine O'Neal, 2070 Spinel Link spoke in opposition of the ordinance. Margot Lemaster, 220 Adam Street stated she oversees the Engage NWA Initiative, which is part of the Northwest Arkansas Council. She spoke in favor of the ordinance. Clint Schnekloth, 3205 East Charing Cross spoke in favor of the ordinance. Steve Clark, 438 Fairway Lane and President of the Fayetteville Chamber of Commerce stated the best example of participation that would have inclusion in it, was Fayetteville Forward. He stated he doesn't believe the amendments go far enough because they don't address the essential issue of who participates. He urged them to not adopt the amendments and wants Council to look for better ways to increaser greater participation. Council Member Smith stated the ordinance hasn't been rushed and they have taken their time. He spoke about pre -compliance. He stated these are not policy making decisions they are opening to a broader participation base. He stated some of them do make decisions to apply policy that is by the City Council, but most of them just give advice. He believes the impact of this will be very small, but sometimes a policy is there to help express values. He spoke about citizenship. He stated the microphone in City Hall is necessary to keep conversations open to everyone, but it's not sufficient for the standards of the City of Fayetteville. Council Member Petty stated any argument that says don't do this because it's good, but doesn't go far enough, is not very compelling to him. He spoke about the large margin that Mayor Jordan won in his election. He stated the City of Fayetteville seems to indicate support for candidates who are not ideologically conservative. He believes if they pass the proposed ordinance, it is what the voters are wanting. He doesn't believe this will lead to a lot of new applicants to fill every vacancy available. He stated the vacancies could be because they have too many committees or some of the committees don't have real advisory power. He stated if he was on the Nominating Committee, he would be looking at how to empower the committees more. He wants the best and most qualified people advising the Council. Mayor Jordan stated in 2001 he voted with the majority of Council Members to make sure everyone was a registered voter. He stated times have changed and he has too. He spoke about the Civil Rights Ordinance. He stated he is determined that everyone is treated with equality and equity. He spoke about working with Welcoming America and devising a welcoming plan. He stated this ordinance is a start and thanked Council Member Smith for bringing the item forward. He stated when immigrants arrive in Fayetteville they face barriers that are unique and sometimes complicated. He stated they need to do everything they can to make Fayetteville a place that is easy for everyone to call home. He spoke about increasing diversity of the boards and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 13 of 25 commissions. He stated this item helps remove barriers and encourages civic engagement from residents who may not yet be citizens, but are legally authorized to study, work, and live in the United States. He stated it is the first recommendation in the Welcoming Plan passed by Council in 2017. He stated it meets the standards set by partnering organization, Welcoming America and the goals they work on with Engage Northwest Arkansas. He stated he supports immigrant participation on committees in the city and region and welcomes the immigrant population to join in civic leadership. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Ordinance 6196 as Recorded in the office of the City Clerk New Business: Arkansas Municipal Equipment, Inc.: A resolution to authorize the purchase of four Peterbilt 520 side loader trucks with New Way Roto Pac Bodies from Arkansas Municipal Equipment, Inc. in the total amount of $1,130,820.88, pursuant to a Sourcewell Cooperative Purchasing contract, for use by the Recycling and Trash Collection Division. Peter Nierengarten gave a brief description of the resolution. Council Member Petty moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Resolution 162-19 as recorded in the office of the City Clerk Enact Chapter 75 Electric Motorized Scooters and Scooter -Share Programs: An ordinance to enact Chapter 75 Electric Motorized Scooters and Scooter -Share Programs. City Attorney Kit Williams read the ordinance. Peter Nierengarten gave a brief description of the ordinance. Council Member Turk: When looking at other cities like Charlotte, Dallas, and Austin, did any of those cities have a phase in period? Did they have fewer scooters to start off with until they got up to their maximum number they are allowed in the city? Peter Nierengarten: I can't speak to the specifics of the phase in period of those cities. I am aware that many cities have done phase in processes. In some cases, they decreased the scooters based on what the data is showing them. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 2, 2019 Page 14 of 25 Council Member Turk: We had a discussion last week about the per capita number of scooters. How is the 1,000 that is proposed right now compared to other cities? Peter Nierengarten: It is similar. It's very close to the number Austin has. Their population is much larger than ours, so their number of scooters is larger than ours. We did compare the ratio and we are in the ball park of what many of the other cities have. Council Member Smith: Last week at Agenda Session, Don talked about the operational impacts we've seen from the bike share, in terms of mowing, when they are laid over in the right of way. The maximum annual revenue would be $40,000? Peter Nierengarten: Plus, the permit fees. Council Member Smith: So, a little bit more with the permit fees. Will this cover both administration of the program and what other parts of the city operations might be feeling the pinch from that? Don Marr, Chief of Staff. We don't know the answer to that yet. We are going to have to see how that works. We have experienced some of that as it relates to bike share. We don't have as many as a thousand in our city today. We don't tend to have them left as often as we have heard in some other locales. It doesn't come without operational impact. Council Member Smith: We aren't quite ready to quantify that impact yet? Don Marr, Chief of Staff. We've looked at the cost of this more about the administration of the permitting aspect and then some dollars towards the infrastructure components. We haven't really looked at the impact on transportation or parks, and their staff that might have to deal with that when mowing or trails areas. We have to think about parking as it relates to some of these items if we don't want them left in places we don't want them. We have to provide guidance to where we want them. Our plan was to do a RFP process until the state law went into effect, but since we didn't have the ability to go through that, we are trying to beat the topic on this topic. Peter Nierengarten: The revenue generated from this, we can use it for infrastructure improvements in combination with the data sharing. We would know where scooters are being parked and where we are having maintenance issues with scooters being illegally or improperly parked. We can use that to help triangulate where we can invest some of that money in building some additional parking to help relieve ourselves of some of the maintenance issues we may be having in certain areas. Council Member Smith: We feel that max best case scenario annual revenue should be enough to do those things? Peter Nierengarten: Yes. It will be enough to implement some level of parking for scooters and bikes. Whether that is enough to satisfy the full demand generated, we don't know the answer to that yet. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 2, 2019 Page 15 of 25 Don Marr: You're never going to get rid of all the operational impacts. The bike share is a highly successful program, but we are having a repeated issue of some of them being pitched over the Lafayette Bridge. We are replacing lights and having issues below that. You can't regulate for that. Those are things you are going to have to deal with as a result of bad actions. Council Member Smith: My concern is not eliminating every possible need to mow around one or move one before you mow, but making sure whenever it cost us to do that, we are recouping through this. Don Marr: If it has crew impact, I will be back to talk to you. Council Member Bunch: Do we have any idea from the companies that are applying, how long they think a scooter last? Peter Nierengarten: I've heard varying degrees of life expectancy on scooters. I've heard as short as 28 days and as long as one year. Council Member Bunch: There are different types of scooters and battery configurations. What happens to those batteries when they are no longer able to be recharged? Are they recycled? Peter Nierengarten: They typically operate on lithium -ion batteries. As far as I know, lithium batteries are recyclable. Whether every vendor is recycling those batteries, I can't speak to that. Council Member Bunch: I want to know if those batteries are being recycled and going to a safe recycling, instead of being dumped somewhere. I don't like anyone coming into our city and telling us this is the way it's going to be. Collecting data can show us where we have deficiencies in our own programs and help us design our city better in the future. I'd like to limit the number of scooters to start with, possibly 500 in total. We could review in six months and then again in a year. If we have the data that says scooters are being used sufficiently, then maybe we can increase the number of scooters. Assistant City Attorney Blake Pennington: Regarding batteries, Section 75.11 Q requires operators to have in place a proper recycling and disposal program that meets federal regulations for battery disposal and storage. Council Member Bunch: Thank you. Peter Nierengarten spoke about the way some of the scooters are built in a way that the battery is integrated into the scooter. Council Member Bunch: Who are the companies we received notification that they are going to show up on July 24th . Peter Nierengarten: We haven't received notification from anyone. Within the past six months, we have received interest from Lime, Bird, VeoRide, and a couple of others. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 16 of 25 Don Marr: Before legislation passed, we were contacted by a company that was going to leave 150 over the weekend of Martin Luther King Day. We told them we were going to require an ordinance to go through the process, so they didn't do that. Council Member Gutierrez stated she is excited about having the scooters. She requested to know if Peter knew anything about the possible economic benefits for people who could charge the scooters for a profit. Peter Nierengarten: I don't have any of the data on that. I'm aware that some of the scooter share operators model is that everyone is an independent contractor and you can get paid to charge a scooter, per scooter on an hourly rate. Others operate under a model where the only people touching or managing batteries on the scooters are their actual employees. Council Member Scroggin: I have talked to some people that said this will serve some of our lower income residents, a little more than I initially thought. On the actual number, even if we limit it now, I don't want to be in a position where we have municipality control monopolies. Council Member Bunch: What I proposed was a review in six months. I'm assuming that could allow new companies to come in if we feel it is needed. The existing companies, if we have four of them is not a monopoly, could ask for more scooters. Denver's restrictions say they have to have data that shows each scooter has been ridden a certain number of times each day. They can then go back and review the data and possibly up the number for them. Andrew Miles, 1884 Caton Drive stated he is the General Manger and Southeast Regional Manager for VeoRide. He spoke in favor of the ordinance, but would like for it to be amended to have a 500 cap for each vendor scooter limit. He doesn't recommend a phase up in six months. He stated if Council thinks more competition is better for serving Fayetteville, he urged them to have some hesitancy. He spoke about recycling of batteries and the risk of people charging batteries in an unsafe manner. Council Member Turk: Have you experienced a phase up in some of the other cities where you had lesser numbers or not? Andrew Miles: We have. I recently launched our scooter market in Knoxville, Tennessee. They had a phase up with two companies. Each company was allowed to start with 50 scooters the first week and then phase it up to 250. There are 500 total scooters in Knoxville and they don't anticipate upping that cap until the six-month pilot is over. Council Member Smith: What markets and how many scooters do you have from VeoRide? Andrew Miles: We are in three markets, launching a fourth this week, two more next week, and seven more by the end of summer. We will be in about 20 by Halloween. Council Member Smith: Do you know the average life span of one of your scooters? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 17 of 25 Andrew Miles: We haven't fully realized that. We projected in testing, up to a year. We have a commercial grade scooter, which can't be purchased on Amazon. The industry is so young and there's not a lot of conclusive data. Council Member Smith: Do you know what your average bike life span is? Andrew Miles: If it's not being thrown off the Lafayette Bridge, which I have retrieved about 10 of those, and if we are counting those, 85% of the fleet is still there from day one. Council Member Smith: If they are lasting about a year, do you know how many tons of scooters were thrown away every year? Andrew Miles: I do. The university has a beautiful metal recycling program. Council Member Smith: The metal of the scooter just gets shredded and reprocessed? Andrew Miles: Steel aluminum. Assistant City Attorney Blake Pennington: The proposed ordinance sets the absolute cap at 1,000 total permits. It says each operator could apply for 250 permits initially and an additional 250 at the six-month period. If you only had two operators come in, those two operators could potentially get 500 permits. If you had four operators come in with 250 permits on the first round, that's it. Nobody is getting additional permits. City Attorney Kit Williams: That's six months from now and if the City Council wanted to raise the permit level, it would be easy to do. Eric Ladue, 1665 Radisson Drive: In what form would the scooter share program take form as compared to the bike share program? Peter Nierengarten: All the scooters operate on a dockless type of model. The node type system is a docked base system, which is an older style of bike share system. I'm not aware of any scooter share operators that are operating scooter share systems that have a docking system. I believe they are all dockless, which is similar to how our bike share system operates. The ride can be ended almost anywhere. Peter Tonnessen, Ward 3 spoke about scooters on trails. He stated scooters on trails will be a big impact. He wants to know how this fits in with motorized bikes. He spoke about scooters being negatively talked about on the news in Nashville. He also spoke about large amounts of scooters being thrown in the river. City Attorney Kit Williams: When we first started regulating trails, we did authorize electric powered bicycles and scooters for the trails, not internal combustion vehicles. There is a speed limit on the trail. The Mayor of Nashville was interviewed and they are removing the electric scooters from Nashville. They are probably going to look at other regulations and maybe allow them to come back. They did have a lot of problems in the downtown area. One of the scooter 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 18 of 25 riders died. They have a locator and found that many of the scooters were leaving from the bar areas. When the state law goes into effect, it would probably behoove us to have regulations. Those regulations might need to be changed or adjusted, but we need to have something in place when the state law goes into effect. Blake, do you agree with that? Assistant City Attorney Blake Pennington: 100%. Peter Nierengarten: The state law begins July 24, 2019. You all have one more meeting prior to the effective date. We aren't in a rush to get anything passed tonight. Council Member Petty stated he appreciated the proactive approach and thinks the ordinance is good. He spoke about Dallas and the experience of bikes being impounded because there were so many. He spoke about the problems in Nashville and other communities. He stated he probably wouldn't support the suggestion of reducing the number that is allowed in the beginning. He wants to start with the number proposed in the ordinance, but wants staff to consider an automatic provision to change the number up or down based on the daily average usage rates. He stated it is never easy to come back and change the law. Council Member Scroggin stated he doesn't want a number that limits it and then they can't increase or decrease it later. He stated this is safer, but doesn't want them on the sidewalks on Dickson Street. He spoke about leaving it on the First Reading for further adjustments of the ordinance. Assistant City Attorney Blake Pennington: I agree. We should look at this over the next couple of weeks and maybe come up with something to bring back to you. City Attorney Kit Williams stated there might be other factors they would want to consider, as opposed to usage. Don Marr spoke about scooters being discussed at the state legislature. He stated this will be a pilot, whether they want it to be or not. He stated from the legislatures perspective, there's going to be input coming back to what it allows local communities to control and what's going to be done at the state level. He stated the city meets every two weeks and if something is drastically wrong with the item, Council can address it quickly. He spoke about the Fayetteville Mobility Plan. He stated staff thinks this is in support of this and wants to move cautiously, but not at the point of limiting the ability to have it. Council Member Bunch stated she still stands by her suggestion to start out with a smaller number. She stated it gives them more time to collect data. She spoke about the disadvantage community being helped. She stated the industry is growing rapidly. Council Member Turk stated she agreed with Council Member Bunch. She stated this is a brand- new program being thrust upon them, whether they like it or not. She stated they need to go slow and see how it works. She stated 1,000 is a huge number of scooters to be suddenly descended onto the city. She stated it would be helpful to have a smaller number of scooters and collect all data. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 19 of 25 Mayor Jordan requested for Don Marr to speak about the state legislature. Don Marr: The state legislature gives us the local control of enacting an ordinance to deal with it, but according to our City Attorney, to not prohibit them in the city. Is that correct, Kit? City Attorney Kit Williams: It remains to be seen exactly what that law does. We don't want to go to court to find out. Assistant City Attorney Blake Pennington read the state statute. Mayor Jordan: We can't refuse to have them, but we can control them? Assistant City Attorney Blake Pennington: Yes, with reasonable regulations. This item was left on the First Reading. Jack Tyler Engineering, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $49,492.00 plus applicable taxes and freight from Jack Tyler Engineering, Inc. for the purchase of a submersible pump for use at the Farmington Lift Station. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewers Operation Manager gave a brief description of the ordinance. He stated staff recommends approval. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Ordinance 6201 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 July 2, 2019 Page 20 of 25 RZN 19-6666 (119 & 127 S. West St./Canfield): An ordinance to rezone that property described in rezoning petition RZN 19-6666 for approximately 0.40 acres located at 119 and 127 South West Avenue form NC, Neighborhood Conservation to MSC, Main Street/Center. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Mr. Canfield, Applicant stated he was available for questions? Council Member Scroggin: Under MSC, would they be allowed to build an art studio or something of that nature? Garner Stoll: Yes. Council Member Scroggin: Is it currently allowed? Garner Stoll: No. Council Member Scroggin: I feel that MSC fits more with the art corridor that we are hoping to have here. I doubt you could get an engineer that would allow you to build five stories there. Could you put five stories with setbacks with the size of this? Garner Stoll: It would be challenging to build a tall building at that location on two lots. The lots are 60 feet each, with 130 feet of frontage. The lot is very steep. Getting rear access would be difficult. Mr. Canfield, Applicant: My interest is in expanding opportunities and diversity in the neighborhood through the induction of neighborhood services that supports density that we would like to see in the area. I have no intentions of putting anything except what's right there, in a refurbished state. Council Member Scroggin: Was there any public comment? Garner Stoll: No. There was one letter in support of the application to the Planning Commission. Council Member Turk: I've been hearing a lot from citizens. Not about this issue, but about many others. They are just not aware. They have an opinion, but they haven't seen it. I would like to hold this for another two weeks to allow the public more time to know about the rezoning request. There was a brief discussion about leaving it on the First Reading. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 21 of 25 RZN 19-6678 (2280 W. Stone St./Tamijani): An ordinance to rezone that property described in rezoning petition RZN 19-6678 for approximately 0.69 acres located at 2280 West Stone Street 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. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Ms. Wallace, Applicant stated there is a bus stop across from the property to be able to commute. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Petty, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Scroggin recused. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-0. Council Members Petty, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Scroggin recused. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. There was a brief discussion about the RSF-4 parcel in the area. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Petty, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Scroggin recused. Council Member Marsh was absent. City Attorney Kit Williams stated Council Member Scroggin is a fellow realtor in the same office as the applicant, so therefore he recused from the vote. Ordinance 6202 as Recorded in the office of the City Clerk VAC 19-6672 (Marks Mill Rd./Summit Place Sd): An ordinance to approve VAC 19-6672 for property located along Marks Mill Road to vacate portions of two conservation easements. City Attorney Kit Williams read the ordinance. Jonathan Ely, Development & Construction Manager gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. He stated they have received a little feedback from the public in opposition. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 22 of 25 City Attorney Kit Williams: The Planning Commission asked your department to look at whether you needed to extend the berm. Did you determine you needed to do that? Jonathan Ely stated they had not yet. He spoke briefly about the berm. He stated there is a mature growth of trees in that area. He stated they are still trying to determine if the trees are serving a better purpose than a diversion berm. Jorge Du Quesne, Blew & Associates stated he was available for questions. Council Member Turk: Thank you for putting the slopes in there. Is it common to have a slope of up to 33% where there's not any trees and where houses are being built on that slope? You aren't experiencing any surface runoff? Jorge Du Quesne, Blew & Associates: When referring to 33%, those are common. Usually vegetated and grass and making sure the root system captures and stabilizes the soil. Council Member Turk: Do you go back to make sure there has not been any runoff and that those soils are stabilized? That looked very clay, but also kind of a shale underneath. Did you do a soil analysis in that area? Jorge Du Quesne: With 3 to 1 slopes you don't normally do a soil analysis. That's usually considered a stable slope in this area. The maintenance of the slope and the kind of grass they put in with the houses would be a little bit more substantial than what you might get in a development phase. In a development phase, they usually put seed and straw. Council Member Kinion: We have seen this property so many times. I have a concern to relocate the conservation area. The topography on the south end is making a high velocity ditch that's pushing it on down the hill. We are losing the protection that's going north and south that we requested last time we zoned this. The lots are going to be built with large homes, so there's not going to be an opportunity for pervious lawns. When looking at the soil, it's evident where the water runs, it's very unstable. The problem with this the last time we looked at it was how do we stop the velocity and flow going down the hill. Council Member Turk: I share the same concerns. You have these drainage easements established for a reason. It's not like the landscape has changed. It looks like there's a great deal of threat to a lot of surface runoff and there are neighbors downhill. We need to be cautious. We need a good reason why to change it and I didn't see any good reason to change it. Council Member Smith spoke about the way storm water runoff is managed from the hill. He stated they could make it worse by messing with this right up the hill from an area they know already has trouble. Council Member Petty: I read in the report that staff thought the drainage commitments could be maintained with the proposed easements. The Planning Commission imposed an additional condition that the berm be extended to protect the downstream property owners. Do you still agree 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 23 of 25 with your findings? Do you think the berm will sufficiently protect the downstream property owners? Jonathan Ely: Yes. Based on what we have seen on site. I feel it was making its way to the dentention pond as it was designed. Regarding the Planning Commission condition of approval, that diversion berm tails off into some trees about halfway through the second to the southern lot on the southside. If we have them go in and extend the berm it will likely damage or take out some trees. We have to decide if that's better, rather than leaving the trees. Council Member Petty: At what point would you decide that? Jonathan Ely: Prior to building anything on these lots. We would need to make that determination quickly. City Attorney Kit Williams: I would like to change the conditions wording. I suggest it say, The diversion berm shall be extended to the south if determined by City Engineering staff to be necessary or advisable to protect a downstream property owner to the west. It's clearer as to what he wants to do. Council Member Petty spoke briefly about the proposed amended language. Council Member Petty moved to amend the ordinance to say, The diversion berm shall be extended to the south if determined by City Engineering staff to be necessary or advisable to protect a downstream property owner to the west. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. Council Member Petty stated he relies on the Engineering Division when they make a detailed evaluation. He stated the Engineering Department is detailed oriented in this circumstance. He spoke briefly about the history of the site. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 6-1. Council Members Petty, Scroggin, Bunch, Turk, Smith, and Kinion voting yes. Council Member Gutierrez voting no. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-2. Council Members Petty, Scroggin, Turk, Smith, and Kinion voting yes. Council Members Gutierrez and Bunch voting no. Mayor Jordan voting yes. Council Member Marsh was absent. 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 2, 2019 Page 24 of 25 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 2-5. Council Members Petty and Scroggin voting yes. Council Members Bunch, Turk, Smith, Gutierrez, and Kinion voting no. Council Member Marsh was absent. This item failed. VAC 19-6689 (1923 N. Candleshoe Dr./Pilcher): An ordinance to approve VAC 19-6689 for property located at 1923 North Candleshoe Drive to vacate a portion of a general utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Peter Main, Applicant's Neighbor stated Ms. Pilcher could not be attendance. He stated he was available for questions. Council Member Scroggin: What is the vacation needed for? Garner Stoll: It's a utility easement. Peter Main: The current utility easement is 20 feet and the request is to vacate the 10 feet of that closest to the house. The utility easement is literally at their back door. Council Member Scroggin: What is it preventing them from doing? Peter Main: Anything that they could get permitted for, in terms of patio or improvements. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Kinion voting yes. Council Member Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 2, 2019 Page 25 of 25 Ordinance 6203 as Recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff spoke briefly about the fireworks guidelines. He spoke about the Gulley Park Concert Series and Slow Roll biking events. He stated city offices will be closed on July 4, 2019 in observance of the holiday. He stated all information can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: Agenda Session Presentation: Presentation of Pavement Inventory Analysis Report and Recommendations by IMS. City Council Tour: Monday, July 1st 4:30 PM Adiourn nt: 9:50 p.m. 1 on d Jordan, ayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov