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HomeMy WebLinkAbout2019-08-20 - 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 August 20, 2019 City Council Meeting Minutes August 20, 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 August 20, 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 Ma vor"s Announcements Proclamations and Reco nitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the August 6, 2019 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes August 20, 2019 Page 2 of 25 Amend Resolution 149-19: A resolution to amend Resolution 149-19 to correct the vendor from Steve Landers of Siloam Springs to Superior Chevrolet of Siloam Springs for the purchase of a Dodge Ram 1500 Quad Cab 4x4 truck. Resolution 183-19 as recorded in the office of the City Clerk YRCC Kids Nite Afterschool Program: A resolution to approve a budget adjustment in the amount of $5,808.00 recognizing funds from the Community Development Block Grant projects for the YRCC Kids Nite Afterschool Program. Resolution 184-19 as recorded in the office of the City Clerk Fayetteville School District Renewed Agreement Holcomb Elementary School Gym: A resolution to approve the Renewed Agreement with Fayetteville School District to manage, maintain and operate the Holcomb Elementary School Gym for ten years with the option to extend the agreement for an additional ten years. Resolution 185-19 as recorded in the office of the City Clerk Fayetteville School District Renewed Agreement Vandergriff Elementary School Gym: A resolution to approve the Renewed Agreement with Fayetteville School District to manage, maintain and operate the Vandergriff Elementary School Gym for ten years with the option to extend the agreement for an additional ten years. Resolution 186-19 as recorded in the office of the City Clerk Elizabeth Richardson Center Lease Agreement: A resolution to approve a lease agreement with the Elizabeth Richardson Center for property located at 2190 South Razorback Road pursuant to the Community Development Block Grant Public Facility Lease Program. Resolution 187-19 as recorded in the office of the City Clerk City of West Fork Conveyance of 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 188-19 as recorded in the office of the City Clerk Council Member Kinion moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 3 of 25 Unfinished Business: Amend §72.18, Residential Parking Permit Program For The Entertainment District Parking Zone: An ordinance to amend §72.18, Residential Parking Permit Program For The Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential -only parking along Locust Avenue and Lafayette Street and portions of paid - only on -street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed- use parking areas. At the July 16, 2019 City Council Meeting this item was left on the f rst reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. 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 failed 4-3. Council Members Smith, Petty, Scroggin, and Bunch voting yes. Council Members Turk, Gutierrez, and Kinion voting no. Council Member Marsh was absent. City Attorney Kit Williams read the entire ordinance. Justin Clay, Parking Manager gave a brief description of the ordinance. Council Member Scroggin: If there were a lot of people who wanted to pay to park here, would we be able to raise the rate to make a balance towards the residents? Justin Clay: That is always a tool at your disposal, if you so choose. Council Member Smith: What would be the timeline if we adopted something like this and then decided it didn't have the impact we wanted? Justin Clay: Our initial thought was to evaluate this for a period of six months and then report to you all on the impact. To revert back, it would take Council action. Council Member Turk: Have you seen lots of different fluctuations in parking habits? The students are just coming back now and do you see higher use in the Fall? Is this one of the highest uses during the year or about average when the students are here? Justin Clay: Our utilization mirrors the academic calendar at the university. We see greater utilization in all of our public areas when school is in session. These particular areas however don't fluctuate because they are restricted in nature. Only a residential permit holder can park there. Council Member Turk: In the Fall, we have so many people coming here for football games. We might have higher use than we do in the Spring. Would that be accurate? Justin Clay: The Fall does generally see higher utilization. The Spring is highly utilized as well. Council Member Gutierrez: When people have a resident pass, can they park anywhere it is a resident pass Downtown and will they be able to continue to do that? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 4 of 25 Justin Clay: There are specific streets where the residential permit holder can park for free and where their residential permit is valid. We aren't removing any of those streets or spaces in this proposal. We are opening it up to shared use between those permit holders and the general public. Council Member Gutierrez requested to know instead of changing the whole street, could they do every third parking spot. Justin Clay: I think that would be one approach. It could potentially lead to greater confusion. Our rule of thumb of bringing these types of things before you is to start with proposals that maximize the use of our existing spaces. Council Member Kinion: There are certain streets you can park on. It's a north zone and a south zone? Justin Clay: Yes. George Paulson, 115 Mt. Nord spoke in opposition of the ordinance. Allen Hale, 305 West Lafayette spoke in opposition of the ordinance. Catherine Corley, 80 West Lafayette spoke in opposition of the ordinance. Jensey Hale, 305 West Lafayette spoke in opposition of the ordinance. Council Member Kinion: Looking at the parking plan existing conditions, it seems there's plenty of parking and there needs to be signage to tell people where to park. There was not a shortage of parking, so all of a sudden there is a shortage of parking? Justin Clay: No, sir. One of the recommendations was to improve the signage to point people to our parking facilities, which is in progress. There was not a shortage of parking when looking at everything on the whole. Even in peak demand areas there was plenty of parking available from the core of the Entertainment District into the Downtown area. This recommendation was more specific to our residential permitting programs and our overall philosophy in how we administer those programs. This is an effort to always be looking for ways to increase the available parking supply in a growing city with a growing university. Council Member Kinion: When I looked at this plan and saw what was picked out to support arguments of why we needed to move forward with this, it always pointed to the need for more parking in the Entertainment District. The study they are citing shows there does not need to be more parking at this time in the Entertainment District. This is a historical neighborhood. It has recently changed in its face because of large unsupervised student residential complexes. One thing we offered to these residents at the time we implemented the Entertainment District plan was knowing they would have parking. If we have a need to change parking because there's parking unavailable, then that's the time we go and look at changing what we have. There's going to be 52 more parking places, five blocks away. That's not the same as residential parking. I can't support this plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 5 of 25 Council Member Petty: I'm worried a little that we are treating every hour of the day exactly the same in our discussions. Explain more about the hour by hour utilization and compare and contrast the portion of Lafayette that's paid parking only with the portion of Lafayette that is residential only. Justin Clay: The residential only portion of Lafayette peaks in the evening, which is a consistent trend we saw. The paid only saw peaks in the mid-day. Council Member Petty: It didn't have evening peaks? Justin Clay: Correct. Council Member Petty: It's servicing people who are Downtown, either on campus or patron businesses around the lunch hour and early afternoon. Correct? Justin Clay: Correct. Council Member Petty: But not people who patron Downtown in the evening? Justin Clay: By in large, yes. Council Member Petty spoke about that being consistent with his experience. He requested to know the hour by hour utilization of the Central United Methodist Church parking deck. Justin Clay: I don't have that data off the top of my head. It's primarily used as a park and ride facility for students during the week. I don't know how much utilization it gets in the evenings or weekends. Council Member Petty: If this were to pass as proposed with no modifications, would you expect that demand in the eastern portion of the proposal would mimic what we see on the western side? Do you still think we would see primarily daytime use? Justin Clay: I do. Any uptick in utilization would mimic the portion of Lafayette that's already paid. Council Member Petty: Do we have the ability to restrict public paid parking in areas at certain hours of the day? Justin Clay: Sure. It is at Council's discretion. Council Member Petty: From the utilization rate, there's an opportunity to have a better use of the public land that everybody in the city pays tax dollars on. If we were to treat every hour the same, there would be some critical conflicts. I'm eager to see our existing assets used in a better way. I would like to look more into hour by hour utilization. I have had enthusiastic comments expressing support about the portions from the south side. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 6 of 25 Mayor Jordan: You want us to look into the hour by hour usage of the parking spaces? Council Member Petty: Yes. I suspect it would be a better use of our resources if we could figure out a way of sharing these spaces that wasn't so binary. It's not all or nothing options at our disposal. We have other things we can do. Council Member Scroggin: I would be okay with looking at this further. Currently, what is before me, I could vote for. The voters just voted to spend $10 million on a parking deck. To say we have plenty of parking is crazy because we are about to spend $10 million on parking. We have to utilize the parking we have in the best way. Dickson Street is used a lot during the day with people working and services. We need to make sure that they can park. Council Member Turk: I used to live in Seattle and we didn't have any residential parking places. I chose to live in that location. I remember not being able to find a parking place and having to walk a very long way. The people who spoke tonight lived here before we had high density student housing. In addition to the hours, we need to look at days of the week and special events. I don't want to degrade the quality of life we have in Fayetteville. Being able to park close to your house is very much needed. Mayor Jordan: You would like to look at the peak hours of days of the week? Council Member Turk: Peak days of the week and special events, along with the peak hours. For example, when we have a football game, Theatre Squared, and Walton Arts Center. Mayor Jordan: I thought that was in the study, but I'm not saying we can't look at it again. Justin Clay: It is in the study. Looking at the district as a whole, the peak is Thursday, Friday and Saturday. Particularly during theatre events. If we are looking at Lafayette, we would need to dive into those numbers. Council Member Smith: I don't live in this area. I have my own driveway and garage. I'm trying to listen closely to our experts who have data. It sounds like we could adopt this plan without a lot of the conflict that constitute our worst fears. While there is a possibility of filling these up 24/7, that's not the likely reality. I'm also comforted by the flexibility that we could revisit this. There are seven parallel spots mid -block down Ralston. We aren't looking at changing those, but they are there and the right of way looks consistent. Is there an opportunity to offset some of this with additional residential parking in a spot like that? Justin Clay: We would have to look at it. We make pretty good use of any available on -street real estate. We try to be mindful of driveways and sight lines. Council Member Smith stated he appreciates the effort to not just manage the parking demand, but to manage the efficiency of assets and resources. Council Member Gutierrez: You put out 70 door hangers? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 7 of 25 Justin Clay: That sounds about right. Council Member Gutierrez: How many people are totally against this? Justin Clay: Everyone we have heard from sent in written comments, which you have been made privy. Residents on the northern portion of Locust that we aren't proposing to make any changes feared if we made changes, the spaces to the south would become utilized. They worry it would encroach on their residential only spaces. We have received some positive feedback from some business members in that area. Council Member Gutierrez spoke about the promise that was made to people about parking. She stated people are living in incredible growth the city has had. She stated there will be more demand for parking. She spoke about the challenges of handling growth and places for people to park. Council Member Kinion spoke about the Master Plan. He stated he was on City Council when the promise was made to the neighborhood to look at the plan and evaluate it as they move along. He stated they are in Phase 1 and there isn't anything in that phase that says to change residential parking to anything. He stated in the plan there was supposed to have been a 2018 stakeholders group of neighborhoods meeting. He stated they have to be attentive about businesses and make sure they don't have a parking situation that will impact the income the city gets from sales tax. He stated from April 2018 to December 2019 they haven't done half of the items in Phase 1 they promised, but yet this ordinance is being proposed. He encouraged everyone to go back and look at how the city said they were going to implement the parking plan. Justin Clay: I can't recall all the stakeholder groups and meetings that occurred along the way when the plan was adopted. When the Phase 1 implementation schedule was adopted we leached out to every residential permit holder within the area. Some of the property owners attended the stakeholder's groups where this very item was discussed. There has been an effort to provide input. It may not have gotten to everyone, but we have tried to be as forthcoming as possible. This is the first regulatory recommendation brought forward for you all to consider associated with any part of the Parking Master Plan. Similar to a residential benefit district, to make restricted spaces open to the public and when possible reinvest any revenues from those spaces back into those streets is something that could expand from making these spaces mixed use. Council Member Bunch: I like the idea of collecting more information and data of the hour by hour use and the days of the week. She spoke about a loading and unloading area. I hate to promise people something and then yank the rug out from under them. When some of these people bought their houses, the parking space was part of their purchase. They didn't buy the parking space, but it was there. Council Member Smith: If we end up considering other amendments, I'd like to separate the north and south sections to act on those separately. There was a brief discussion about tabling the item. Mayor Jordan reiterated what he heard Council say. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 8 of 25 Council Member Kinion stated if it's tabled then they need to have a forum for the neighbors so they can have dialogue with the Parking Division and Administration for clear communication. Council Member Scroggin: Is there any way we can vote on the south side? City Attorney Kit Williams: You can't because it is a single ordinance right now. You can amend out the north side, which means defeat it and pass the south side. I don't think that is the right course. There was a brief discussion about needing more time to review the item. Council Member Gutierrez stated in the public meeting that she would like to discuss an incentive for people who do not need parking. City Attorney Kit Williams: That might be difficult to implement. We have to treat most people the same. It is very difficult for a government to do that because we have to be equal. Council Member Gutierrez: If the parking is going to generate income, could there be a rebate? City Attorney Kit Williams: No. The parking revenue is pledged to our bond. We aren't going to rebate anything. Council Member Bunch: If I had a reserved parking space in front of my house, I wouldn't give it up. City Attorney Kit Williams: Nobody has a reserved parking space on a public street in front of their house. Council Member Bunch: I know. If I had access to one, would I give up parking in front of my house? Council Member Kinion suggested sending the item to Ordinance Review Committee There was a brief discussion about sending the item to the Ordinance Review Committee Council Member Scroggin: I would like to know the percentage of residents that have parking available already. There are driveways in a lot of those places. Council Member Smith made a motion to table the ordinance to the September 17, 2019 City Council Meeting. Council Member Bunch seconded the motion. Upon roll call the motion passed 6-1. Council Members Turk, Smith, Gutierrez, Petty, Scroggin, and Bunch voting yes. Council Member Kinion voting no. Council Member Marsh was absent. This ordinance was tabled to the September 17, 2019 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 9 of 25 New Business: RZN 19-6716 (East of 3638 N. Front St./Trails at Mud Creek): An ordinance to rezone that property described in rezoning petition RZN 19-6716 for approximately 10.43 acres located East of 3638 North Front Street from C-2, Thoroughfare Commercial and I-1, Heavy Commercial & Light Industrial to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval of the request outside the floodway. Hugh Jarratt, Applicant's Representative gave a brief PowerPoint presentation. Council Member Smith stated he had received a lot of emails. He stated he is concerned because the vast majority of the land is in the Springdale School District. Hugh Jarratt: None of this is in the Springdale Schools. There was a brief discussion about the school district boundaries. Council Member Smith: I will double check and accept that I might have a bad data source. Hugh Jarratt: If we are approved and this develops as a multi -family unit, the Lindsey Company builds one and two -unit apartments. We do not create a heavy burden on schools because we don't have very many school aged children. When the kids we do have get big enough to go to school, most of the time people get something with more space. We pay more taxes into a school than we take out by the kids we put in there. City Attorney Kit Williams: The school districts are responsible for their schools and we are not. We should not be making decisions on whether a piece of property is in the Fayetteville, Springdale or Farmington School Districts. It is up to the school districts to provide enough facilities. It should be based on whether the City of Fayetteville will be advantaged by having this zoning or disadvantaged. Council Member Scroggin: The majority of citizens who have contacted me are concerned about the RMF -24. What is keeping you from buying the RMF -24 and this coming through with a Large Scale Development that would allow Planning Commission not to say no, as long as you follow the rules? Hugh Jarratt: The RMF -24 is under contract as well. It's not part of the rezoning request. If we are approved and the Lindsey Company does a development there, it will be part of the Large Scale that comes through for the neighbors to see. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 20, 2019 Page 10 of 25 Council Member Scroggin: At that point, as long as you follow the rules and variances they can't really say much about it once the land use has been decided for all of this. Diana St. Clair, 3595 Bellshire Drive spoke in opposition of the ordinance Craig Curzon, 1518 Sussex Drive spoke in opposition of the ordinance. Council Member Kinion stated he has mixed emotions about how he is going to move forward in this. He stated there's got to be an entrance, exit, and traffic plan. He stated it is the worst intersection in that area and a total mess. He spoke about high traffic, terrain of the property, and preservation concerns. He spoke about the need of different types of housing. Council Member Bunch: The emails I received mentioned part of this is in a flood plain and will destroy trees and the riparian border. Does any part of this fall under our stream side ordinance? Garner Stoll: I believe all of it is outside the 50 -foot streamside setback. Mud Creek drainage way is wide. Council Member Bunch spoke about traffic concerns in the proposed area. She stated there are some high density and extreme uses that could be put on the property, but doesn't think it's the best use of the property because of cost. She stated she has a lot to consider. Garner Stoll: This intersection drew more attention during the 71-B process than any other intersection. We went through 12 iterations of trying to reconfigure using creative techniques, like roundabouts and on -ramps. The Department of Transportation has agreed to evaluate some of those alternatives. The Transportation Committee will meet next week with the alternatives and you can look at those. I want neighbors to understand this connection is not a pipe dream. The city has gone through several iterations of receiving federal funding. We have matched it with 20% of Fayetteville money and we have completed a design for the connection to Joyce Boulevard to Front St. It is scheduled for construction starting next year. Council Member Bunch: This reinforces the point expressed by Mr. Jarratt of why they are looking to rezone this property. Council Member Scroggin: We know the developer will probably develop the RMF -24. If we talk about changing the zoning and what we might approve on the first two, it would almost be backwards from what would be best for that location. Where the C-2 is, I would be okay with five stories. Where the I-1 is, I would be okay with three stories and then it tiers down. If we talk about what we can vote on here in front of us, it would be almost the exact opposite. Right now, they can build five stories on the RMF -24, which is not where I'd want the five stories. Garner Stoll: Community Services is limited to three stories. The de facto limitation on the height in these locations is the requirement of providing off street parking. We require one per bedroom. It is very difficult to get above 20 units per acre or in that range with surface parking. None of these parcels have value that would justify doing deck parking. Even though there's a possibility 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 11 of 25 of five stories with the RMF -24 and there's no density cap in the Community Services, the de facto market and cost of development determines what can be built there. Council Member Scroggin: Yes, but they put five story parking behind Harp's on North and that was a more rugged location. As it is, I don't know if I can vote for this. Council Member Turk stated this is a complex issue, especially with it being in the 100 -year floodplain. She spoke about impermeable surface. She stated she needs more time to think about it before deciding. This item was left on the First Reading. RZN 19-6732 (SW of E. Rock St. & Mill Ave./Southern Brothers Construction): An ordinance to rezone that property described in rezoning petition RZN 19-6732 for approximately .31 acres located southwest of East Rock Street and South Mill Avenue from RMF -24, Residential Multi Family, 24 units per acre to RI -U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Brock Posey, Applicant stated he was available for any questions. 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 6-0. Council Members Turk, Smith, Gutierrez, Kinion, Scroggin, and Bunch voting yes. Council Member Petty was absent during the vote. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Turk: This is the first time we are hearing this. I would like to hold it on the second reading to give the neighbors a chance to know this is going on. Council Member Smith: Was there any public feedback at the Planning Commission? Garner Stoll: I have not heard any. Council Member Kinion: In this situation where it's located and evident this is an appropriate zoning and not a lot of neighbor action, I want to go to the third reading. Council Member Scroggin: How many weeks have the signs been up? Has it been at least a month? Garner Stoll: They were placed at least 15 days before the Planning Commission hearing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 12 of 25 Council Member Scroggin: We are at two weeks from that, so it's been a month at least. Council Member Kinion 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 6-0. Council Members Smith, Kinion, Petty, Scroggin, and Bunch voting yes. Mayor Jordan voting yes. Council Members Turk and Gutierrez voting no. 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 Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Ordinance 6216 as Recorded in the office of the City Clerk RZN 19-6737 (4195 & 4245 W. Martin Luther King Blvd./Hancock): An ordinance to rezone that property described in rezoning petition RZN 19-6737 for approximately 1.81 acres located at 4195 and 4245 West Martin Luther King Boulevard from R -O, Residential Office to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance Applicant stated he has had the property for five years. He stated he's been working with some of the neighbors. He stated this is the best and highest use for the property. Council Member Turk: We have a Ward 4 meeting coming up. I would like to hold this on the first reading so we have a chance to let the neighbors know. We have heard a lot of comments in the past that they didn't know of any new rezoning. Mayor Jordan: Is that in Ward 4? Council Member Turk: Yes. Sorry, it is actually in Ward 1. Council Member Kinion: In this matter, I agree. This is an area that we are experiencing so much growth. We have to really project into the future. This is ideal Urban Thoroughfare, but at the same time I'm surprised we haven't heard from anyone about this. Council Member Scroggin: I am okay with holding this. UT is intensive. I believe this is right outside of the Mayor's box. Mayor Jordan: I'm surprised there hasn't been some sort of comment related to this area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 13 of 25 This item was left on the First Reading. RZN 19-6744 (SE of 15th St. & Razorback Rd./Johnson-Looney): An ordinance to rezone that property described in rezoning petition RZN 19-6744 for approximately 2.28 acres located southeast of 15th Street and Razorback Road from UT, Urban Thoroughfare and NS -L, Neighborhood Services -Limited to UT, Urban Thoroughfare, RMF -24, Residential Multi Family, 24 units per acre and NS -G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Jason Young, Applicant's Representative with Bates & Associates stated the idea is to make the property developable. He stated it is very unlikely it would ever reach full density. Council Member Scroggin: How much right of way does a road have to give? My concern is they are going to come back and ask for a hardship and say they need curb cuts. That is not a place where we need many curb cuts. Garner Stoll: It is a state highway and they are subject to Department of Transportation review. It is all in one ownership, so access is going to have to be provided. Our limitations would apply, as would the Department of Transportation and both will limit the access points. Council Member Scroggin: Is there any buildable land? Garner Stoll: The RMF -24 has a build to line. That does give them some buildable property. I believe staff has seen some sketches where you could do some small scale residential uses on this property. Council Member Smith: There was some concern at Agenda Session about this encroaching on potential feature improvement of the intersection of the roundabout. This is single ownership, but what if it was subdivided and how would that change the curb cuts? Garner Stoll: If it's in separate ownership, I think we are obligated to provide access. City Attorney Kit Williams: We have faced that in the past. In an attempt to make our traffic safer, sometimes with some sort of lot split we put a condition they must have shared access. That would be a condition of getting it separated. It doesn't mean there will only be one access on Razorback on something like this. It's an unusual piece of land. There will probably be some driveways if it's developable. Council Member Smith: They would have to have two just because we wouldn't cross the pedestrian trail with an alley or roadway, I'm assuming. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 20, 2019 Page 14 of 25 Garner Stoll: I think you could provide an access point. Do at least a 20 -foot -wide alley or small road on the back side by the railroad track. Use the form based district and front the buildings onto Razorback and do residential uses. Council Member Smith: It sounds like there is a review process at the lot split stage. City Attorney Kit Williams: There certainly is. That is beyond zoning. You can look at traffic issues and danger in a zoning situation. Council Member Smith: I don't want to zone it into something that can't be done. Council Member Scroggin: Could parallel parking be placed here and then not have any reason to access the back of whatever is built? Garner Stoll: Probably could be, but in order to do it and get Department of Transportation approval, it might take some real estate. I see more right of way as we get up towards 15th Street. Council Member Scroggin: Is the other side of the street parallel parking? Garner Stoll: No. Council Member Scroggin: Is it just on 15th that it is parallel? Garner Stoll: The building is fronting the street. The large parking lot is on the west side. Council Member Smith: You are looking at putting residential apartments backed up to a train track. Do you have concerns about noise for residents? Jason Young, Bates & Associates: I can't speak on behalf of the developer if that's something he has considered. It's relatively low density to what RMF -24 allows. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: There was a question brought up about the roundabout possibly going in at the four way stop. Have you all thought about that? Garner Stoll: Yes. It has been evaluated. I don't think that it has been found to be feasible. Mayor Jordan: We talked about that roundabout going in because we couldn't put a light in there. It backs up to the railroad. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 15 of 25 Garner Stoll: The backup issue is a problem. Mayor Jordan: Chris talked about putting a roundabout in. Is there enough footage to get one in there if we can? Garner Stoll: I think the issue is the distance between the railroad track and the roundabout itself. City Attorney Kit Williams: The roundabout would back up more than the stop sign? Garner Stoll: A number of attempts have been made to do a design for a roundabout at that location. None of them so far have come forward with a green light. Council Member Smith 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 Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: I want to remind Council that the four-way intersection is one of the worst looking things we have in this town. I wanted to be sure in case we could put a roundabout in that we have enough footage, because it needs it. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2. Council Members Smith, Kinion, Petty, Scroggin, and Bunch voting yes. Council Members Turk and Gutierrez voting no. Council Member Marsh was absent. Ordinance 6217 as Recorded in the office of the City Clerk Western Oilfields Supply Company d/b/a Rain for Rent: An ordinance to waive competitive bidding and accept a quote in the amount of $21,286.85 plus applicable taxes and freight charges from Western Oilfields Supply Company d/b/a Rain for Rent for the rental of an emergency bypass pump for the Farmington Lift Station. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Kinion stated the Water & Sewer Committee reviewed the item. 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 Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 20, 2019 Page 16 of 25 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 Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch 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 Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Ordinance 6218 as Recorded in the office of the City Clerk Hutchens Construction: An ordinance to waive the requirements of formal competitive bidding and approve bid from Hutchens Construction for replacement of the Fire Marshall Parking Lot located at 4140 South School Avenue in the amount of $21,922.50, and to approve a project contingency in the amount of $5,000.00. City Attorney Kit Williams read the ordinance. Brad Hardin, Fire Chief gave a brief description of the ordinance. Council Member Scroggin: Did the first half go through a competitive bid? Brad Hardin, Fire Chief: I believe it was to do with repairs. They had to cross that in order to access the runway, so part of the contract was to repair any damages. The parking lot was in disrepair before they got there and it's little more than a gravel parking lot now. 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 Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch 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 Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch 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 August 20, 2019 Page 17 of 25 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Ordinance 6219 as Recorded in the office of the City Clerk Entertainment District Boundaries: An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The Mayor asked me to draft up a slight change of this in Section C(2). After consultation with the Police Department it was suggested we require a wristband so that it's clear who has been authorized to drink out of an open container. Certainly not someone who is underage. By requiring the permittee to place a wristband on anyone receiving an open container at a bar or restaurant who wants to go outside, should be required to wear the wristband. I'm asking you to amend the ordinance. City Attorney Kit Williams read the proposed amended ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. Mike Reynolds, Deputy Chief of Police: One of the Police Department's biggest challenges is controlling possession and consumption of alcoholic beverages of people under 21 years of age. When this was proposed, Chief Tabor had some concerns the outdoor consumption of alcohol would exacerbate that problem. He brought that to Mayor Jordan's attention. The idea of the wristband amendment was drawn up by Kit. We are familiar with the wristbands. A wristband will be very helpful for the Police Department. We support this amendment and ordinance. Council Member Scroggin: What if there's a certain establishment that gives wristbands out to people who shouldn't have them? Would you be able to identify the establishment? What is the possibility of reusing wristbands? City Attorney Kit Williams: We believe there will be different colors for different events. We wouldn't release what the color was too early. The wristbands would be the kind that you have to rip off and can't give it to somebody else. The Mayor under this ordinance has lots of power. When he issues a permit, he can put all kinds of conditions on it. He could have done this without us changing and putting this amendment on. This was a good suggestion by the Police to do this. In the future if there needs to be some minor changes, the Mayor can do that himself. Council Member Scroggin stated the wristbands should be worn, even though there could be loopholes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 20, 2019 Page 18 of 25 Mayor Jordan stated folks may try to find ways of not doing it correctly, but he is going to start with this. Council Member Smith stated he is not opposed to the wristbands, but is real skeptical about the implementation. He stated a wristband is easier to come by and fake than an actual ID. He spoke about how bars issue wristband colors. City Attorney Kit Williams: The permit the Mayor will be signing would probably designate which is the color for that event. There might be other things that would be required on the wristband. This can all be done administratively. Council Member Smith spoke about his skepticism of how the wristbands are formulated. Mayor Jordan: If I have the authority, I will probably designate at every event we have. Council Member Smith: I see that happening with or without the amendment. If we are going to adopt it into code, I'd rather see the amendment more spelled out with the process if there are other things you are going to be using. Council Member Petty stated he is in support of the intent. He spoke about some places that used stamps because of it taking longer for wristbands to be put on. He spoke about the possibility of meeting with permit holders to see if it could lead to other ideas. Mayor Jordan: I don't have an issue with that. The wristband is the only thing we could think of at the time. I guess you could do stamps. Until we can this figured out, I won't be signing too many permits. City Attorney Kit Williams: One reason we chose wristbands is because it is something easy for Police Officers to spot. When someone is coming into a bar, it's not too much to ask them at the door to see if they are an adult. If they are an adult, they get a wristband. We should put the duty on the permittee to make sure that anybody they serve is an adult. Right now, wristbands seem to be used in the industry. Mayor Jordan: If it doesn't work, then we can do something different. Council Member Smith stated he likes the idea of having business owners who would have to implement this program be involved in the conversation. He stated the wristband lines can be very long. Mayor Jordan spoke about using some sort of identification since wristbands are bothersome to some members of the Council. Mike Reynolds, Deputy Chief of Police: We would be okay with a stamp as an identifier. We are used to wristbands and stamps. Whatever is the most efficient logistically for the bar owners, we would support. We need something to help identify individuals that are going to be in these specific 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 19 of 25 areas. We need to make sure we are in compliance with the laws of the state and ordinances of the city. Council Member Smith: I would be more comfortable with a more generic term. I'd also be comfortable with you trying out a couple of permits, figure out what works and then bring it back to us. Mayor Jordan: What would you like for a generic term? Council Member Turk: I am happy with wristbands. They are a tried and true method. If they don't work, we can come back with another alternative. We have to start somewhere and this is a good place to start. The bars will double up on staff that are handing them out. They will accommodate it so there aren't long lines. Council Member Gutierrez: I am in favor of identification. A wristband would be great. Who will pay and how will the wristbands get to all those people? Mayor Jordan: I suppose the business owners will pay for it. City Attorney Kit Williams: They would be told by the Mayor and his permit what the wristband type, design and color would be. It might be that we order it and distribute it to them, but they should pay for it. This isn't supposed to be an additional cost to the city. We are going to have an additional cost because there will be more Police Officers required in a situation like this. I don't think there will be long lines. The bar owners are in business to sell. They will have people there getting the wristbands on so they can purchase alcohol. There was a brief description about a designated identifier. City Attorney Kit Williams read the section of the proposed amendment. Council Member Kinion stated he was a beverage manager and wristbands were used. He stated it is easy to order different styles and they are different for every event. He stated they are cheap and have to be ripped off. Council Member Petty stated he was fine with the proposed amendment. He stated there is an attitude regarding the way businesses operate that is over confident. He stated it wasn't until a few weeks ago when the A&P reached out to a business owner that they first heard about this. He stated there has been very little outreach. He worries Council isn't putting themselves in the shoes of the people who are doing this work. He stated there is not a bar in the city that puts two to three extra people at the door on any busy night because it destroys their margins. There was a brief discussion about holding the item on the first reading to allow more time to do research. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 20 of 25 Council Member Scroggin made a motion to amend the ordinance to say, designated visible identifier. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Mayor Jordan: I will reach out to the business owners this week. Taylor Shelton, Fayetteville Chamber of Commerce Director of Government Affairs spoke in favor of the ordinance. This item was left on the First Reading. Amend §72.18, Residential Parking Permit Program for The Entertainment District Parking Zone Ila Street: An ordinance to amend §72.18, Residential Parking Permit Program for The Entertainment District Parking Zone of the Fayetteville City Code to expand residential -only parking in the north zone of the Entertainment District Parking Zone. City Attorney Kit Williams read the ordinance. Council Member Kinion stated he was petitioned by neighbors to bring this item to City Council. He stated he lives on Ila Street and the nature of the area has changed substantially. He spoke about the preservation of the neighborhoods. He gave a brief description of the ordinance. Joel Hersh, 622 North Wilson Avenue spoke about the tremendous amount of traffic on Wilson Avenue. He stated he would like the west one block of Louise changed to the same status as the west one block of Ila. Missi Walker, 405 West Louise Street spoke about her driveway being blocked and people parking on both sides of the street. She stated she would like Louise Street to be considered as part of the ordinance. Alan Wooten, 279 West Ila stated as the ordinance is proposed, he would be on the street where the restricted parking stopped. He stated the city is not going to fix the problem by moving it one block down the road and believes it will make it worse. Sarah and Al Jaber, 632 Vandeventer Avenue spoke about traffic and safety concerns. He stated people leave their vehicles for many days in the street. He requested to know if it is 72 hours or 14 days to park a car. Justin Clay, Parking Manager: The city code states that an illegally parked vehicle cannot be stored for more than 72 hours. The question becomes is it legally or illegally parked. I'm not familiar with a 14 -day requirement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 21 of 25 Jerry Patton, 524 North Shady Avenue stated cars are parked a long time and no spaces on either side of the street. He stated an emergency vehicle would have trouble getting down Ila Street. He requested to make it residential zoning or put some paid parking in. Thomas Debari, 506 North Vandeventer spoke about the lack of parking in the area. Sheryl Harton, 2164 Gentle Oaks Lane stated these are public streets and they should not be limited to just residents. She doesn't think cars should be parked for long periods of time and spoke about towing vehicles. Rolf Wilkin, 318 West Ila stated there are more people who live in the sorority houses than live in the entire south side of Wilson Park. He spoke about the lack of parking to accommodate the sorority houses. He wants Council to consider expanding it to the entire south end of Wilson Park. Peter Nierengarten, Environmental Director stated staff recognizes there is a challenge and a problem in this neighborhood. He stated he lives in the Wilson Park neighborhood and commutes by bicycle. He stated he looked yesterday and couldn't find hardly any available parking spaces in the entire area. He stated staff collected data on the problem. He stated the problem is not unique to the Wilson Park neighborhood and is a challenge in other university neighborhoods. He stated the topic should be visited by the Town & Gown Committee. He stated a solution is needed to discourage storage of automobiles on public streets. He stated if they expand the residential parking program, there needs to be revenue generation because of the significant enforcement impact on staff. Council Member Kinion: I'm on the Town & Gown Committee. I bring this issue to them every year and they don't care. Cindy Parette, 320 Ila Street spoke about her quality of life being reduced by the parking situation. Barbara Dillon, Ila Street spoke about this being an issue that should involve the university. She stated an operation change is needed between the city and U of A. Council Member Scroggin stated he has problem with talking about sorority's and not speaking to them beforehand. He understands that if they limit some of this parking group to residential only, it will push it farther down the road. He stated he works for the university and hasn't bought a parking pass in years. He stated he's not paying $300 and still not having a place to park by 8 a.m. because it's full. He spoke about the need to talk to the university. He spoke about paid parking. Council Member Petty stated he's concerned that the ordinance written is too broad and is a very blunt approach to solving the issue. He stated he's interested in investigating allowing non- residents the ability to pay and set the rate high enough to make a difference. He spoke about a limited number of residential permits being issued. He spoke about being weary about setting a precedent around Wilson Park where members of the general public can't park on the streets. He spoke about it currently being a very busy week in Fayetteville. He stated if the Town & Gown 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 22 of 25 Committee is useless, then we should abolish the committee. He stated there are some consequences of passing this legislation as it is and there might be better opportunities. Mayor Jordan: Staff wasn't recommending that the Town & Gown Committee would have the authority over City Council. They were wanting to get their input at a meeting and bring it back to the Council. I don't think Peter was recommending that. Is that correct? Peter Nierengarten: That's correct. Our thought on asking for input from the Town & Gown is to help us look if there are other neighborhoods surrounding the university that are seeing these similar impacts. To have discussion, but not give up the Council's decision-making authority. Council Member Petty stated he is worried about what will happen with traffic speeds on Ila Street if parking is removed from one side. He spoke about traffic studies. Council Member Smith stated it seems awkward to solve this parking issue by calling it part of the Entertainment District. He stated this is so different from the parking issues they see and the place where they just talked about alcohol assumption. He spoke about other neighborhoods having parking problems because of the university. He stated with the student loan crisis, he would not want to add more burden to students. Council Member Bunch spoke about touring the area. She stated it is a bigger problem than she even realized. Council Member Kinion spoke about all the good things that have come out of the Town & Gown Committee. He stated when it comes to issues like parking, it is not a priority with the university. He stated there is good local leadership on the committee, but they don't have authority. He spoke about city and state zoning. He stated he doesn't want Council to disregard the direct input from the neighbors. He spoke about the area suffering because of the terrible parking situation. Council Member Turk stated she lives close to the university by University Heights and they have different issues. She stated it's not a uniform problem. She stated the situation sounds desperate. She stated her experience with Town & Gown is that things move extremely slow and usually don't get resolved. She spoke about trying to solve the problem with a quick solution. Mayor Jordan reiterated what he heard Council say. There was a brief discussion about the Town & Gown Committee meeting schedule. Susan Norton, Communications & Marketing Director stated since the new committee structure was formed, they have been far more engaged. 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 August 20, 2019 Page 23 of 25 Amend §110.03 Small Cell Facilities and Networks: An ordinance to amend §110.03 Small Cell Facilities and Networks, and to declare an emergency. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams thanked Susan Norton, Blake Pennington, and Jonathan Curth for their work on the ordinance. Susan Norton, Communications & Marketing Director requested Council to consider the item and pass the item tonight. Jonathan Curth, Senior Planner gave a brief description of the ordinance. Council Member Smith: In long range planning we talk about underground utilities. What does that do to their co -location options? Will we be seeing poles springing up? Jonathan Curth: Potentially, yes. Unfortunately, that is the case despite the city's efforts to improve the aesthetics. We have worked into our existing ordinance to mitigate this by having some higher standard of aesthetic requirement, rather than just setting a wooden pole. It has gone against what we have been striving for in a lot of areas of town. Council Member Smith spoke about seeing poles a certain way in other Northwest Arkansas cities and stated it is unacceptable. Jonathan Curth: We had very high hopes for co -location opportunities. SWEPCO is the only utility in the city that has signed an agreement allowing providers to co -locate on them. ARDOT has said they don't want them on their traffic signals. The city generally doesn't want them on our traffic signals. Those structures are engineered for a very specific weight. To replace those could be in the range of six figures. Council Member Kinion stated this isn't exactly what he thought when stealth was spoken about. He stated he thought they were going to be decorative poles. Jonathan Curth stated the way the code is written is there are existing utility poles that can use those, if it's an area more characterized by lots of wooden utility poles. He spoke about the required look of poles in areas such as Dickson Street and the improvement corridors. He stated they approved about six to replace the Dickson Street lights with a cylinder on top. Susan Norton: We have permitted them, but they haven't installed them yet. City Attorney Kit Williams: We need to go forward with this so that we have any controls over them. If we had no controls, they would put up the cheap ones and not follow any of our regulations. This is why they had to rush to get this out. State law has placed a lot of restrictions on what we can require and with this group we have worked very hard to keep as much of our protections for the citizens as possible. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 20, 2019 Page 24 of 25 Blake Pennington, Assistant City Attorney spoke briefly about four proposed amendments to Exhibit A. He spoke about aesthetic standards, permit process, being treated differently from other utilities who has access to the right of way, and semantic disagreements. He stated it is technically infeasible to require small cell to be underground. He stated they have to have an ordinance that substantially implements the state law. He stated state law allows the city to recommend or require a provider to move a pole that's proposed for residential location, up to 100 feet away. He stated it has to be done unless it's technically infeasible or imposes substantial cost, but it is not a defined statute, so the city would have a fight over that. He stated an issue with AT&T is the city has a requirement that a residence can't be blocked with the pole. He stated AT&T feel they are being treated differently from other utilities, except all the other utilities in that circumstance would be underground and not in front of somebody's window. He recommended amending H(2) to say, New poles placed by the provider in public rights of way are permitted to be a maximum height of no more than fifty (50) feet or 10% taller than the tallest pole in place within three hundred (300) feet in the same right of way as of September 1, 2019. He recommended amending J(8) and S(2) where he refers to Appendix A, which was a carryover from the model, Small Cell Ordinance that was prepared by the Municipal League's Consultant, which he wants it to be changed to those sections. He proposed a Subsection Y that says, Any provision or portion of this ordinance which a court of competent jurisdiction determines conflicts with state law or is ambiguous shall be resolved in favor of the provisions set forth in the Arkansas Small Wireless Facility Deployment Act. City Attorney Kit Williams spoke briefly about supporting all the amendments. He thanked Blake Pennington for his work on the item. Council Member Smith thanked everyone for their work on the ordinance. Council Member Smith made a motion to amend H(2), J(8), S(2), and add Subsection Y to the ordinance as suggested by Assistant City Attorney Blake Pennington. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch 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 Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch 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 August 20, 2019 Page 25 of 25 Mayor Jordan thanked everyone for their work on the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Council Member Smith moved to approve an Emergency Clause. Council Member Gutierrez seconded the motion. Upon roll call the Emergency Clause passed 7-0. Council Members Turk, Smith, Gutierrez, Kinion, Petty, Scroggin, and Bunch voting yes. Council Member Marsh was absent. Emergency Clause Approved Ordinance 6220 as Recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director spoke briefly about announcements. All information about City of Fayetteville business can be viewed on the city's website. City Council Agenda Session Presentations: Agenda Session Presentation: Development Services Continuous Process Improvement Initiative Update Agenda Session Presentation: Partners for Better Housing — Willow Bend City Council Tour: Monday, August 19, 2019 4:30 PM 9:53 p.m. Jor , Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov