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HomeMy WebLinkAbout2019-09-17 - 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 September 17, 2019 City Council Meeting Minutes September 17, 2019 Page I of 26 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 September 17, 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, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee _Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. A copy of the report is attached. Council Member Smith moved to approve the Nominating Committee Report. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Minutes September 17, 2019 Page 2 of 26 Agenda Additions: None Consent: Mayor Jordan noted a slight change in wording on items 2, 3, and 4. He stated it allows the city to inspect all containers and the City Council agreed. Arkansas Fashion Week: A resolution to approve a short-term lease agreement with Arkansas Fashion Week for the airport hangar at 4578 South School Avenue for rent in the amount of $1,000.00. Resolution 204-19 as recorded in the office of the City Clerk Waste Solutions, LLC d/b/a Orion Waste Solutions: A resolution to approve an agreement with Inland Waste Solutions, LLC d/b/a Orion Waste Solutions for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. Resolution 205-19 as recorded in the office of the City Clerk Waste Management of Arkansas, Inc.: A resolution to authorize a two-year agreement with Waste Management of Arkansas, Inc. to haul and dispose of solid waste and recyclable material in Fayetteville with automatic renewals for two additional two-year terms. Resolution 206-19 as recorded in the office of the City Clerk Hogeye Mfg. Co Inc. d/b/a Hogbox: A resolution to authorize a two-year agreement with Hogeye Manufacturing Co, Inc. d/b/a Hogbox to haul and dispose of solid waste and recyclable material in Fayetteville with automatic renewals for two additional two-year terms. Resolution 207-19 as recorded in the office of the City Clerk Garver, LLC - Shiloh Drive and Steele Boulevard: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $241,850.00 for the design of the Fulbright Expressway Access Ramp Relocation Project, and to approve a budget adjustment. Resolution 208-19 as recorded in the office of the City Clerk Jacobs Engineering Group, Inc. f/k/a CH2M Hill Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the professional services agreement between the City of Fayetteville, Arkansas and Jacobs Engineering Group, Inc f/k/a CH2M Hill Engineers, Inc. in the amount of $3,860.00 for additional travel and labor expenses, and to approve a budget adjustment. Resolution 209-19 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 September 17, 2019 Page 3 of 26 Poplar Street Railroad Crossing Signals Improvement Project: A resolution to express the willingness of the City of Fayetteville to partner with the Arkansas Department of Transportation for the Poplar Street Railroad Crossing Signals Improvement Project with a 10% local match in the estimated amount of $30,000.00. Resolution 210-19 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc.: A resolution to approve a professional engineering services agreement with Hawkins -Weir Engineers, Inc, in the amount of $54,220.00 for conceptual drainage design services, and to approve a budget adjustment. Resolution 211-19 as recorded in the office of the City Clerk Garver, LLC - Missouri Creek Drainage Basin: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $346,700.00 for design services associated with a project to alleviate flooding within the Missouri Creek Drainage Basin, and to approve a budget adjustment. Resolution 212-19 as recorded in the office of the City Clerk Bid #19-37 Progressive Trail Design, LLC: A resolution to award Bid #19-37 and authorize a contract with Progressive Trail Design, LLC in the amount of $51,600.00 for the construction of approximately 6,600 feet of natural surface trail, armored stream crossings, and an overlook at Kessler Mountain Regional Park, and to approve a project contingency in the amount of $10,300.00. Resolution 213-19 as recorded in the office of the City Clerk DEMX Architecture: A resolution to approve a professional architectural services agreement with DEMX Architecture, pursuant to RFQ #19-01, in an amount not to exceed $52,000.00 for design and construction administration services associated with the renovation and replacement of existing restrooms in multiple city parks, and to approve a project contingency in the amount of $10,000.00. Resolution 214-19 as recorded in the office of the City Clerk Jacobs Engineering Group, Inc.: A resolution to approve a professional engineering services agreement with Jacobs Engineering Group, Inc., pursuant to RFQ #19-01, in an amount not to exceed $254,108.00.00 for biosolids master planning services associated with the City of Fayetteville's wastewater treatment options. Resolution 215-19 as recorded in the office of the City Clerk TheatreSquared Project Conveyance of Access Easements: A resolution to approve the conveyance of access easements to adjacent property owners and a general utility easement to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 17, 2019 Page 4 of 26 franchise utilities across real property owned by the City of Fayetteville at the Southeast corner of North West Avenue and West Spring Street associated with the TheatreSquared Project. Resolution 216-19 as recorded in the office of the City Clerk LSP 19-6795: (2763 N. Crossover Road/City Multi -Use Trails): A resolution pursuant to § 164.20 of the Unified Development Code to approve a lot split for property located at 2763 North Crossover Road, and to authorize the construction of a public multi -use trail on the non- conforming parcel. Resolution 217-19 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. 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 first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. At the August 20, 2019 City Council Meeting this item was tabled to the September 17, 2019 City Council Meeting. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan: We did a parking plan that was voted on by the City Council in 2016. I've challenged Justin Clay to bring the plan into some sort of working fruition. Thank you, Justin for all the hard work you have done on this plan. It went to the Ordinance Review Committee and it was decided to leave the ordinance as it is. Justin Clay, Parking Manager gave a brief description of the ordinance. He spoke about the strategies to increase public availability of the parking supply and utilization data. He stated data was reviewed at the Ordinance Review Committee and the committee voted 3-0, with one abstention to consider it as originally proposed. Catherine Corley, 80 West Lafayette read a letter she sent to Council Members. She spoke in opposition of the ordinance. Jensey Hale, 305 West Lafayette spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 5 of 26 Kay Weathers, 305 West Lafayette spoke in opposition of the ordinance. Rebecca Burks, Specialized Real Estate Group spoke in favor of the ordinance. Sterling Hamilton, 170 East Prospect spoke in favor of the ordinance. Council Member Kinion stated if you want to know how a neighborhood works, then talk to the neighbors. He stated there are some older adults on Lafayette that can't walk five blocks with their packages. He stated there is no underground or double decker parking in these spaces. He stated there is no increase in parking, but there is an increase in competition. He stated it's unfair to the residents because there's a low number of residents competing with an unlimited number of people coming to park in the neighborhood. He stated he can't support the ordinance. Council Member Smith stated the neighbors should be heard, but data is important to look at. He stated when talking about more competition, they will be charging for parking spots here at the same rate as the current zone of paid parking. He stated the utilization where it's paid, is still not full. He doesn't believe they will be inviting that much additional competition by charging the same rate that's already underutilized. He stated they could take the average utilization from the entire stretch of residential parking and put it in what's currently left over in the paid parking in a smaller area. He stated that tells him that the two zones together have a lot of unused parking, even at their peak times. He stated the numbers indicate they are going to be safe. He stated if the numbers are not what they expect, it could be undone in one night. Council Member Marsh: In previous discussions, Justin Clay has stated our optimized parking utilization is around 80%. The only time the data shows we are approaching that 80% utilization is on Sunday morning, which would not be effected by this change. This is public parking and part of our public streets. Seeing it underutilized is not fair to continue to reserve that for the private use of people who live along that corridor. The data shows we need to better utilize these parking resources. We spent a lot of money on a mobility plan and we hired top experts in the nation to make recommendations. What is the value in doing that if we are not going to try to implement their recommendations? We need to give this a try. Council Member Scroggin: I am in favor of this. I work at the U of A and I drive by this street. I have yet to see more than four cars parked in a row. I know it will go up some, when we add paid parking, but it won't be blocks. This is public and paid for by the City of Fayetteville. We have to find a way that everybody can use it. If we are going to pay money for studies and can't get the easier stuff through, then I will have to start voting against studies. I agree we should listen to neighbors and then go verify what they are saying. What I hear from the neighbors around Wilson is matching up. What I'm hearing from the neighbors on Lafayette is not matching up. We need to go with the data. Council Member Kinion: The previous parking study did not show that there was a shortage of parking in the Entertainment District. Am I right? Justin Clay: Yes, from a space count perspective. Not from a regulatory perspective. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 6 of 26 Council Member Kinion: In the Mobility Study of the Master Plan, is there a statement that says we should do mixed parking throughout the whole district? Justin Clay: The recommendation from the parking study was to convert all residential parking street segments to make them publicly available, but we are not recommending that. We are starting with two street segments. Council Member Kinion: Whenever we talk about if it doesn't work, we can reverse it. What does work mean and work for who? Justin Clay: More parking utilization and more people parking in the parking spaces. Council Member Kinion: Looking through the Mobility Plan, it doesn't seem like there is an urgency as there are other things in that plan that are much more urgent. We can still manage the parking in this area the way it is, the way we promised it, and respect the neighbors. I know we need this because I live in the area, especially for people without driveways, the elderly and disabled residents. Council Member Turk stated she would support splitting this into Lafayette and everything south because it would be a more appropriate way to handle it. She stated her disappointment in not having a neighborhood forum to discuss the issue. She spoke about the quality of life in the area. She stated if the city made a promise in the Master Plan to not change the parking, they need to honor it. Council Member Gutierrez stated she doesn't like when the city has something for people and then decide it's not the right thing. She stated the city is growing and they should have had the thoughts to think in the future. She stated it's not fair for some residents to have residential parking only on their street and others not. She stated looking at the data takes the emotion out of it. Council Member Scroggin: I am confused how we can promise private citizens access to publicly paid space in perpetuity. Can we do that and was that done 10 years ago? City Attorney Kit Williams: I don't remember any specific promises the City Council made that once they instituted the parking program, that no changes would ever be made. You couldn't make that promise because you can't tie the hands of a future City Council. If I had heard that, I would have cautioned who might have been saying that. None of you have the power to give a promise that what you are doing today, is never going to change. Council Member Bunch stated she was swayed by the data because it shows there are portions of the area not being utilized at their highest level. She stated if it creates huge problem in the future, it can be revisited. Council Member Petty stated he abstained from the vote on the Ordinance Review Committee because he wasn't sure at that point what he was going to do. He stated after looking at the data again he will be voting in support of the ordinance. He stated he lives on Spring Street in a mixed - 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 7 of 26 use district and it's not hard for him to park on his street. He stated the only time it is hard to find a spot is during the Farmer's Market. He spoke about not remembering promises being made. Mayor Jordan spoke about making a promise to a neighborhood about Markham Hill and not ever changing his vote from present zoning that it had before. He stated he made it clear the night he made the statement that a City Council can't bind the hands of a future Council. He spoke about the parking plan and parking utilization. He stated he can't ignore the data and if it doesn't work out in a short time, Council will re -look at it. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Gutierrez, Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Kinion and Turk voting no. Ordinance 6229 as Recorded in the office of the City Clerk 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, subject to the Bill of Assurance. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. Council Member Gutierrez 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 unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services stated he didn't have anything to add. He stated there has been a request from a neighborhood resident to do a presentation. Hugh Jarratt, Applicant's Representative stated this is the most walkable site they have ever had and the streamside buffer along most of this property is going to be more than the streamside calls for. He stated the city engineers are ahead of traffic in the area. He stated a residential use will lower the traffic count in the area below what a C-2 use or industrial use would generate. He stated the rezoning matches every city plan the City of Fayetteville has adopted. He stated the citizen presentation that is coming forward is not about this rezoning, but is about another piece of property. Council Member Scroggin moved to add a citizen presentation. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Brenda Wallner, 3582 North Buckingham Drive read a brief statement. She stated the proposed apartment complex will have an enormous impact to the city. She spoke about traffic, infrastructure, and quality of life concerns. She has concerns of diminished home values and challenges of living adjacent to a transient community. She stated she requested a meeting with 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 8 of 26 the developer to talk about preserving a portion of the land to help protect the riparian and urban forest habitat, but was denied a meeting. She spoke in opposition of the ordinance. Mike Wallner, 3582 Buckingham Drive gave a brief PowerPoint presentation. He stated he doesn't feel like the zoning request supports the goals the city has put in place. He spoke in opposition of the ordinance. Craig Curzon, 1518 Sussex Drive stated his understanding was that any zoning designation that allows for administrative approval is exempt from the Large -Scale Development process. He stated he wanted clarification on that. He spoke in opposition of the ordinance. Jeff Reddekopp, 3567 Buckingham Drive spoke about the area being very narrow where the apartment complex is being proposed. He spoke about population growth. He spoke in opposition of the ordinance. Dave Lencho, 3500 Buckingham Drive spoke about traffic and infrastructure concerns. He spoke in opposition of the ordinance. Ryan Billingsley, 3113 Warwick stated it feels like the city is fast -tracking the destruction of green space. He spoke in opposition of the ordinance. Jessica Short, 3588 Buckingham Drive spoke about traffic concerns. She spoke in opposition of the ordinance. Diana St Clair, 3595 Bellshire Drive spoke about the city goals. She spoke in opposition of the ordinance. Lawrence Gorski, 1753 Brookhaven Drive requested for the applicant to submit detailed plans and then request a rezoning. He spoke in opposition of the ordinance. Mayor Jordan: It's my understanding that the rezoning comes first, then the detailed plans later. Is that correct, Kit? City Attorney Kit Williams: That's right. With rezoning, you don't usually ever know for sure what's going to be built on the land. A rezoning decision allows the different uses in a zone and what the density can be. Later, if they propose a Preliminary Plat or Large -Scale Development based upon that zoning, then it must meet the zoning criteria. We have one zone that is called a Planned Zoning District that shows a little bit more of what a development might be, but that's purely optional with the developer or property owner. Most zoning is like what is being requested here with Community Services, which allows a multiple number of uses, size of unit, height, and density. That's all the City Council knows and what we are supposed to be thinking about. The Supreme Court has told us that is what we are to consider. We shouldn't consider projects because at this point there is no project on the table. Council Member Scroggin: Council needs to decide between I-1 and CS. What is the tree canopy coverage in I-1 versus CS? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 17, 2019 Page 9 of 26 Garner Stoll: I-1 is 15% and CS is 20%. Council Member Scroggin: There is a concern there won't be a review for this. If a Large -Scale Development goes through that includes part of the RMF -24, how will that be reviewed? Garner Stoll: The RMF -24, if it's over an acre, it requires the Planning Commission to approve the Large -Scale Development. In CS District, staff can approve a Large -Scale Development with the provision that it meets all the requirements of the district. Planning Commission has the ability to grant variances and waivers. Staff does not. Council Member Scroggin: What if there's a building that straddles the two zones? Garner Stoll: It would have to go through the Planning Commission. Council Member Scroggin: If they're not asking for a variance and it meets all our needs, the Planning Commission has to vote yes? City Attorney Kit Williams: Yes, if they are asking for a variance. However, the Planning Commission and Planning Department will be using the same standards to determine whether this meets all the requirements in the Unified Development Code. The Planning Commission doesn't have any greater discretion on approving or rejecting a parcel for Large -Scale Development. They must follow the Unified Development Code. Once property is zoned, that gives the developer the right to build what they want to do, if they follow all the rules, then it must be approved. Council Member Scroggin: Is there an expected traffic difference between I-1 and CS? Garner Stoll: If you go to the most intense of those two districts, I-1 would probably generate more. There was a brief discussion about height limits. City Attorney Kit Williams stated a traffic study is almost never requested for a rezoning. He stated for a traffic study to be valid, it requires a number of examinations of what is going to be built. He stated it doesn't mean that City Council can't consider traffic and congestion in a rezoning decision. Council Member Scroggin: If we say no on the rezone based on wanting a third zoning, is that an issue? City Attorney Kit Williams: For the land that's before you, the City Council can determine that they don't like the proposal and current zoning. You could use your legislative power to propose another zoning, but I don't think I have seen that happen a single time in the 18 years I've been the City Attorney. If you don't like the proposed rezoning, then you can vote it down. I'm not saying you don't have the power to do another rezoning because we've done mass rezoning's in the 1970's, you didn't get consent of all the landowners. The City Council has great legislative power in rezoning's. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 10 of 26 Council Member Scroggin stated he needs to be convinced that I-1 is better for the neighborhood than CS, to not vote for that. Council Member Petty: What's the tree cover of the parcels? Garner Stoll: Currently, 15%. Council Member Bunch: The Bill of Assurance covers the proposed rezoned property, but it also covers another piece of property that we aren't supposed to talk about tonight? Mayor Jordan: Correct. Council Member Bunch requested for a map to be displayed on the screen. There was a brief viewing of the zoning districts map where the stream and trail run. Council Member Kinion stated this is a complicated piece of property. He doesn't think the I-1 zoning could be developed with the acreage and terrain that is there. He stated there is a more appropriate zoning than I-1 and C-2. He stated traffic is a problem, but the main problem is high density along Mud Creek. He stated there will not be the protection of runoff. He stated this is not the place to put asphalt. He spoke about the terrain and velocity of water in the area. He stated people use the Vision 2050 and City Plan 2030 documents to support two sides of an argument because everyone sees them differently. He stated Council needs to look at the reality of an impact of a zoning, not a development unless it's a PZD, and look at the worst-case scenario of a zone. He spoke about this being the wrong zoning for this property. He spoke in opposition of the ordinance. Council Member Turk spoke about climate change. She stated the whole area was flooded in 2011 and questions the sensibility in allowing anything to be built there. She stated a huge chunk of the property is in the floodplain. She spoke about stormwater runoff. She stated traffic is terrible in the area and doesn't think the addition of the new road will take pressure off it. She stated the city needs to plan and build within the context of having flash floods and climate change. She spoke in opposition of the ordinance. Council Member Bunch stated she has thought about all the reasons why this might be a preferable rezoning. She spoke about this being an area where people might want to live. She stated housing is more desirable than a factory being there. She spoke about the trail system. She stated Council has to decide if this is an appropriate place to put something that is more in line with what the property next to it is already zoned. She stated a large number of apartments requires a large number of parking. She stated that poses a problem for her when considering runoff right on the creek. She spoke about the topography of the property. She stated this area has had flooding in the past. She spoke about her traffic concerns. She stated the Bill of Assurance ties all the properties together, which in her opinion is a good thing. She stated this rezoning isn't the best option. She stated she wouldn't be voting in favor of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 wwwfayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 11 of 26 Council Member Marsh: The last thing I want to see is another Lindsey Apartment Complex, especially built in a floodplain, but the CS zoning is superior to the existing I-1. We have a need for workforce housing and we need housing that minimum wage workers can afford. I am concerned about the lack of connectivity in this area. I don't think the Sang Street extension is going to do that much for us, but it's approved and is going to be built. This needs to include some other neighborhood services so this is a mixed-use neighborhood. You can build responsibly in a floodplain, but I don't believe our codes are going to require the level of responsibility that is needed in this sensitive area. Based on the stormwater issue, I want to see a PZD. I think I'm going to vote against this and hope we see a better proposal that meets more of our comprehensive long- range goals. Council Member Smith spoke about his thinking process of making a commitment that he was not going to turn away a better decision or better situation, holding out for a perfect one. He stated this has the potential to be a high-density project. He stated it is better to plan for traffic in the future, than traffic now. He stated this has the opportunity to put people near an existing trail. He stated the Bill of Assurance allowed the RMF -24 portion next door to be discussed because it's included as part of the conditions on this property. He stated this isn't the right set of limits to put on the eastern part. He spoke about the floodplain. He stated this is not the better option from what they have right now. He spoke about different options, such as a PZD. He requested to know if they don't like the zoning that's there and don't like the zoning proposed, can Council zone something a PZD without a plan and with the expectation of a plan in the future. City Attorney Kit Williams stated no, you can't. He spoke briefly about the PZD process. Council Member Smith: I think I will vote no on the plan in front of me and hope that a better one comes forward. Council Member Scroggin stated it's been known that since the 1960's that grouping people densely together is far better for the environment than spreading them out. He stated he is interested in having something that has density and residential. He stated it may not be mixed-use, but it will make the area mixed-use. He stated he's interested in a PZD. He stated that does not mean it derails the project because if something reasonable with high density is offered, he will probably be in favor of it. City Attorney Kit Williams: Rather than voting no, we could table it. This gives the developer and Planning Department a chance to come back with a better zoning that the City Council would be more likely to accept and neighbors would like too. Council Member Scroggin: I'm concerned we are going to mis-zone stuff just so we push development past. I'm sure 1-1 will get developed as soon as the road goes in. We need to make sure it's zoned correctly and not just zone it something the applicant doesn't want so it goes away. That would not be a good way to move the city forward. Council Member Gutierrez stated from the beginning the land was inappropriately zoned and now they are having this conversation on this sensitive area. She stated having commercial on a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 12 of 26 creek is a terrible idea, especially in a floodplain. She spoke about the topography of the area and flooding issues in the area. She spoke in opposition of the ordinance. Council Member Smith: If we table the item, what is the renotification requirements? Garner Stoll: I believe it would be re -notified and it is 15 days. I suggest you consult with the applicant whether that's something they would entertain. If we are talking about a PZD, it will take more time. The PZD requires very specific plans that have to be put together. Council Member Petty: Mr. Jarratt, would you prefer for it to be tabled or prefer a clean, no? Hugh Jarratt: If we table it for two months, from an engineering standpoint, we would have to have that amount of time to get the level of detail Mr. Stoll discussed. We would also have to get an extension from the landowner. Council Member Petty stated CS is a fine zoning and is appropriate compared to what's there. He stated the third parcel that is zoned RMF -24 is not the best zoning for that property. He stated he's not concerned about I-1 because when the road is complete, all the land is likely to be developed even if it never gets rezoned. He stated the bigger threat to the long-term health of the area is C-2, which is what all of Frontage Street has been developed under and most of Joyce Boulevard. He spoke about floodplain development concerns. He stated he would like to see a commitment to low impact development techniques and flood control above and beyond what's required in the current ordinance. He spoke about tree preservation. He spoke about traffic issues. He stated one of the reasons he likes higher density housing in this location is because retail follows rooftops. He stated Mud Creek is formally designated as an endangered waterway with respect to pollution. He stated almost all of it comes from parking lots that were developed on C-2 parcels. He stated he's in support of the intent behind CS. He stated he would like to work with somebody to have better floodplain management rules for all developments across all the floodplains in Fayetteville. Council Member Scroggin: What time frame do you think is best? Hugh Jarratt: We would need two months, minimum. Council Member Scroggin: I feel two months is appropriate. Mayor Jordan stated he appreciates the discussion on PZD's. He stated when he was first on the City Council, PZD's helped avoid what they are experiencing currently. He spoke about how it worked for him when he was a Council Member because everybody compromised and things got worked out. He spoke about the history of form based zones. He stated they are now starting to rub against neighborhoods. He encouraged the use of a PZD. He stated on one hand you don't want to hold development up, but on the other hand you don't want a whiplash from a neighborhood. He stated the PZD is a longer process, but most everybody will be on the same page. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 13 of 26 Council Member Scroggin moved to table the ordinance to the November 19, 2019 City Council meeting. Council Member Marsh seconded the motion. Upon roll the motion passed 6-2. Council Members Gutierrez, Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Kinion and Turk voting no. This item was Tabled to the November 19, 2019 City Council meeting. 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. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. There was a brief discussion about needing more time to review the proposed ordinance. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He requested a month to table the item to allow more time to work on the ordinance. Council Member Petty asked Devin to compare other districts in Arkansas. Devin Howland described the nature of the districts that other cities in Arkansas have established regarding things such as event based, permits, and street closures. Council Member Petty: Did Fort Smith's pass? Devin Howland: Not to my knowledge. Garner Stoll: The sidewalk cafe is not a conditional use. It's by right use. Devin Howland spoke about being able to serve with traditional glassware, not in the designated cup at the table. Council Member Petty stated he would be interested in hearing about anybody that adopts another ordinance in the meantime. Devin Howland: We will do more research on the existing cities. Council Member Petty stated he was happy to take more time for the ordinance. He stated he had heard concerns from people about Dickson Street being required to be closed. He spoke about not seeing the logic in requiring the street to be closed. He stated none of the other cities across the country that have districts like this require the streets to be closed. He stated a lot of people leaving the bars today without a cup in their hands are already in a state of inebriation. He stated he doesn't think there is much of a change whenever there is an open container situation. He stated they are being timid by restricting this to events only. He stated if other cities can crack the nut on responsible public drinking, so can Fayetteville. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 17, 2019 Page 14 of 26 Council Member Turk: I think Texarkana passed something and I'd be interested to see what they come up with. Devin, can you look at college towns across the country and what they have done? We have a vibrant college base and I would like to know how other cities have been able to control it, enhance it, but not overdo it. Devin Howland stated he would be happy to look into Council Member Turk's request. Council Member Scroggin stated he had worked in security at a bar and found that it was the non -university students that more likely ended up in fights. Council Member Petty: If the ordinance is tabled, I request the ordinance be separated so the sidewalk cafes portion can be passed in a clean version. I don't see any reason to hold that up. Council Member Turk: Are we making a motion to table both pieces or are we going to separate them out? City Attorney Kit Williams: It's one ordinance now. On October 15, 2019, we can have a separate one for the sidewalk cafes. To table half an ordinance for a month and then the other for two weeks when they aren't separated yet is not parliamentary possible. Council Member Petty: It would be great to see them come back as two separate pieces. Devin Howland: If they come back as separate that would enable us to get communication out. In order to activate the rule of the Entertainment District, we have to designate an Entertainment District and adopt it. I would like to communicate to the business community so they don't think we are jumping the gun. Mayor Jordan spoke about not being in a hurry. Council Member Petty moved to table the ordinance to the October 15, 2019 City Council meeting. Council Member Scroggin seconded the motion. Upon roll the motion passed unanimously. This item was Tabled to the October 15, 2019 City Council meeting. Buffington Weir, LLC: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Buffington Weir, LLC, for the installation of a water main along a portion of Rupple Road, with the estimated amount of $206,070.00 to be paid by the City of Fayetteville, to approve a project contingency in the amount of $30,900.00, and to approve a budget adjustment. At the September 3, 2019 City Council meeting this ordinance was left on the first reading. City Attorney Kit Williams: We will need an amendment on this before Mayor Jordan reads the title. Tim Nyander discussed at the last meeting that the amount needed to be changed. I have handed out to Council the changed ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 15 of 26 Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Marsh moved to amend the ordinance with the correct dollar amount. Council Member Turk seconded the motion. Upon roll the motion passed unanimously. Council Member Smith 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 Gutierrez, Marsh, Kinion, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. Tim Nyander: The city will benefit from this project. It will be less expensive and less disruptive as it's done by the developer and the developer's contractor. Council Member Gutierrez stated the project contingency amount is different than what was handed out. City Attorney Kit Williams: The project contingency figures I was given was $30,320. Is that not correct? Tim Nyander: It's $39,323. There was a brief discussion about the correct amount of the project contingency. Council Member Gutierrez moved to amend the project contingency to $39,323. Council Member Marsh seconded the motion. Upon roll the motion passed unanimously. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6230 as Recorded in the office of the City Clerk New Business: Amend §114.02 Farmer's Market (B) Expanded Saturday Use of the Square: An ordinance to amend § 114.02 Farmer's Market (B) Expanded Saturday Use of the Square to close Center Street to vehicular traffic. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes September 17, 2019 Page 16 of 26 Council Member Petty stated he wanted to give Council a chance to hear Dane Eifling present research on the ordinance. He stated a member of the Farmer's Market Board would like to speak. Dane Eifling, Bicycle and Pedestrian Programs Coordinator for the University of Arkansas and contracted work as a staff representative for the City of Fayetteville. He spoke briefly about Center Street and the potential benefits of expanding the Farmer's Market. Council Member Turk: What is behind this idea and how did it get started? Dane Eifling: It's been a long time in the making. I believe it was through some informal conversations between myself, the Farmer's Market staff, and Farmer's Market Board. We brought the idea to the Development Services Director, who advised me to put together a proposal. Council Member Turk: Did the Farmer's Market Board meet and approve this plan? Dane Eifling: I would defer that topic to Chuck Rutherford who is here to speak on behalf of the Farmer's Market Board. Garner Stoll, Development Services Director: Chuck is a City of Fayetteville employee, but tonight he is representing the Farmer's Market Board. Chuck Rutherford, Chairman of the Farmer's Market Board and Vendor: There are some vendors of our market that do not want to see Center Street closed to cars. We have a membership meeting twice a year. We have a meeting on November 16, 2019. We are going to have the full membership vote on this. I am requesting Council to table this until after that meeting. Council Member Petty: I am fine with tabling. Have you had any formal discussions with the membership up to this point? Chuck Rutherford: We have discussed this at the board level for about a year. There has not been a formal vote. The board is in favor to close Center Street for safety. Council Member Marsh: I heard reports that our square is not ADA accessible. How will this proposed change impact ADA accessibility of the market? Chuck Rutherford: If it passes and the street closes, the board has talked about how to utilize it to the best interest of vendors and the public. Maybe at one of the intersections, which are flat and the road would be closed to cars, it could be designated as a loading zone for people who need assistance. Not an ADA parking space, but a place to exit or enter a vehicle. Council Member Marsh: It appears the existing condition would be challenging for people with mobility issues. They have to navigate the crowd and the grade changes to transition from the portions of the market that are on -street to the portion of the market that's still on the sidewalk. Are there any benefits in improving accessibility by making this change? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 17 of 26 Garner Stoll: There are some challenges right now with the crowding on the northside. There are some things that need to be done if you choose to close the street. We think it will be a net improvement, in terms of ADA accessibility. Chuck Rutherford: Being in the street would give more space for people with disabilities to travel and not be in such a tight area. Council Member Petty stated this is something he has believed would be a benefit to the market and citizens of Fayetteville for a long time. He spoke about a similar proposal for Block Avenue from several years ago. He stated there is a safety issue on the street every Saturday morning. He stated this would open the street up to vendors, walkers, and wheelchairs. Council Member Smith: Is this mandating the street be closed on Saturday morning or authorizing the Farmer's Market management to close it? City Attorney Kit Williams: It mandates it to be closed during the operation of the Farmer's Market. Council Member Marsh: I have concerns about tabling it. This is a change we have been needing to make for a long time. It's a known safety challenge and it presents barriers to accessibility. I would like to pass it tonight. Council Member Scroggin spoke against tabling. He stated this is needed. Council Member Kinion: I have received a lot of calls and that is a compelling reason to table it. People want clarification and they want their voice to be heard. Mayor Jordan spoke about the many vendors at the Farmer's Market on Saturday that asked why he was closing the street. He stated the vendors are upset. He stated he was told that the board was not in favor of closing the street right now because there had not been a final vote. He spoke about tabling the item to allow more time for discussion. Council Member Smith: Did any of the vendors articulate why they are opposed to it? Mayor Jordan: Some of the vendors were concerned about other vendors being on the street. They felt like it took away from their business. Council Member Smith: Competition? Mayor Jordan: That is a fair statement. They did not feel like they had been heard and did not feel that the board was in support. Chuck Rutherford: There are vendors who have been there for 30 years and they don't want the change. We closed Center Street a couple of times as a special event. A few of the vendors on Center Street were not happy because it was a hot day and they didn't have the shade trees. Some vendors on Center Street want it to be like the rest of the Farmer's Market. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 18 of 26 Council Member Smith: When this came up on Block Street, were there similar concerns? Chuck Rutherford: Yes. Council Member Smith: Did it impact vendors at the market on Block Street? Did they experience a change? Chuck Rutherford: You are going to hear both sides. City Attorney Kit Williams: Is it true that the vendors get to select their spaces by how much they sold and usually the spaces along Center Street are the ones that get chosen first? Chuck Rutherford: Correct. The corners are the largest spaces now and those are the first ones chosen. We are on a point system. Center Street is the first street to completely fill up under the point system. Mayor Jordan: Some of the comments I heard was that originally it was made for farmers and now they are being somewhat pushed out. Council Member Marsh: Do we need to table this or could we just leave it on the first reading? Mayor Jordan: Chuck wants to wait until his board can vote on it in November. Dane Eifling: With the ordinance change, we are not mandating more vendors to come in or forcing any decision to be made by the board. The Farmer's Market is able to program the space as much or little as they would like. This change enhances the pedestrian space that is available and improves safety. City Attorney Kit Williams: Tabling would give the city a chance to look at the safety issues. The Police Department could see what kind of accidents have occurred during the Farmer's Market on Center Street. I've been at the Farmer's Market a lot. I have yet to see a traffic accident on Center Street, but it doesn't mean it hasn't happen. We could get some data, rather than impressions on whether it is safe. Council Member Petty moved to table the ordinance to the November 19, 2019 City Council meeting. Council Member Gutierrez seconded the motion. Upon roll the motion passed 5-3. Council Members Gutierrez, Kinion, Petty, Turk voting yes. Mayor Jordan voting yes. Council Members Marsh, Scroggin, and Smith voting no. Council Member Bunch was absent during the vote. This item was Tabled to the November 19, 2019 City Council meeting. Highway 112 and Highway 71B Improvements Projects: A resolution to express the willingness of the City of Fayetteville to partner with the Arkansas Department of Transportation 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 19 of 26 for the Highway 112 -Truckers Drive to Van Asche Drive Improvements Project and the Highway 71B Improvements Project. Chris Brown, City Engineer gave a brief description of the resolution. He stated staff and the Transportation Committee recommends approval. Council Member Turk: It would be super if the city took these two highways over. My concern is long-term maintenance and how that has been budgeted into the future. How have you planned to be able to maintain? Chris Brown: The Highway 112 section will remain under the jurisdiction of the Highway Department. They are building that and will retain it. We are only talking about 6.5 miles of 71-B. A large part of that roadway has been overlaid recently, so it's in new condition. The 1.5 million was the amount of money the Highway Department represented to be the cost to get it into like new condition. That's the funding they provided. We don't have to use it for maintenance, but it would be made available. Right now, the city maintains the signal system, all the sidewalks that have been built, and trees that have been installed along the roadway. We already do a lot of the maintenance task along the roadway. We are only talking about pavement maintenance. To overlay that from one end to the other in today's dollars is about a 2.5 million project, but we would not do that all in one year. We would put that into our pavement maintenance system and do maintenance to the facility as we need it. It would be incorporated into the Transportation Division's budget and they would maintain that roadway as necessary. Council Member Turk: That's still going to be an increase cost down the road that has to be budgeted. There will have to be an increase within the maintenance budget to maintain that in 15 years. Chris Brown: Right, it'll be included. We will do surface treatments, overlays or what might be necessary. Garner Stoll: If we make this a more livable corridor and encourage housing, jobs, and retail, the tax base will go up. The Transportation Department has a mission to move traffic. The community's goals are much broader than that. The community wants this road to be safer, attractive, and more useable for all modes of travel. The top priority for the community is to see more private investment along the corridor. Council Member Marsh stated that State Highway has been a barrier to economic development, livability, and well-being of the city. She stated to be able to take control of it is huge. She spoke about a livable transportation network. She stated this is an opportunity to improve stormwater. She thanked the staff for their work. She stated this is one of the most exciting things the city has undertaken since she has been on the Council. Council Member Gutierrez stated she is excited about seeing 71 Business transformed into a friendlier place for people to live. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 20 of 26 Council Member Smith stated there are a lot of bad roads in Fayetteville and the hardest thing is telling somebody the city can't do anything about it because it belongs to somebody else. He stated this is an opportunity to take the city's biggest bad road and to finally do something about it. He hopes it's not the last of these types of arrangements. He stated while it will cost the city more, it should pay out so much more in the city's ability to transform the street scape. Council Member Scroggin: I've talked to people who do executive searches. They mention the difficulty of flying people into Drake Field and then having to show them 71-B. I know we are losing talent because of 71-B. I'm excited we have the opportunity to make these changes. There is a cost, but it will pay dividends. Council Member Petty congratulated Chris Brown and his team. He spoke about the many years he had hoped this would happen and it will always be a moment he cherishes. He stated if they overlay the road every 15 years, which is aggressive for road maintenance schedules, it comes out to only needing about $200,000 in additional tax revenue from the corridor each year. He stated that isn't very much when it is a 6.5 mile corridor and the kinds of developments that the city wants to happen there. He spoke about being aggressive on the college corridor in supporting development. He spoke about it being a very momentous occasion. He stated everyone who experiences Fayetteville, experiences College Avenue. Mayor Jordan spoke about his excitement. He thanked the Highway Department, Chris Brown, Garner Stoll, Don Marr, City Council, and staff. He stated it is a historic moment. Council Member Marsh stated this is going to allow the city to heal Archibald Yell Boulevard and reconnect the neighborhood with downtown. She stated it will enable kids that live in the neighborhood to walk to Washington Elementary. She spoke about pedestrians being able to walk. She spoke about making a main street that the City of Fayetteville can be proud of. Council Member Smith spoke about local control. Council Member Smith moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Resolution 218-19 as recorded in the office of the City Clerk RZN 19-6748 (203 E. 13th St./Davis): An ordinance to rezone that property described in rezoning petition RZN 19-6748 for approximately 0.21 acres located at 203 East 13th Street from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 21 of 26 Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated no issues were identified at the Planning Commission. He stated staff and the Planning Commission recommends approval. Tommie Davis, Applicant requested for Council to approve her rezoning. There was a brief discussion about not receiving any public comment. Council Member Scroggin 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 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 Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6231 as Recorded in the office of the City Clerk RZN 19-6787 (3313 W. Mt. Comfort/Cooper): An ordinance to rezone that property described in rezoning petition RZN 19-6787 for approximately 0.60 acres located at 3313 West Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre to 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 no issues were identified at the Planning Commission. He stated staff and the Planning Commission recommend approval. Andrew Cooper, Applicant requested for Council to approve his rezoning. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-1. Council Members Gutierrez, Marsh, Kinion, Petty, Turk, and Smith voting yes. Council Member Scroggin voting no. Council Member Bunch was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 22 of 26 City Attorney Kit Williams read the ordinance. Council Member Scroggin: Would a gas station be allowed in NS -G? Garner Stoll: No. 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6232 as Recorded in the office of the City Clerk VAC 19-6768 (SE of Armstrong Ave. & Happy Hollow Rd./Fay. Fleet): An ordinance to approve VAC 19-6768 for property located Southeast of South Armstrong Avenue and Happy Hollow Road to vacate a portion of a general utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Council Member Scroggin 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 23 of 26 Ordinance 6233 as Recorded in the office of the City Clerk VAC 19-6775 (2621 E. Mission Blvd./East Mission Commercial): An ordinance to approve VAC 19-6775 for property located at 2621 East Mission Boulevard to vacate a portion of a general utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Joe Fifer, Crafton Tull stated he was available for any questions. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 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 Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6234 as Recorded in the office of the City Clerk VAC 19-6782 (SE of W. McMillan Dr. & N. Pam Angus Dr./Springs Hospitality): An ordinance to approve VAC 19-6782 for property located Southeast of West McMillan Drive and North Pam Angus Drive to vacate portions of an electrical easement and a general utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Dillon Bentley, Engineering Services stated he was available for any questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 24 of 26 Council Member Marsh 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6235 as Recorded in the office of the City Clerk Amend Ordinance 6168: An ordinance to amend ordinance 6168 to authorize the payment of applicable freight charges associated with the replacement of a rotating assembly and repair of a motor drive in an influent pump used at the Noland Wastewater Treatment Facility. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Turk 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 17, 2019 Page 25 of 26 Ordinance 6236 as Recorded in the office of the City Clerk 2019 Millage Levy: An ordinance levying a tax on the Real and Personal Property within the City of Fayetteville, Arkansas, for the year 2019 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations, and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member Gutierrez 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 Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Turk, and Smith voting yes. Council Member Bunch was absent during the vote. Ordinance 6237 as Recorded in the office of the City Clerk Announcements: City Attorney Kit Williams: The Ordinance Review Committee members wanted to be sponsors of some bills. I have the Agenda Request item for you to sign. Susan Norton, Communications & Marketing Director spoke about the city having paperless billing. She spoke about the welcoming plan, bulky waste clean-up, Bikes, Blues and Barbeque, businesses licenses, and the Speak Up page. She stated all information about city business can be viewed on the City of Fayetteville website. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www-fayetteviIle-ar.gov City Council Meeting Minutes September 17, 2019 Page 26 of 26 City Council Agenda Session Presentations: Agenda Session Presentation - 2019 Levy Recommendation and General Fund Budget Discussion. Agenda Session Presentation - The Future of Biosolids Study City Council Tour: None Adjournment: 9:45 p.m. Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position 1 Nominating Committee Report September 12, 2019 Sonia Gutierrez Council Member Ward 1 Position 1 Teresa Turk Council Member Ward 4 Position 1 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Mayor recommends the following candidates for appointment: HISTORIC DISTRICT COMMISSION Meredith Mahan — One unexpired term ending 06/30/20 Jason Smith — One unexpired term ending 06/30/22 TOWN AND GOWN ADVISORY COMMITTEE Hope Davenport — One University of Arkansas Student Living Off Campus Appointed by the Mayor term ending 09/30/21 The Nominating Committee recommends the following candidates for appointment: TOWN AND GOWN ADVISORY COMMITTEE Donna Daniels — One Community Citizen at Large term ending 9/30/21 - Representing Ward 1, 2 or 3 ANIMAL SERVICES ADVISORY BOARD Vacant — One unexpired Licensed Veterinarian/Veterinary Professional term ending 06/30/22 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Vacant — One unexpired term ending 03/31/24 ENVIRONMENTAL ACTION COMMITTEE Jeffery Chavis — One unexpired Community Citizen at Large term ending 06/30/21 FAYETTEVILLE ARTS COUNCIL Anthony Ball — One unexpired Arts and Cultural/Citizen at Large term ending 06/30/21 Olivia Trimble — One unexpired Working Artist term ending 06/30/20 Joelle Storet — One unexpired Arts and Cultural term ending 06/30/20 PEG ADVISORY BOARD Caleb Talley — One unexpired term ending 06/30/21 Vacant — One unexpired term ending 06/30/21 PUBLIC FACILITIES BOARD Kara Paxton — One term ending 12/31/25 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov