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HomeMy WebLinkAbout2020-03-03 - 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 Kara Paxton City of Fayetteville Arkansas City Council Meeting March 3, 2020 City Council Meeting Minutes March 3, 2020 Page 1 of 16 Council Member Sloan Scroggin Ward 3 Position I 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 March 3, 2020 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, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Kara Paxton, Staff, Press, and Audience. Absent: Council Member Sloan Scroggin Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: State of the City Address - Mayor Lioneld Jordan Mayor Lioneld Jordan read the State of the City Address. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Rc ort Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar. gov City Council Meeting Minutes March 3, 2020 Page 2 of 16 Agenda Additions: 2020 COPS Hiring Program Grant Application: A resolution approving an application for a 2020 COPS Hiring Program Matching Grant in the amount of $250,000.00 to fund two (2) Police Officers, for a period of four (4) years with the $312,710.00 matching requirement split proportionally between the City and Fayetteville Public Schools. Council Member Marsh moved to add the 2020 COPS Hiring Program Grant Application to the agenda. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the resolution. Mike Reynolds, Chief of Police gave a brief description of the resolution. Council Member Petty moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. Resolution 73-20 as recorded in the office of the City Clerk Consent: Approval of the January 21, 2020, February 4, 2020 and February 18, 2020 City Council meeting minutes. Approved Bid #19-53 Krapff Reynolds Construction Company: A resolution to award Bid #19-53 and authorize a one year contract with Krapff Reynolds Construction Company in the amount of $590,789.00 for rehabilitation of sanitary sewer manholes throughout Fayetteville. Resolution 74-20 as recorded in the office of the City Clerk Burns & McDonnell Engineering Company, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $91,282.00.00 for construction management and observation services associated with the utility relocations at I-49 and Wedington Interchange Project. Resolution 75-20 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. Amendment No. 3: A resolution to approve Amendment No. 3 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 3, 2020 Page 3 of 16 amount not to exceed $30,410.00 for advertisement and bidding services associated with the Benson Mountain Pressure Plane Improvements Project. Resolution 76-20 as recorded in the office of the City Clerk CH2M Hill Engineers, Inc.: A resolution to approve an out -of -scope agreement with CH2M Hill Engineers, Inc. in an amount not to exceed $596,335.00 for Task 4 of the software upgrades to the SCADA system used by wastewater treatment facility operations, lift station operations, and water distribution system operations. Resolution 77-20 as recorded in the office of the City Clerk Bid # 62123-1903 Grasshopper Construction, LLC: A resolution to award Bid # 62123-1903 and authorize a contract with Grasshopper Construction, LLC in the amount of $23,417.70 for Community Development Block Grant rehabilitation of an eligible residence located at 621 Laura Lee Street. Resolution 78-20 as recorded in the office of the City Clerk Surdex Corporation: A resolution to approve a contract with Surdex Corporation in the amount of $28,000.00, pursuant to a federal General Services Administration cooperative purchasing program, for aerial photography services for the Geographic Information Systems Division. Resolution 79-20 as recorded in the office of the City Clerk 2020 USGS Joint Funding Agreement: A resolution to approve a joint funding agreement with the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2020 with the amount paid by the city not to exceed $61,721.00. Resolution 80-20 as recorded in the office of the City Clerk BKD, LLP: A resolution to authorize Mayor Jordan to sign an engagement letter with BKD, LLP and pay an amount not to exceed $112,770.00 for auditing services for the 2019 audit. Resolution 81-20 as recorded in the office of the City Clerk Duke Real Properties LLC: A resolution to authorize Mayor Jordan to sell approximately 5 acres of city property located at 2512 South Industrial Drive to Duke Real Properties, LLC for $80,000.00. Resolution 82-20 as recorded in the office of the City Clerk 2020 LEED for Cities and Communities Grant: A resolution to authorize acceptance of a 2020 LEED for Cities and Communities Grant awarded by the U.S. Green Building Council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 4 of 16 Resolution 83-20 as recorded in the office of the City Clerk 90/10 Assistance to Firefighters Grant: A resolution to authorize an application for a 90/10 Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $300,000.00 for the purchase of two brush truck vehicles for the Fire Department. Resolution 84-20 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. Unfinished Business: RZN19-6966 (1340 N. Porter Rd./Ross): An ordinance to rezone that property described in rezoning petition RZN 19-6966 for approximately 1.38 acres located at 1340 North Porter Road from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate, Urban. At the February 18, 2020 City Council meeting this ordinance was left on the First Reading. Council Member Smith 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 Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he did not have anything new to add and was available for questions. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Turk stated she doesn't believe the zoning designation is compatible with the neighborhood. She stated there are no restrictions on density. She stated she will not support the ordinance. Council Member Marsh stated she takes issue with the idea that there's no restrictions on density. She stated there are restrictions on lot size and amount of street frontage. She spoke about the city's existing development pattern. She stated there is a housing crisis in the community. She 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 5 of 16 stated by refusing to allow reasonable density in close proximity to where people want to live, work and shop is exasperating the crisis. She spoke in favor of the ordinance. Council Member Smith spoke about the rezoning request being compatible with the area. He spoke about the neighborhood being diverse. Council Member Turk stated the neighborhood to the south and east is very stable. She stated it is good to see that people are remodeling and restoring houses. She spoke about respecting the neighborhood and its integrity. She spoke about how it could be a domino effect where the neighborhood could change. She stated she will not be supporting the ordinance. Council Member Bunch spoke about the area. She stated it is not that far away from existing apartments, a school that's within walking distance, a bus stop, and I-49. She stated she will be supporting the ordinance. She requested to know if the older structure house was vacant on the property. Garner Stoll: It appears to be vacant. Council Member Bunch: It has not been in good condition for a long time. It is time to revisit this property and find a new use for it and this is an appropriate one. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-2. Council Members Bunch, Smith, Gutierrez, Marsh, and Petty voting yes. Council Members Turk and Kinion voting no. Council Member Scroggin was absent. Ordinance 6288 as Recorded in the office of the City Clerk C-PZD 19-6952 (5102 W. Wedington Dr./LBDG Wedington): An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 19-6952 for approximately 8.60 acres located at 5102 West Wedington Drive to allow the development of mini -storage units and accessory office and retail space. At the February 18, 2020 City Council meeting this ordinance was left on the First Reading. Garner Stoll, Development Services Director: I got a call from the applicant's representative this afternoon. He requested that you table this until the March 17, 2020 City Council meeting. 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 Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. This ordinance was left on the Second Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 6 of 16 New Business: Bid #20-07 Forsgren, Incorporated: A resolution to award Bid #20-07 and authorize a contract with Forsgren, Inc. in the amount of $2,495,705.00 for the utility relocations associated with the I-49 and Wedington Interchange Project, to approve a project contingency in the amount of $249,570.50, and to approve a budget adjustment recognizing reimbursement by the Arkansas Department of Transportation. Tim Nyander, Utilities Director gave a brief description the resolution. He stated the Water & Sewer Committee voted unanimously to forward it to Council for approval. Council Member Kinion moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 6-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Petty was absent during the vote. Council Member Scroggin was absent. Resolution 85-20 as recorded in the office of the City Clerk North America Fire Equipment Company, Inc: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of bunker gear from North America Fire Equipment Company, Inc., for the Fire Department. City Attorney Kit Williams read the ordinance. Brad Hardin, Fire Chief gave a brief description of the ordinance. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin 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 Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 3, 2020 Page 7 of 16 Ordinance 6289 as Recorded in the office of the City Clerk RZN 19-6963 (123 E. 15th St./Komander): An ordinance to rezone that property described in rezoning petition RZN 19-6963 for approximately 6.37 acres located at 123 east 15th Street from R-A, Residential Agricultural, RMF-24, Residential Multi Family, 24 units per acre and I-1, Heavy Commercial and Light Industrial to R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and Planning Commission recommend approval. Mr. Komander, Applicant gave a brief history of the property. He stated his request to rezone is motivated by a desire to preserve the existing use of the property while working on coming up with a strategic plan for the site. 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 Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Marsh: I commend the applicant for what they are seeking to do. The portion we are rezoning that's in the floodplain that is zoned for multi -family, its use is much better served with Residential Agriculture. I hope in the future we are open to something more dense and active right along the street edge. This is a great interim proposal and resolves some of the zoning issues at the back of the property. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. Ordinance 6290 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 8 of 16 Creek Meadows Access Easement Vacation: An ordinance to vacate two access easements within the Creekview Meadows Subdivision. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff recommends approval. Council Member Petty stated someone has to do the paperwork and we are cleaning it up. City Attorney Kit Williams: It might have been alright if it was just the plat, but they gave us a deed for perpetual easement and that's why we have to vacate this. Blake Jorgensen, Applicant gave a brief explanation of the requested vacation. He stated he was available for questions. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Council Member Smith reviewed the exhibit displayed on the screen in Council Chambers. He spoke about local streets not being defined in the Master Street Plan. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. Ordinance 6291 as Recorded in the office of the City Clerk Enact §114.20 Regulation of Single -Use Disposable Bags: An ordinance to Enact §114.20 Regulation of Single -Use Disposable Bags provided by large food stores. City Attorney Kit Williams: Before I read this, there is an amendment. There are typos and to include what the staff and Council Member Turk wanted. I included those in my handout tonight. I have provided these to you through email and the Clerk has it in the Final Agenda. I request that 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 9 of 16 you amend it to the final language before I read it. I ask that a Council Member move to amend the ordinance to what has been provided to you. Mayor Jordan: It is basically the study portion of this? Correct? Peter Nierengarten, Environmental Director: Yes, Mayor. It also corrects one typo that we noticed in the ordinance language. Council Member Turk moved to amend the ordinance to correct the typos and section that was overlooked as presented by City Attorney Kit Williams. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Scroggin was absent. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Environmental Director gave a brief description of the ordinance. Council Member Smith: Why is this for food only and not hardware and department stores? Peter Nierengarten stated with peer city analysis it started most often with food stores and was the most common type of stores where these ordinances were implemented in communities across the country. He stated the observation is the majority of disposable bags generated in the community are coming from large food stores. City Attorney Kit Williams: Peter has worked very hard with Wal-Mart, Harps and some of the stores that are going to be affected to make sure this is going to be seamless when they adopt it. They have heard the terms and looked at the ordinance. They are fairly agreeable. We feel this is the best place to start. It seems like a lot more plastic bags go out of food stores than any other type of store. This is where our first effort should be directed. Peter Tonnessen, Ward 3 stated he generally supports the broader objective of the ordinance, but believes it's a solution in search of a problem. He stated he can't remember the last time he saw any plastic bags drifting outdoors. He spoke about the many uses plastic bags can serve in the home. He spoke about reusable grocery bags retaining germs. He stated if the bags are a problem, then make it apply to everyone. He spoke about tax issues. Tom Brown, 2031 West Main Street spoke about a study on single use plastic bags. He stated the carbon footprint for paper bags is huge compared to single use plastic bag. He stated single use plastic bags are cheaper for the environment and economically. He spoke in opposition of the ordinance the way it is stated currently. He spoke about taxing issues. He requested for the ordinance to be held until the next City Council meeting to allow more public input. City Attorney Kit Williams: This is not a tax. This is a fee. The difference between a tax and a fee is that if the government collects money and puts it in its General Fund, a lot of times it can be a tax. It can sometimes be a fee because we have building fees and permit fees to offset our cost 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 3, 2020 Page 10 of 16 and provide a service for the citizens who pay it. Peter, please talk about the studies and cleanups we have had in the past that have shown we have plastic bag problems in the city. Peter Nierengarten stated the information is explained in more detail on the single use bag analysis that is provided in the packet. He spoke about the significant number of litter cleanups along streams and roadsides. He spoke about an audit that was done a couple of years ago on litter from a Town Branch Creek cleanup and found that about a quarter of the litter by volume was either Styrofoam or plastics. He spoke about the amount of work, financial resources, and volunteer efforts to help pick up litter from roadsides and streams. He stated the city is seeking to address and reduce the amount of litter in the community, which has been a challenge. City Attorney Kit Williams spoke about his personal experiences with litter cleanups. He spoke about the Rotary Clubs efforts on picking up litter on Mission Boulevard from North Street to Highway 265. He stated except for cigarette butts, plastic bags have been the number one problem for a long time. He stated he hopes the problem of litter will be addressed and reduced with the proposed ordinance. Council Member Turk spoke about being on the bike trails and witnessing litter of Styrofoam and plastic bags in the streams. She stated if people could reduce waste, it would make the city so much better. She spoke about the hundreds of cities across the country that have enacted ordinances as the one being proposed, which has shown a decline in single use plastic bag usage. She stated the rationale about starting the process with large grocery stores is that they are familiar with other bag regulations that have been enacted in other parts of the country. She spoke about creating balance and not overwhelming citizens. She thanked the Sustainability staff for their work and the Chamber of Commerce for their research efforts. She thanked the City Attorney's efforts on drafting the ordinance. She spoke about holding the item until the next City Council meeting to allow more citizen input. Council Member Bunch stated a lot of thought had gone into this. She stated other cities in the country are doing things that are similar. She spoke about having to bring your own bag or paying for a bag 17 years ago while in Ireland. She spoke about seeing plastic bags in her neighborhood. She stated the ordinance is reasonable and it is a good place to begin. She spoke about holding the item until the next City Council meeting to allow more citizen input. Council Member Marsh spoke about the plastic bags she has witnessed on the Cato Springs Trail, Tsa-La-Gi Loop and in her own yard. She is glad they are doing this. She hopes it will help save volunteer hours, clean up the creeks, keep storm drains from being clogged, and not being ingested by wildlife. She spoke about a plastic bag and paper bag ban in Seattle. This Ordinance was left on the First Reading. Amend Rules of Order and Procedure: A resolution to amend the Rules of Order and Procedure of the Fayetteville City Council to limit public comments to three minutes each and recognize the statutory reading requirement for ordinances may be dispensed with a single motion to suspend or dispense with the rule. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 11 of 16 Council Member Petty gave a brief description of the resolution. He stated there has been a trend of the City Council meetings getting quite a bit longer over the last 12 months. He stated this is an attempt to address that. He spoke about some concerns of how this might be perceived by the public. He doesn't want the public to think that the Council is trying to squash input. He stated he is a developer and doesn't want the public to think he is corrupt in trying to keep limited input. He stated he's concerned that people may think he's in favor of the resolution because he wants more time for the Council to be able to talk. He was requested by some citizens to see if there was anything he could do to make the meetings go a little bit faster in order to be able to speak about items they cared about. He spoke about City Council's faculties for considering items and giving it their full attention goes down as the night gets later. He stated they should be concerned about the morale of the city staff who are subjected to the meetings and still have to work a full week. He stated most Council Members have other jobs too. He spoke about being fair and more efficient. He stated changes to the rules could potentially make the meetings more effective. He stated the proposal would reduce the standard time given to anybody speaking at the microphone from five minutes to three minutes. He stated the motion to suspend the rules and advance to third readings is merely a clarification. He stated the recommendation by Council Member Smith to make it more speedy to be able to extend a speaker's time by allowing the time to be extended by a unanimous consent, is a fair rule. He stated when people do have something more to say and the Council acknowledges it, that it interrupts them and forces them to waste a little bit of time to regather their thoughts, it is a smart proposal. He stated Council Member Turk's recommendation to limit the default amount of time given to an applicant to speak to 10 minutes is very fair. He stated as long as they are able to extend time in the same way, it is appropriate. He stated there was a suggestion that Council Members should have their time limited, which he will vote for. He spoke about being willing to either send the item to a committee for more detailed discussion, vote tonight or table it for two weeks. City Attorney Kit Williams: What was presented to the City Council at Agenda Session is what is before you right now. The original request by Council Member Petty is to reduce the amount for the public to speak from five minutes to three minutes and to immediately go to the third and final reading. That is the only thing in front of us. The rest are amendments I drafted after hearing the Council at Agenda Session. Mayor Jordan reiterated what City Attorney Kit Williams stated. Ezra Breashears, Ward 1 spoke about being upset with the proposed public comment going from five minutes to three minutes. He spoke about the average of City Council meetings going up. He spoke about the work -life balance. He spoke about dividing the time differently for the public to speak than what is proposed. He spoke about Mayor Jordan and Council Member Petty's service record. Peter Tonnessen, Ward 3: You could go straight to a third reading? Mayor Jordan: Yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 3, 2020 Page 12 of 16 City Attorney Kit Williams: Some cities do that. Some cities don't even read the whole ordinance and read only the title. We have historically gone through the statutes three readings. We have suspended the rules twice in order to go to the third and final reading, instead of just once. Peter Tonnessen stated if it were unanimous, then it would basically be a consent issue on the agenda. He stated he wouldn't object if all the Council Members agreed to go straight to the third reading and skip the second. He stated sometimes it is maddening to listen to the same thing over and over. He stated he's not necessarily opposed to the three -minute time limit. He stated he doesn't know that it's productive to have the City Council meetings drag on interminably. He spoke about democracy. He stated if public comment is reduced to three minutes, he wants Council to make an allowance when a citizen says they need more time. Tom Brown, 2031 West Main Street spoke about his history and experience with incinerators. He stated because of public comment, citizens were able to stop an incinerator from being put in. He stated he has a lot more difficulty today in mobilizing public support to come to a City Council meeting. He stated most people think it is a waste of time because the public aren't allowed to speak. He spoke about democracy. Council Member Petty stated while the proposal is to reduce the default amount of input given to each speaker, it's also with the suggested amendments those are implemented would make it easier to extend that. He stated they have had a real reasonable application to that rule in the past and have been diligent about doing that. He spoke about what a radical reduction in public input would look like. He stated if they didn't want to hear from the public, it would be within their rights to refuse to hear from them because there's no statute requiring it. He spoke about what other cities do. He doesn't have the sense that Fayetteville has a reputation of ignoring public input. He stated it is a worthwhile suggestion that Council Members comments should be limited also. He suggested tabling the item for four weeks to give the Ordinance Review Committee time to meet and consider it. He knows it's a resolution, but it's the only committee they have to review legislation. Council Member Kinion: All of us are going to get a chance to speak as long as we want because we are City Council Members. I have been here 10 years and we have had some long meetings. Fayetteville is a community that is engaged. To go from five minutes to three minutes is restrictive. Not only are we restricting the time, but we are also adding straight to the vote without three readings. I don't like the instant passage of an ordinance. This restriction of speech from the general public is troubling. We have some administrative staff and Council Members that are longwinded. I support sending this to the Ordinance Review Committee. We have to look at a way to manage things, but we don't need to further restrict the opportunity for a person to speak. Council Member Bunch stated she wished more people had been at the City Council meeting to comment on the topic. She spoke about Fayetteville having a really engaged citizenry. She spoke about the County process. She stated by removing two minutes from the time limit is not ruing democracy. She thanked Mr. Breashears for his idea, but didn't think it was a wise idea. She spoke about tabling the item to allow for more citizen input. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes March 3, 2020 Page 13 of 16 Council Member Turk thanked Mr. Breasheats for his analysis, but was concerned about his suggested method of public input. She spoke about Council Members and staff identifying topics where they think there will be a lot of public input and spread the items out for better time management. She stated if they do alter the time that citizens can speak, they match that as City Council Members. She spoke about the suggestions being listed separately so they could vote on those items individually. She spoke about tabling the item to allow for more citizen input. Council Member Gutierrez spoke about receiving emails and voicemails about issues and there are more opportunities than just the five minutes at the podium to let citizens voices be heard. She stated she weighs all input equally, no matter the way she receives it. She stated she is still considering the three -minute proposal. She stated her email and phone number are on the city website and citizens can notify her through those methods. Council Member Marsh stated she is excited about seeing the item come forward. She spoke about the late City Council meeting nights and her daytime job. She stated at the Parking Deck Arts Corridor discussion, several people who came to the Council meeting to discuss the topic left at 11 pm and did not have an opportunity to weigh in on the issue. She stated she reads all citizen emails and letters, but doesn't have a chance to respond to them. She stated it is a great way to get more extensive feedback to the Council. She stated there are people who come and present opinions and there are people who present facts and new information. She stated when someone is presenting facts and new information, Council has a great track record of suspending the rules and allowing them to continue to speak, which she will continue to support. She stated regarding three readings, she is for reserving that for unanimous votes to go ahead and forward that to the third reading. She stated ordinances can't be put on the Consent agenda. She stated three readings gets exhausting when there are utility easement vacations that are administrative procedures, which would be nice to expedite those. She stated she supports the spirit of the resolution and is looking forward to working it out to make it work for everyone. Council Member Smith spoke about being on the other side of the podium, which can create being a little rattled and not as concise as might be helpful. He stated he is hesitant to shorten the time. There was a brief discussion about when the five-minute rule was imposed. Council Member Smith spoke about it becoming increasingly common that every speaker consumes their five minutes. City Attorney Kit Williams: The five-minute rule didn't start in 2014. That was the first three - minute rule. We didn't do anything for years and then we started getting long meetings again and that is when the five-minute rule came in. Council Member Smith stated he is trying to keep an open mind. He wants to be able to streamline people who need a few more minutes and not interrupt their thought process. He spoke about the Planning Commission having a three -minute limit. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 14 of 16 Council Member Kinion stated if they looked at the meetings before the five-minute limit and after the five-minute limit, that would be a fairer comparison. He stated he knew when he ran for public office he would be inconvenienced and his private time would be more restricted. He stated it wasn't a surprise when he got on City Council and had some long meetings. He spoke about some of the public feeling resentment with the restricted time at the Planning Commission meetings. He requested for the item to be tabled and sent to the Ordinance Review Committee. City Attorney Kit Williams: It can be tabled. Usually it is the Ordinance Review Committee who decides to take up some issue. You can express your intent to go to Ordinance Review. We haven't had a meeting this year. At the first meeting you elect a Chair person. Council Member Smith was the Chair person last year and it is up to him to schedule a meeting. Ordinance Review can review a resolution because it is legislation. Council Member Kinion: Kyle, how do you feel about this going to Ordinance Review? Council Member Smith: It is a fantastic idea. I ask for some parameters when starting to look at our Rules and Procedures. Council Member Petty thanked the other Council Members for keeping their thoughts under three minutes. He stated he would prefer the resolution to go to the Ordinance Review Committee. He spoke about parameters. He stated if there are other items to be discussed at the Ordinance Review meeting other than this item, he suggested a second meeting to be scheduled. Council Member Marsh: In terms of parameters for the Ordinance Review discussion, I would like this to focus on balancing the need for efficient meetings with adequate citizen input. Council Member Turk: I ask that we hear this one more time before it goes to Ordinance Review. I want more information from the public before it is discussed at the Ordinance Review meeting. Council Member Petty: Even if we are only going to table it for two weeks, it isn't necessary for the Ordinance Review Committee to wait. The Ordinance Review Committee meeting is open to the public. If we require more discussion or there is substantial uptick in input after it goes to Ordinance Review Committee, we can then talk about tabling it for a second time for a third meeting. Mayor Jordan: I have some concerns about the first time I tell a Council Member that they have spoken long enough. Somebody will probably tell me that they are elected by the people just like I am. On the unanimous consent, that is fine. If one Council Member decided that was not going to happen, there would not be a unanimous consent. I assume you are going to do a motion and a second and a vote of the Council or do we have to work all that out? City Attorney Kit Williams: Yes. The way it is drafted now, it says by unanimous consent or majority vote of the Council Members present voting, the time limitation may be altered for the speaker. You at first ask if everybody agrees for them to have more time. If somebody doesn't agree, then you would say there has been a request for more time and the Council needs to vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes March 3, 2020 Page 15 of 16 Mayor Jordan: We would fall back on what we are doing now? City Attorney Kit Williams: Yes. Council Member Marsh: I wanted the unanimous consent to apply only to the three readings and not to overturning someone's three minutes. The process we have in place right now is working well. On the three readings, I do feel we should get unanimous consent. Mayor Jordan: I think Council Member Smith was talking about the three -minute rule. Council Member Smith: Yes. What Kit just described is what I had in mind, as far as quickly letting someone resume their thoughts, unless someone objected and then taking a vote. Mayor Jordan stated the Rules and Procedures that Council lays out is for him to run the meetings. He hopes a majority of the Council will approve these Rules and Procedures so he will know how to run the meeting, instead of having to figure it out during a meeting. He stated it is a good idea to send it to Ordinance Review. He spoke about the first time the three -minute rule was established, which was during the Civil Rights Ordinance where many citizens wanted to speak. City Attorney Kit Williams spoke about a City Council meeting in the past when the Civil Rights Ordinance was discussed. He stated the first three speakers had taken up one hour. He spoke about the three -minute rule being established at the meeting and then everybody who wanted to speak was able to express their opinions to the City Council. Mayor Jordan spoke about citizens receiving equal speaking time. Council Member Petty made a motion to table the resolution to the April 7, 2020 City Council meeting and send the item to the Ordinance Review Committee. Council Member Marsh seconded the motion. Upon roll the motion passed 6-0. Council Members Bunch, Smith, Gutierrez, Marsh, Kinion, and Petty voting yes. Council Member Turk voting no. Council Member Scroggin was absent. This Resolution was tabled to the April 7, 2020 City Council Meeting. Announcements: Susan Norton, Chief of Staff spoke about the Coronavirus and emergency responders. She spoke about the community partners that the City of Fayetteville is working with. She spoke about a Disaster Recovery Fund and the fund has $3 million in it. She spoke about the Community Garden Plot registration. She spoke about the Midtown Trail Corridor workshop and presentation. She spoke about the Bulky Waste Spring Cleanup. She stated the city is offering the bounty for removal of Bradford Pear Trees or Bush Honeysuckle. She stated the call for nominations for the Fayetteville Historic Preservation Awards are open until April 2, 2020. Information can be viewed on the City of Fayetteville website. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov Citv Council Agenda Session Presentations: Agenda Session Presentation - Update on Depot Lot, Wade Abernathy City Council Tour: City Council Meeting Minutes March 3, 2020 Page 16 of 16 Kara Paxton, City dirk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayeffeville-ar.gov