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Home My WebLink About2020-06-04 - Minutes - City Council Meeting Minutes June 4,2020 Page 1 of 32 Council Member Sonia Gutierrez F q Y f Council Member Sloan Scroggin Ward I Position I {o �F� Ward 3 Position I Council Member Sarah Marsh — Council Member Sarah Bunch Ward I Position 2 A `"/ Ward 3 Position 2 Council Member Mark Kinion """ = Council Member Teresa Turk Ward 2 Position 1 "' Ward 4 Position 1 9 R K A Ns Council Member Matthew PettyS ttY Council Member Kyle Smith Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting June 4,2020 A meeting of the Fayetteville City Council was held on June 4, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. This meeting was regularly scheduled for June 2,2020 and was continued until June 4,2020 by Mayor Jordan after he learned there would not be enough Council Members in attendance for a quorum. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, and Kyle Smith joined the meeting via online using a video conferencing service called Zoom. Council Members Petty and Bunch arrived after roll call. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker,and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: I want to take a moment to recognize that George Floyd's memorial service took place today in Minneapolis, Minnesota. On behalf of the City of Fayetteville, I want to extend our 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 2 of 32 deepest sympathies and condolences to Mr. Floyd's family, friends, and the Minneapolis community. Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than those of us you see before you, the voices you hear during the course of this meeting are being recorded for public record and piped into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting,which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, joining the Zoom conference by smartphone, tablet or computer. Instructions are shown onscreen. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from doing this until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand. When recognized, please state your name and address for the record. Each speaker is allowed five minutes to comment, which staff will monitor. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None Consent: Approval of the May 19, 2020 City Council meeting minutes. Approved Northwest Arkansas Razorback Greenway Alliance: A resolution authorizing membership and participation in the Northwest Arkansas Razorback Greenway Alliance. Resolution 148-20 as recorded in the office of the City Clerk Bid No. 15-57 King Electrical Contractors, Inc.: A resolution to approve a proposal from King Electrical Contractors, Inc. in the amount of $67,319.00, pursuant to Bid No. 15-57, for the 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 3 of 32 installation of trail lights along the Niokaska Creek Trail from Crossover Road to Gulley Park,and to approve a project contingency in the amount of$7,681.00. Resolution 149-20 as recorded in the office of the City Clerk Northwest Arkansas Regional Planning Commission: A resolution to express the willingness of the City of Fayetteville to apply for and utilize Federal-Aid Transportation Alternatives Program funds in an amount up to $470,000.00 to construct a wider shared-use paved trail and greenspace along the Arkansas Department of Transportation project to improve Highway 112 from Truckers Drive to Howard Nickell Road. Resolution 150-20 as recorded in the office of the City Clerk TLG Peterbilt:A resolution to authorize the purchase of three Peterbilt side arm trash trucks from TLG Peterbilt of Fort Smith, Arkansas for the total amount of $947,865.00, pursuant to a Sourcewell cooperative purchasing contract. Resolution 151-20 as recorded in the office of the City Clerk Springdale Tractor: A resolution to authorize the purchase of a Kubota mower from Springdale Tractor in the amount of$13,329.22, pursuant to a Sourcewell cooperative purchasing contract, for use by the Airport, and to approve a budget adjustment. Resolution 152-20 as recorded in the office of the City Clerk Special Needs Assistance Program Grant Agreements: A resolution to approve the renewal of three Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of$238,765.00 for the city to administer programs to assist homeless Fayetteville residents. Resolution 153-20 as recorded in the office of the City Clerk Frond Farms Hay Lease: A resolution to award Bid # 20-38 and authorize a five-year hay field lease with Froud Farms for about 54.5 acres at Lake Fayetteville, Madison Natural Area, Bayyari Park, Rodney Ryan Park, and Combs Park for the amount of$150.00 per year, and to authorize mowing at other park properties as needed for the amount of$2.00 per bale. Resolution 154-20 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No. 3 -2019 Drainage Bond Project: A resolution to approve Task Order No. 3 with the Watershed Conservation resource center in the amount of$269,500.00 for a stream restoration project on Tanglewood Branch in the Cultural Arts Corridor,and to approve a project contingency in the amount of$26,950.00-2019 Drainage Bond project. Resolution 155-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar goy City Council Meeting Minutes June 4,2020 Page 4 of 32 RFQ # 20-01 Garver, LLC Kessler Mountain Ground Storage Tank Site: A resolution to approve a professional engineering services agreement with Garver, LLC, in an amount not to exceed$311,600.00,pursuant to RFQ#20-01, Selection 12,for design and bidding phase services for a booster pumping station at the Kessler Mountain ground storage tank site. Resolution 156-20 as recorded in the office of the City Clerk Black & Veatch, Corporation: A resolution to approve a professional engineering services agreement with Black and Veatch Corporation in an amount not to exceed$107,592.00 for analysis and design of potable water pressure management solutions for the greater Clabber Creek area. Resolution 157-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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.At the March 3, 2020 City Council meeting this ordinance was left on the First Reading. At the March 16, 2020 Special City Council meeting this ordinance was tabled.At the April 7, 2020 City Council Meeting this item was tabled until the 06/2/2020 City Council Meeting. Note: The Sponsors of this item will request to have it tabled at the 06/2/2020 City Council Meeting. Council Member Turk: I would like to table this indefinitely until we have a public meeting to hear the comments. Right now,as it is set,we wouldn't implement it until January 2021. We have plenty of time until we are able to hear more thoroughly from the public about how they feel about this. Even though the public is able to comment on things, we have not had that many comments on most issues before us. Council Member Smith: The feedback I've got is about concerns that the specific nature of the health emergency we are in, rather than just their ability to offer feedback during meetings is their concerns about plastic. When this comes back up, we'll be able to look at adjusting the timelines. Council Member Turk: Yes, I'd love to hear back from folks. We could do some research prior to the discussion of the item. There's been quite a bit of mixed reviews. Some say there is a health issue and some say there isn't. Maybe COVID will subside. Council Member Turk made a motion to table the ordinance indefinitely. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. 113 West Mountain Fayetteville AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 5 of 32 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. At the March 3, 2020 City Council Meeting this item was tabled to the April 7, 2020 City Council Meeting. At the April 7, 2020 City Council Meeting this item was tabled until the 06/2/2020 City Council Meeting. Note: The Sponsors of this item will request to have it tabled at the 06/2/2020 City Council Meeting. Mayor Jordan: Council Member Smith, I believe this went to Ordinance Review. Council Member Smith: Yes, Mayor. We met several times on this. I forwarded our conclusions to the entire Council through the Clerk's office, along with Kit Williams updated resolution. We started the conversation by reducing the amount of time for public comment. In our final comment we have five recommendations, but it is not to reduce the time, but instead we want to leave the total amount of time for public comment at five minutes. We want to encourage shorter presentations by adjusting the way timer displays and reminding people to wrap up their comments at three minutes. The second thing was to implement a new time limit on the overview periods. When staff, a Council Member or applicant presents, they would be limited to ten minutes. The third thing was to establish a sign-up procedure,which would be the most radical change. We think that can be accomplished without much change to the rules and the details would be left to the Clerk and staff to figure out. The fourth change would be how we handle amendments. We would amend the rules to say that amendments do not get public comment by default, but that a motion for amendment could include a call for public comment and comments in amendments would be limited to three minutes. The last recommended change is that any of these time limits can be extended by unanimous consent or a majority vote if someone objects. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: This is what was approved by the Ordinance Review Committee. As I pointed out in my email to you, I didn't like how complex the sentence was that I had written, especially when we added something to it. The part I hope the City Council would consider a different subject in Section 2, would say that public comments at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being open for public comment. Speakers shall be limited to a maximum of five minutes to be broken into segments of two and three minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent on majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both the speaker additional time and an unsigned-up person to speak by unanimous consent or majority vote. This was my simplified version. Council Member Smith: I agree. It was my intent to make the motion for the second version you read. It equally represents the consensus from the committee, but is much easier to understand. Council Member Scroggin: I'm sure most of the other Council Members feel the same way. I hope we make the amendment, but I don't want to vote on this as a whole today. I want people to have time to digest it since it is a lot of changes. 113 West Mountain Fayetteville AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 6 of 32 City Attorney Kit Williams: If you go ahead and approve the amendments, it can at least be on the agenda in the correct form and then not pass it but leave it there.At the next meeting,you could further amend it if you wanted. At least it would be close to what the committee wanted, rather than what is on the agenda right now. Council Member Scroggin: I agree. There was a brief discussion about taking public comment. Will Dockery, 4149 West Bradstreet stated he likes the proposed amendments, but has concerns about the sign-in part. He spoke about attending City Council meetings and several times when he had not planned on speaking, he then does. He spoke about unanimous and majority voting. City Attorney Kit Williams: This is only for the amendment and not to pass the resolution. Council Member Turk: Did the amendment change the language slightly or is it the five items that Council Member Smith mentioned? I want clarification on the amendment. Council Member Smith: The original resolution brought by Council Member Petty would be replaced by the one Kit read that essentially covers the five items. Some of the things I talked about can be managed administratively. Council Member Turk: I expressed my concern before about the sign-in procedure. Having to deal with this at the Arkansas Pollution Control and Ecology Commission meetings, the sign-in portion is very difficult. They don't have nearly as many agenda items as we do and their meetings aren't nearly as long. They have a difficult time managing it,especially when people come in late. I ask that the sign-in portion be excluded. Mayor Jordan: You want to take away the sign-up portion of this amendment? Council Member Turk: That is correct. Council Member Petty: We talked at our third Ordinance Review Committee meeting about the challenges of a sign-up procedure. I wouldn't say the Ordinance Review Committee is blindly enthusiastic about the prospect of having a sign-up procedure. We need to table this and give staff time to investigate implementation of a sign-up procedure. I was under the impression that if we aren't able to address challenges, we might need to have the discussion about whether we do a sign-up procedure. I ask for the courtesy of allowing the Ordinance Review Committee's recommendations to stand on the agenda for two weeks so we can get a robust discussion of all the recommendations, including the sign-up procedure. I fear if we remove it now, we are doing it before we have as much information as we might be able to get. Council Member Kinion: I recall the first time I had to approach City Council as a younger man. It was intimidating with the proximity of the room and the unfamiliarity of the rules and order. When you are in the audience and you hear an argument that needs to be either endorsed or refuted, you might not know that in advance and would want to approach the podium to speak. I can't think 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 7 of 32 of any item that we should restrict a person from speaking or responding. I have been in many meetings with other agencies where you have to sign-up. I always felt the intention of that agency was to prevent people from refuting arguments that come up late in the discussion. The sign-up adds a complicated procedure that is unnecessary. Council Member Petty: I hear your concern and that is not the intent of the Ordinance Review Committee. The intent of the ORC was to be able to predict how many people might want to speak about an item and not to restrict anyone from speaking. This is why we included a mechanism so that anybody who wanted to make a spontaneous comment could approach. Unless someone objects,they get to talk. It should be quick and easy. The intent of the sign-up sheet was to be able to predict how much time items might take so people in the audience who might be waiting for items at the end of the agenda could have an expectation. These comments are legitimate. Some of this discussion is born from the fact that a lot of the Council might be seeing or having the first opportunity to discuss this with members of the ORC.After a chance to review it,I think the intent of the committee might be clearer. Council Member Smith: We initially talked about unanimous consent as a way to expedite allowing people more time. When people run out of time, then we have to stop and do a roll call to let them continue and then it interrupts their train of thought and takes more of our time and generally those are unanimous votes. You would just need the majority of the Council to let you continue speaking. Council Member Kinion talked about the intimidation factor.One of the biggest inefficiencies in our meetings is the time it takes to say who else would like to address us and then wait to see if somebody comes forward. It can be difficult to know if it's your time to stand up when it is that kind of thing. This would allow us to communicate in advance, move them to the podium a little bit quicker, and reduce some intimidation factor. I would like to vote on the amendment as it came from the committee so we can look at the individual pieces. In two weeks if we want to discuss amending out a certain piece of it, then I would be happy to continue this conversation. There was a brief discussion about amendment procedures. Council Member Marsh: Some of the additional benefits we identified to the sign-up sheet are getting the correct spelling of people for the City Clerk and meeting minutes, as well as the ability to publish the rules of order so the Mayor doesn't have to repeat the same information. We hope by doing that we can increase the efficiency of the meeting. Council Member Kinion: I would like to see this voted on and I hope that it is taken out. I know it is not the intent to make anyone feel intimidated or the intent of our committee to prevent open discussion of an item. Based on my experience it adds a complication and leads to the perception that people hold out until the end to have their points made. They can refute the point that I made, but I don't have the opportunity to refute what they say or endorse it. I like what we currently have because it is easy. We have the time restriction of the 10 minutes, which is not unreasonable and we are making it more complicated. Easy is good for the general public and it's good to encourage community engagement. By adding more restrictions and rules, it is more intimidating and confusing. 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 8 of 32 Council Member Turk: While it may seem that having a sign-up sheet is efficient, I have seen it not be efficient. It takes as much time or even more time. If we need to have some rules that the Mayor is repeating,we can put that in the background or on the screens.There are other procedures we can enact. This makes it more complicated, intimidating, and rigid. Even though our meetings go long, we do like a lot of participation from the public. Council Member Gutierrez: What we are missing is the understanding of the process and procedure of the sign-up. While I think a sign-up sheet can be an extra step, it could also bring a lot of clarity for people. With people signing up, it could make them feel a little more committed to the space and see where they are in the lineup. We would want to give staff two weeks to work on this for the gray areas. I am for a sign-up sheet. Mayor Jordan: Council Member Turk, do you want to have any public comment on your proposed amendment? Council Member Turk: Yes. Rob Qualls,Citizen stated there is merit to the sign-up sheet and understands there could be some concerns. He stated one of the most intimidating aspects for him has been jockeying for position and not knowing when to go, walking to the podium, and having someone cut in front of him. He spoke about more orderly ways to organize the public for speaking. Drew Wallace, Citizen spoke about having to sign-up on Zoom in order to speak at the current meeting. He stated there could be options to utilize the sign-up sheet and make it easier. Council Member Smith stated this is a resolution for the rules and procedures. He stated Council can change them again at any time. Mayor Jordan: This is Councils orders and rules of procedures. I don't plan on voting on this. Council Member Turk made a motion to amend the resolution by removing the sign-up sheet. Council Member Kinion seconded the motion. Upon roll call the motion failed 2-6. Council Members Turk and Kinion voting yes. Council Members Petty, Scroggin, Bunch, Smith,Gutierrez, and Marsh voting no. Mayor Jordan: This could be brought up again in two weeks? City Attorney Kit Williams: Yes. Council Member Petty stated this has changed quite a bit from the resolution he sponsored to the agenda more than two months ago. He stated he is proud of the changes that have been made and believes it is a lot better. He stated it will help the meetings run more smoothly. He spoke about the ability to amend changes in the future as needed. He spoke about tabling the item for two weeks. He spoke about now being a more practical time to implement some new changes. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 9 of 32 Council Member Smith made a motion to amend the resolution with the version provided by Kit Williams. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Petty made a motion to table the resolution to the July 7,2020 City Council meeting. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the July 7, 2020 City Council Meeting. On June 5, 2020 City Attorney Kit Williams wrote a memo and filed it with the City Clerk office. In the memo it stated Kit believed the motion should have been tabled to the second meeting in June. On June 15,2020 the City Clerk office received an additional City Attorney Memo that clarified the intentions of the City Council to table the item until the July 7,2020 City Council meeting. This resolution was tabled to the July 7, 2020 City Council Meeting. (Since the second memo was received from the City Attorney's office after Agenda Session, special wording has been added to the title on the re-published agenda on June 16, 2020.) Reconsider Amend §96.02 Unreasonable or Excessive Noise Prohibited: An ordinance to amend §96.02 Unreasonable or Excessive Noise Prohibited; Exceptions to extend the city's noise regulations to all vehicle-related businesses.At the April 21, 2020 City Council meeting this item was left on the second reading. At the City Council meeting on 05/05/2020 this item was passed as Ordinance 6305. At the City Council meeting on 05/19/2020 Council Member Gutierrez requested to reconsider the vote on file number 2020-0262 to Amend Ordinance 6305 and then to table the item. The item was reconsidered and tabled until the 06/02/2020 meeting. City Attorney Kit Williams: The City Council decided to reconsider this ordinance that was passed the meeting before that. This is the original title and original ordinance before you. Council Member Gutierrez has some suggested amendments that have been handed out. Council Member Gutierrez gave a brief historical account of the ordinance that had been previously amended. She stated the amended ordinance is to allow neighbors an opportunity to file a formal complaint if someone is being excessively loud with amplified sound. Council Member Marsh: On the amendment,are we extending this to sidewalks as well or is this just for our multi-use trail system? City Attorney Kit Williams: It's just for the trails. That would be my recommendation. Council Member Marsh: So, that would not include any public sidewalk. I have concerns about protesting and the ability of people to march and use bull horns. I want to make sure we are protecting that. City Attorney Kit Williams: Absolutely. That was my concern. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www fayetteville-ar goy City Council Meeting Minutes June 4,2020 Page 10 of 32 Mayor Jordan: That was my concern as well. Council Member Gutierrez: It helped me draft that so we would not come against any First Amendment issues. Council Member Turk: Since we have had time to reconsider, hear from people,and experience some of the recent protest, I have concerns about extending any of this to our trail system. If we had an issue along the trail or creek and we had a protest, I would not want to restrict their First Amendment rights. We've had discussion about some issues with people on bicycles, but I would hate for us to do a restriction on a few people that are not being courteous. Maybe there's a way to get them to be more compliant and more understanding through a warning or education but not actually restricting amplified noise. A bullhorn would be illegal if we pass this. Council Member Scroggin: I feel the same way. As it is currently written, I'll be against this amendment. We should try to prevent people from targeting the same house over and over with the same music or message. I am concerned if the protest we had on Tuesday decided to go down the trail system,that we would be stopping that. Council Member Kinion: This may be used as a tool that those who use the trails system could be targeted in some way and may not have the means to defend themselves. I don't want this used as a tool for someone who lives along the trail to target the person on the trail. I live by a public park and it can get bothersome at times, but I appreciate the fact they have the freedom to do that, even if they are loud. I don't want anyone to use an ordinance to target someone and then it lead to conflict. Don't we already have a way to control a nuisance in our ordinances. I support tabling this. Council Member Marsh: As a person who has a trail in their back yard and deals with this every day,there are issues with the sound.We also have a lot of other trail etiquette issues as well.Rather than passing an ordinance, maybe we could embark on a trail etiquette education campaign. A bunch of kids left their scooters in one of the tunnels, got in the creek to play, and then created a hazard where people couldn't get through. There is a lot of noise. We have to make sure these trails continue to be an amenity in neighborhoods and not a liability. Having a larger campaign of public education about trail etiquette could achieve that without taking such a punitive approach. Council Member Smith: I had to work myself up to vote to apply this to bicycles. I am not prepared to go as far as pedestrians. The dividing line is the speech and expression line. Someone in a car or on a bike is moving fairly swiftly. Their music and sound comes and goes. It is probably hard to understand for a long period of time. Somebody who is on foot, has an opportunity for an audience. Our trails don't just go through neighborhoods. In fact, most of our trails are in areas that would be considered more public spaces than private. I'm not prepared to take any action that would get in the way of a citizen's right to get angry at their government and go shout about it in public. I won't be able to support this. Council Member Bunch: At first,I thought it sounded like a great idea,but I don't live on a trail. If people are coming by my house, they are on another form of a public space, which is a street. Some of our trails go strictly through neighborhoods and we think of them as being quieter spaces. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page II of 32 If we had a rezoning issue and people disagreed, they could make a lot of noise and have a protest directed at a neighborhood. That might not be an orchestrated thing, but it could happen. I was a victim of stalking where a guy would come by my house all the time and crank his stereo. There wasn't much I could do about it. It was tied to something else and it wasn't just his freedom of speech, but his ability to intimidate me. Council Member Gutierrez: Our sound ordinances don't cover our trails. That is one of my concerns I had from the beginning. I felt like we were creating extra ordinances that we didn't need too. This is why we proceeded to amend it instead of bicycles,just the all trail users. My concern from bringing it from the beginning from the Active Transportation Committee was that we didn't want to single out the bicycle users. We either treat everyone the same with the same ordinance or we don't apply it to anyone. I want to treat everyone equally. I am fine with tabling this. Council Member Scroggin: When we reconsidered it,did it come with the changes or do we have to vote on those? Do we have to vote on the original again if we don't have those amendments? City Attorney Kit Williams: When you move to reconsider this, you put the ordinance back in front of you exactly the way it was before you voted to approve it.At that point, it did concern city trails, but it limited that for a bicycle on the city trail. It did include restricting any kind of noise disturbance from a city trail and that was put in by the City Council at the meeting. That's not how it came originally from staff and from my office. It was designed mainly for the vehicle related businesses. We were afraid there was going to be music and disturb the residential neighborhoods and that's why Devin and Blake brought this forward so we could control noise off that vehicle. It was then expanded by the City Council to cover bikes on trails. Council Member Scroggin: If we wanted to pass exactly what we passed before we reconsidered, do we have to make an amendment? City Attorney Kit Williams: If you want to pass what was passed last time, you don't have to make any amendment. If you want to go back to what Blake and Devin had presented to the Council that did not include trails or bicycles, then you would have to make an amendment back to the original wording that was presented to you then. Council Member Kinion: We can stop this and table it? City Attorney Kit Williams: At this point, nothing is passed. If you don't vote to approve this or amend it or do anything,you would need to vote to table it. Council Member Kinion: To table the amendment? City Attorney Kit Williams: The only thing that is in front of you is exactly what was passed by the City Council. You would be tabling what you passed two meetings ago. Council Member Kinion: On the agenda, we have amendments, but we just haven't presented them. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 12 of 32 There was a brief historical description of the previous ordinance that passed. Council Member Turk: I want to amend to where it goes back into its original form that was brought forward by city staff. It would exclude bicycles and trails. City Attorney Kit Williams: Yes,that it is where it would be. Mayor Jordan reiterated Council Member Turk's statement. Council Member Kinion: I endorse the proposed amendment to go back to the original. We still have plenty of time to move forward and bring something about controlling nuisance noises on the trail. City Attorney Kit Williams: There are criminal violations and state law about harassment and disorderly conduct that can protect against extreme behaviors on the city trail or anywhere. Council Member Gutierrez spoke about trail education being a great idea. Mayor Jordan: We want to go back to the original and exclude bicycles and individuals? City Attorney Kit Williams: Exclude the reference to the trails and bicycles. Rob Qualls, 2140 East Jonquil Road stated he appreciated the ability to give feedback. He spoke in favor of Council Member Turk's proposed amendment. He stated on regulating amplified noise in public spaces,it sounds like a good idea,but they need to carefully consider the balance between what some view as a nuisance and our right to free speech. Will Dockery,4149 Bradstreet Lane stated he lives next to a trail and spoke in favor of going back to the original version of the ordinance. Sarah Moore,Arkansas Justice Reform Coalition spoke about being glad that the trails are being pulled from the ordinance. She spoke about community engagement. Drew Wallace,805 North Hall stated he is the Chair of the Active Transportation Advisory Board Committee. He spoke about bicycles being singled out. He spoke in favor of free speech. Council Member Turk made a motion to amend the ordinance back to the original form. Council Member Smith 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 6305 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 June 4,2020 Page 13 of 32 Appeal: ANX 20-6995 (Hughmount Rd. North of Mt. Comfort./Hughmount Annex): An ordinance to approve annexation petition ANX 20-6995 and annex 152.00 acres located along Hughmount Road North of Mount Comfort. At the May 19, 2020 City Council meeting this item was left on the first reading. 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 unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke about spreadsheets of information he prepared and sent to Council via email through the City Clerk. Susan Norton,Chief of Staff clarified a number that Mr. Stoll stated. Garner Stoll: The applicant is requesting that the Council grant him permission to do a video presentation. City Attorney Kit Williams: The rules allow an applicant to do that and don't require a motion from City Council. Robert Rhoads,Hall Estill Law Firm stated he was representing Johnelle Hunt, Phil Phillips,and 65% of the property owners in the subject property. He gave a brief historical presentation of his item. He presented a PowerPoint. He requested for Council to support the entire annexation. Council Member Kinion stated when they looked at Hughmount Village last time they brought in the sewer system because the step system was inoperable and was not going to operate on the property that's developed, the arguments that were used there, are valid here. He spoke about peninsulas. He spoke about drainage and management of city code. He spoke about the peril residents will have downstream if there was a failure of drainage management and a failure in a privately-operated sewer system. He spoke about new development outside of the Mayor's box. He stated it is a safety measure to annex it into the city so that they have to meet city standards. He spoke about protecting the watershed and the residents who already live at a lower elevation. Council Member Smith spoke about peninsulas. He stated he rejects the argument that past bad decisions should justify future bad decisions. He stated the city's development regulations are better and safer than the county's development regulations. He spoke about the need for a preservation zoning type and a broader annexation strategy. Council Member Turk: It was helpful for Garner to send the other agreements that had been made in the past. There was clear intent that this piece of property was going to be annexed when it was possible and other Council supported it. It is extremely important we follow through on that. I know we aren't bound to do that, but if we were to take to a different course of action then that would leave some trust issues for the future. We need to follow through on the previous Council commitments. The city has much higher environmental regulations and septic regulations than the 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 14 of 32 county does. From an environmental perspective, it's best to ensure we have the highest standards possible. I'm glad they didn't put the step system in. I support this annexation. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion.Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Petty stated he was the only Council Member at the time to vote against the original ordinance. He gave a brief historical description of the item. He stated he is a little troubled by the proposal because of the arguments he has heard about the city having better standards than the county. He spoke about debt funded programs.He stated the city is not earning enough revenue to maintain the infrastructure with what they already have. He spoke about Garner Stoll's analysis report. He stated it seems like there are minor, but significant tweaks that could be made to development programs like this one and other programs that resemble this one. He stated they could turn a surplus in tax revenue, but the city hasn't required those actions to be taken on this annexation or on any others in the past. He spoke about the city's economic model. He stated this is setting policy if they approve this. He asked Garner if there were any other agreements that were similar to this, where a past Council had shaken hands on a future commitment to annex land. Garner Stoll stated he wasn't aware of any. Council Member Petty: That helps me vote in the affirmative for this because it seems to be unique,but I still feel uncomfortable about it. If we hadn't pursued more sewer or water customers in the past, we wouldn't be in a situation like this where development had already occurred and now we feel obligated to provide services that we are not likely to get enough revenue to maintain. I hope we will think about this the next time an annexation is proposed and we insist on having good data to make our decision. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh and Kinion voting yes. Council Member Petty voting no. Ordinance 6317 as Recorded in the office of the City Clerk RZN 20-6996 (Hughmount Rd. North of Mt. Comfort/Hughmount Rezone) Appeal: An ordinance to rezone that property described in rezoning petition RZN 20-6996 for approximately 152.00 acres located at Hughmount Road North of Mount Comfort Road to R-A, Residential Agricultural; RSF-1,Residential Single Family, 1 unit per acre; RSF-8,Residential Single Family, 8 units per acre;NC,Neighborhood Conservation; and NS-G,Neighborhood Services-General.At the 05/19/2020 City Council meeting this item was left on the first reading. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 15 of 32 City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. • Robert Rhoads, Hall Estill Law Firm Representing the Applicant spoke briefly about the proposed rezoning. Council Member Petty: I am going to vote for this rezoning now that the annexation has been supported by the Council. Garner,could you tell us to what extent you assume the developer would maximize the potential of these new zones in your economic model? Garner Stoll: The assumption we made was that we looked at recent RSF-8 development that occurred in Fayetteville and we used that. We did not use eight units per acre. Same way with Neighborhood Conservation. We looked at Neighborhood Conservation that was outlining. We did not assume eight or ten units per acre. Council Member Petty: Thank you. Council Member Turk: I looked at what Garner had sent us from the original agreements. In the first two, it talked about RSF-4,not RSF-8. The third one was silent on the designation. Since then we have heard from several of the neighbors that they don't believe RSF-8 can be supported because of the limited infrastructure. I looked at the Hughmount North section that is proposed as an RSF-8 and it's steep. We have heard issues about some water concerns.Thankfully,Mr.Phillips is going to fix those. The RSF-8 is too dense for this because the original agreement, the topography and some of the infrastructure concerns have been expressed by residents out there. I would support downzoning rather than upzoning. Council Member Smith: Did you try this out as RSF-4? Garner Stoll: No, we did not. We looked at recent developments that had occurred, platted and approved by the Planning Commission that were RSF-8 and Neighborhood Conservation. They were above the RSF-4 density. Council Member Smith: If you were to pick an RSF-4 that was comparable out here, would it approach the full density of RSF-4 or would it tend to be even less also,just like the others? Garner Stoll: Very rarely do you see four units per acre. About half that, 2.5 or three units per acre under RSF-4 is typical. Council member Kinion: I have some concerns with the runoff at higher density, but I will support this. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 16 of 32 City Attorney Kit Williams read the ordinance. Council Member Turk made a motion to amend the zoning to RSF-4. Council Member Kinion seconded the motion. Robert Rhoads: We would like to keep it, as is with RSF-8. We would be willing to enter into a Bill of Assurance if this gets tabled and limit where we have the RSF-8 designation to six units per acre. Council Member Turk and Council Member Kinion removed their motions after the applicant spoke. City Attorney Kit Williams: A Bill of Assurance has to be formally submitted, signed, and presented to the city before a rezoning ordinance can be passed, in order for the ordinance to be modified by the Bill of Assurance. Garner, when you were looking at RSF-8, how many units per acre were they normally being developed at? Garner Stoll: It is more in the four to six units per acre. Mayor Jordan: Why doesn't the Council table this for two weeks.This will give Mr. Rhoads time to put his Bill of Assurance together. Council Member Kinion made a motion to table the ordinance to the July 7, 2020 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 5-3.Council Members Petty,Bunch,Turk,Gutierrez,and Kinion voting yes.Council Members Scroggin, Smith,and Marsh voting no. This ordinance was tabled to the July 7, 2020 City Council Meeting. On June 5, 2020 City Attorney Kit Williams wrote a memo and filed it with the City Clerk office. In the memo it stated Kit believed the motion should have been tabled to the second meeting in June. On June 15,2020 the City Clerk office received an additional City Attorney Memo that clarified the intentions of the City Council to table the item until the July 7,2020 City Council meeting. This ordinance was tabled to the July 7, 2020 City Council Meeting. (Since the second memo was received from the City Attorney's office after Agenda Session, special wording has been added to the title on the re-published agenda on June 16, 2020.) Appeal: RZN 20-7067: (523 N. Genevieve Ave./Dillaha): An ordinance to rezone that property described in rezoning petition RZN 20-7067 for approximately 12.14 acres located at 523 North Genevieve Avenue from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. At the 05/19/2020 City Council meeting this item was left on the first reading. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 17 of 32 City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission's concern was that it was far out and wasn't within walking distance of a potential Tier 3 center. Blake Jorgensen,Applicant stated this adds to a housing variety type in the area. He spoke about the area growing. Council Member Smith: The School Board decided to purchase land for a new school. When we had our joint meeting with them, we talked about collaboration on decisions that drive land use. Was there any discussion between Planning staff and the school district about their school planning? Garner Stoll: About this rezoning item? Council Member Smith: No, about the school? Garner Stoll: Yes,there was. Council Member Gutierrez: What is the infill score? Garner Stoll: It scored between two and five. Will Dockery,4149 Bradstreet stated he doesn't care if the rezoning goes through.He spoke about the area needing a Master Plan because everything is being done in a patchwork style. Council Member Turk 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. Council Member Gutierrez thanked Will Dockery for being vocal. She stated the area is growing and a variety of housing types are needed. She spoke in favor of the rezoning. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Member Petty, Bunch, Smith, Gutierrez, Marsh voting yes. Council Members Scroggin,Turk, and Kinion voting no. Ordinance 6318 as Recorded in the office of the City Clerk New Business: Arkansas and Missouri Railroad Shiloh Drive and Gregg Avenue - 2019 Transportation Bond Project: An ordinance to waive competitive bidding and authorize a New Railroad Crossing 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 18 of 32 Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Shiloh Drive and Gregg Avenue, to approve a project contingency in the amount of$32,892.43, and to approve a budget adjustment for the estimated total project cost of$750,000.00 -2019 Transportation Bond Project. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a presentation of the ordinance. He stated the item was presented at the Agenda Session. He stated one of the stipulations the Council expressed concerns about was the closing of the existing crossing at University Avenue. He stated the Transportation Committee recommended tabling the item until options can be spoken about with the Arkansas and Missouri Railroad. He stated staff is recommending tabling the item until the city receives a response. Mayor Jordan: Council, if you want to table it, then we will try working out the other crossing on Hill Street in our bond projects. I would be in favor of that. Council Member Marsh made a motion to table the ordinance indefinitely.Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. Arkansas and Missouri Railroad Futrall Drive and Gregg Avenue - 2019 Transportation Bond Project: An ordinance to waive competitive bidding and authorize a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, to approve a project contingency in the amount of$28,344.86, and to approve a budget adjustment for the estimated total project cost of$750,000.00 -2019 Transportation Bond Project. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a presentation of the ordinance. He stated this is similar to the previous item, which includes a stipulation of closing an existing crossing. He stated while there is not as much concern expressed about this existing crossing, the Transportation Committee wanted to keep both items as a package deal and recommend tabling the item. He stated staff recommends tabling the item while research is being done. Council Member Marsh made a motion to table the ordinance indefinitely.Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. RFQ#20-01, Garver, LLC Rolling Hills Drive and Plainview Avenue Transportation Bond Project: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of$402,650.00,pursuant to RFQ#20-01, Selection 4,for the design of the Appleby 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 19 of 32 Road, Rolling Hills Drive, and Plainview Avenue Connection Project, to authorize the Mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment—2019 Transportation Bond Project. Chris Brown,City Engineer gave a brief description of the resolution.He stated staff recommends approval. Mai or Jordan: This went through the Transportation Committee? Chris Brown: Yes,this was recommended by the committee. Council Member Gutierrez moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 158-20 as recorded in the office of the City Clerk RFQ #20-01 Garver, LLC Archibald Yell Blvd. Transportation Bond Project: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $238,920.00,pursuant to RFQ#20-01,Selection 5,for the design of the Archibald Yell Boulevard Improvements Project,to authorize the Mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment - 2019 Transportation Bond Project. Chris Brown,City Engineer gave a brief description of the resolution. He stated staff recommends approval. He stated the Transportation Committee recommended approval. Council Member Turk: Will there be an opportunity for us to see the final designs? Will you bring that back to us and let us view the traffic study? Chris Brown: Absolutely. It won't be at final design. It will be at the conceptual level that we would present. We haven't fully formulated the public review process. Right now, it is very difficult to have in-person meetings. We typically like to have a plan rolled out on a table for the public to take a look at it and talk about it. We get those comments and then we can present those to the Transportation Committee for discussion. We can bring it to the full Council or whatever Council would like to do. We intend to have a very robust public participation process on this project. Council Member Turk: I am glad to hear that because we have been receiving quite a few emails. This seems like it will be a complex discussion going forward. It would be nice to be able to bring it back to the Council and not just have it at the Transportation Committee. Chris Brown: We will keep that in mind. Richie Lamb, 211 North Block Street stated he works as a Land Development Consultant. He stated when reading the final draft of the plan, we need a smaller, slower, and more walkable corridor in this area. He stated neither the RFQ or agreement with the engineer mentioned any 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 20 of 32 adherence to the Highway 71B Corridor Plan. He stated he is not recommending any changes to the resolution, but is asking for reassurance that the project will not inadvertently result in an over widening of the rights of way in the area. Council Member Turk: Was that an oversight not to tie this RFQ to the 71B Corridor project or was that intentional in order to give more latitude to the design? Chris Brown: It is more of an oversight. You can rest assure the discussion we have had with the consultant is the conceptual design and ideas behind all this planning process.This design contract is to take those ideas and put them on paper so it can be built. As far as right of way, we will be working within the right of way of Archibald Yell and reducing the footprint of the driving surface. The intersection at Rock with that reconfiguration that's been sketched up will have some right of way acquired. The whole concept about this project is a safety project for all users, but more for pedestrians than anything else. Council Member Turk: Would it be difficult to amend the RFQ to reference back to the 71B Corridor Project in some way? Chris Brown: It would require us to change the contract a little bit and bring that back before you again. We could do that,but we prefer to get started on the project. You could amend the resolution to add a link to that as an option. We could make some revisions to make it clearer. City Attorney Kit Williams: I would not suggest changing the RFQ because that has been sent out and people have been selected under this RFQ. We don't want to start that process all over again by changing something within the RFQ. Mayor Jordan: Did this go before the Transportation Committee? Chris Brown: Yes. Susan Norton, Chief of Staff: Each step of the way and including during the 2019 Bond discussion,this item was always considered as part of the result of both the Mobility Plan and the 71B Plan. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 159-20 as recorded in the office of the City Clerk Bid#20-30 Midland Industrial Services, LLC: A resolution to award Bid#20-30 and authorize a contract with Midland Industrial Services,LLC in the amount$1,036,491.85 for the construction of critical electrical upgrades at the Noland Water Resource Recover Facility. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 21 of 32 Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the Water and Sewer Committee recommended forwarding the resolution to Council for approval with a 3-0 vote. Council Member Scroggin moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 160-20 as recorded in the office of the City Clerk JCI Industries,Inc.:An ordinance to waive competitive bidding and accept a quote in the amount of$76,056.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the repair of three effluent pumps. City Attorney Kit Williams read the ordinance. Tim Nyander,Utilities Director gave a brief description of the ordinance. He stated the Water and Sewer Committee recommended forwarding the ordinance to Council for approval. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6319 as Recorded in the office of the City Clerk In-Place Machining Company: An ordinance to waive competitive bidding and accept a quote in the amount of $56,000.00 plus applicable taxes from In-Place Machining Company for an emergency repair to the rotor shaft on the thermal dryer at the Biosolids Management Site, and to approve a project contingency in the amount of$8,400.00. City Attorney Kit Williams read the ordinance. Tim Nyander,Utilities Director gave a brief description of the ordinance. He stated the ordinance did not go before the Water and Sewer Committee due to it being an emergency item. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 22 of 32 Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Turk was absent during the vote. 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 Gutierrez 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 6320 as Recorded in the office of the City Clerk Markham Hospitality Owner, LLC Access Easement: A resolution to approve the conveyance of a permanent access easement to Markham Hospitality Owner, LLC and Markham Residential Owner, LLC across real property owned by the City of Fayetteville. Garner Stoll,Development Services Director stated the applicant requested to table the resolution until the City Council meetings are being held in person and not virtually. He stated the applicant would like to obtain a decision before the end of the calendar year. Lawrence Finn,Applicant: We would like to table this until the Council is back in chambers and the city has an opportunity to speak on this issue. Council Member Turk: Thank you to Specialized Real Estate for agreeing to table this until the public has more of an opportunity for face-to-face discussion. City Attorney Kit Williams: When something has been tabled indefinitely, it can be removed from the table by the City Council any time before the end of the year. Normally, it would be removed and put on the next meeting schedule so that everyone would know when it was coming up. Mayor Jordan: If you want to put a date on it, I am okay with that. City Attorney Kit Williams: Indefinitely is probably a good idea. Garner Stoll: Originating this request is very simple. If we get a request from the applicant and you are meeting in Chambers, we can originate it quickly. 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 4,2020 Page 23 of 32 Council Member Marsh made a motion to table the resolution indefinitely.Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled indefinitely. RZN 20-7074 (4210 N. Frontage Rd./Lindsey): An ordinance to rezone that property described in rezoning petition RZN 20-7074 for approximately 0.81 acres located South of 4210 North Frontage Road from C-2, Thoroughfare Commercial to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Tom Henley,Applicant's Representative requested for Council to approve the rezoning. 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimoush. Ordinance 6321 as Recorded in the office of the City Clerk RZN 20-7076 (3010 W. Old Farmington Rd./Stricklin): An ordinance to rezone that property described in rezoning petition RZN 20-7076 for approximately 4.84 acres located at 3010 West Old Farmington Road from RSF-8, Residential Single Family, 8 units per acre to NC, Neighborhood Conservation. City Attorney Kit Williams read the ordinance. Garner Stoll,Development Services Director gave a brief description of the ordinance. He stated the owner isn't obligated to build this, but they have approval from the Planning Commission to build and they have every reason to believe that is their intent. He stated staff and the Planning Commission recommend approval. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 24 of 32 Council Member Turk: They aren't obligated to build out as approved by the Planning Commission. What would be the process if they chose to build something else? Garner Stoll: Just get the Conditional Use permit revoked. They would still be under all our requirements. It wouldn't eliminate other requirements regarding tree preservation or the Hillside Overlay District requirements. The Council needs to decide if Neighborhood Conservation is appropriate. I believe it is. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion spoke about leaving the ordinance on the second reading to allow more time to review it. He spoke about the topography challenges. This ordinance was left on the Second Reading. Designate an Entertainment District: An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Vitality gave brief description of the ordinance. He thanked Assistant City Attorney, Blake Pennington for his assistance on the ordinance. Council Member Turk: If we were to pass this, there isn't anything the city needs to do right now in order for a business to start a sidewalk cafe? Is that correct? Devin Howland: The sidewalk cafe permit process is a process that exist through Development Services.What the change would be when this ordinance becomes law is that their customers could consume an alcoholic beverage in regular stemware at that sidewalk cafe when the ordinance becomes enforceable. In regard to an event if it becomes applicable,with the pilot program we can get to work on logistics and work with businesses to define the area. Council Member Turk: The open consumption district pilot program, is that attached to opening up a sidewalk cafe? If I have a business in the Entertainment District right now and we pass this, I could open up a sidewalk cafe and not wait on defining the boundaries of the open consumption district? Devin Howland: Correct. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar goy City Council Meeting Minutes June 4,2020 Page 25 of 32 Council Member Petty thanked Devin and Blake for their work on the ordinance. He requested for the map to be pulled up on the screen to view. He requested for Devin to speak about liquor license boundaries. Devin Howland: This has been the biggest topic of discussion with businesses. Their liquor license, if you are a bar or restaurant is tied to your livelihood. We have confirmation from ABC this does not change that liquor license serving boundary. When we think about liquor license serving boundaries, this ordinance enables a patron to legally leave the boundary with alcohol. This pandemic is still very real. In regard to safety of people being able to go inside, some of our bars are small.There is an ABC rule change that came out a few weeks ago that we got clarification on and can interact with this district. The ABC rule change enables a business to apply for a temporary outdoor service area, which has requirements. Council Member Petty: Do you know how liquor license boundaries are commonly defined? Devin Howland: I could not speak to that. Council Member Petty: Do you think it's the lease premise language or property boundaries? Devin Howland: It's probably tied not only to their lease, but on a case by case basis where some businesses might have an outdoor patio service and some might not. The defining of that boundary of where that service area is largely dependent upon that operator and their use of the specific space. Council Member Petty: I can't recall a single story from a relevant business who has had an easy time getting a liquor license or amending one they already have. This is going to make an impact for every business in this district. I don't understand why we aren't giving this opportunity to the entire city. Every time I brought this up, people have taken my comments to mean that it should be open drinking, no matter where you are. That's another argument and discussion. If you are in a strip mall or a convenient center and your liquor license ends at the glass door, we should pass this law to take full advantage to offer full opportunity for those businesses to serve outside of their leased premises. When we got started with this we were focused on the Downtown, but our motivation has changed since the outbreak. I am concerned we aren't doing anything for the rest of the city. Council Member Bunch: I have thought the same thing myself. There are areas in Ward 3 that are prime for this that have small restaurants and bars. We would like to encourage more of those amenities in Ward 3. Devin Howland stated one of the things that guided this was making sure they were within the parameters of ACT 812. He spoke about ACT 812 regulations. He spoke about Texas law. Blake Pennington, Assistant City Attorney: The major issue for us was manageability of the districts. It is easy enough to start here in the Downtown area, create the rules, see how it goes, and then recommend expansion of that up to the north side of town or Crossover area. There are 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www.fayettevllle-ar gov City Council Meeting Minutes June 4,2020 Page 26 of 32 areas of town zoned for or customarily used for commercial purposes that could be their own Entertainment District. Council Member Petty stated we have put ourselves in this situation and are acting like the apple cart hasn't tipped over. He spoke about business closures in the past week and believes it's just the beginning. He stated it's not just Ward 2 needing this help. He stated they have created a law that lets people search members of the public, when they are doing nothing wrong, to just see if they are carrying alcohol,which doesn't set well with him on a moral basis. Council Member Marsh: We have large strips of our city along South School Avenue, MLK, and 7th Street that are zoned Downtown General that could be included with this boundary. I agree with Council Member Petty's assessment that this is inequitable with the rest of our city. If we are going to move forward with this,we should allow the entire community to benefit, rather than just concentrating in this area, which we seem to concentrate a lot of investment. Susan Norton, Chief of Staff: I don't think the outdoor cafes have to be within this refreshment area. Is this correct? Devin Howland: The original intent that this district was trying to go after was getting rid of the requirement to have a three-foot barrier around outdoor seating in order for alcohol to be consumed. Throughout our Downtown, some of the recent developments have had to adhere to that and that requirement would be removed.The law takes care of that in regard to the possession. That does not regulate cups and visible identifiers. The only thing city wide is the ABC rule changes. Blake Pennington,Assistant City Attorney: The sidewalk cafes and the boundary that is required, that is an ABC regulation. Based on their recent change, they are still going to require a barrier even if you are outside of your permitted boundary. Whether it's in the north side of town, south side of town or the middle of town, if you have a sidewalk cafe, our ordinance would say if you are in the Entertainment District, you don't have to have this boundary, but the ABC regulation says you still have to have it. This is trying to address a patron who walks inside,buys a drink,and then walks back outside with it. Council Member Petty spoke about what type of drinks are in coolers at the Gulley Park Concert Series. Council Member Gutierrez: You are wanting to offer a permitting option for those businesses who are outside of this area? What is the length of that application and how long can they have their event? Devin Howland stated an application outside of this area, the only thing that was discussed was the outdoor serving of alcohol with businesses that hold existing ABC licenses. He spoke about the Development Services Department overseeing the existing sidewalk cafe option. Council Member Gutierrez: Since we are talking about commercial areas, maybe extend it the length of 71B. That could potentially loop in a few more people and Wards. 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 27 of 32 Devin Howland: The unique thing about these districts is the city gets to promulgate the rules for each one of them. You might not have the same things that are needed in certain areas. It can be highly flexible. Council Member Smith stated it makes sense to want to expand this to benefit other parts of town,but doesn't believe they have the environment yet that would make that appealing. He stated even though they may want to add another Entertainment District later,he doesn't feel the need to do that right now. He spoke about options in Ward 4 and doesn't feel the need to push it yet. He stated he feels the city will stumble once or twice if this passes. He stated he would rather do this in an environment that they are already familiar with before they venture out into some other areas. He spoke about there being time to figure it out before they roll it out to other parts of the city. Council Member Bunch stated she is in support of this. She stated they talk about these areas of concentration on nodes of commerce. She spoke about it being a chicken and egg scenario for her. She stated it will fit in nicely with the Arts Corridor. She spoke about considering other areas in the future. Council Member Turk spoke about possibly doing two pilot areas at the same time. She requested to know if there was an example of somewhere outside of Dickson Street they could pilot at the same time. She wants to go slowly amidst the pandemic and do it right. Devin Howland stated when looking back at the process of how this ordinance got to be here, every change came from a business or a concern. He spoke about all the effort put forth in working with the businesses and listening to them. Council Member Scroggin: I hope we have other pilots, but I want it to be a separate resolution or ordinance from this one. I want to get this one going. If we start talking about adding areas or the entire city, we will literally start over. Bo Counts, Pinpoint owner stated his rent was very expensive and spoke about Ward 2 being extremely expensive to run a business in. He spoke in favor of the ordinance. Council Member Smith: Does your rent include any outdoor space, whether it's a parking lot or patio? Bo Counts: I have a small patio space. A lot of places in the Downtown don't. The application process of getting consumption in places is very complicated. We currently have it, but we can't serve on it, technically. You have to submit a square footage proposal. I did that in mine, but if I wanted to expand my patio I would have to resubmit. It is included in your permit process. Council Member Smith: Lots of Downtown restaurants and bars don't have an outdoor space as part of their lease. It is fairly common for the other areas of town to have a space that comes with a parking lot. Amber St. Clair, 729 West Beck Drive spoke in favor of the ordinance. She stated this is a great place to start and work towards adding more to it later. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 28 of 32 Council Member Smith: We require compostable cups for the pilot program. One of the big considerations has been litter. How will our existing public trash and recycle canisters handle the composting? Peter Nierengarten, Environmental Director: If we go with compostable cups, we would need a third receptacle that's separate from our trash and recycling containers. We are looking at an option for a recyclable aluminum cup and it could go in our existing recycling container. I don't yet know about pricing. Council Member Smith: Would our current language allow them to substitute in a solution like that? Devin Howland stated the current language of the ordinance speaks about compostable cup or reusable. He stated from a sustainability standpoint, reusable would be best, but the virus poses different challenges. He stated during this pandemic that would not be advisable. He spoke about how the language could be amended. He spoke about the city's sustainability values. Council Member Smith stated this is an essential tool in the economic recovery of the city. He stated he wanted to amend the ordinance to add, or other alternative container as certified by the Environmental Director as compatible with the city's Recyclables Collection Program. There was a brief discussion about the wording of the amendment. City Attorney Kit Williams: Peter, is that who you want to be able to do this? Peter Nierengarten: Yes, that is accurate. I like Council Member Smith's language. We want to make sure that whatever cup we end up with is truly recyclable in our program and we would approve. Mayor Jordan clarified with Kit that he had the proposed amendment. Council Member Smith moved to amend the Exhibit to add, or other alternative container as certified by the Environmental Director as compatible with the city's Recyclables Collection Program. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Petty stated he is ready to vote for this. He stated he has heard from too many businesses in the area that need it because it may be the only thing that helps some businesses survive. He spoke about being willing to co-sponsor for any expansion of this program. He spoke about comparisons of other cities to Fayetteville.He spoke about a cognitive dissonance of alcohol. He doesn't believe what they have been worrying about will actually happen. He stated he doesn't understand why drinking responsibly needs to be so tightly controlled. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion.Upon roll call the motion passed 7-1.Council Members 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 29 of 32 Petty, Scroggin, Bunch, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Turk voting no. City Attorney Kit Williams read the ordinance. Council Member Marsh spoke about amending the ordinance to add an Emergency Clause. Council Member Smith requested Kit Williams to read the proposed Emergency Clause language. City Attorney Kit Williams read the Emergency Clause Council Member Turk: I recognize there are a lot of businesses hurting, but this is the first time we have had this reading. It's after 10:00 p.m. and we haven't had hardly any public comment. Devin has a long list of things that needs to be done. We need to respect the process,get this right, and not rush things. There was a brief discussion about the voting order of the item. Council Member Kinion: I agree with Council Member Turk about the Emergency Clause. I am optimistic this will work. I see the need for businesses to have an opportunity this may offer. We should move forward with caution. I don't want to delay it for a very long time, but I don't think the public has had the opportunity to understand every element of this. To go forward with an Emergency Clause where tomorrow this will be enacted is a little too quick for me to endorse the Emergency Clause. Council Member Smith: I agree there is a lot of work left to do in Devin's office. They have to decide on cups and procure cups. That requirement alone will slow down the pilot program. We don't need to wait 30 days because they won't be able to do it anyway. The Emergency Clause will allow for someone to apply for a sidewalk cafe and for Garner's office to process the application. If we wait 30 days before allowing that to happen, we won't have any businesses left to take advantage of this ordinance. The only comments I have had about this have been people asking why we don't have it done already. Council Member Petty requested for Bo Counts to speak. Bo Counts, Pinpoint: I'm happy to table this for 30 days if you are happy to give me another $5,000 to pay my rent for another month, with no income or the people next door to me or the people next door to them. To say that this is the first time it has been viewed, I sat in the public office the very first time this got brought up seven months ago. This is not the first time any of us have had to think about this. We've all had seven months to think about this. The Emergency Clause is desperately important because 30 days is a death sentence for a lot of businesses. Rob Qualls, 2140 East Jonquil Road stated he agrees with Council Member Petty about how conservative this is and how much more can be done. He spoke in favor of the proposed amendment being passed immediately. 113 West Mountain Fayetteville.AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 30 of 32 Council Member Kinion: Although I do express my desire for caution as we move forward, Mr. Counts despair has convinced me this is truly an emergency, which I see that. I will support the Emergency Clause. Council Member Marsh moved to amend to add an Emergency Clause. Council Member Smith seconded the motion. Upon roll call the motion passed 7-1. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Turk voting no. City Attorney Kit Williams explained the Emergency Clause rules of passage. Council Member Petty 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 7-1. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Turk voting no. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Petty, Scroggin, Bunch, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Turk voting no. Upon roll call the Emergency Clause passed 7-1. Council Members Petty, Scroggin, Bunch, Smith,Gutierrez, Marsh, and Kinion voting yes. Council Member Turk voting no. Emergency Clause Approved Ordinance 6322 as Recorded in the office of the City Clerk Fayetteville's First Outdoor Refreshment Area: A resolution to adopt a Phasing Plan for Fayetteville's first outdoor refreshment area. Devin Howland, Director of Economic Vitality gave brief description of the resolution. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 161-20 as recorded in the office of the City Clerk City Parks Contributions: A resolution to request Mayor Jordan have his staff prepare a Request For Proposals to select a professional fund raising company to secure contributions for our city parks. Council Member Petty gave a brief description of the resolution. 113 West Mountain Fayetteville AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 31 of 32 Council Member Turk spoke about her concern about the title and using taxpayer money. Council Member Petty stated he would be happy to take suggestions about the title. He spoke about being cautious about presuming they have the expertise in-house to develop a fundraising plan. He stated we may have the expertise to know how to get the advice and we may have the expertise to execute it, but right now it doesn't appear we have the expertise to develop the fundraising plan. He stated over the course of the next 12 weeks where conversations are happening and if it turns out the city does have the expertise, you shouldn't expect that it would be ignored. He stated he doesn't have any reason to believe that staff isn't in alignment with the intent. Council Member Turk: If it said something like, resolution of intent. You could have the staff be able to explore this and come back with something a little more defined. Council Member Petty: The title should read, A resolution of intent to prepare a Request For Proposals to select a professional fundraising company to secure contributions for our city parks. Council Member Petty made a motion to amend the title to say, A resolution of intent to prepare a Request For Proposals to select a professional fundraising company to secure contributions for our city parks. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Smith: At Agenda Session the question came up about whether other entities like the Walton Arts Center or the library used fundraising companies. I know both the library and the Fayetteville Public Schools have independent foundations that fundraise on their behalf. If in the long term something like that came out, that would be an interesting spin on this, but it's a good indicator that it is reasonable for us to be spending a little bit of money to potentially raise a lot more. Susan Norton, Chief of Staff: What you just said about establishing a foundation, that was the thing we decided not to do in 2017. That is not the intent of what Council Member Petty was bringing forward. In 2017 during the RFP, the city rejected and decided not to move ahead. That is not the path we intend to take. As staff, we are always pretty good at making sure we take advantage of the skill sets we have and then asking for help when we see that we need it. I think that'.s,what Council Member Petty is asking us to do. If the existing resolution allows me and my staff to establish a process for the strategy for executing the fundraising program,then that's what we intend th.do. Does this meet the expectation of the Council with this resolution of intent? Council Member Petty: It meets my expectation. Council Meinber Smith: I did not intend to suggest a foundation. Thank you for the historical record. Mayor Jordan: I was not keen on that idea back in 2017. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar gov City Council Meeting Minutes June 4,2020 Page 32 of 32 Council Member Scroggin moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 162-20 as recorded in the office of the City Clerk Announcements: Mayor Jordan: Thank you to the people of Fayetteville and our Police Department for working together as a unified community during Tuesday night's gathering. Thank you to everyone who attended. Thank you for gathering peacefully to amplify a very important message. Thank you for being a strong example of how this community comes together to support and respect one another. I love this city and I'm very proud of all the accomplishments we all do together. There are about 358 new cases of COVID-19 across the state today. 203 of them were in NW Arkansas with 111 in Washington County and 92 in Benton County. I can't emphasize enough to the public that this pandemic is not over. We are in an emergency situation. We are 65% of the 358 across this state. When you go out, put on a face covering and do social distancing of six feet apart. Businesses require your staff to wear face coverings. Customers, when you go into a business,wear your face covering. Wash your hands frequently. We must do this to end this virus. If we will work together, we will stop COVID-19. City Council Agenda Session Presentations: Agenda Session Presentation on Police Headquarters by Brinkley, Sargent, Wiginton Architects. Agenda Session Presentation Fire Stations 8 & 9 by Miller, Bakus, Lack Architects. City ( ouncil Tour: None Ad'ourn; ent: ! _ p.m. G�.ER / � �: C1TY0•.4.4.A111.1_/' Y4/1/(/ ilales 9J'G. loneld Jo ayor ara Paxton, City Clerk Treasured • AYErr, •A= F •rn : • �'9sy•�ANSPS ' CN C0 `C. 113 West Mountain Fayetteville.AR 72701 (479)575-8323 www fayetteville-ar.gov 1it AY 0 F FT ELF Sill l . m r st , DEPARTMENTAL CORRESPONDENCE aO. 'I OFFICE OF THE 44' KaNSP5 CITY ATTORNEY Kit Williams City Attorney TO: Mayor Jordan Blake Pennington City Council Assistant City Attorney Kara Paxton, City Clerk/Treasurer Jodi Batker Paralegal CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney _' 4 ( ---- ____ _ ___________ DATE: June 5,2020 RE: Mistake in tabling two measures While I was trying to be helpful last night when the City Council was about to table a couple of items: a Resolution for Rules or Order and an Ordinance to Rezone Hughmount Road property; I instead confused the motion. I believe that the City Council and sponsors of both items desired to table the items to our next meeting, but spoke about "two weeks." I thought I was correcting this tabling motion from our Thursday night meeting when I suggested "First meeting in July," but I misspoke. I should have said "Second meeting in June" which I believe was everyone's intention. This was my mistake alone. I do not like to make mistakes, nor do I enjoy admitting them. But I will not follow our fearless leader in D.C.'s example of refusing to admit even the most trivial and obvious mistakes. I goofed, and so I now need to explain how the City Council can overcome my error. I will ask the Mayor and City Clerk to leave item#2 of Unfinished Business: Resolution to Amend Rules of Order and item #5 of Unfinished Business: Ordinance to Rezone Hughmount Road Property on the June 16th meeting Agenda although they were tabled until the July 7th meeting (by my mistake). Normally a tabled item does not appear again on your Agenda until the meeting to which it is tabled. By including these two tabled items on your next Agenda for June 16th, the Council can take them from table and have the full Agenda item before them for easy reference. To do this a Council Member would need to make the following motion when we reach that item in Unfinished Business: "I move we take the Resolution to Amend the Rules of Order and Procedure of the Fayetteville City Council from the table for consideration at this meeting." A similar motion for the rezoning ordinance would also need to be made when we reach that item in Unfinished Business. Both motions would need to be seconded and then passed by the City Council. You can then consider and vote on these items during the June 16th meeting which I believe was your intention. Another advantage to having these items appear on your Agenda is to have a place and time during your meeting when it would be appropriate to remove the resolution or ordinance from the table for your consideration. I apologize for my error which dawned on me as I drove home after the meeting... an "Oops" moment. With the Council's help, my mistake can be corrected without any harm to the rezoning applicant nor to your intention to go forward with the Rules of Order and Procedure item at your upcoming meeting. 2 OF FAM - II :'III CIIj DEPARTMENTAL CORRESPONDENCE E , OFFICE OF THE 4R ANSPs CITY ATTORNEY Kit Williams City Attorney TO: Kara Paxton, City Clerk/Treasurer Blake Pennington Assistant City Attorney Lisa Branson, Deputy City Clerk Kimberly Johnson, Deputy City Clerk Jodi Batker Paralegal FROM: Kit Williams, City Attorney 0( DATE: June 15, 2020 RE: Minutes of June 4, 2020 Meeting Both the motions to table the Procedural Rules and Hughmount Rezoning were to the July 7th meeting. Even though I caused this date for tabling by giving mistaken advice, that was what the City Council approved. Even though this was probably an error, the City Council must undo this error themselves. Thus, unless the City Council removes one or both items by Motion to Remove From the Table during tomorrow night's meeting, those items will not be heard. The minutes should properly reflect a tabling until the July 7th meeting.