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Home My WebLink About2020-07-14 - Agendas - ArchiveCouncil 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 Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting July 14, 2020 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A Special meeting of the Fayetteville City Council was held on July 14, 2020 at 4:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: A. New Business 1. Amend 178.02 Sidewalk Cafes: An Ordinance to amend 178.02 Sidewalk Cafes to remove certain permitting requirements during the period of the Covid-19 Pandemic, to temporarily Authorize the use of paid public parking spaces as sidewalk cafes by adjacent businesses upon payment of the appropriate fees, to clarify the authorized areas of operation of businesses in an entertainment district, and to declare an emergency. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6332. THIS WAS PASSED WITH AN EMERGENCY CLAUSE Announcements: Adjournment: 6:04 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: July 14, 2020 Adjourn: 6 " D � Subject: Roll Smith Gutierrez f Marsh 1 / Kinion Petty Scroggin / Bunch Turk Mayor Jordan Sub' t: Nominating Committee Report Motion To: i Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggi B h Turk Mayor Jordan City Council Meeting: July 14, 2020 Subject: Amend 178.02 Sidewalk Cafes: 2020-0589 Motion To: a j, rc�t / J R IO G f� � �+ G Motion By: Seconded: New Business A.1 Smith V/1"�— Gutierrez f V Marsh V/ V/ Kinion Petty ✓ 1-- Scroggin Bunch Turk Mayor Jordan ---------- - Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: July 14, 2020 Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: July 14, 2020 Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan City Council Meeting: July 14, 2020 Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Subject: Motion To: Motion By: Seconded: Smith Gutierrez Marsh Kinion Petty Scroggin Bunch Turk Mayor Jordan Ick OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan THRU: Kara Paxton, City Clerk FROM: Kit Williams, City Attorney DATE: July 14, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney RE: Ordinance prepared by the City Attorney's Office and passed unanimously by the City Council at its meeting of July 14, 2020 I. AN ORDINANCE TO AMEND SECTION 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID- 19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES, TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DITRICT, AND TO DECLARE AN EMERGENCY. Aker egal City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Special Meeting Agenda Tuesday, July 14, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Special Meeting Special Meeting Agenda July 14, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Agenda Additions A. New Business A. 1 2020-0589 AMEND § 178.02 SIDEWALK CAFES: AN ORDINANCE TO AMEND § 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES, TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT, AND TO DECLARE AN EMERGENCY B. Announcements C. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 2 Printed on 711412020 City Council Special Meeting Special Meeting Agenda July 14, 2020 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Presentations by Staff and Applicants: Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the City Council. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the City Council member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to a City Council member or city staff City of Fayetteville, Arkansas Page 3 Printed on 711412020 City Council Special Meeting Special Meeting Agenda July 14, 2020 member except through the Mayor. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 4 Printed on 711412020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0589 Agenda Date: 7/14/2020 Version: 1 Status: Agenda Ready In Control: City Council Special Meeting File Type: Ordinance Agenda Number: A. 1 AMEND § 178.02 SIDEWALK CAFES: AN ORDINANCE TO AMEND § 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES, TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT, AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02 - Sidewalk Cafes of the Fayetteville Unified Development Code by enacting a new subsection (D) as follows: "(D) Temporary Measures During Declared COVID-19 Public Health Emergency. (1) During any period of the COVID-19 public health emergency, as declared by the Mayor, Governor, or President: (a) The City shall waive application/permit fees and permitting steps described in subsection (B) above; and (b) The City shall waive that portion of subsection (C)(1) requiring a detailed site plan and written description but all sidewalk cafes shall comply with the remaining requirements of subsection (C) (c) The Mayor shall be authorized to reserve paid public parking spaces for the exclusive use by adjacent businesses as sidewalk cafes upon payment of the parking fees established in Article III - Parking Meters of Chapter 72 Parking Regulations. The Mayor shall be authorized to promulgate any rules or conditions necessary to ensure the safety of customers and staff and the equitable use of the City's public parking spaces. (2) The provisions of this subsection shall expire at the end of the declared COVID-19 public health emergency." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E) of § 111.07 Outdoor Refreshment Area and enacts a new subsection (E) as follows: "(E) Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor City of Fayetteville, Arkansas Page 1 Printed on 711412020 File Number: 2020-0589 Refreshment Area is authorized to operate a sidewalk cafe pursuant to § 178.02 of the Unified Development Code or has an outdoor space located on private property: (1) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk cafe permit or in the outdoor space during the owner's posted hours of operation. (2) Glass containers, aluminum cans, and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas. (3) No fencing or other enclosure of a permitted sidewalk cafe or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include, but are not limited to, parking areas, fields, lawns, patios, and gardens as long as they are located on private property and the owner is authorized to utilize those spaces." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. City of Fayetteville, Arkansas Page 2 Printed on 711412020 Mary McGetrick Submitted By City of Fayetteville Staff Review Form 2020-0589 Legistar File ID 7/14/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/13/2020 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: Approval of an emergency ordinance which streamlines the sidewalk cafe process and parklet development process) for use by restaurants, bars, performance venues, and other businesses. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title I� $ Previous Ordinance or Resolution # 6322 Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 14, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Mary McGetrick, Long Range Planner Devin Howland, Director of Economic Vitality DATE: July 9, 2020 CITY COUNCIL MEMO SUBJECT: Emergency use of ROW and Metered Parking Spaces by Restaurants, Bars, and Other Businesses who hold alcohol permits RECOMMENDATION: Staff is recommending approval of an emergency ordinance which streamlines the sidewalk cafe process and parklet development process for use by restaurants, bars, performance venues, and other businesses. BACKGROUND: While the use of sidewalk space and parking spaces are currently allowed through the sidewalk cafe permit process and tactical urbanism process, this ordinance expedites the process for businesses wishing to utilize one or both in hopes of providing safer options for expanded social distancing during the pandemic. DISCUSSION: This ordinance waives the fees and permitting steps associated with obtaining sidewalk cafe permits (such as the application process, notification requirements, application fees, and posting of a surety bond), but retains the provisions which ensures their safe use and that ADA access is maintained. This adjustment would enable various businesses such as a restaurant, to explore on their own if sidewalk seating is something their business could benefit from during the pandemic. This amendment would interface well with the Outdoor Refreshment Ordinance and allow businesses the opportunity to be creative and try new things quickly without remitting fees or permit review. Sidewalk cafes could be utilized by restaurants, bars, performance venues and other businesses looking to expand outdoor seating. This ordinance also encourages expanded use of parklets within City -owned right-of-way by developing a set of guidelines, that if followed, enable development and use without an initial development services review. This approach replaces regulatory provisions by providing technical assistance to businesses. Parklets could be developed by any business looking to expand their services to a safe outdoor environment. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Section two amends the sidewalk cafe provisions of the entertainment district ordinance in anticipation of the Outdoor Refreshment Area's being utilized in other places throughout the City. Currently, staff has been able to permit the outdoor services areas and sidewalk cafe permits without any issue due to the abundance of right-of-way and sidewalks in Downtown. Other areas throughout the City that will likely be utilized for expanded outdoor service will not be adjacent to public streets or sidewalks. However, their parking lots, lawns, and patios may not be within their Alcoholic Beverage Control Division permit area. Once other ORAs have been established, customers would still be able to take alcoholic refreshments outside, even without the business going through the ABC Outdoor Service Area process. This alteration would also be applicable to bars as well, whereas the ABC Outdoor Service Area process is limited to restaurants. BUDGET/STAFF IMPACT: N/A Attachments: Ordinance Parklet Design Guidelines The parklet design and location shall conform to the following design guidelines, as well as any additional standards made at the discretion of the Development Services Department. 1. LOCATIONS Each parklet shall be limited to utilizing no more than three (3) parking spaces directly adjacent to the applicable business and located at least one parking stall from a corner and other parklets. 2. CORNER LOCATIONS The proposed parklet site shall be located at least one parking spot from a corner or protected by a bollard, sidewalk bulb -out, or other similar feature, if located at the corner. 3. SPEED LIMIT Parklets are permitted where the posted speed limit is 30 mph or less. Streets with higher speed limits may be considered on a case -by -case basis. 4. STREET SLOPE Parklets must be situated on streets with a running slope (grade) of five percent or less or provide a level surface to meet this grade. S. BUFFERS & SAFETY ELEMENTS Parklets shall be required to have a buffer to protect users from street traffic. Buffers can be either reflective tape, planters, durable seating, temporary railing/edging, or other visible, protective edging as approved by staff in the application process. Parklets shall be required to have soft hit posts and wheel stops. Parklets must be situated a minimum of 2 feet from the nearest edge of traveled way. Planters used as edging features are required to be large and durable. 6. UTILITIES Parklets shall not be allowed in front of a fire hydrant, or over a manhole, public utility valve, or cover. Curb and roadside drainage shall not be impeded by the parklet. If decking is being constructed, the decking should allow for easy access underneath and curbside drainage shall not be impeded. A gap of 6" should be maintained between the body of the deck and the asphalt to facilitate the movement of water. 7. ADA REQUIREMENTS All elements of Parklets shall be constructed and/or installed to conform to the applicable provisions, rules, regulations, and guidelines of the Americans with Disabilities Act (ADA).Tables 8. DESIGN FOR EASY REMOVAL Parklets are temporary in nature and must be designed for easy removal. All removable furniture must be locked or stowed each night. 9. PARKLET DECKING Parklet decking must be flush with the curb and may not have more than %" gap from the curb. If decking is installed, a minimum 36" ADA accessible entryway to the parklet must be maintained. Platforms shall not exceed a 2% cross slope. Deck installation shall not damage the sidewalk, street, curb, or any aspect of the public right-of-way. Due to the temporary nature of the parklet, any proposed decking shall not be allowed to be bolted into the asphalt and must must include semi -permanent materials installed in a way that does not require reconfiguring the roadway or pouring concrete. 10. EDGING All proposed edging shall be visually permeable. Due to the temporary nature of the parklets, all edging or railing shall not be bolted to the asphalt. The temporary railing shall be durable enough to stand on its own and should have a sturdy base. 11. VISUAL DESIGN Parklet designs must maintain a visual connection to the street and not obstruct sight lines to existing businesses or roadway signage. While not visible from the sidewalk, the parklet's back is highly visible from across the street. Large blank walls, therefore, are discouraged. 12. MATERIALS Materials should be high quality, durable, waterproof, and capable of withstanding heavy use and exposure to the elements. Loose particles such as sand or loose stone are not permitted within the parklet area. All furniture must be designed for outdoor use. The following images outline allowed material and furniture types. Sofas as parklet furniture is prohibited. All materials and seating or table constructions and configurations are subject to inspection and may require a permit at the discretion of Development Services Department staff. Allowed materials: metals, sturdy plastic chairs, wood, sturdy recycled materials .. 17- .. 1 BUILDINGS 1. Located at least one parking stall from a corner (If located at corner, p must be protected by a bollard, sidewalk bulb -out, or other similar fear 2. In an area with a posted speed limit of 30mph or slower. 3. Minimum of 2 feet from the nearest edge of traveled way. 4. Street has a grade of no greater than 5%.Tables postioned at a grade greater than 2%. 5. Buffer to protect users from street traffic. DESIGN, Cont. N1% PF 6. If decking is installed, decking must be flush with the curb and may not have more 1110 than %" gap from the curb. If this is impossible, the parklet must be ADA accessible. A minimum 36" ADA accessible entryway to the parklet must be maintained for all Oparklets. 7. The platform should allow for easy access underneath the platform and curbside OD drainage may not be impeded. A gap of 6" should be maintained between the body of the deck and the asphalt to facilitate the movement of water. 8. All edging shall be visually permeable. 9. The temporary railing shall be durable enough to stand on its own and should have a sturdy base. Business owners are responsible for the following. Additional requirements and further details may be requested at the discretion of the Development Services Department. • Keep parklet well maintained and in good repair with daily cleaning. • Keep parklet free of debris, grime, and graffiti. • Water and maintain all parklet vegetation. • Provide pest control as needed. • Amplified music is prohibited in the parklet. ORDINANCE NO. AN ORDINANCE TO AMEND § 178.02 SIDEWALK CAFES TO REMOVE CERTAIN PERMITTING REQUIREMENTS DURING THE PERIOD OF THE COVID-19 PANDEMIC, TO TEMPORARILY AUTHORIZE THE USE OF PAID PUBLIC PARKING SPACES AS SIDEWALK CAFES BY ADJACENT BUSINESSES UPON PAYMENT OF THE APPROPRIATE FEES, TO CLARIFY THE AUTHORIZED AREAS OF OPERATION OF BUSINESSES IN AN ENTERTAINMENT DISTRICT, AND TO DECLARE AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02 — Sidewalk Cafes of the Fayetteville Unified Development Code by enacting a new subsection (D) as follows: "(D) Temporary Measures During Declared COVID-19 Public Health Emergency. (1) During any period of the COVID-19 public health emergency, as declared by the Mayor, Governor, or President: (a) The City shall waive application/permit fees and permitting steps described in subsection (B) above; and (b) The City shall waive that portion of subsection (C)(1) requiring a detailed site plan and written description but all sidewalk cafes shall comply with the remaining requirements of subsection (C) (c) The Mayor shall be authorized to reserve paid public parking spaces for the exclusive use by adjacent businesses as sidewalk cafes upon payment of the parking fees established in Article III — Parking Meters of Chapter 72 Parking Regulations. The Mayor shall be authorized to promulgate any rules or conditions necessary to ensure the safety of customers and staff and the equitable use of the City's public parking spaces. (2) The provisions of this subsection shall expire at the end of the declared COVID-19 public health emergency. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E) of § 111.07 Outdoor Refreshment Area and enacts a new subsection (E) as follows: "(E) Sidewalk Cafes and Outdoor Spaces in Outdoor Refreshment Areas. If an owner within the Outdoor Refreshment Area is authorized to operate a sidewalk cafe pursuant to § 178.02 of the Unified Development Code or has an outdoor space located on private property: (1) The owner may serve and allow the possession and consumption of alcoholic beverages in open containers during the hours of operation and in the areas authorized by the sidewalk cafe permit or in the outdoor space during the owner's posted hours of operation; (2) Glass containers, aluminum cans, and other types of drinkware shall be allowed in sidewalk cafes and outdoor spaces but shall not be removed from those areas; and (3) No fencing or other enclosure of a permitted sidewalk cafe or outdoor space located within a designated outdoor refreshment area shall be required. (4) Outdoor spaces include, but are not limited to, parking areas, fields, lawns, patios, and gardens as long as they are located on private property and the owner is authorized to utilize those spaces. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because it will provide opportunities for Fayetteville dining establishments, residents, and visitors to comply with the directives issued by the Arkansas Department of Health regarding limited occupancy and social distancing, which are necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED this 2 1 " day of July, 2020. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer