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HomeMy WebLinkAbout2020-07-21 - Minutes -Council Member Sonia Gutierrez Ward I Position I Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position I Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting July 21, 2020 City Council Meeting Minutes July 21, 2020 Page 1 of 24 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 21, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. 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. 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: 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 2 of 24 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. Public comment 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 opened for public comment. Each speaker is allowed five minutes to be broken into two segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or 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 a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: None Aecnda Additions: Fayetteville City Health Officer: A resolution to approve Mayor Lioneld Jordan's appointment of Dr. Marti Sharkey as Fayetteville City Health Officer. Council Member Smith made a motion to suspend the rules and add the Fayetteville City Health Officer to the agenda. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan: I am pleased to announce the nomination of Dr. Marti Sharkey as the Health Officer for the City Board of Health. Dr. Sharkey will be working directly, if approved, with the City Board of Health and as a liaison to my office, the City Council, and the public. City Attorney Kit Williams read the resolution. Council Member Gutierrez: I was very impressed with Dr. Sharkey's resume and her award for infectious disease. This is an excellent appointment. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 188-20 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 July 21, 2020 Page 3 of 24 Consent: Approval of the July7, 2020 City Council meeting minutes. Approved Bid #20-51 Diamond C Construction Company: A resolution to award Bid #20-51 and authorize a contract with Diamond C Construction Company in the amount of $148,928.05 for improvements to the Razorback Greenway Tunnel under the Fulbright Expressway and to approve a project contingency in the amount of $25,000.00. Resolution 189-20 as recorded in the office of the City Clerk Tyler Technologies, Inc.: A resolution to approve an amendment to the contract with Tyler Technologies, Inc. for the purchase and implementation of electronic citation software and hardware in the amount of $90,711.00, and to approve travel expense reimbursement to Tyler Technologies, Inc. in an amount not to exceed $1,500.00. Resolution 190-20 as recorded in the office of the City Clerk RQF #20-01 Olsson, Inc.: A resolution to approve a professional Engineering Services Agreement with Olsson, Inc., pursuant to RQF #20-01, in the amount of $41,200.00 for design of the Wilson Park Trail Bridge and Promenade Project, and to approve a project contingency in the amount of $5,000.00. Resolution 191-20 as recorded in the office of the City Clerk Dan and Anita Spencer Easement: A resolution to authorize Mayor Jordan to sign a Warranty Deed conveying about 23.65 acres to Dan and Anita Spencer in exchange for the 17.60 acres the city acquired to install a force main to carry water from Lake Sequoyah to the city's sewer system. Resolution 192-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Appeal: RZN 20-7080 (360 N. Arkansas Ave./Sigma Phi Epsilon): An ordinance to rezone that property described in rezoning petition RZN 20-7080 for approximately 0.20 acres located at 360 North Arkansas Avenue from RMF-40, Residential Multi -Family, 40 units per acre to DG, Downtown General, subject to a Bill of Assurance. At the June 16, 2020 City Council meeting this item was left on the first reading. At the July 7, 2020 City Council meeting this item was left on the second reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 4 of 24 Mayor Jordan: Garner, I understand the applicant has asked to table this indefinitely. Is that true? Garner Stoll, Development Services Director: Yes. We have an email from Mr. Jorgensen, which is the applicant's representative, asking that the item be tabled indefinitely. Council Member Smith moved to table the ordinance indefinitely. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. This ordinance was Tabled Indefinitely. RZN 20-7086 (1278 W. Hendrix St./Oak Equity Partners): An ordinance to rezone that property described in rezoning petition RZN 20-7086 for approximately 0.51 acres located at 1278 West Hendrix Street from RSF-8, Residential Single Family, 8 units per acre to RI-U, Residential Intermediate -Urban. At the June 16, 2020 City Council meeting this item was left on the first reading. At the July 7, 2020 City Council meeting this item was left on the second reading. Council Member Petty moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he did not have anything else to add and would be happy to ask questions. Bill Fugget, Applicant stated he didn't have anything to add and was available for questions. Council Member Gutierrez: We heard from the neighbors not so long ago about their feelings that they would not like to see increased density with this kind of zoning in their neighborhood. Planning Commissioner Garlock, Sharp, and Paxton cited that they felt there was a lack of appropriate pedestrian infrastructure for this up -zoning. I won't be supporting the rezoning. Council Member Turk: This property was just rezoned about nine months ago. I don't think much has changed between nine months and today. This is a very stable and modest neighborhood. Up -zoning is not appropriate in this area, especially for RI-U with this kind of high density. We have heard from the neighbors and they are opposed to it. We should consider those folks that have been there a long time and invested a tremendous amount of money and heart. When you buy a piece of property, you shouldn't assume you can change the zoning. You know what the property is zoned when you purchase it. To be able to dramatically up -zone in this fashion, it is not appropriate. Council Member Kinion: We have just rezoned this property and it's almost like they are sneaking it in now that we are in a COVID era. There's nothing that has changed, and we zoned it correctly nine months ago. It was a generous zoning. It was a step that allowed the developer to move forward, but they are now back asking for more. This is not my ward. These neighbors have been struggling to protect the encroachment into the neighborhood with zoning that is not 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 5 of 24 compatible. This neighborhood has an identity and it's valuable to preserve the identity of the neighborhood. The neighbors that live there deserve the respect that they are being heard. I will not be supporting this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed 3-5. Council Members Marsh, Petty, and Scroggin voting yes. Council Members Gutierrez, Kinion, Bunch, Turk, and Smith voting no. The ordinance failed. RZN 20-7089 (1139,1213,1237,1251, & 1283 W. Hendrix St./Marks): An ordinance to rezone that property described in rezoning petition RZN 20-7089 for approximately 2.00 acres located at 1139, 1213, 1237, 1251 and 1283 West Hendrix Street from RSF-4, Residential Single Family, 4 units per acre to RSF-18, Residential Single Family, 18 units per acre. At the June 16, 2020 City Council meeting this item was left on the first reading. At the July 7, 2020 City Council meeting this item was left on the second reading. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke about staff supporting RSF-18. Glen Marks, Applicant thanked Council for recommending the change to RSF-18. He stated he has the support of the community. Council Member Turk: Two weeks ago, we were discussing RI-U. You had a Bill of Assurance to go along with that. You mentioned your intent was to build single-family dwellings within that area. Is there are also a Bill of Assurance with this new zoning designation that is before us? City Attorney Kit Williams: There is not. We are not allowed to ask and try to negotiate and get Bills of Assurances. They have to be offered totally voluntarily. It is something the applicant would be offering in order to try and get the zoning he or she has requested. We shouldn't be asking developers for Bills of Assurances. It is better to let them come forward themselves. Garner Stoll: The RSF-18 is a single-family district by right. It does have the possibility of asking a Conditional Permit to consider a higher density. The RI-U, where the Bill of Assurance restricted it to single-family isn't necessary since it is already restricted to that use. Mayor Jordan: It's already restricted to single-family homes. Is that correct? Garner Stoll: Yes, sir. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 6 of 24 Council Member Gutierrez: In the packet it says, "Ample public comment in opposition was made prior to the meeting and phone call discussions with staff." Even though we are not hearing any public comment at this time, that public comment was received through the staff and Planning Commission and not here. There was only one comment made in support for the rezone. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-3. Council Members Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Gutierrez, Kinion, and Turk voting no. Ordinance 6333 as Recorded in the office of the City Clerk C-PZD 20-7093 (NW of Deane Solomon Rd. & Lori Dr./Underwood Dev.): An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 20-7093 for approximately 128.54 acres located Northwest of Deane Solomon Road and Lori Drive to allow a mixed -use development that includes city parkland and 602 Multi -Family units with associated parking. At the July 7, 2020 City Council meeting this item was left on the first reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Review Manager stated the city's forester was able to make a rough estimate of the canopy on site and it was not a formal tree survey that would come with a development. He stated the forester estimated that there is about 13.5% canopy on the property. He stated the applicant has proposed a 20% canopy, whereas code requires 25% for a PZD. He stated with there being significantly less than 20%, it more or less makes no difference. He stated any trees that are moved will have to be brought back to that approximate 13.5%, not up to a 20% or 25% level. Craig Underwood, Applicant stated Laura and he purchased the property in 2017 and they anticipated holding the land for three to five years on the short end but were fully comfortable holding it for eight to ten years as the Mayor's box was completed and the land increased in value. He stated up to 400 single-family homes could be built on the current zoning. He stated today's proposal is not based on our timeline. He stated individuals at the city recognize the massive deficiency of park space that is on the west side of Fayetteville. He stated when they purchased the property in 2017, he went to Mayor Jordan and asked for advice. He stated Mayor Jordan suggested they should meet with many experts to educate ourselves about the property. He spoke about a meeting with Council Member Petty who encouraged him to not do garden style apartments like Mr. Underwood had done at the Cliffs. He stated Council Member Petty suggested a more compact design for multi -family. He spoke about the collaboration with many people for his suggested proposal and what the project would possibly look like. Joe Fifer, Crafton Tull: Condition of approval number one, regarding tree preservation percentages, originally, we wanted to rezone the property. At the recommendation of the city we 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 7 of 24 brought this through as a PZD. Each of the planning areas mimic a zoning, whether it's R-O, NS- G, P 1 and RMF. The only changes that have occurred were based on staff recommendations. We would like the opportunity for the tree preservations required by each of these districts. Currently on site, the preservation requirement is only at 20%. All the planning areas proposed will meet the 20%, which is required now, or it will be higher within that Planning Area 3. The total percentage is at 13%, but certain areas will likely be split off in the future. Each of those lots will be reviewed individually. Condition of approval number two is within Planning Area 1, which is based on R- O zoning. We are proposing to limit the density to four units per acre. This is based on a meeting we had with one of the leaders from the adjacent neighborhoods. They were more comfortable limiting the density for a period of time and having it revert back to the 24 units per acre after 10 years. Conditions of approval number three regarding improvements on Dean Solomon, due to the large value of land being donated with a PZD we feel like our client should not have to bear the cost of road improvements along Planning Area 4 only. It is 650 feet out of the 2,200 linear feet along Dean Solomon. By code we would only be required to dedicate 12 acres of parkland based on the proposed 602 units. Planning Area 4, we are proposing that 15 will be banked for future development as parkland. The remaining 37.5 acres would equate to $1.8 million donation in land. If the plan is approved, Planning Area 2, which is the rest of the frontage along Deane Solomon will be accessed during the development review for these improvements. Conditions five and six from Planning Commission, we revised the PZD to require minimal buildable frontage of 50% of the lot width for all the planning areas and added a note that both parkland and right-of-way are considered frontage. Additionally, we updated the planning areas building setbacks to reflect the zero to twenty-five foot build to zone. We added the distinction if a lot had frontage with both public right-of-way and parkland, the build to zone would apply to either. Our proposed changes will allow the future developer the option to choose based on the location and the nature of the project. Council Member Smith: Regarding tree canopy. This is a big chunk of land and it's going to probably get subdivided into pieces and developed in phases. How is that calculation done? Jonathan Curth spoke about it being the developer's choice. He stated the Urban Forester is willing to be flexible. He spoke about the options that could be used. Keith Tencleve, Parks and Recreation Advisory Board. He stated the board voted unanimously in favor of the project. He spoke about the need in West Fayetteville for a community park. He thanked the Underwoods for using their investment to help the community. He thanked Council Member Smith for his work. He spoke about the Underwoods working with the neighbors to make sure it was a proposal that met the needs of the area. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: There are five conditions. In previous conversations, we talked about splitting those up. My understanding right now is all of those are in this one bundle. Do we want 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 8 of 24 to pull back a little bit and review those one by one or if we want to go forward with the whole package? Mayor Jordan: Jonathan, do you have anything on that? Jonathan Curth: No, Mayor. That would be the Council. Mayor Jordan stated he would leave it up to Council to discuss it if they wanted. Council Member Smith thanked everyone who has been involved with this item in the past year and the conversations the Underwoods have had with the community. He stated a lot of the issues that are in those conditions have been talked about several times and have been negotiated by the people who are going to be most directly impacted by them. He stated not every condition in there is exactly what he wants, but on the whole, it is a fantastic compromise. He stated it is worth it for what the city is getting, and it will be an incredible asset to the city. He stated he is in support of the ordinance. Council Member Gutierrez requested to hear more from Council Member Turk about highlighting any of the conditions of approval. Council Member Turk: I wanted to hear more clearly from the applicant, are the park perimeter frontage conditions in the minimum buildable street frontage? Is that doable for them or is it going to be a bit of a challenge? Tom Hennelly, Crafton Tull: On the park frontage, the change that was made as this project went through Planning Commission, we had proposed considering both the street frontage and the parcel along Deane Solomon. That has frontage along Deane Solomon and also has frontage with what would be parkland. The Underwoods are not developing that property. They will sell those lots to other developers who will bring Large Scale Developments through. What we are proposing is that each individual developer be given the opportunity to choose if they want to front Deane Solomon or front the park, based on the type of business or development they are proposing before Planning Commission. All these planning areas were mimicked off of existing zoning districts. NC is what we mimic the zoning district that fronts Deane Solomon. We wanted it to cover 50% of the frontage of that lot, but it could front either Deane Solomon or the park. The reason we don't want to accept Planning Commission's recommendation is because there is 10,000 linear feet of park frontage, roughly. Of that 10,000, roughly 5,000 is already developed or on property that we don't own. That leaves about 5,000 feet of this zoning area that fronts the park and the conditional of approval as it stated would require every parcel in this rezoning to front the park. There are portions of it where it's not applicable. They would have the opportunity to choose as each development comes through and that is one of the conditions we would like reviewed. We didn't want to bring this through as a PZD. It was recommended that we bring it through as a PZD because of the complicated nature of the project. Currently, we've got 20% tree preservation as an aggregate over the entire site. We want to be able to keep that 20% and not be penalized another 5% for bringing a PZD through. It is beneficial to our client to have that remain at the 20% that it currently is. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 9 of 24 Council Member Turk: Thank you. Is this the appropriate time if I move to amend one of the conditions? Mayor Jordan: You can amend anytime you want. City Attorney Kit Williams: Yes, you could. The 25% required for tree preservation protection when it is a PZD is part of the Unified Development Code. There's not a provision in there that says UDC can be amended by a PZD. That is a high requirement and PZD's require more than any of these other zones, but that's not something that can be chosen by the City Council. We can't just waive the Unified Development Code. When it's enacted, we have to follow it until it is changed. The very first condition that the applicant would like to see revised back to 20% is simply in violation of the UDC and I don't think it is possible. The other ones they are talking about don't have that kind of legal problem. Council Member Turk: Thank you, Kit. I would like to amend the first item that the applicant brought up, which is to be able to give them the option of either the parkland side or the street frontage side. This will give them more flexibility. City Attorney Kit Williams: Is this number 4 or number 5 you are suggesting to amend? Jonathan Curth: There is a typo, but it is listed in the staffs report as Condition Number 5. There was a brief discussion on the wording of the amendment. Council Member Petty stated he is supportive of the intent, but it seems as though as read, it may be removing more language than is required for the intent. He spoke about the wording of the last sentence. He spoke about it possibly increasing the relevant burden on the applicant. City Attorney Kit Williams: If this is a zoning requirement, it would only be subject to variance that's subject to the Board of Adjustment. It would not be subject to reductions subject to staff approval. Staff can't approve zoning changes by themselves. Jonathan Curth: There is a nuance to zoning code when it comes to built street frontage. The Council, when it was adopted, wanted to ingrain certain allowances within it to lighten the burden on developers for things like a floodplain or an easement associated with overhead power lines. That wouldn't count against you and those are the staff reductions that we are able to grant without it going to the Board of Adjustments. The main reason that was included was to distinguish it from the previous condition, which would be a development variance subject to Planning Commission consideration. Council Member Petty: In striking the final sentence, are we in any way reducing the flexibility for staff to treat unusual situations the same way they might if this were a standard zone? Jonathan Curth: Staff s interpretation would be that it is a zoning requirement that goes to the board, subject to reductions we can give. I don't think striking it would have any effect. It was intended to be included as a clarification. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 10 of 24 City Attorney Kit Williams: If you prefer, we could strike only the language with a prioritization on parkland. Jonathan, do you think that would be the proper thing to do or should we keep the last sentence in? Jonathan Curth: I think it may be helpful. PZD's are sometimes difficult for staff to keep track of. There are dozens and dozens throughout the city, and they all have their own details. Any breadcrumbs that can be dropped for future staff is always helpful. Council Member Petty: With that in mind and recalling several applications in the past 5 or 10 years, where we've had trouble determining what was intended when the original PZD was passed, I can support the intent of the motion, but only if it's limited to the clause in question, with respect to prioritization. City Attorney Kit Williams: Is that acceptable to the motioner? Council Member Turk: Please reread it. City Attorney Kit Williams: "All Planning Areas shall have a 50% minimum buildable frontage requirement for lots, with contributing built frontage established by adjacency to either public street or parkland. This shall be a zoning requirement, with reductions subject to staff approval and variances subject to Board of Adjustment consideration." The only thing that amendment would do is remove the prioritization on parkland and allow the developer to decide whether he wants to have the frontage on the public street or the parkland. Council Member Turk: I would like to leave the language as you just read it. Council Member Turk moved to amend Condition Number 5 to say built frontage can either be to the public street or parkland. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-1. Council Members Gutierrez, Kinion, Petty, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Marsh voting no. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6334 as Recorded is the office of the City Clerk New Business: McClelland Consulting Engineers. Inc. - 2019 Transportation Bond Project: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc. in the amount of $85,894.00 to provide construction phase services and materials testing associated with the Zion Road - Vantage to Crossover Project, and to approve a budget adjustment — 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 11 of 24 Council Member Gutierrez moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 193-20 as recorded in the office of the City Clerk Bid #20-39 Tri Star Contractors, LLC - 2019 Transportation Bond Project: A resolution to award Bid #20-39 and authorize a contract with Tri Star Contractors, LLC in the amount of $6,820,075.20 for the construction of the Zion Road - Vantage Drive to Crossover Road Project, to approve a project contingency in the amount of $341,000.00, and to approve a budget adjustment- 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. Council Member Gutierrez stated she is very excited about the project. She spoke about the road being rough when she has used it over the years. She thanked everyone for their work on making the improvements and supporting the project. Mayor Jordan: We were talking about these Zion Road improvements when I was on the Council, which has been a while back. I am glad to see this coming to fruition. I know if Bobby Ferrell and Justin Tennant are watching tonight, they will remember working and trying to get funding for this road. Council Member Gutierrez moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 194-20 as recorded in the office of the City Clerk American Electric Power - 2019 Transportation Bond Project: A resolution to approve a utility relocation agreement with American Electric Power in the amount of $45,377.06 for utility relocations related to the Church Avenue/Meadow Street Sidewalk Project, and to approve a budget adjustment- 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. Council Member Gutierrez: For improving accessibility, this is an awesome project. Thank you to the voters. I have worked very closely with people who need this accessibility. I am very excited to see this project come to fruition. I would love to see more of these. Mayor Jordan: Absolutely. Council Member Smith moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 195-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 12 of 24 Fayetteville Public Library Expansion Project Change Order No. 6: A resolution to approve Change Order No. 6 to the Fayetteville Public Library Expansion Project Contract with Crossland Construction Company, Inc. in the amount of $165,363.00, and to allocate unencumbered contingency funds to the project for a portion of the library's contract scope. Wade Abernathy, Bond Projects & Construction Manager gave a brief description of the resolution. Council Member Gutierrez spoke about being thrilled about the library's development and expansion. Mayor Jordan: It's a great project. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 196-20 as recorded in the office of the City Clerk University of Arkansas Real Estate Contract: A resolution to approve the Real Estate Contract for Equal Exchange of Properties of the Western Slope of Markham Hill owned by the University of Arkansas with property owned by the City of Fayetteville on Razorback Road and Indian Trails, and to approve a budget adjustment. Susan Norton, Chief of Staff gave a brief description of the resolution. Council Member Smith: This looks like a fantastic acquisition. I have a question about the type of development that might be on the land over on Indian Trails. That is fairly, heavily canopied. When the city develops, we go through our own development process. Would the University commit to also going through the city review process and what their plans are, as far as the canopy preservation that is on that land? Mike Johnson, Associate Vice Chancellor of Facilities Management: The University has been using this land for a number of years for a staging area for recycling debris and staging other things we periodically would haul off to a landfill. Our goal on these 10 acres is to contract a tennis complex on the flatter part of the acreage on the north parcel, which is currently not treed and to maintain as much as the tree cover as possible on the rest of the property. We cleaned out, limbed up, and opened up the underneath of that entire 10 acres along with a number of other acres around the community and have kept it clean and open, but the tree canopy has flourished in that area. Our goal is to maintain the maximum amount of remaining tree cover as possible as we build 12 tennis courts, a very small storage building, administrative building, a little bit of parking off the street and parallel parking in the street that's available for some of the businesses on this strip mall. Hopefully, the tennis complex will be open in the late Fall of 2021. There was a brief description of the proposed plan on the computer screen for the public, staff, and Council to view. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 13 of 24 Council Member Smith: Thank you, Mike. You answered my second question about the planned trail connection that goes through there. It looks fantastic. Mike Johnson: Thank you and we appreciate this. This is about as big a win -win as we could come up with and there is no money being exchanged. City Attorney Kit Williams: Thank you to Representative Whitaker. One reason it took so long to get this project done is that the legislature had changed the law and did not allow such an exchange to occur. In 2019, Representative David Whitaker, on behalf of the city approached the legislature with a bill and eventually the legislature changed the law and allowed this to occur. He has always been very helpful to the city. David made this project possible. Council Member Turk thanked everyone who had been involved in the project. She stated this will go a long way into providing additional greenspace in Ward 4. She stated in the past, the residents over there have been able to use the Pratt Place area and Markham Hill area, which that is going to change real soon. She stated this will be a consolation where they will have access to the Markham Hill area and greenspace. Mayor Jordan thanked Mike Johnson, Don Marr, Susan Norton, Kit Williams, and trails people. He stated he wanted to preserve the mountain. He stated he hopes Council will support it. He spoke about preserving 1,200 acres of greenspace and urban forest in the City of Fayetteville over the last 6 years, which will never be touched again. He spoke about legacy. Council Member Gutierrez moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 197-20 as recorded in the office of the City Clerk RZN 20-7108 (3620 W. Dinsmore Trail/Oade): An ordinance to rezone that property described in rezoning petition RZN 20-7108 for approximately 2.81 acres located at 3620 West Dinsmore Trail from R-A, Residential Agricultural to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. Colt Oade, Applicant spoke in support of the University of Arkansas Real Estate Contract. He spoke briefly about his project. He stated the water pressure is adequate and requested approval from the Council. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 14 of 24 Council Member Smith: I will support this rezoning, but it makes me nervous. We have seen the style of development we are getting on the west side of Rupple, with zoning that is very similar to what we see in this area. We have not seen that on the East side. The public schools are probably building a new middle school on that middle roundabout and that's going to dramatically and very soon change the economics of this area and the type of development that's going to want to come forward here. We currently have most of this zoned exclusively residential. This area has limited commercial opportunities and very few jobs that aren't retail and it's disconnected from the rest of the city by the highway. There is no way across Interstate 49 without dealing with the Wedington or MLK interchanges. We are looking at an area that is approximately equal in size to downtown Fayetteville. We need to look very closely at our long term plans and our near term plans for this area and how we are going to lay out streets before we let developers choose. Whether or not the zoning here is appropriate or the needs of the thousands of people that are settling in this area and have no nearby job access. This is going to be a challenge for us sooner, rather than later. 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6335 as Recorded in the office of the City Clerk RZN 20-7123 (23 W. 5th St./QOZB, LLC.): An ordinance to rezone that property described in rezoning petition RZN 20-7123 for approximately 0.21 acres located at 23 West 5th Street from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the infill matrix is10, which is very high. He stated the long term land use plan and infill score supports the request. He stated the Planning Commission and staff recommend approval. Blake Jorgensen, Applicant's Representative stated he was available for questions. Council Member Gutierrez: Blake, did you hear from any of the neighbors on this when you did your letter for request input? Blake Jorgensen: Yes. The only input we had was from the immediate neighbor to the west, Alan Ostner. He was in support of it. As far as I am aware, we had no negative feedback. Council Member Turk: Everything around there is Neighborhood Conservation? The proposed RI-U would be spot zoning. RI-U is not anywhere close to this area. Do I have the map correct, Garner? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 15 of 24 Garner Stoll: Yes, you have the map correct. It is Neighborhood Conservation surrounding it. That term has legal implications and planning implications. The term is typically used to give one property owner advantages that are to the detriment of the surrounding property, such as a filling station or something that's really out of character. The Neighborhood Conservation district is residential district, as is RI-U. In a common sense, you could call it a spot. It is certainly a single lot, but in a planning or legal sense, we would dig a little deeper before we use that term. Council Member Turk: Thank you. Council Member Gutierrez: One of the biggest things I've seen in Ward 1 and maybe everywhere when we have these rezonings and since this is a unique zone within this whole area, can you talk about the setbacks of where we currently are with all those homes and with the new zone? Garner Stoll: The front yard setback between the RI-U and Neighborhood Conservation are identical. Council Member Gutierrez: That is great news. I feel like the front yards are the most abrupt. If the front yard setback is compatible with the current zone, that makes me feel a lot better. Garner Stoll: Someone could propose a zero setback, but that is already established in a Neighborhood Conservation district. That is not new to the RI-U. Council Member Gutierrez: Are you saying someone could propose a zero setback? Garner Stoll: It is zero to 25 in that district. The property owner has an option. Unlike other areas of town, the front yard setbacks tend to be not as incongruous as some areas of town where they established development as deep front yard setbacks. This area does not. Council Member Gutierrez: I want to go look at that a little bit and keep it at this reading. Is everyone okay with that? Council Member Turk: I would support holding it on this reading. Council Member Marsh: Even if they were to rebuild it at the existing zoning, they would still have the ability to use the zero to 25 foot setback. There is no change in that setback. There was a brief discussion about holding it on the first reading. This ordinance was left on the First Reading. RZN 20-7124 (SE of 15th St. & Morningside Dr./NWA LD, LLC.): An ordinance to rezone that property described in rezoning petition RZN 20-7124 for approximately 1.84 acres located Southeast of 15th Street and Morningside Drive to rezone a portion of the property from C-1, Neighborhood Commercial to NS-G, Neighborhood Services -General. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 16 of 24 City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the applicant amended the request to include the right of way. He stated if Council approves the request, staff recommends using Exhibit C, rather than A. He stated the map would reflect contiguous zoning down to the RSF-S. He stated the infill score is 6 and it's the 2040 Plan. He stated Planning Commission and staff recommend approval. City Attorney Kit Williams: Is the legal description, Exhibit B? Does that need to be amended also? Are you suggesting we amend the ordinance to list for the map Exhibit C? Garner Stoll: I am suggesting the latter. City Attorney Kit Williams: What about the legal description? Is that still okay or does that need to be changed too? Garner Stoll: I will let the applicant address that. Ms. Carr prepared the amended Exhibit C when we asked for it. Ally Carr, Crafton Tull: We have provided the revised property description in Exhibit D, to reflect the new block of proposed NS-G. City Attorney Kit Williams: City Council needs to amend the map to Exhibit C, but leave the legal description Exhibit B because you have already changed that? Ally Carr: The updated legal description is shown in Exhibit D. I believe it was provided in your packet today. Garner Stoll: Yes. Kit, the applicant is indicating they also gave us a revised legal description and it is Exhibit D. We need Exhibit C and Exhibit D. City Attorney Kit Williams: The map goes to C and legal description has changed to D? Garner Stoll: That is correct. Council Member Gutierrez moved to amend to accept Exhibit C as the map and Exhibit D as the legal description. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 17 of 24 Council Member Marsh 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 6336 as Recorded in the office of the City Clerk RZN 20-7128 (1355 W. Deane St./Pines on Deane): An ordinance to rezone that property described in rezoning petition RZN 20-7128 for approximately 1.44 acres located at 1355 West Deane Street from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He spoke about drainage. He stated the Planning Commission and staff recommend approval. Bart Bower, Applicant was having technical difficulties in attending the virtual meeting. Council Member Turk: I would like to see if staff can respond to one of the public comments that was provided. There are about five different issues. Could you respond to the one from Ms. Bryant? Garner Stoll: The question was whether the process has been exhausted before asking for a rezoning request, meaning is there options and variances. I know these three lots were subject of previous request. I think the property owner attempted to resolve and get approval. Another question was whether or not this is spot zoning, which I will give the same answer as I did previously. It is a different density with different development requirements, but I wouldn't classify it as spot zoning in the negative sense. Mayor Jordan: Since there are technical difficulties, it would be fair to let the applicant present to the Council. I suggest we hold it right here and look at it in two weeks. Council Member Gutierrez and Council Member Turk agreed with Mayor Jordan. Bart Bower, Applicant was able to work through his technical difficulties later in the meeting and was able to speak. He stated he does development in the area. He stated he is fully aware of the drainage issues and will resolve that. He stated instead of three lots as they are now, it would be four lots, which is very conducive with the neighborhood. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 18 of 24 Council Member Turk: Can we hold it on the first reading? I need to do a little bit more investigation of some of the issues that were identified by a citizen. I still share some concerns about drainage. This ordinance was left on the First Reading. VAC 20-7070 (4615 W. Persimmon St./Cross Keys Sd-Lot 12): An ordinance to approve VAC 20-7070 for property located at 4615 West Persimmon Street to vacate portions of an Electric Easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member 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 6337 as Recorded in the office of the City Clerk VAC 20-7095 (900 N. Leverett Ave./Leverett Ave. Apts.): An ordinance to approve VAC 20- 7095 for property located at 900 North Leverett Avenue to vacate portions of two Water/Sewer Easements. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 19 of 24 Council Member Gutierrez 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 6338 as Recorded in the office of the City Clerk VAC 20-7120 (1479 N. Gregg Ave./Southern Sights, LLC): An ordinance to approve VAC 20- 7120 for property located at 1479 North Gregg Avenue to vacate a portion of street right-of-way. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Gutierrez 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 Gutierrez 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 6339 as Recorded in the office of the City Clerk Amend §155.04 Alderman Appeal: An ordinance to Amend §155.04 Alderman Appeal on Behalf of Resident to use the proper term "Council Member" and clarify when Appeals can be made and to Amend § 155.05 Appeals From Planning Commission Decisions (A) Appeals to City Council (3) Conditional Use Request to reduce the required number of Council Members needed for an appeal to two. City Attorney Kit Williams read the ordinance. Council Member Turk: Thank you Kit. I was going through the regs and I noticed that for the Conditional Use Permit, the bar was set very high for an appeal. In fact, higher than any of the other appeal processes. That bar was two Council Members from that particular ward, plus an 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 20 of 24 additional Council Member. My request is to reduce one of those, so it would only take one Council Member from that ward and another Council Member from a different ward to appeal a Conditional Use Permit. Providing a relatively easy access for citizens to appeal certain decisions is fair and this makes it easier and fairer than it previously was. City Attorney Kit Williams: I am charged by the Unified Development Code with the administration of the rest of this chapter. When I started reviewing this for Council Member Turk, I noticed that we were still using Aldermen and some other terms that were incorrect. I felt I needed to try and change those. The more I got into it, I realized there were other issues that I needed to address. I have a presented a couple of memos to the City Council where I tried to go step by step to explain all of the changes I have made in section 155.04. A lot of this is trying to clarify and not make any substantive changes but try to make it more understandable where the appeal process works together better. There was some input from our City Engineer and Development Services Director about vacations. We have had three vacations tonight with no issues. They thought it would make a lot more sense to bring the vacations, since they have to be ordinances, directly to the City Council. The Planning Commission usually has no discussion on them and almost no input. A developer or someone that needs a vacation can save as much as a month of time not having to go through the Planning Commission, when there's probably no need for that to happen. I had to change the appeal process. Any change in the Unified Development Code often leads to other changes that must be done. Part of the reason I was doing this is because the previous appeals process talked about Large Scale Developments, but it didn't talk about large or small site improvement plans. I felt like it would be better to at least mention them and try to bring this more up to date with the UDC. I am not in a rush to get this approved, but eventually we need to update these sections. Mayor Jordan: So, we have two parts to this. Council Member Turk wants to make a change and then when you started looking at it, you had changes you wanted to make? City Attorney Kit Williams: Correct. Council Member Gutierrez: Do you know why we would have had an extra Council Member on there? City Attorney Kit Williams: There are two reasons. One is a policy reason and one is a historical reason. For quite a while, there wasn't really any appeal at all to the City Council from a Conditional Use Permit, which meant that if they would go directly to Circuit Court and that's not a good idea. It could involve money and if there's going to be a big issue like that, I would rather City Council be able to weigh in. This happened about 18 years ago and it was a request for a church to build a bigger parking lot. They were already there, and their congregation was bigger, and they wanted to enlarge the parking lot. To do that, they had to have a Conditional Use Request approved by the Planning Commission. There was some concern about that and whether there should be any appeal or not. The Council Members who were members of that church decided that there should be a Conditional Use Request, but in order to give a lot of deference to the Planning Commission they made it the most difficult appeal you can imagine. You had to have both Aldermen from that particular ward, plus a third. Every other appeal we have is a single Alderman from anywhere. Conditional Use Request are very important. The Planning Commission hears 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 21 of 24 them regularly and they are often very complicated with many things to consider. That's part of the major job of the Planning Commission to do that. Because they are normally the final decision maker, an appeal should probably be more difficult than it would be for run-of-the-mill stuff. For example, if they turned down a rezoning, a rezoning can always come to you anyway and you are going to hear it, if it's going to be approved. Conditional Use requires much more work by the Planning Commission. I think a little bit more difficulty, such as what Council Member Turk has suggested makes sense to keep some of it, be a little bit more difficult, but not as difficult as it was originally enacted. Council Member Smith: I was the one that asked Kit to put together the extra detail on that. I apologize because it looked all confusing in written narrative form. When you sent the marked out version, there's really not that many major changes. I looked at the minutes from the September 2001 meeting when you all adopted the Conditional Use appeals. It looked like they made it difficult very intentionally. It was part of the remarks that were recorded in the conversation. Council Member Turk, are there any instances you can point to that are prompting this, where it's been too difficult for somebody to get an appeal? Council Member Turk: I can't think of any instances. I felt the bar was incredibly high compared to all of the other appeal processes and to lower it a little bit to make it more accessible to somebody that had a genuine concern that wanted to appeal a Conditional Use Permit. There's no rush, but I want to equalize the process a bit more. Council Member Smith stated he wished the topics were separate. He stated the updates are easy, but the other change deserves a little more attention. Council Member Scroggin: I hope we can divide the question when we get closer to that. Is there any time on an appeal? City Attorney Kit Williams: Yes. That's not in this section. I didn't change that at all. It is 10 working days. Except for the number of people, we have been very generous in allowing appeals. It must be in writing to the City Clerk, but we have been generous on allowing an appeal if they have at least attempted to comply with our requirements. In this case, they must get three Aldermen, which is a fairly difficult task. One reason you all might not be aware of that very much is because you don't get appeals, because it's so difficult to do. Council Member Kinion: The toughest part of this is to get both Council Members from that ward because that adds a tough element sometimes. Council Member Petty: I prefer to see the question divided. Council Member Smith's call for a little bit of time spent pondering is wise. I recognize that what Council Member Kinion said is true. I don't think it is hard to get three Council Members, but it's hard to get two from the same ward. I could easily support a change to remove both ward mates. I am uncertain how I feel about the reduction to two because of the high standard to public hearings that Conditional Use Permits are subjected to today. Conditions can be imposed and the Planning Commission for better or worse has taken that as an opportunity to request things from applicants in the past that would otherwise have not been offered. That is exactly the point, but it can be a little bit of a drawn out 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 21, 2020 Page 22 of 24 process to negotiate those conditions. I worry that an easy appeal might further dissuade applicants from choosing Conditional Uses. Already we don't see very many of them because it adds another 45 to 60 days to the process, regardless of the suitability of the application. I would like to hear a bit more about the justification for removing right of way vacations from Planning Commission review. It seems like they have had important things to say about a limited number, but some important right of way vacations in the past. The rest of it seems very reasonable. City Attorney Kit Williams: I will leave the vacation thing to Garner and Chris Brown who were the ones that thought the vacations should come directly to the City Council, rather than going first to the Planning Commission. I am reflecting what they requested. Garner Stoll, Development Services Director: Chris and I both were in support of not adding extra time to vacation requests. We went back and looked at right of ways and we feel there are instances where the Planning Commission's input is relevant. They concentrate on the right of way. There are quality of life issues involved they have expertise in. Whatever the Council wants to do on right of ways, we are happy with that. We can see an argument for keeping the Planning Commission involved in that. City Attorney Kit Williams: When the City Council makes up their mind, I can adjust the language if need be to leave the right of way vacations and consider them separately from any of the utility easement type vacations. Council Member Gutierrez: That is a great idea to separate those. City Attorney Kit Williams: I will do that when the City Council tells me to do that. Maybe we should leave this here and then at the next meeting I would like to get input on exactly how you would like that to be handled. I can have the language ready if you want to leave right of way vacations still going to the Planning Commission. Council Member Turk: That sounds good to separate those if we can. City Attorney Kit Williams: It is possible. Council Member Gutierrez: The right of way part is on the first part of what Kit did with the changes and the three people required is on the Council Member Turk part? Is that correct? City Attorney Kit Williams: The Conditional Use Request is Subsection 3 at the very end of this ordinance I just read. There's still another ordinance with a different section. The part that Council Member Turk requested was number three, Conditional Use Request. Council Member Gutierrez: Should we try to separate them now so when they come back they can be separated? City Attorney Kit Williams: If somebody doesn't like the proposal for the Conditional Use Request, then we will amend it. We can amend it back to its original or we can do another amendment. Once you get it amended the way you like, then you pass the whole ordinance. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 21, 2020 Page 23 of 24 Council Member Gutierrez: I would like to hold it here and look at it further. City Attorney Kit Williams: That makes sense. This ordinance was left on the First Reading. Mayor Jordan: We have the applicant from C.9 with us now. We will go back to that item and then come back to C.14. City Attorney Kit Williams: By unanimous consent, the City Council is going to go back to the previous agenda item? Mayor Jordan: Yes. Council Member Gutierrez: Yes. Mayor Jordan: Unless I've got somebody that says they don't want to do that we will go back to C.9. Amend §155.06 Appeals from Staff Interpretations and Actions: An ordinance to Amend § 155.06 Appeals From Staff Interpretations and Actions to direct more appeals to the Planning Commission rather than to the City Council. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The guts of this ordinance are Exhibit A, which is a mainly rewritten section 155.06 that goes on for two pages. It has a lot of details in there. I talked about the major changes. I tried to do a more informed and detailed staff memo yesterday to explain all of the reasons and things that were changed. It's a lot to take in. If we want to put right of way vacations back in, then that's going to be something I'm going to have to work into this and it can be done. I will be ready at this next meeting. There were easy changes, which were some improper titles. Some of the changes I needed, I didn't understand why the City Engineer or the Development Review Manager's interpretations on development issues would go to the City Council first, before they go to the Planning Commission. I think most development issues should go to the Planning Commission first. I'm not sure why they were not directed that way in the old ordinance. This doesn't need to be decided tonight. This ordinance was left on the First Reading. Announcements: Mayor Jordan: Paul Becker is going on vacation and won't be here for Agenda Session. We got the sales tax return in today and Paul is going to give a report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 21, 2020 Page 24 of 24 Paul Becker, Chief Financial Officer gave a brief description of the sales tax results. He stated the sales tax results were positive for May. He stated they were positive because they were just barely negative. He stated the county was up a little bit. He stated combined, we are up 1.3% through this first six months. He stated he doesn't expect this to continue. He thinks we will see a lot of volatility and have an uphill climb trying to match last years numbers. He spoke about the final six months of the year. However, he stated this is very positive at this point in the year and is better than what he would have expected. He spoke about Rogers, Bentonville, and Springdale sales tax. Mayor Jordan spoke about it being a lot better than he anticipated it being. Council Member Smith: Do you have any insights on what is keeping the county afloat, as an overall number? Paul Becker, I don't know because Springdale was up minimally and we were down. My suspicion would be that they didn't have any rebates against their collections. The county's numbers weren't really strong last year. I haven't had a lot of time to analyze all of the information from the state. That is not available until a day or two after we receive the initial. Mayor Jordan: I thought that was an odd thing. When I looked at Springdale, it was barely up and we were just barely down, but the county was up 4.2%. I can't explain that. Paul Becker: It helped us out substantially. Council Member Smith: If I remember right, Springdale last month was not down nearly as much as we were then either. I was curious if there was a pattern developing where we could explain what the difference was. Paul Becker: Last month, Springdale was positive. These numbers bounce around a little bit and I dig into them as much as I can. Every once in a while, there is something I can't quite analyze. I am going to take a look at that for you. I will give a report on the entire period through June for all of the funds at the Council meeting. Mayor Jordan: We continue to be a hot spot in the state with COVID-19. If you go out, be sure to mask up, stay six feet apart and wash your hands frequently. If you own a business, be sure your staff and customers have masks. City Council Agenda Session Presentations: 8:30 p.m. neld Jordan yor Kara Paxton, City Clerk Treasures` AVEnEVIL� Wiz• 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www,fayetteville-ar.gov i�,,`Ro �o��N����