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HomeMy WebLinkAbout2020-09-15 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward I 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 September 15, 2020 City Council Meeting Minutes September 15, 2020 Page 1 of 31 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position I Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on September 15, 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, IT Director Keith Macedo, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than those of us you see before you, the voices you hear during the course of this meeting are being 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 2 of 31 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, and joining the Zoom conference by smartphone, tablet or computer. 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, so as to ensure time to be recognized. Fayetteville residents will be allowed to speak first. 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 has one turn to speak. 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. Everyone is to stay on topic and no rude behavior. City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. Council Member Bunch moved to approve the Nominating Committee Report. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Agenda Additions: Amend Ordinance No. 6310: An ordinance to amend Ordinance No. 6310 for the purpose of vacating additional right of way along School Avenue. Council Member Marsh: Mayor, I would like to make a motion to suspend the rules and add an agenda item for this evening. This is an amendment to Ordinance 6310, which is to vacate additional right of way along South School Avenue. Council Member Marsh made a motion to suspend the rules and add Amend Ordinance No. 6310 to the agenda. Council Member Gutierrez 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.fayeffeville-ar.gov City Council Meeting Minutes September 15, 2020 Page 3 of 31 Council Member Marsh gave a brief description of the ordinance. She stated she is bringing the item forward on behalf of Specialized Real Estate Group. 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. Council Member Marsh 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 6356 as Recorded in the office of the City Clerk Consent: Mayor Jordan: I would like to pull A.5 from the Consent Agenda for discussion. Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers: A resolution to authorize a contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the construction of the Fayetteville Traverse Trail on city property. Ted Jack, Park Planning Superintendent gave a brief description of the resolution. He spoke about the positive quality of life. He spoke about connectivity options. He stated Fayetteville is becoming a trail based tourism destination. He stated this will allow the NWA Trailblazers to build the trail on city property at no cost to the city. He stated this is a gift from the Trailblazers with the support of the Walton Family Foundation. Susan Norton, Chief of Staff. The reason we pulled it from Consent was to amend the agreement to add the terms on the maintenance. Kit has done that for us. We need to discuss the request for the amendment. City Attorney Kit Williams: The amendment came about because Parks & Recreation were notified that the NWA Trailblazers had sufficient funds to include a year and a half of maintenance on any trails that they build on city property. They have five years of additional maintenance for trails that would be built on private land and would get easements for. When Ted Jack and Connie Edmonston told me about that, I said we should take advantage of it. I have drafted a slightly changed resolution that I sent out to the City Council on September 10, 2020, as well as a slightly amended contract. Parks & Recreation were able to get this contract to the NWA Trailblazers. They have signed it and it is now something that needs to be done in order for us to take advantage of that. It's going to be a wonderful trail to utilize Centennial Park, Mount Kessler, and eventually 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 15, 2020 Page 4 of 31 Markham Hill. I would like a motion by City Council to amend the resolution to what I sent out to you all, as well as to recognize and confirm the contract I sent to you is the one that would be approved by the resolution. Council Member Gutierrez: Do you want us to amend it now? City Attorney Kit Williams: At your convenience. Mayor Jordan: This is the reason I pulled it off of Consent because we had to put an amendment on it that they are going to maintain it longer. Is that right, Kit? City Attorney Kit Williams: Yes. At least a year and a half longer and in some cases five years longer. Ted Jack spoke about the conceptual map. He stated the Ozark Off Road Cyclists have volunteered to take care of the Kessler portion, which will have some additional trail. Hogan Koesis, NWA Trailblazers spoke about Phase 1. He stated it is west of I-49 with a lot of wooded area and a lot less dense urban area. He stated they have a solid plan in how they are going to execute it. He stated Phase 2 is very conceptual at this point and spoke about prospective plans. He stated the goal is to have a seamless experience that starts at the University of Arkansas and ends up at the University of Arkansas. He stated anyone living or visiting can penetrate the trail system at any given point. He stated the overall aim of this is to not only increase tourism, but to increase the quality of life for Fayetteville residents and for the campus to use as a recruitment tool. He spoke about NWA Trailblazers volunteer and advocacy. Susan Norton: Hogan, thank you for agreeing to help with the maintenance. City Attorney Kit Williams: Thank you to the Walton Family Foundation whose generous grant has made this whole thing possible for us. It's not going to cost the city any money at this point. Council Member Marsh: What is the estimated completion date? Ted Jack: The contract is in segments. When they start one segment, they have six months to finish it. They are going to be working on Phase 1 first and that's probably going to be another year or so before they finish that. Then they will move and start the other segments. It may take several years, but they will finish a segment pretty quickly when they start it. Council Member Smith made a motion to amend the resolution what City Attorney Kit Williams sent to Council on September 10, 2020. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan stated this trail will be a tremendous addition to the city. He spoke about the work put into it. He thanked the Walton Family Foundation and everyone who contributed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 5 of 31 Council Member Gutierrez moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 225-20 as recorded in the office of the City Clerk Approval of the August 18, 2020 City Council meeting minutes and the August 26, 2020 Special City Council meeting minutes. Approved CEI Engineering Associates, Inc. Amendment No. 1— 2019 Transportation Bond Project: A resolution to approve Amendment No. 1 to the contract with CEI Engineering Associates, Inc. for Phase I of the Centennial Park at Millsap Mountain in the amount of $9,400.00, and to approve a budget adjustment - 2019 Transportation Bond Project. Resolution 226-20 as recorded in the office of the City Clerk J.R. Stewart Pump & Equipment, Inc.: A resolution to accept a quote in the amount of $26,751.03 plus applicable taxes and freight charges from J.R. Stewart Pump & Equipment, Inc. for the repair of pump at the West Side Water Resource Recovery Facility. Resolution 227-20 as recorded in the office of the City Clerk CARES Act Funding: A resolution to approve a budget adjustment in the amount of $193,008.65 recognizing funding from the State of Arkansas Department of Human Services for EMS Worker Payments to Fire Department employees as part of CARES Act Funding. Resolution 228-20 as recorded in the office of the City Clerk Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers: A resolution to authorize a contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the construction of the Fayetteville Traverse Trail on city property. This item was pulled. from the Consent Agenda for discussion. Afterglow Aircraft Solutions, LLC: A resolution to approve a three-year lease agreement with Afterglow Aircraft Solutions, LLC for the Airport Hangar at 4158 South School Avenue for rent in the amount of $850.00 per month. Resolution 229-20 as recorded in the office of the City Clerk Creamer Pilot Services, LLC: A resolution to approve a three year lease agreement with Creamer Pilot Services, LLC for office space in the Airport Terminal Building and corporate hanger space at 4500 South School Avenue for rent in the amount of $3,000.00 per month through December 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 6 of 31 2021, $4,000.00 per month for January through December 2022, and $5,000.00 per month from January 2023 through the end of the lease term. Resolution 230-20 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Arkansas and Missouri Railroad Futrall Drive and Gregg Avenue - 2019 Transportation Bond Project: An ordinance to waive competitive bidding and authorize a New Railroad Crossing Cost and Maintenance Agreement and an Easement Agreement with the Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue, to approve a project contingency in the amount of $28,344.86, and to approve a budget adjustment for the estimated total project cost of $750,000.00 - 2019 Transportation Bond Project. At the August 4, 2020 City Council meeting this item was tabled for two weeks. This item will be placed on the 0811812020 City Council meeting agenda. At the August 18, 2020 City Council meeting this item was tabled for two weeks. This item will be placed on the September 1, 2020 City Council meeting agenda. This item was tabled for two weeks at the September 1, 2020 City Council meeting. This item will be placed on the September 15, 2020 City Council meeting agenda. Chris Brown, City Engineer gave a brief description of the ordinance. He stated the city met with the railroad and confirmed that they are not in favor anymore of the Garrett closing. He stated the railroad would prefer to see the Frisco closure and the city let them know that the Council is not in favor of that closure. He stated we talked about improvements as opposed to closures and that never got anywhere either. He stated we are at a little bit of an impasse, but at this point we are going to pursue the crossing on Jocelyn, which is north of Township. He stated it only has one property that accesses it, but it would have future development potential. He stated we have not contacted the property owners or done our due diligence on that one, which is our next step. He stated we are not quite ready to present a final recommendation and we need at least two more weeks to continue those conversations. Mayor Jordan: We met with them last week and the week before. I believe we are getting somewhere, but it's taking longer than I anticipated. Council Member Marsh recommended Jocelyn and they are somewhat interested in that. We still haven't contacted the neighbors and we are working out some final details with the railroad, so we need a little more time. The railroad is working with us. I would appreciate Council tabling this until the next City Council meeting. Council Member Gutierrez: Do you have a map for Jocelyn? Chris Brown stated yes. He displayed the map up for everyone to view and gave a brief description of the area. Council Member Gutierrez: How will we reach out to the neighbor in the area? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 7 of 31 Chris Brown: A phone call since it is a single individual. Council Member Scroggin: Do we have an estimate on the improvements? Chris Brown: If we are talking about the improvement necessary to connect here, it is in the tens of thousands. Mayor Jordan: When we get everything more settled down with the railroad, we will bring back what they are agreeable to. Council Member Gutierrez made a motion to table the ordinance until the October 6, 2020 City Council meeting. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. This Ordinance was tabled to the October 6, 2020 City Council Jleeting; Appeal: RZN 20-7133: (6040 & 6074 W. Wedington Dr./Houston): An ordinance to rezone that property described in rezoning petition RZN 20-7133 for approximately 3.05 acres located at 6040 and 6074 West Wedington Drive from R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre. At the August 18, 2020 City Council meeting this item was tabled for two weeks. This item will be placed on the September 1, 2020 City Council meeting agenda. At September 1, 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 Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He displayed a graphic illustrating growth on the city's western boundary with Farmington. He stated we have an abundance of single family lots in this area, both in Farmington and Fayetteville. He stated we have a lot of vacant intervening land. He spoke about the 2040 Plan. Vicky Wood, Representative for the property owners stated the planning and zoning committee, as well as the City Council has supported and approved the 2040 Plan. She stated they take in consideration the benefits of the entire city, not just one neighborhood when they came up with this plan. She stated within the plan, this property is in the area that has been deemed to be higher density. She spoke about the petition against the rezoning that was brought forward by the neighbors that like the feeling of a rural area, but there are already commercial properties, duplexes, and homes on very small lots. She stated this area has already moved past feeling rural. She spoke about affordable housing and tax dollars. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 8 of 31 Norma Dickerson, 1272 North Double Springs Road stated she lives in the area because of liking the feeling of a rural area. She spoke about being two miles from gas, groceries, and restaurants. She spoke in opposition of the ordinance. Kate Chapman, 5925 West Michael Cole Drive stated there aren't enough amenities in the area. She spoke about infrastructure and traffic concerns in the area. She spoke in opposition of the ordinance. Diane Aday stated she was not informed of the appeal. She spoke about if notification to previously interested parties was discretionary or standard. She spoke about the petition she signed against the rezoning. She spoke about lack of city services in the area. She spoke in opposition of the ordinance. Council Member Smith spoke about Farmington growing as fast as Fayetteville in this area. He stated he appreciates the concerns that this is not the ideal place for affordable housing because of the distance and the increased transportation cost. He stated every time we try to look at affordability concerns and be closer to town, we run into resistance there as well. He stated he's inclined to take a less than ideal location so that we have a place to start letting people live. He spoke about losing some businesses on the corner in this area, which we won't be able to grow those back unless they have a neighborhood to serve. He stated more services are needed in the area. Council Member Petty stated he appreciated the exhibit that was presented because it helps him think through things. He stated this area needs to be denser than it is today, but the timing is not right. He stated even if in the ideal world we say there should be a Tier 3 center out here, which that means there's a little bit more of a job center than there is now, he doesn't see that happening as quickly as we might like for it to happen given the state of commercial development and real estate demand elsewhere in the region and Fayetteville. He spoke about the rezoning being a timing issue. He stated if these houses are constructed now, how long will it be before some of their long commutes can be replaced. He spoke about sprawl. He stated we can't build all these growth centers at the same time and in the near term we need to focus on getting more housing closer to the job centers we already have. Council Member Marsh stated she concurs with Council Member Petty's sentiments. She stated this is challenging because she likes the denser housing aspect. She stated when we voted for Rupple Road, she supported that project with the understanding that was going to be the western edge of the city's growth boundary. She stated this is too far out too soon to see this much development. She spoke about traffic concerns. She stated she concurs with the Planning Commission's decision. Council Member Scroggin stated if we have appeals, we need a system of notifying the neighbors. He stated I don't want a system where it becomes political at Planning Commission, but then you appeal it and then they don't know about it, so nobody shows up. Susan Norton, Chief of Staff. This is the one that we did the re -notification for. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 9 of 31 Council Member Scroggin: They asked for it though. Hopefully, we can set up where we do that going forward. I would be happy to work on that. Council Member Gutierrez echoed what the other Council Members said. She stated the infill matric score is two to five, which is low. She spoke about honoring the Planning Commission's hard work and their recommendation. Council Member Turk spoke about the lack of connectivity by transportation and the lack of that node they would like to create. She stated it's really important in allowing higher density housing out in the peripheral areas. She spoke about the economic downturn. She stated she will not be supporting it. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Scroggin: Since this is an appeal, a vote yes would be for the project and a vote no would be against it? City Attorney Kit Williams: No. This is an ordinance. If you pass it, the land will be rezoned. If it doesn't pass, the land will not be rezoned. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance failed unanimously. This ordinance failed. Amend UDC 166.23: Urban Residential Design Standards: An ordinance to amend § 166.23 Urban Residential Design Standards of the Unified Development Code to increase flexibility for small building design. At the August 18, 2020 City Council meeting this item was tabled for two weeks. This item will be placed on the September 1, 2020 City Council meeting agenda. At the September 1, 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. Mary McGetrick, Long Range Planning & Special Projects Manager: We've talked about this a few times. Staff has found that a reduction in the design standards for primary facades that 48 feet wide or less as proposed does not nullify the intent of the ordinance. Requiring relatively narrow structures such as infill duplexes that tend to be modest in bulk and massing to include two or more design elements on principle facades tends to create conditions where compliance with the existing 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 10 of 31 Urban Residential Design Standards may be burdensome. Any principal facade over 48 feet will still be required to have two or more design elements. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Kinion, Petty, and Scroggin voting yes. Council Member Bunch was absent during the vote. Ordinance 6357 as Recorded in the office of the City Clerk RZN 20-7170 (921 W. Berry St./Homestead, Inc.): An ordinance to rezone that property described in rezoning petition RZN 20-7170 for approximately 0.18 acres located at 921 West Berry Street from RMF-40, Residential Multi -Family, 40 units per acre to RI-U, Residential Intermediate -Urban. At the September 1, 2020 City Council meeting this item was left on the First Reading. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: I don't have anything to add. Mr. Lazenby is online. He's representing the applicant. Mr. Lazenby, Applicant's Representative: If you have any questions about this project or the rezoning, I'd be happy to answer them. Council Member Smith: I would like to outline the difference between RMF-40 and RI-U. One is multi -family and the other one is intended for smaller dwellings. As I'm looking at the use units, it looks like they are condensing everything down to single family even in an RMF-40. The main difference I'm seeing is a lower tree preservation. Is there anything I'm missing? Garner Stoll: I don't think you're missing anything. Yes, both districts allow single family. The lot width is different. It goes down to 18 feet for the RI-U. The tree preservation, as you mentioned, I believe, is 15% for the RI-U and 20% for the RMF-40. I think the biggest difference is that the RI-U allows single family duplexes, triplexes, and fourplexes, which is sort of the missing middle group. RMF-40 allows apartments also. Council Member Smith: It just seemed like a little bit of a down zone. I was trying to understand what the geometry might be that would motivate that. Garner Stoll: I believe it's the lot width, but you might have the applicant weigh in on that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 11 of 31 Council Member Smith: I'd be happy to hear from them and help me understand what motivated the request. Mr. Lazenby: Working with the planner, Jessie Masters, I believe it was a setback issue that motivated having to do the rezoning. Council Member Smith: Thank you. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh: I walked by the property and initially I was a little dismayed to find what looked like a very cute little single family home there. Upon closer inspection, it looks like the foundation is in really horrible condition and possibly the property has been occupied by hoarders. It definitely does need to be redeveloped. I think that the RI-U is by far preferable to the RMF-40 and I'll be supporting this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6358 as Recorded in the office of the City Clerk Brian and Day Crowne Land Sale: A resolution to authorize the sale of a small parcel of land South of George's Majestic Lounge and west of the railroad tracks to Brian and Day Crowne for the amount of $17,000.00. At the September 1, 2020 City Council meeting this item was tabled for two weeks. Mayor Jordan: Council Member Petty, I believe you're going to bring in an amendment to bring a lease forward tonight? Council Member Petty: Yes. As you know from our tour yesterday and our discussions at Agenda Session last week, this is no longer a proposed land sale. This is now a proposed lease or I hope that you will vote to amend this to become a proposed lease. I will summarize the lease in four or five bullet points and then make a motion to amend this to the resolution text and to the lease. The resolution text was sent out by City Attorney last week, and the lease that was sent out by the City Clerk this afternoon. It's a five-year term in total, but there is what we might call a divorce clause, which allows the city to not renew the lease at the end of each year. The proposed lease rate is $50 a month. That lease rate was proposed on the basis of comparison with the patio space on the Square, which we leased to the OPO building or to Cheers, which we leased for $100 a month. It's quite a bit larger than this space and it's improved, which is how we arrived at the $50 a month proposal. The area to be leased is a portion of the parcel that exists today. The leased premises are not to include any of the drainage infrastructure, nor are they to include the sidewalk. Most of the trees that are on the parcel will also not be included in the leased premises. The leased premises 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 12 of 31 are intended to only be the land that's necessary for the construction of a stage, approximately 24 feet by 30 feet. There are some other provisions in the lease about how amplified music needs to be directed to the parking lot, not another direction. Signage directed to the parking lot, not in other directions and some boilerplate language to protect the city. I would like to amend the lease legislation that the City Attorney distributed last week in referencing the lease agreement and was distributed this afternoon by the City Clerk. Council Member Turk: Two weeks ago, we sort of talked about this. I thought it was really important we be fair to everybody and that we as a city decide if we wanted to sell the property, lease it or just leave it as it is. We've never really quite had that discussion. We've sort of funneled down this one path. I believe that's the discussion we need to have first and foremost before we go down the path of the lease. We're still also not having the discussion about fairness. I love George's, but I think this is city property that we need to be open to everybody and get everything out on the table. First, we need to figure out what the destiny of that property is in the short term. I'd like to have that discussion before we vote on this amendment. Council Member Gutierrez: I was also concerned about making sure we were fully transparent, open and available once we decided what we wanted to do. I appreciate Council Member Turk bringing this back up. Since we're on the amendment of leasing, how would we proceed to have that available? I guess what I'm understanding from Kit from the last meeting, it's up to us in how we proceed and if we want to do it as a speedier option versus going through the entire RFP process. What options do we have? I would like to leave that open for more experienced Council Members to help us figure out what is available to us to do that. Council Member Marsh: In looking ahead at our Downtown and the future of our Cultural Arts Corridor, I feel there are too many unknowns for us to sell the property at this point in time. I would like to see us retain ownership in that, but at the same time, we have a need to activate our Entertainment District in a safe way right now. After looking at the property, it would be very difficult for anyone else to use that property in any meaningful way without significant modifications in terms of trees, the grade or the drainage patterns. It is a very tiny piece of property. It makes a lot of sense for George's to use it. They are a landmark institution in our community. They have a fantastic proposal and it supports the goals of our Cultural Arts Corridor. The lease could get them up and running quickly to activate that area in a safe way, while also giving us the flexibility to preserve the trees and preserve the existing drainage patterns, but most importantly, preserve the right to do something differently with that property in the future. I think this lease that's on the table is a win -win for everyone and the best outcome for that property at present. I plan to support it. Council Member Smith: I'd like to speak just to the amendment. I am not interested in selling the property. I was not interested in selling it the last time this came up and there's just too much unknown in the future of the surrounding area for me to make a decision right now on a permanent disposition to this. I am willing to consider the lease. I don't know that I'm decided on the lease, but I'm definitely willing to consider it, whereas I was not willing to consider a sale. I will support the amendment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 13 of 31 Council Member Kinion: I support the amendment. I support everything Council Member Marsh said. The situation we have here on a very tiny piece of property lends an opportunity for a landmark institution to immediately contribute to the Arts Corridor to establish what it was meant for. I think it's an ideal fit in every way. We should do it swiftly so the entertainment can be initiated without pause. I think everyone knows the situation we are in and we are looking for outdoor venues to help with the entertainment economy. We should get behind this and allow George's to move forward with an expedient way so they can they can get on with it. Council Member Bunch: Council Member Gutierrez had brought up the point of an RFP. I want to make it clear that I would not support that because it could take months to put together a committee, send out or get bids in. Originally, I felt like we needed to entertain the two potential offers. After going and looking at the site, knowing how it's going to develop and they are going to maintain the trees, I'm inclined to support the George's proposal to rent the property and get them moving on with their business and having outdoor music. City Attorney Kit Williams: I want to make sure the City Council understands the major change to the proposed lease I had, and that is a change from non -amplified music to amplified sound, which includes music. This reminds me of the problems the City Council went through many years ago, which centered around George's outdoor music and the neighbors who unfortunately were able to hear the sound of outdoor music late at night. I think you were told by the proposed tenants that he would not do the music loud or long, but there's nothing in the lease that would prevent that from happening. The noise ordinance we have and that we created specifically for outdoor music, was truly a compromise and we didn't have the complaints and problems resolved. I am a little concerned with what Mr. Crowne says he will agree too, which would require it to be amplified music and he objects to what I had put in there, that the music should be directed to George's customers. He doesn't object to that, but he says not toward the plaza, nor be loud enough to disturb persons enjoying the cultural plaza. I agree with him that this is a broad term, but this would be a term that would be judged by the City Council. You are the ones that would maintain the power on this, to determine whether or not this has been a plus or minus for the Cultural Arts Corridor and for the neighbors when it comes up for review in a year. The amplified sound is something I'm concerned about because I just remember how much of a problem it was before and that's not allowed by the Old Post Office patio. The Old Post Office patio was built by a tenant, not by the city and that's one reason we gave them such a low rent during that time. We've always tried to help them, and I think it's not bad to help George's either, but I hope this doesn't become a nuisance we could regret in the future. I think you were told about some time limit. If there were going to be time limits or when the noise would be over, then they should be in the lease. Anything others just told to you is certainly not enforceable whatsoever. Even though you do get to review this after a year and I think that's a very crucial part of this lease, but for a year, you won't be able to do anything about it. If you feel like there should be time limits when the music needs to end or at least be very much lower in volume, then that should probably be in the lease, as well as whether or not you think it causes problems with the Cultural Arts Plaza. I'm not sure if it's proper and legal to cut out a little part of a parcel that has no frontage and try to lease that out. I'll have to defer to Garner in Planning on this. I know you couldn't do a lot split like that. I'm not sure if we have the right to lease the very small part. About half of this whole thing would be used for the stage because there's no frontage on Powerhouse. Whether or not we can do that with the lease, I don't know. This was a new thing that was presented to me yesterday. The two issues I have with 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 14 of 31 this is the amplified music and whether or not we can divide this parcel, which will then have no frontage. I've not seen that done before. Council Member Petty: I can answer both these questions directly. First, with respect to what was described as a major change in amplified music, it was never the intention to bring forward a lease that would prevent amplified music entirely. That's what has been occurring on this parking lot for the last few weekends where George's has experimented with outdoor programing. We talked a little bit about the history going back into the 90's yesterday on the tour with the development of the of the noise ordinance and the noise ordinance is here now. The intention with this from the beginning has been to produce a stage that will have amplified music showcased on it, in adherence with the noise ordinance. Many of the neighbors seem to be in support of the proposal on that basis The noise ordinance is fairly restrictive for this section. I hope, Brian, after we vote on this amendment, will take the chance to talk a little bit about that. With respect to the City Attorney's concerns for the Cultural Arts Corridor, it's not even going to be constructed for years and I'm not sure that's a great concern right now and even if it is, the ability for us to not renew every single year is a catchall for any complaints we get that we deem are justifiable complaints. It's true we only get to act on that every 12 months, but it's there for us to use for any concerns that come up. The last concern from the City Attorney about whether or not it's even legal to lease a portion of a parcel, I might defer to any of the licensed realtors that are also on the Council who've been trained. This is par for the course. Every apartment unit in the city is a leased premise that is not the entire parcel and every storefront. What's important is we have a meeting of the minds between the City Council and between George's about what those lease premises are and that's why I wanted to be extra careful to explain this is not the drainage infrastructure. This is not the sidewalk. This is only the portion of the parcel that's necessary for the construction of the stage, which is approximately 24 feet by 30 feet and that's for insurance purposes and maintenance purposes. There are pros and cons associated with taking on a longer process, but I don't agree we aren't being transparent. I think we've been extraordinarily transparent. This has been all over the news. We've talked about it many times. We've had the tour. A lot of people are really excited about it. This has been discussed and debated. What it seems to me that we're having a problem with, is this is decisive and fast, and that doesn't necessarily mean not transparent. We're doing this in the light of day, and we are debating it quite a bit. I understand there's at least one person who feels like this should be about the best bottom line offer and they are going to make a case that it's not fair. I just don't agree with it. We've had to be decisive during COVID because weeks matter and some of our decisions, maybe not this one, but in some of them, days have mattered. We've had the same feelings of concern that it's not how we usually do things, but we need to make results. I favor the least two for all the reasons that have been said. We have an out if this and if this isn't the right move and I'm committed to using our hindsight and making that decision if that's what we need to do. I consider this amendment itself to be the decision about whether or not we would prefer to lease or to sell this land. I think that's how we memorialize our consensus. Council Member Bunch: In our lease, we've talked about the ability to get out after a year. I would assume that at the end of a year, if we needed to renegotiate something, if we did have a huge problem with noise, we could have the option to say you have to keep your noise down to a certain level. I don't think we should look at it as once they get their stage built and if it doesn't work, we just tear the lease up and go on to something else. There's always a way to work something out. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 15 of 31 Council Member Turk: I thank everybody for weighing in on what they would like to do with that piece of property. I, too, share a lot of concerns about selling it. I'm glad we are going to go ahead and lease it if everybody's opinion sort of holds up. I appreciate that discussion. Council Member Petty made a motion to amend the lease legislation the City Attorney distributed last week in referencing the lease agreement and was distributed this afternoon by the City Clerk. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan: Now we have the amended resolution. Council Member Petty, do you have anything else? Council Member Petty: No, Mayor. I am just ready to hear from Brian Crowne when you're ready. Brian Crowne, George's Majestic Lounge: I appreciate those that were able to join us on site yesterday to look at the property. If the lease option is voted on and improved, my wife and I would be wanting to lease the property under the entity of Brian Crowne Holdings LLC, which owns the property of George's, and not us personally. That's a clarification I mistakenly didn't put in our original proposal. For those of you on the property with us yesterday, it was fun to have a walk down memory lane with a history lesson with noise ordinances and challenges over the years. I appreciate the concerns put forth about noise times that shows would stop. My wife and I's vision for this little piece of space started three years ago when we thought about how we could maximize our property program and add to the creative economy to maybe two to four times a year. Perhaps go outside and program to our parking lot and drive traffic to this area of Dickson Street on the west side of the tracks and Powerhouse Alley. Even if we get this lease and we build this stage, it is our hope to continue to operate our business as we have over the last 17 years as owners and the bulk of our programing is going to be indoors. It cost us a lot more money to go outside. The weather puts us at risk. This really is kind of a bridge to have an opportunity to be outside in a safer environment when weather permits, until we get to the other side of this pandemic and hopefully have a vaccine. Once that happens, our programing will be focused on the inside of our business. With or without this lease, we are still committed to programing our parking lot a few times a year with creative events, whether it's a street festival or Spring Fest. We want to have the ability to program outside. We think the property that we all looked at yesterday together, while I appreciate RFP's being discussed, it'd be hard for me to fathom who else might want to come in there and spend one single dollar on infrastructure to try to get a return on investment. To concerns about noise, I know how to get out of business really fast and that's by being a bad neighbor. You've got to be sincere with what you say and follow through with it and that's who we are. You guys have the power to shut us down if we're not doing something, we say we're going to do. This truly is an experiment and having the ability to try to increase programing and revenue opportunities to sustain the business of George's during this extraordinarily trying time. It doesn't guarantee we are going to be solvent, but it gives us a chance to try something different. We've been in this community a long time. We hold up our end of the bargain. I want to be a good neighbor and that's the way we maintain legitimacy of our brand as a community venue. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 16 of 31 Council Member Turk: Mr. Crowne, I enjoyed taking the tour yesterday. It was very nice to meet you and see what you had in mind in how to use that space. Would you be willing to add some of the time limits you told me about yesterday into the lease, just so it's very clear about what your intentions are? I think it would further validate that you want to be a good neighbor. Brian Crowne: I would have no problem at all putting an 11:00 p.m. limit into the lease. Anything past I1:00 p.m. is going to be a challenge to our neighbors. My goal would be to be done programing any sort of amplified music by 10:30 p.m. I would also add to this that our good neighbors to the south of us at Powerhouse Seafood have been running outdoor music on their stage for many years. This isn't something new to this space. Council Member Turk: Thank you. That makes me feel a lot more comfortable about the things we're discussing here tonight. Council Member Petty: I've made note of two amendments. First is to change the name on the lease from Brian and Day Crown to Brian Crown Holdings LLC, and the second is to enumerate an 11:00 p.m. limit each night to amplified music. Craig Underwood, Underwood's Fine Jewelers: Brian and Day have been great neighbors on Dickson Street. My position on the land sale of this property has nothing to do with them personally. While I've been very frustrated with this situation and the lack of fairness shown in the land sale proposal, if the city chooses to lease the land instead of selling the land, I have no problem with that and wish George's all the success with that. I'm supportive of it with the condition that if the city does choose to sell the land in the future, that no favoritism is given to the person or entity leasing the property and that a fair, transparent, and equitable land sale process is provided to all. Based on the past track record we have all seen in this situation, I strongly encourage and recommend a condition like this be added to the lease. Mayor Jordan: Council Member Petty, I understand you want to add some amendments. Council Member Petty: Yes. I move we amend the lease before us, so the lessee is Brian Crown Holdings LLC. Secondly, in paragraph five, a new sentence which reads, amplified music shall no longer be played from the stage after 11:00 p.m. each night. Mayor Jordan: So, no amplified music after 11:00 p.m. and you want to change the lease agreement to Brian Crown Holdings LLC. Is that correct? Council Member Petty: Yes, Mayor. Council Member Turk: Thank you for proposing those amendments. I'm wondering if we might be able to add another amendment that Mr. Underwood suggested. If we choose or a future Council would choose to sell it in the future, that there would be no favoritism toward the current lessee and that it would be open and transparent. Kit, is that something we can legally add into a contract? City Attorney Kit Williams: I would not recommend that because as I've told the Council many times, you can't tie the hands of a future Council on how they are going to sell a property. I very 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 17 of 31 much assume the Council would be very open and transparent. I don't think that should be a part of either the resolution or lease, because that would be attempting to control what a future Council would do and I think that's beyond your power. Council Member Turk: I withdraw the suggestion, but maybe we could note it for the record we did have a discussion about it. Thank you. Council Member Petty made a motion to amend the name on the lease to Brian Crown Holdings, LLC and no amplified music after 11:00 p.m. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk: Mayor, just a point of order. Do we need to take public comments because we just passed an amended resolution? Mayor Jordan: According to the new rules you have on the amendments, it says amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comments are allowed for an amendment, speakers will only be allowed to speak for three minutes. Council Member Turk: I thought we just agreed to add those amendments to the resolution and what we are voting on now would be the final resolution. Mayor Jordan: That would be correct. Let's take some public comments. Council Member Gutierrez: Thank you to Mr Underwood for coming to clarify and express his support on the lease. I want to restate for the public record that if we do decide to sell the land, we will have an open and transparent process for that. I appreciate him being patient with us as we figure out what we are going to do with that property. I definitely support the use of the property by the Crowne's. They obviously know and are the experts in utilizing spaces. Mr. Crowne did an amazing job of walking us through. I feel like he really expressed how he can turn any piece of usable land into an entertainment space and that's the core of a creative spirit. I have no doubt this space is going to become very activated and exciting for the creative economy. I will be supporting the Crowne's proposal and the lease for them. Council Member Marsh moved to approve the resolution. Council Member Petty seconded the motion. Upon roll call the resolution passed unanimously. Resolution 231-20 as recorded in the office of the City Clerk Appeal RZN 20-7140 (5152 W. Wedington Dr./Dedushaj): An ordinance to rezone that property described in rezoning petition RZN 20-7140 located at 5152 West Wedington Drive for approximately 6.91 acres from R-A, Residential Agricultural to NS-G, Neighborhood Services - General and RI-U, Residential Intermediate -Urban. At the September 1, 2020 City Council meeting this item was left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 18 of 31 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. Garner Stoll, Development Services Director: Mr. Rhoads is here representing the applicant and he has submitted a Bill of Assurance for your consideration. City Attorney Kit Williams: It is a standard Bill of Assurance. I'll let Mr. Rhoads explain what it contains. We will need to make a slight amendment to the ordinance to recognize this Bill of Assurance. Mayor Jordan: Do you want to do that right now? City Attorney Kit Williams: We can. We would change or add to the current title. The change to the title you would put a comma after Intermediate -Urban and say subject to the Bill of Assurance. That would be in the title on section one and you would do the same thing at the end of that section, subject to the Bill of Assurance. Council Member Smith: I think we'd like to hear the applicant discuss the Bill of Assurance before we vote on it. City Attorney Kit Williams: Whatever you prefer. Robert Rhoads, Hall Estill Law Firm: I represent the applicant in this rezoning request. As I gave you a presentation at your last meeting, I'm going to only hit the highlights and tell you what has changed since we discussed this two weeks ago. I would start the thought process with the Planning Department's comments in the report that says that it isn't a practical use for this land, for any of the uses that are permitted under the existing zoning classification. This zoning request is the petitioner's understanding and salute to the City Plan 2040, which calls for this area to be residential neighborhood. There are many reasons to support the request before you. It is not a mini storage. It is what you want in the area in the future. We're just asking to be one of the first to do it. It will give protection to Owl Creek and it is right next to the Wedington Corridor planning area. As far as the future is concerned, it's quite compatible. If it weren't presently compatible, then at this now fourth public reading, you would have had some public comment. As of tonight, we've had no public comment in all four of those readings. The public comes out when things are truly not compatible. The petitioner has filed with the Planning Department and Kit, and a Bill of Assurance has been sent to you. In the northern most rezoning request, which is for Neighborhood Services General, it will limit its permitted uses to sidewalk cafe, a general business such as a bike shop, yoga studio, and those types of things, which certainly seems like what folks, as in the Planning Commission are wanting to see out there. The Bill of Assurance, even though Wedington Drive, according to the Planning Department, has plenty of capacity for this development, the applicant will commit to stub out to future street connections going east and west, thereby assuring connectivity when the other properties around it develop. The petitioner in this Bill of Assurance has agreed that the density will be limited to eight units per acre. I hope you can vote to approve this rezoning tonight, but if not, then please leave it on this reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 19 of 31 Mayor Jordan: Council Member Smith, does that explain the Bill of Assurance? Council Member Smith: Yes. I just wanted to make sure we listed out the main criteria. I probably won't be supporting it because I'm not a big fan of imposing density caps that are separate from the zoning. Council Member Gutierrez made a motion to recognize the Bill of Assurance. Council Member Turk seconded the motion. Upon roll the motion passed 6-2. Council Members Bunch, Turk, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Members Smith and Petty voting no. Council Member Smith: Has there been any public comment on this at Planning Commission or anywhere through the process? Robert Rhoads: There's been zero. Council Member Smith: I think it was that way when it came through previously as a mini storage, as well. I just want to remember that a lot of the houses that are down this strip are empty and some of them are boarded up. I don't want to take a lack of neighbor interest as an abdication of our job to appropriately plan the area since this is kind of in between some fields. I appreciate the rest of the Bill of Assurance, despite not voting for it over the density issue. The guaranteed connectivity and the business use removing the residential from the street side, Neighborhood Services are our deal sweeteners for me that make the rest of this palatable. It kind of runs counter to some of the conversation we had earlier, a little further out, but we've run into enough challenges with this deep parcel that stretches all the way from Wedington to the creek that I think I'm ready to guarantee the cross connectivity on it. 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. Council Member Petty: I just wanted to explain that for me, this one feels materially different than the rezoning slightly to the west we reviewed earlier tonight. Principally for me, it comes down to allowing a mix of building types and uses within those buildings. I think that makes a real difference. I'll vote yes. Council Member Gutierrez: I appreciate the applicant working with us and bringing the Bill of Assurance to help address all the issues we've brought up. There's a really good faith effort on their part and I want to recognize that. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6359 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 20 of 31 New Business: RZN 2020-000004 (North of 2262 S. School Ave./Fire Station #9, 640): An ordinance to rezone that property described in rezoning petition RZN 20-04 located North of 2262 South School Avenue for approximately 1.76 acres from RSF-4, Residential Single Family, 4 units per acre to P-1, Institutional. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This property is located on the east side of School Avenue, south of Cato Springs intersection. The reason for the request is to facilitate the construction of a branch Fire Station. The parcel is L shaped. Fortunately, the part that is proposed for construction, we don't have any significant loss of trees. It's relatively friendly in terms of topography. The surrounding zoning is C-2, with the exception of a little portion on the RSF-4 to the north and the east. This parcel was purchased by the city for this purpose before 2040 was completed. It's designated Institutional and the district would allow the use that the city intends to make of this parcel. The infill score is six to seven and it's an essential service. The adjacent properties are designated city neighborhood, which would predict the higher density mixed use as is appropriate for this quarter. Planning Commission and staff recommend approval. We are the applicant. Wade Abernathy, Bond Projects & Construction Manager: This is our future Fire Station location and it's located in an area of town to serve a lot more folks. Brad Hardin, Fire Chief. We've got the architect on the line. Council Member Gutierrez asked about the trees. I don't believe it's going to remove any trees, but he can weigh in on that. Andy Lack, Architect: Relative to the trees, the eastern side of the of the lot are uphill and is heavily treed, mostly cedars and small trees. We have no problem at all meeting the ordinance and actually exceeding the ordinance for tree preservation on this site. Council Member Turk: Even though we'll be able to comply with the ordinance, will there be very many trees that are cut down? Maybe the eastern side of that piece of property? Andy Lack: The eastern side should really be untouched. If you remember the diagram of the site, it's very narrow to the street side. We are working with the detention west of the building capturing water there. We are eroding into the western side of that tree line a little bit to do that. The eastern side of that will remain a good buffer for the adjacent zoning for the residential zoning. Council Member Turk: Is your design of the Fire Station trying to minimize any of the tree loss or is there a way to retain as many trees as possible? I know we will be well above the ordinance requirement. Andy Lack: Certainly. We would not advocate taking out any more trees than is absolutely necessary for the development. It is a really small site and has dictated the development pattern. We are going to great lengths to maintain the tree cover on the site. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 21 of 31 Council Member Turk: Thank you. Council Member Smith: A Fire Station is totally appropriate for an Institutional zone where it's a city institution. I'm curious if there were any design features that necessitated the use of a P-1 zoning instead of a form based zone to flow with the predominant thought patterns that we've had lately? Audy Lack: Sure. That's definitely as you say, a predominant discussion in the city and with the development of this building, the urban zones are a great tool. Great in the walkable environment, but it's certainly not the only tool. It would be oversimplified to say that was the only way to create a great environment or that every development fits that ideal. The development pattern of this specific building requires, if you think about it, if Norman Rockwell did a painting of this building, you'd see a firetruck slightly protruding from the doors facing the street with the Dalmatian and a kid petting it. The doors of the Fire Station with that fire truck is a psychological boom for the citizens that are paying for this. When you think about that image and you think about pulling a 65-foot firetruck out of that door, it requires more setback than 25-foot build to zone that's required in the urban zones. The depth of the building to house that 65-foot truck requires the building to be somewhat oriented perpendicular to the roadway. Giving the difficulty in meeting the percentage of coverage, those were two of the main items that if we did go to the urban zone, we would have to require variances. Council Member Smith: It comes down to the physical dimensions of the hardware that we are running in and out of there? Audy Lack: It really does. Council Member Gutierrez: I'm trying to visualize it. I didn't see in the packet anything about topography. I know there's a mountain behind where the trees are, the water is going to flow east to west. We talked about water retention happening kind of in the front, but then we have the Norman Rockwell painting. I'm trying to imagine the Norman Rockwell with a pond or a marsh happening. Can you help me with the water? Audy Lack: I may not have been clear. The regulation on detention requires a no net gain in the flow from the site, but it doesn't really say from the mass of the detention itself has to come to the front of the site. We are detaining to the rear of the Fire Station just into the trees. The filtration off of the parking is done underground in a tank, so it won't be seen. It'll just be a manhole for the filtration unit, but the actual pond for detention to make sure we're not flooding the neighbors will be to the east behind the Fire Station. Council Member Gutierrez: That makes sense. I do agree the trees behind are one of the best ways to keep the water going. Mostly I'm concerned about the street. I live near there and it's helpful the mountains are there, so we don't get flash flooding in the street. I'm trying to figure out how to keep the water flowing from the mountain into the street, so we don't create some flash flooding issues. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 wwwlayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 22 of 31 Council Member Turk moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez: Thank you, Chief Hardin for bringing Audy. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6360 as Recorded in the office of the Cite Clerk RFQ # 20-09 Emery Sapp and Sons, Inc. - 2019 Transportation Bond Program: A resolution to award RFQ # 20-09 and authorize a contract with Emery Sapp and Sons, Inc. in the amount of $52,720.00 to provide Construction Manager at Risk Services for the Maple Street Improvements Project, to approve a project contingency in the amount of $5,272.00, and to approve a budget adjustment — 2019 Transportation Bond Program. Matt Mihalevich, Trails Coordinator: We've been working on the Maple Street project for a couple years now with the University of Arkansas, and we are making good progress on the design. Olson is the engineer on the design. We're getting to the point where we are transitioning into construction phase. We needed some assistance with the construction manager to help us define the cost of the project and look at cost evaluations and potential savings with materials or different ways of doing it. We put out a RFQ in June and three construction managers responded and the selection committee chose Emery Sapp and Sons as a construction manager for the Maple Street improvements. The improvements will include new sidewalks and a bike facility on the south side from the Razorback Greenway to Garland Avenue, about a half mile of improvements. This is part of the bond project and a partnership with the University of Arkansas. Council Member Gutierrez moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 232-20 as recorded in the office of the City Clerk Bid No. 20-61 Federal Aviation Administration (FAA) Grant Funds: A resolution to authorize the Mayor to sign a grant agreement accepting a 90/10 matching grant from the Federal Aviation Administration in the amount of $1,305,778.00 for the Airport Terminal Improvements Project, to award Bid No. 20-61 and authorize the Mayor to sign a contract with C.R. Crawford Construction, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 23 of 31 LLC in the amount of $1,289,873.00 for construction of the terminal improvements, to authorize the Mayor to execute Task Order No. 14 with Garver, LLC in the amount of $55,000.00 for construction phase services, and to approve a budget adjustment. Summer Fallen, Airport Services Manager: This project is a result of the findings from the 2017 energy assessment that was funded by the FAA. During the assessment it was determined the facility had multiple efficiency issues. In 2018, the Airport obtained a grant from the Arkansas Department of Aeronautics to replace one of the two boilers that was deemed an imminent failure by that assessment. This grant will address the remaining issues, such as the leaking windows, HVAC system, ducting and the aged second boiler. Many of these items, if not all of them, are original to the building that was constructed in the late 1970's. 90% of the funding will come from the FAA. Additional funds will be received from the Arkansas Department of Aeronautics, leaving the cities portion after reimbursement to be $8,909 for the completion of the project. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 233-20 as recorded in the office of the City Clerk RZN 2020-000001: (3670 W. Mt. Comfort Rd./Kum & Go #2424): An ordinance to rezone that property described in rezoning petition RZN 20-01 located at 3670 West Mount Comfort Road for approximately 2.01 acres from R-A, Residential Agricultural to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director: This two and a half acre parcel is part of a larger vacant property located at Ruppel Road and Mount Comfort Road. The recent reconstruction of Ruppel created the four way intersection. Holt Middle School is a little bit to the north and west. There's a cemetery across the street. Surrounding zoning is R-A on two sides. The cemetery is RSF. The other two corners are already zoned Community Services. The adopted plan is designated city neighborhood area, specifically designated for that purpose with the hope that sometime in the future additional services might be developed at this intersection. It encourages commercial uses along major corridors. It has a relatively high infill score for this far out. It's 6 to 7. It's currently undeveloped. It is an area that has been long coming in terms of infrastructure improvements and now is finally at the point where it's probably right for development. The Community Services district brings in some design standards the commercial districts don't. The development challenges, as the Council Members that were out on the site yesterday are very complicated, but those issues need to be addressed at the Large Scale or the Site Planning level. The Planning Commission and staff recommend approval. Mr. Clotfelter, Applicant's Representative spoke about the rezoning request. He stated it's our understanding that this rezoning request follows the city's future master plan for zoning along the Mount Comfort Road corridor. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 24 of 31 Jim Hazen, 2160 Rupple Road: I strongly oppose this Kum & Go along with almost 400 of my neighbors. I've sent emails to all of the Council. This would be the only gas station not zoned C-1 or C-2. The possible leakage, tanker spills polluting the Hamstring watershed. Mature trees being leveled as they concrete the property. Possible oil and fuel into the surrounding soil. This is a known archeological zone and there's no indication they would search for any archeological items. It's a historical zone with a cemetery and church across the street. Schools are nearby. Safety for all our pedestrians that walk their children and their dogs. Traffic increased with delivery trucks and tanker trucks pulling in and out. A 24/7 business that sets a bad precedent. Major survey point is buried under this property. Disrespect of grave services across the street. Distance to the new Casey's is only 7/10 of a mile. Community Service zoning is flawed to allow gas stations in this zoning. It should be tabled so the zoning can be corrected. The rezoning should be delayed until future development guides the decision. Judy Hazen, 2160 Rupple Road: I strongly oppose the Kum & Go at Ruppel and Mount Comfort. Please consider these four words, safety, traffic, lights, and noise. These four words were of great concern to the current residents of 3670 Mount Comfort. The over 350 signers of the petition and over 40 emails to the Planning Commission opposing the Kum & Go. The many pedestrians, schoolchildren, bikers, and families will be in danger by the increase in and out traffic, the tankers and the delivery trucks. People tend to use a Kum & Go during rush hour when school busses and commuters are the busiest. Increased crime and alcohol sales are inevitable with this type of business. This would be the only 24/7 business in our planned community. We respect positive growth. Mount Comfort is a family oriented, walkable community with daytime services. We have a historic cemetery across the street that would be impacted by the increased noise and activity. We do not want to be a highly commercialized Wedington. Elizabeth Mongo, 4600 West Tupelo Way: I reiterate all of the Hazen's comments. I respect the work of the Planning Commission, but I was disappointed and felt misrepresented because so many people in our community spoke out against this rezone, specifically with the Kum & Go in mind. When folks decided to vote for it, it seems sort of cavalier, but to me that's not the purpose of the Planning Commission. When we look at convenience over long term planning, we get situations like Mission, Crossover, and Wedington that don't reflect the vibrancy of what makes Fayetteville the heart of it, like Dickson Street and the Square. I ask you to let us develop wisely and safely out in west Fayetteville. Council Member Turk: This site is very controversial. I want to add that there is an archeological survey dig done right there at Mount Comfort Church back in the 90's and has some site numbers. There's quite a bit of historical and prehistoric activity in the area, but also the number of e-mails that we've gotten, I would like to hold this for the next meeting and not advance it forward tonight. Council Member Smith: I don't need to hold this. We can if you really want to, but the amount of commentary we've gotten has made a lot of sense. From what I've received in personal outreach as opposed to the large petition, it's probably been about 60/40. There are some folks who find the appeal of services here appropriate. I think that speaks well of our comprehensive plan. I apologize for missing the tour yesterday because I had parent teacher conferences last night. This is an area where I walk by about three to four times a week. It's the perfect location for a walkable neighborhood center like we've designated it with a growth node. That's kind of a big, lofty, long 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 25 of 31 term dream for an area that's currently a bunch of fields. We'll never get that if we start it off wrong. I usually talk about looking at all of the use cases and the density issues in any zoning and trying not to focus on the worst case, but instead looking at the most likely case. In this case, I'm not sure that those are very different. We could all give a wink and a nod and pretend like this isn't all about one use unit within the zoning type, but I think it's fairly obvious that it is. In this case, the most likely use of this property pulled up just one parcel up to the corner as pretty obviously also the worst case this zoning would allow. Is there a place for a gas station in this area? Absolutely. I just don't think that's at the very center of a walkable center. CS is almost the right zone for this, but not quite because of the gas station use unit that's in it. This is not a development concern; it is about the one use unit. The Hazen's mentioned when we discussed their property on the south side of Mt. Comfort, one of the biggest things we heard from neighbors was they didn't want the all night lights and the traffic of a fueling station. During that conversation I remember asking them what their plans were. They said they did not intend to have gas stations. I asked them if they put that in writing and they said no. I took the risk on that one. I'm not willing to take that risk this time. Unless there's a very persuasive argument to the otherwise, I intend to vote to deny this until we can modify the CS zoning so that it will be more appropriate for our prominent corners in walkable areas. It's hard to imagine walkability being promoted by a facility that's sole purpose is to bring cars in and keep them for five minutes and send them out again. Council Member Gutierrez: I'd like to thank the applicant for hosting us on his property and letting us park on his nice long driveway and giving us a tour. It's a beautiful piece of property on a very busy intersection. I appreciate that he allowed us to go over there and visit with him. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion failed 4-4. Council Members Bunch, Smith, Petty, and Scroggin voting yes. Council Members Turk, Gutierrez, Marsh and Kinion voting no. This ordinance was left on the First Reading. Nelson Byrd Woltz, LLC Change Order No. 3 - 2019 Cultural Arts Corridor Bond Project: A resolution to approve Change Order No. 3 to the contract with Nelson Byrd Woltz, LLC in the amount of $90,400.00 for the development of a graphics, identity and signage package for the five primary elements of the Cultural Arts Corridor project, and to approve a budget adjustment - 2019 Cultural Arts Corridor Bond Project. Peter Nierengarten, Environmental Director: The Cultural Arts Corridor is a new 50-acre outdoor public space that was approved as part of the 2019 Bond package. The project will create destinations for residents and visitors and will link many of our downtown cultural institutions, such as Wal-Mart Center and Theater Squared. It'll enhance civic space and serve as a catalyst for additional development and density in our downtown. It will increase our bike trail connectivity, a pedestrian connectivity and improve overall walkability and mobility in our downtown. There are five primary elements included in the Cultural Arts Corridor. They are the West Avenue Civic Space on the parking lot across from the Wal-Mart Center. The West Avenue streetscape improvements. The Fay Jones Woodlands. The Razorback Greenway improvements and the new 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 26 of 31 parking deck to be located on the Northwest corner of Dickson and West. With original support and assistance from the Walton Family Foundation's Design Excellence Program, the landscape architecture firm of Nelson Byrd Woltz was selected in 2018 to design the corridor. Construction on the first phase of the project, which is the Fay Jones Woods, Razorback Regional Greenway and part of the streetscape improvements along West Avenue have started. The schematic design for the West Avenue Civic Space has been completed, with construction of those elements set to begin in the spring of 2020 after the completion of the replacement parking deck. The scope of work and fees proposed for this change order with Nelson Byrd Woltz are for the graphics identity and signage package for all five of the elements of the Cultural Arts Corridor project. We feel that a comprehensive package of graphics identity and signage for the project will ensure an aesthetic continuity among the distinct project areas and with input from city staff, Experience Fayetteville and other stakeholders will help support the branding. As part of this package, public engagement will be included, especially around the opportunities for naming of the various project elements. We envision a public naming process to first include development of an online naming tool for the project that will include some history and context for the project, along with naming guidance and examples for the public. The public will then be invited to submit their own inspired names and provide a sentence or two description about why their names should be the ones selected for the project. Selection Committee project stakeholders will review the submitted names and narrow that list down to a short list. The short list will be offered back to the public for them to vote on their favorites. We envision this will likely result in a process that gives us a different name other than Cultural Arts Corridor for the project. It's been a good working name for the project, but we are likely to see that go. The Gregg Avenue natural area, along with the Civic Plaza, are likely to get more creative names as well. Additional scope elements that are included in the contract amendment include a designing of the project, graphics identity package and style guide that will accompany the selected names. There'll be design of the physical signage and then assistance with the signage bidding and construction administration. The maximum not to exceed amount authorized for this change order for the work is $90,400 with funding coming from the Cultural Arts Corridor Bond. Council Member Gutierrez: I was glad to hear they opted to go with a local firm that would be highly aware of the local feel of what we're talking about with Fayetteville, versus a well-known, prestigious design firm. I'm sure they would have done a great job, but doesn't know the local area. I was concerned a little bit in terms of the pricing. The pricing did seem like a bigger outside firm pricing. I appreciate Peter going into a more detail about the process of the naming. I'm kind of wrapping my head more around the pricing that we're talking about here and I'm understanding it's including the actual physical signage as well. Is that correct? Peter Nierengarten: This does not include the physical tangible signs, but it does include all the design work to get us to the physical signage. We would then bid out the design package that would be developed as part of this work for procurement and acquisition of those physical signs. So, no, this cost does not include the physical signs themselves. Council Member Gutierrez: Those will be very expensive. I know the work of Archetype and I'm aware of what they are capable of. I'm looking forward to seeing some innovative branding and graphics. It will make a huge impact for our tourists to avoid any frustration, confusion and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 27 of 31 add enlightening experience who's engaged with all these amenities. I'm excited about that. Thank you very much for bringing on the local flavor. Peter Nierengarten: Absolutely. Council Member Gutierrez moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 234-20 as recorded in the office of the City Clerk 2020 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2020 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund, 3.7 mills for Fayetteville Public Library Operations; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I noticed the title does not exactly match the precise levy. It combines two of the levies for the Fayetteville Public Library in one. Even though it's probably a correct ordinance, I still suggest an amendment to the title that would change from what it says now, 3.7 mills for the public library operations. Instead, it would say 2.5 mills for the Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion. The title needs to be amended to say that to be very clear because this ordinance is so important. Council Member Smith made a motion to amend the title to say 2.5 mills for the Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Paul Becker, Chief Financial Officer: Every year at this time, we must come forward. The Mayor recommends to the Council, which should be adopted or what his recommendation is for property taxes for the property owners in Fayetteville. This year, we're recommending exactly the same property taxes as we levied last year. We discussed a little bit with you last Agenda Session on what I believe or I forecast for the remainder of this year and roughly what the draft at this point in time with General Funds is going to look like next year. That was done to demonstrate the fact that I believe we need the property taxes. We suspect a revenue decline in the last quarter of this fiscal year and essentially the flat compared to that for next year. We don't feel it's appropriate at this point in time under these conditions to consider any additional taxes in Fayetteville. Therefore, we're recommending same property tax levy as last year. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 28 of 31 Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6361 as Recorded in the office of the City Clerk Prohibit Fees and Late Charges for Late Payment of Rent: An ordinance to prohibit fees and late charges for late payment of rent until the Governor declares the end of the COVID-19 pandemic emergency and to pass an emergency clause. City Attorney Kit Williams: I drafted this ordinance by the request of Council Member Smith. I looked at the issue and notified the Council during the Agenda Session that I thought there were some issues about its legality and constitutionality. Since that time, I have decided this is too iffy at this point in time for us to be able to pass that safely. It would endanger substantial revenues of our taxpayers if we did. Even though rent was not defined in the preemption statute that the legislature had passed, preempting us from affecting rent, it was not defined in that. It didn't talk about late fees, but in another title of the Arkansas Code, it does define rent to include late fees. Most of the reason I think Council Member Smith had wanted to have something like this, if possible, was to prevent homelessness and the problems people would have if they had to go to a shelter with too many people there during this COVID pandemic. The federal government has attempted to prohibit evictions during this pandemic. The major reason I think this was brought has been somewhat superseded by the federal government. I sent the Council a memo on September 11, 2020 talking about these issues and the problems I saw with it. My conclusion was that the state law probably removes the power of the city even to temporarily regulate rental late fees and the federal government's eviction moratorium during the pandemic emergency removes much of the need for the proposed ordinance. The City of Fayetteville likely does not have the legal authority or the compelling need to pass an ordinance that prohibits the assessment and collection of penalty fees for late payment of rent during this pandemic emergency. I would like to see this tabled indefinitely. It's not safe enough for us to be able to pass it. Council Member Smith: I've seen a similar move in another jurisdiction in another state and asked Kit if this was something we could do. I want to thank him for the hours of homework he put in researching that, drafting the ordinance and researching it again to keep us out of trouble. Based on the argument he's presented, that's an absolutely correct and reasonable interpretation. Most landlords are working with their tenants and excusing late fees. I've heard that from several folks and I want to thank those landlords that are doing. Unfortunately, in Fayetteville, most landlords does not mean most tenants. We have just a few large property managers that house thousands of people in our community, and they don't always play as nicely as most landlords do. When the CARES Act expired in July, it was only a matter of time and sure enough on August 11, 2020 1 started seeing complaints and stories from residents who were seeing $10 late fees a day. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 15, 2020 Page 29 of 31 They were interfering with the distribution of some of our assistance programs. They were racking up day after day. This is all while folks are rearranging their finances. Sometimes their hours at work are changing. Sometimes they're changing jobs and that transition has resulted in delayed pay. All of that adds up and the burden on these things always falls to the people least able to shoulder it. Some folks have asked me why we don't do this for utility fees. Besides all the jurisdictional issues with that, utility fees are usually charged on a monthly basis. I've heard people since bringing this forward, tell me about their late fees that are up to $35 per day. The federal measures from the Trump administration have prohibited eviction, but they have not done anything to fund rent for rent recovery for landlords. They have not prohibited late fees and somebody paying $35 a day in late fees is looking at a $1,000 a month just in the fees. That's going to be more than their rent. By the time that prohibition on evictions expires on December 31, 2020 they could have racked up a bill of $3,700. All of that will be due on January 1, 2021 with no plan in place from our federal government to bail people out. I want to call on our Congress to look into cleaning that mess up for people. There's no relief currently, and that's something beyond our power to control. I do intend to motion to table this indefinitely. Council Member Turk: Thank you, Council Member Smith for bringing this forward. It's unfortunate we're not able to legally enact this ordinance. I wondered if the city could send a strong message through a resolution asking large corporations or landlords to suspend charging late fees. Even though it has no teeth, it's purely voluntary, but it sends a message of being a good neighbor to our community and recognizing people are having a hard time paying their rent. Maybe a little bit of consideration and compassion would go a long way. City Attorney Kit Williams: I can draft up a resolution for your first meeting in October, if that's any Council Members request. If that's your request, then probably joined with others, I can draft up a resolution and send it to you for your approval. Council Member Smith: If you can you prepare that, with Council Member Turk's permission, I would like to be a co-sponsor. Council Member Turk: That would be great if you could do that, Kit. Thank you. Greg Brown, Citizen: I had prepared a discussion of the legality of this particular ordinance. Thank you to City Attorney Kit Williams for the research on the project. I am an Attorney and general counsel to the Northwest Arkansas Board of Realtors. I want to thank everybody for the effort that's been put into this. I believe that had the city chosen to take action on this issue, it would have been in violation of state law and likely the contracts clause of the constitution. Kristen Bensinger: I am speaking on behalf of the Fayetteville Housing Authority. I'm coming to show support, not necessarily just for this particular concept, but in general for continuing to find ways to support our residents who are at risk for becoming homeless, but also for our community partners who provide housing. Those are our landlords. Landlords are not getting assistance in order to continue to provide housing. Even though our residents may not be losing housing, bills still have to be pay. Our community members and those we consider at the Housing Authority are community partners who partner with us to provide housing through housing choice vouchers and through Section 8 vouchers do not get any funding from the federal government in 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 15, 2020 Page 30 of 31 this gap. The executive order, which has been put in place, basically has frozen a funding stream. There is no funding stream for these landlords. On January 1, 2021 there will be a huge bill, which likely won't be paid because it's not possible for it to be paid by a resident and a landlord will be left holding the bag. It's a lose -lose situation all the way around. We are prolonging a situation which is not what we want to do. The City of Fayetteville is never going to be able to solve the problem on its own. It's going to take state, federal government, and it's going take all of us coming together. Council Member Smith made a motion to table the ordinance indefinitely. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. Announcements: Susan Norton, Chief of Staff spoke about the Bulky Waste Cleanup. She spoke about the annual celebration of trees giveaway. She spoke about it being time to renew business licenses through October 31, 2020. She stated citizens can do this online with the city's new online portal. She stated there will be a blood drive on September 16, 2020 on the Square between 9:00 a.m. and 3:00 p.m. She stated the Community Blood Center of the Ozarks is requesting anyone who can, to please give blood. She stated all of the information can be viewed on the City of Fayetteville website. Kara Paxton, City Clerk Treasurer: Two people in the City Clerk's Office, Kim Johnson and Jeana Mathis were awarded scholarships through the Arkansas City Clerks, Recorders and Treasurers Association. These scholarships are at $200 apiece, which allowed them to go through their full certification course this year in 2020. Mayor Jordan: Wonderful. City Council Agenda Session Presentations: Agenda Session Presentation - 2020 Levy and General Fund Budget Discussion, Paul Becker. City Council Tour: Monday, September 14, 2020 at 4:30 PM Meet at Majestic Lounge at 4:30 and the second stop will be about 45 minutes later at Mt Comfort and Rupple Road. Visitor parking available at Holt Middle School which is a short walk North on the West side of Rupple Road. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Adjournment: 9:03 p.m. City Council Meeting Minutes September 15, 2020 Page 31 of 31 •\TY• '•qiS'�'. YETTEVILLE'0 Kara Paxton, City Clerk Treasur4 :Io QkANSPS .•,c� TON 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position I Sonia Gutierrez Council Member Ward I Position I Teresa Turk Council Member Ward 4 Position I Nominating Committee Report September 10, 2020 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Mayor recommends the following candidate for appointment: HISTORIC DISTRICT COMMISSION Kelsy Litchenburg — One unexpired term ending 06/30/21 The Nominating Committee recommends the following candidates for appointment: AIRPORT BOARD Monty Roberts — One unexpired University of Arkansas member term ending 12/31 /21 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Stephanie Hubbard — One unexpired term ending 03/31/24 ENVIRONMENTAL ACTION COMMITTEE Ryan Mills — One Community Citizen at Large unexpired term ending 06/30/22 PEG ADVISORY BOARD Brandy Walsh — One unexpired term ending 06/30/21 Trey Marley — One unexpired term ending 06/30/22 TOWN AND GOWN ADVISORY COMMITTEE Alexandria Howland — One Community Citizen at Large term ending 09/30/22 - Representing Ward 1, 2 or 4 113 West Mountain Fayetteville AR 72701 i479; 575-8323 nnvw.fayetteville-ar.gov