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HomeMy WebLinkAbout2020-12-15 - Minutes -Council Member Sonia Gutierrez Ward 1 Position l Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting December 15, 2020 City Council Meeting Minutes December 15, 2020 Page 1 of 34 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on December 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. Council Member Petty arrived after Roll Call. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: 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 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 2 of 34 those of us you see before you, the voices you hear during the course of this meeting are being recorded for public record and piped into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, 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 raising your virtual hand 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 segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: Service Recognition for Council Members Marsh and Smith Mayor Jordan recognized Council Member Sarah Marsh and Council Member Kyle Smith for their hard work on behalf of the City of Fayetteville. He stated he had service plaques for them and wished he could hand them out personally, but due to the pandemic it will be a virtual presentation. Mayor Jordan stated Council Member Marsh has served Ward 1 for the past eight years. He spoke about her contributions to the Fayetteville Arts Council, Highway 71-B Project, Kessler Mountain, LGBTQ Civil Rights Ordinance, 2019 Bond Projects, Food Security, and her advocacy for affordable housing. He stated she has worked on these projects and many more over the years, which it has strengthened South Fayetteville and helped to make the entire city a great place to live and work. Mayor Jordan thanked her for her service and dedication to the people of Fayetteville and then read the plaque. Council Member Marsh: Thank you. It's been a real honor to serve and a pleasure to work with all of you. Mayor Jordan stated Council Member Smith has served Ward 4 for the past three years and he's made a big impact in several years. He spoke about his contributions for improving public participation and engagement in city government, bringing a focus on land planning, supporting the 2019 Bond Projects, advocating for affordable housing and thoughtful growth on the west side of town. He stated he helped secure and preserve public green space through Lewis Fields and Underwood Park. He stated Council Member Smith's work on these issues and many more have 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 15, 2020 Page 3 of 34 helped shape the future of West Fayetteville and the entire city. Mayor Jordan thanked him for his service and dedication to the people of Fayetteville and then read the plaque. Council Member Smith: Thank you. It's been an honor and a pleasure to work with you all. I appreciate the opportunity to do it. Mayor Jordan: It's been my privilege to serve this city alongside each of you. I appreciate everything you both have done and will continue to do for Fayetteville. 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 Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Aizenda Additions: None Consent: Mayor Jordan: Before we get into the Consent Agenda, item A.4 has been pulled by Council Member Marsh. It's a resolution to approve Fayetteville Police Department Policies 44.1.1 Juvenile Operations and 84.1.1 Property Management: Acquired and In -Custody. Is that correct? Council Member Marsh: Yes. I had a citizen request that we pull it so she may make comments. Approval of the December 1, 2020 City Council Meeting Minutes. Approved Community Access Television, Inc. d/b/a Your Media: A resolution to approve a contract with Community Access Television, Inc. d/b/a Your Media in the amount of $197,133.00 for the provision of public access television services and the operation of the public access television channel through 2021. Resolution 306-20 as recorded in the office of the City Clerk Fayetteville Police Department Donations: A resolution to approve a budget adjustment in the total amount of $27,939.00 recognizing donation revenue to the Fayetteville Police Department. Resolution 307-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 4 of 34 Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 44.1.1 Juvenile Operations and 84.1.1 Property Management: Acquired and In -Custody. This resolution was removed from the Consent Agenda for discussion. It was discussed at New Business. The resolution was tabled to the January S, 2021 City Council meeting. Wetland Program Development Grant - 2019 Drainage Improvement Bond Project: A resolution to authorize acceptance of a Wetland Program Development Grant in the amount of $300,000.00 from the Environmental Protection Agency Region 6 for Stream Restoration Projects within the City of Fayetteville, and to approve a budget adjustment - 2019 Drainage Improvement Bond Project. Resolution 308-20 as recorded in the office of the City Clerk Watershed Conservation Resource Center Task Order No. 7: A resolution to approve Task Order No. 7 with the Watershed Conservation Resource Center in the amount of $205,000.00 for streambank erosion assessment and stream restoration activities along portions of the upper Clear Creek Basin within the Illinois River Watershed. Resolution 309-20 as recorded in the office of the City Clerk Garver, LLC Task Order No. 2: A resolution to approve Task Order No. 2 with Garver, LLC in the amount of $325,350.00 for design and bidding services associated with the Runway Pavement and Lighting Rehabilitation Project at Drake Field, to approve a project contingency in the amount of $32,535.00, and to approve a budget adjustment. Resolution 310-20 as recorded in the office of the City Clerk Recycling and Trash Collection Fund Reimbursement: A resolution to approve reimbursement to the Recycling and Trash Collection Fund for the property located at Razorback Road and Indian Trail that is being conveyed to the University of Arkansas, and to approve a budget adjustment. Resolution 311-20 as recorded in the office of the City Clerk CARES Act Funds: A resolution to authorize acceptance of CARES Act funds in the amount of $2,915,062.00, and to approve a budget adjustment. Resolution 312-20 as recorded in the office of the City Clerk TEC, The Employment Company d/b/a TEC Staffing Services: A resolution to approve a one year contract with automatic renewals for four additional one year terms with TEC, The Employment Company d/b/a TEC Staffing Services as the primary provider for Janitor/Custodian, Transportation Maintenance Worker and other positions as needed, and as the secondary provider for General Clerical and GIS Technician Positions. Resolution 313-20 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 5 of 34 Daugherty & Daugherty Investments, LLC d/b/a 1st Employment Staffing: A resolution to approve a one year contract with automatic renewals for four additional one year terms with Daugherty & Daugherty Investments, LLC d/b/a 1 st Employment Staffing as the primary provider for General Clerical and GIS Technician positions, and as the secondary provider for Janitor/Custodian, Transportation Maintenance Worker, Parking Maintenance Worker, and other positions as needed. Resolution 314-20 as recorded in the office of the City Clerk Community Development Block Grant Program Income and Donations: A resolution to approve a budget adjustment in the total amount of $237.00 representing Community Development Block Grant Program income and donations from citizens and local businesses. Resolution 315-20 as recorded in the office of the City Clerk Niokaska Creek Trail LED Lighting: A resolution to approve a contract with Southwestern Electric Power Company to participate in an energy efficiency rebate program and accept an incentive rebate in the amount of $5,643.63 for energy savings generated from the use of LED lighting on the Niokaska Creek Trail, and to approve a budget adjustment. Resolution 316-20 as recorded in the office of the City Clerk South Mount Millsap Lane Name Change: A resolution to change the name of South Centennial Park Lane to South Mount Millsap Lane. Resolution 317-20 as recorded in the office of the City Clerk West Gecko Street Name Change: A resolution to change the name of West Pike Street to West Gecko Lane. Resolution 318-20 as recorded in the office of the City Clerk Historic Preservation Grant: A resolution to authorize an application for a Certified Local Government grant in the amount of $60,000.00 through the Arkansas Historic Preservation Program to complete a community wide preservation plan and a cultural resource survey of the University Heights and Haskell Heights neighborhoods, and to approve a budget adjustment appropriating matching funds in the amount of $20,000.00 contingent upon approval of the grant. Resolution 319-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Council Member Marsh made a motion to table AA, Fayetteville Police Department Policies to New Business. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 6 of 34 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. At the September 15, 2020 City Council Meeting this item was tabled. This item will be placed on the 1010612020 City Council Meeting. Mayor Jordan stated we need to amend the old ordinance to this new ordinance. He read the new title. City Attorney Kit Williams: My office sent out this proposed new ordinance after Chris Brown had successfully negotiated a new agreement with the railroad last week. We need a motion to amend to this new ordinance and including the new contract that Chris has negotiated. Council Member Smith made a motion to amend the ordinance as read by Mayor Jordan. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a brief description of the ordinance. He stated it has been quite a process to go through with the railroad with all of their needs and their request. He stated the ordinance lays out most everything, but he wanted to add a couple of additional notes that were not included in previous agreements. He stated one is the city's agreement to pursue funding and make safety improvements at the Frisco and Douglas Street Crossing, which is near the university campus. He stated as we were looking at different options, we realized the crossing really needs some work and is an important project to pursue. He stated the railroad asked the city to pursue partnering opportunities with them for other safety improvements up and down their line, which there's some federal aid funding that's available. He stated if the city helps them with some matching funds it will help with additional safety improvements, which he thinks is a good project overall. He stated it creates a partnership with the railroad that the city has never had before. He stated the cost of this agreement is $550,000 with some other costs that are included to provide the access for the Jocelyn Lane closure. He stated this is an important crossing to access property that has some important development opportunities for the future of the city. He spoke in support of the agreement. Council Member Gutierrez: From this point forward, if we want those east to west connections, we're going to have to go through this process again? If we wanted to open up another street, what 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 7 of 34 do we have to do for that? I understand we're trying to do this right now for development, but is that what we are looking at for the future? Chris Brown: Are you talking about additional railroad crossings? Council Member Gutierrez: Yes. That's why we're doing this because we opened up another one that was going to potentially bring a lot more development and more infrastructure. Chris Brown: If there are other future crossings, it would be the same process to develop the agreement. This is looking at just this one specific location. The railroad has been interested in not increasing the number of their crossings. When we talk about adding a new one, then we've got to look at ways to mitigate that new location. Council Member Gutierrez: The Jocelyn one is not very heavy traffic. Is the Gregg one in front of Meeks? Chris Brown: Yes, Garret Avenue is the one nearest Ridout Lumber. The agreement does mention that and it mentions improvements to that at some point in the future, but there's nothing requiring us to do anything at that location. We just agree that at some point if that street extends or the amount of traffic across the location increases, then it may be time to look at some crossing improvements there as well. Council Member Gutierrez: Thanks for all your work on this. I'm still trying to understand what the state is wanting. I guess it's a safety thing to have a minimized amount of crossings. Is that what your understanding is? Are they trying to control the amount of crossings? Chris Brown: Right. They own the railroad. They kind of have precedence over city street crossing locations. That's why it's been such a difficult matter to work through that with them. They are a private company and have liabilities with their crossings. There are big legal ramifications for them. It's important we have all these kind of measures in place and the agreements in place to help protect them. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan: I really appreciate Chris Brown's work on this. We've worked on this close to two years. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes December 15, 2020 Page 8 of 34 Chris Brown: The initial presentation to the Transportation Committee was a little over a year ago, but we've definitely been talking about it for at least two years before that in various forms. Mayor Jordan: We have a partnership now that we never had before. I didn't know if we were actually ever going to get that. We went to a few rounds of meetings. This is going to open up an area. I know the hospital is interested in that particular area. There's a lot of development going to go in and it's going to be a big plus for us. Thank you all for your patience. Chris, I want to thank you again for all your work on this. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6393 as Recorded in the office of the City Clerk Bank of Fayetteville/Depot Lot Site: An ordinance to approve a contract with the Bank of Fayetteville, Greg House, Fayetteville Depot, LLC (and possibly Ted Belden) to purchase about one half acre in the Depot/Bank lot for $350,000.00, to approve a lease -to -own arrangement with Greg House for the .2 acre lot on the north end of the Civic Plaza, to agree to convey to Greg House the ownership of about 14,000 square feet of the bottom floor of the City's Public Parking Deck and other items, and to pass an Emergency Clause. At the December 1, 2020 City Council meeting this item was left on the First Reading 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. Susan Norton, Chief of Staff gave a brief description of the ordinance. She stated she believes a fair contract can be achieved. She stated we still have a very viable place making Downtown redevelopment project and we are proceeding. She requested a little bit more time to make sure there is clarity for all parties' perspectives. She stated Sterling Hamilton requested to present the developer and the city's relationship with the development project as everyone is working together. City Attorney Kit Williams: I'm sad to report that we haven't quite gotten to the finished product yet. I had hoped that we would get this done by December 15, 2020. I have talked with Paul Becker, our Finance Director and Gordon Wilbourn, our Bond Council. We can delay this to the next meeting and still be able to fulfill our requirements for the bond revenue payments. There are some outstanding issues and things we need to do before the contract is 100% ready for your consideration and for the Mayor's signature, if you approve it. I agree with Susan that we should not be advancing this tonight. I don't think the contract is quite ready for signature at this point. Part of the evidence for that is the letter that Sterling Hamilton sent out to you. We're still trying to get to a total final agreement with all the ends tied up tight. I would like to get this finished and get the construction of the parking deck underway. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevi1le-ar.gov City Council Meeting Minutes December 15, 2020 Page 9 of 34 Sterling Hamilton, Applicant thanked everyone for their work on the item. He stated the development team feels as if they've been heard by the city and by the City Attorney. He stated he looks forward to working with Kit Williams in the next few weeks to finalize the agreement. He spoke about costs and responsibility for costs. He spoke about the legal description easement and cost details. Council Member Petty spoke about how enthusiastic he felt with the progress that has been made. He stated this has gotten so much of what the city set out to accomplish. He requested to know how much more was left to work out and how close to the finish line they were. Susan Norton, Chief of Staff. We are trying to get those contractual terms based on the cost and the architectural drawings and then we can apportion the amount of obligation by each party. That's the clarity we're all seeking. Wade Abernathy, Bond Projects & Construction Manager: The next Olsson amendment can actually happen after this contract is approved and signed, but that amendment does include getting to the end, as far as the drawings go. That would get us to the construction drawings, which Nabholz, our construction manager can then get us a guaranteed maximum price. I think everybody's comfortable with getting a guaranteed maximum price before we get too far down the road. We hope that we can have that by late February or early March. Council Member Petty: It sounds like there's just one more thing to work out on this contract. This cost allocation is the only thing anybody is mentioning so far. The project has made such substantial progress. It would be a shame for this deal to fall apart because we were trying to be too hasty at the very end of it. If we need to support it with a modest amount of more time or even some strategic outside expertise as we did at the beginning of the project, it would be worthwhile if we are as close to the end as it seems. I don't think I would have advocated like this at the beginning, whenever this was first presented, but now with the addition of the mobility hub and the timelines that are proposing to be memorialized, in terms of the new development and of the deck, I feel comfortable advocating for it. Peter Lane stated the Walton Arts Center Facilities Committee and the Executive Committee have met and discussed this project. He stated we had a presentation from Wade Abernathy and Peter Nierengarten to understand where this project is currently at. He stated on behalf of the Walton Arts Center organization, we are supportive that the deck is very close and it satisfies the proximity parking requirement we had. He spoke about the design checking off a lot of boxes. He spoke about the city continuing to listen to constituents about traffic flow. He spoke about the Walton Arts Center being excited about the project. He thanked everyone for the time put into the project. Anne O'Leary, 220 Lafayette Street stated she's the Chair of the Walton Arts Center Council. She stated she's been very heartened by the development of this project and is enthusiastic about where it's headed. Council Member Gutierrez spoke about supporting any resources to get the details finalized. Susan Norton, Chief of Staff: Thank you. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 15, 2020 Page 10 of 34 Council Member Petty spoke about a report from the ULI working group, which they had a number of recommendations. He spoke about engaging an independent agency or council to review the final contract development, especially with respect to best practices that other cities may have learned. He stated this is the time to engage that kind of expertise for a final review. Susan Norton, Chief of Staff stated they did have a recommendation from the ULI workshop and they offered their resources. She stated she can look further into that if that is the wishes of the Mayor and the Council. Council Member Petty: It seems wise to me and it would be my wish. Council Member Turk: There were a number of other recommendations in there. Those should be investigated if the Council and the Mayor would agree to those. Susan Norton, Chief of Staff. I'll redistribute that report so we can talk about that further. Maybe you could help us prioritize, if there are items in those recommendations. The recommendations weren't there necessarily that we needed to follow all of them, but there might be some that would lead us to the best practice product that we want. This ordinance was left on the Second Reading. RFQ-19-01 Olsson, Inc. Amendment 92: A resolution to approve Amendment No. 2 to the professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. At the 11117120 City Council meeting this item was tabled for two weeks. This agenda item was tabled for two weeks. At the December 1, 2020 City Council meeting this item was tabled for two weeks. City Attorney Kit Williams: This needs to be tabled to the January meeting so it can follow the contract. Council Member Kinion moved to table the resolution to the January 5, 2021 City Council meeting. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. This Resolution was tabled to the January 5, 2021 City Council meeting. RZN 2020-014(SE of I-49 & Wedington Dr./Marinoni Farm): An ordinance to rezone that property described in rezoning petition RZN 20-014 located southeast of I-49 and Wedington Drive for approximately 112.85 acres from RSF-4, Residential Single Family, 4 units per acre; RMF-24, Residential Multifamily, 24 units per acre; R-O, Residential Office; and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare and CS, Community Services. At the December 1, 2020 City Council meeting this item was left on the First Reading 1 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 11 of 34 Council Member Kinion 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. Garner Stoll, Development Services Director: I don't have anything to add at this time. I'd be happy to answer any questions. Paula Marinoni, Applicant stated some of the City Council feedback and some residents have said that we need to do a PZD. She stated we can't do a PZD and doesn't plan on doing a PZD. She spoke about the introduction of PZD's 20 years ago. She stated it seems that it has gotten off course over the years and now everybody wants to see a PZD, when you're asking for a plain old zoning. She stated that's not something the city can require and someone has the right to ask for basic zoning on their property. She stated she has participated for about 25 years in all the city's future land use plans. She stated she is trying to follow the 2040 Plan as a guiding principle of what she is supposed to be doing. She spoke about Council putting a lot of effort into promoting form based zoning and that's why she chose UT and CS. She spoke about traffic counts on Wedington. She stated she would challenge anyone to find a property in Northwest Arkansas that can move traffic better than this property. She stated if traffic on Wedington is an issue, then we should have priority because we're infill and west of I-49 is sprawl. She spoke about having a major connection to the east. She stated our family wants to develop this property and we have a right to develop our property and ask for reasonable zoning. She stated the city staff and Planning Commission has said this is reasonable. She spoke about treating everyone fairly. She stated in 2016 a 185-acre farm was rezoned to Urban Thoroughfare and hopes Council will treat her the same way others have been treated who have asked for this. She asked for Council's support. Laura Florick, 3068 North Bentley Ridge stated she is the Secretary of the Board at Temple Shalom of Northwest Arkansas. She read a letter that was sent to Council Members. She stated Temple Shalom of Northwest Arkansas strongly oppose this rezoning. She spoke about traffic flow concerns and an increased risk of anti-Semitism. Lisa Orton, 1663 West Halsell Road stated she is opposed to the rezoning request because it is too dense residentially and commercially for the surrounding neighborhoods and natural areas. She stated the rezoning request is incompatible to the area. She spoke about traffic concerns and that it would increase anti-Semitic vandalism at Temple Shalom. She stated the pulse of Fayetteville is toward more control growth. She spoke in favor of a PZD. Wiliam Feldman, 16 North Sang Avenue stated his concern about the loss of significant green areas. He spoke about traffic concerns. He stated he's a member of Temple Shalom and spoke about his concerns of having a road adjacent near the temple. He spoke in opposition of the rezoning. Paul Waddell, Citizen stated rezoning the property to Urban Thoroughfare or Community Services would be counterintuitive to what is going on in this area of Fayetteville. He stated the proposed rezoning would be putting the highest density possible right against a nature preserve. He spoke about traffic concerns. He spoke about Cleveland Street recently having a traffic related 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 12 of 34 death and prompted traffic safety measures for that area. He stated the University Heights neighborhood is already concerned about the Large Scale Development of Markham Hill. He spoke about the city's guiding principles. He spoke in opposition of the ordinance. Virginia Liner, 2129 Lauren Circle stated she had sent a letter voicing her concerns. She spoke about eminent domain. She spoke about her concern of the possibility of Maple Street being opened up as an exit. She stated she doesn't know what's coming and that's the reason she is against the rezoning. Ed Baker, 2131 Lauren Circle stated his biggest concern is the 22-acre Community Services portion, which is right behind his house. He spoke about traffic concerns. He stated not knowing what is going to be there is a concern to him. He spoke about drainage issues. He spoke in opposition of the rezoning. Erin Cohen, 2215 North Winwood Drive stated she is the Vice President of the Board for Temple Shalom in Northwest Arkansas. She stated the Temple Shalom Board strongly opposes the rezoning. She spoke about traffic concerns. She spoke about the increased exposure could be detrimental to the safety and security of Temple Shalom. Council Member Scroggin: How close is this rezoning to the Temple? Garner Stoll: Approximately between an eighth and a quarter of a mile. Council Member Scroggin: Is there concern that traffic will go down the road, not specifically of the rezone? Garner Stoll: Presently there is no connection. The residents are speaking to a master plan that does illustrate connectivity to the east. Council Member Scroggin: I absolutely think that Wedington, especially East of I-49 can handle some more density. I would hate to see all the stuff that could go here, go to say Double Springs and Wedington. That's where we start getting traffic that's bad is where people have to drive in. In its current form, I don't plan on supporting this. I want to see some more gradients of the land use than what I'm seeing here. I'd rather see a PZD. This is a massive development. Some of the massive developments that are coming in similar to this, a lot of people are starting to use PZD's, so the neighborhood has a better idea of what's going on. There's even discussion about removing certain uses from UT and Community Service. I would be okay with the UT close to Wedington, but not further in and then even better would be a PZD. Council Member Turk: Garner, in our current zoning requirements, does there have to be an outlet to the east? This is a very large amount of property. As you've heard from many neighbors, adding more traffic to the east on Sang, Cleveland, and possibly on Maple Street would impact these old historic neighborhoods and existing residence. Is that a requirement? Garner Stoll: No, it's not a requirement. My take on this Master Plan designation that has been carried from plan to plan since at least the 2025 Plan, is that it's one of the three remaining parcels 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 13 of 34 that has outstanding regional access. The improvements are being made to allow for easy connection to I-49. It also has good Fayetteville connectivity. I understand the issues the residents are addressing about congestion, but it has good arterial street access to all of Fayetteville via 49 and Wedington. My reading of the Master Plan is the general policy of neighborhood connectivity of the illustration of the connections to the east. In terms of the community transportation and the regional transportation, it can be accommodated through Wedington and I-49. Council Member Turk: The street off to the west of this property, is that Shiloh? It's only a one- way going north. My understanding from previous conversations is that the state was reluctant to have it go two -ways. Garner Stoll: I believe that's correct. Council Member Turk: That really limits in some way, much of the traffic movement that's possible. Is there some thought or consideration of going back and discussing that with the state? What do they need to change their mind to make that a two-way rather than a one-way access? Garner Stoll: That's an excellent question and it's a complicated process. The Department of Transportation are open to suggestions. They want to go through their normal process of doing their traffic studies and their regional convenience and so forth. Chris Brown, City Engineer: In order to make the interchange work, that has to be a one-way segment as you come into the interchange. We've had some brief conversations with ARDOT about the two interchanges. We asked if there's a way you can make a certain section of that frontage road be two-way and their initial answer was, no, not really. We haven't asked the question in detail or done the studies we would need to do in order to pursue that. If that's something the Council wanted to make a priority, then we would need to get some consultant help to study that. I think the Persimmon crossing would be part of that. It would be difficult to get that approved, but I don't think it's out of the question. Council Member Turk: If we were to undertake or authorize such a study, including the Persimmon overpass, how long would that take? Chris Brown: The study itself would take maybe six months or something like that. Working with ARDOT and trying to go back and forth with them could take much longer than that. It just depends on how engaged we can get them to be, but sometimes it takes a long time to get reviews back for that kind of question. It would be a matter of a year or multiple years to get something sorted out. Council Member Turk: Thank you. City Attorney Kit Williams: I was Chairman of the City Council Street Committee when they changed these roads from two-way to one-way. We opposed that very unsuccessfully. I will defer to Chris on the current situation. In the 90's, we didn't want them to be one-way and yet, they are one-way. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 14 of 34 Council Member Smith: I know that development here is inevitable. I hope we get good development here. I share a lot of the same concerns the neighbors do that the traffic plan is underdeveloped. I don't necessarily blame the developer for that because they've drawn in the streets as our Master Street Plan has it and that's about it. I wish our Master Street Plan had local streets designated in some of these large green field areas so that we could tell neighbors what we expect their neighborhood streets to look like. From a traffic standpoint, while I hear the concern is no new connections, I think the solution to traffic in an area like this is more connections. If we funnel everybody to Wedington, then we will create the traffic situation that we're afraid of. If we have a dense web of intersections where people have many choices for how they get in and out, then no one point will serve as that single most miserable access area. We would be well served with a more detailed Master Plan for our local streets that we could use as a framework for these sorts of rezoning, so property owners don't have to go get a PZD to give us the peace of mind we need for the adjoining neighborhoods. Mayor Jordan: What are the wishes of the Council? Do you want to leave it here on this reading? There was a brief discussion about leaving the ordinance on the second reading. Council Member Scroggin: Have we done a site visit? Garner Stoll: I don't believe you have done one. Council Member Scroggin: I want to see what the Council thinks about a site visit. This is one of the last massive properties that are left to develop. Council Member Bunch: I would be in favor of that. Anytime we look at a property, especially one this big, it's always nice to go put boots on the ground and take a look at it. Council Member Turk: I agree. Mayor Jordan: We will set up a site tour. Council Member Scroggin: We may want to invite the incoming Council Members as well. Mayor Jordan: We can do that. Council Member Scroggin: Thank you. This ordinance was left on the Second Reading. RZN-2020-018 (310 & 325 N. Fletcher Ave./McDonald): An ordinance to rezone that property described in rezoning petition RZN 20-018 located at 310 and 325 North Fletcher Avenue for approximately 0.92 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. At the December 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 December 15, 2020 Page 15 of 34 Council Member Petty 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. Mayor Jordan: Garner, anything new? Garner Stoll: No. I don't have anything new to discuss. Allison Quinlan, Applicant's Representative spoke about her presentation from two weeks ago about the impact that land use decisions like this rezoning request have on the ability to meet the growing housing shortage and demographic mismatch. She spoke about the commitment and experience of the design and development team of the project in Downtown Fayetteville and the Historic District. She spoke about goals and infill. She stated the two homes on the property are in very poor condition. She stated she is asking for this rezone because it's the most responsible use of the property. She spoke about turning vacant buildings into thriving businesses and doing housing renovations. Nicole Shipley, 309 North Fletcher spoke about her concerns about the water flow. She stated it has overflowed multiple times and cannot sustain the water flow off of Mount Sequoyah. She wants the water flow to be thoroughly addressed. Mayor Jordan: Chris Brown looked into the drainage issues on that piece of property. Chris Brown, City Engineer: What we have historically seen in request that we've had for services up there have been more drainage that comes down Summit to the south of this property. We have not heard of any major issues with flooding or anything adjacent to this property. The land does kind of fall off from east to west. If and when this property develops, there will need to be some things done, but it's doable with the infrastructure that's in place. Nicole Shipley: Maybe there are some issues from the south, but the mountain runs east to west as far as elevation. It completely would go into the west of the property. It's a major issue. I have a video that I can send to you of the drainage failing, even before a heavy rain. It's not just a south water flow issue. It is an east to west issue, primarily. If something could be done with the drainage, I would support the rezoning. Paul Blisard, 236 North Fletcher spoke about water concerns. He stated Summit is a very narrow street that goes behind his house and there's no sidewalk. He spoke about traffic concerns. He stated the Summit and Dickson intersection does not follow the original easement of the property and cuts through the back of his land. He stated he's not necessarily against the rezoning but would like to see some measures taken. Natalie Undernehr, 365 North Fletcher spoke about water runoff concerns. She stated the drainage ditches don't work. She spoke about traffic concerns. She stated Summit is a highly pedestrian road with no sidewalks. She stated Fletcher is a highly trafficked road. She stated putting eight more potential rental units across the street from hers is a scary situation for 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 16 of 34 everybody already living on the street. She requested to know if anything else was said or found out about the manner in which the water is running off through this piece of property. Chris Brown: I understand that the water flows from the top of the hill to the east, down towards the west. My point was that the concentrated flow and the higher flows that we've gotten complaints about are south of this property and it doesn't run through this property. It's south of there at the Dickson Street intersection. When that property is developed, there will have to be some work to make sure the water still gets to where it needs to go. There are some design things that will have to happen, but I don't believe any of those are going to be problematic with our current ordinances and requirements. Once it gets to that development process, we will be looking at those kinds of things. Natalie Undernehr continued to speak about her water flow concerns. Council Member Kinion: I just got a text from Bruce and Laura Wilkins and he could not get through on Zoom. He would like for me to read his short text. Bruce Wilkins, 230 North Summit Avenue via text message stated that Summit and the top of Dickson can't handle heavy traffic. He stated the pavement is narrow and the drainage is poor. He stated there is an open ditch on one side of the road and no sidewalk. He stated the curve where Dickson becomes Summit is so narrow that two cars can barely meet safely. He stated anyone walking down the street that lives on Summit are in danger when one car passes, and two cars meet. He spoke about needed infrastructure improvements. Council Member Kinion: I'm not endorsing this or anything. This is what was sent to me. Is this in the Hillside Overlay area? Garner Stoll: Yes, it is. Council Member Kinion: So, there will be constraints as they start to develop it at some point in the future to meet the requirements of the Hillside ordinance? Garner Stoll: Yes. Council Member Kinion: I do have some friends there that I visit regularly. They have a lot of runoff coming through their back lawn and when it goes down the street, it's pretty hefty. If there's good drainage improvements with the development, that probably would be good, but on the other hand, if it isn't managed, we would have more water that would be pushed into this drainage area. I do have concerns. I just got a message from Jack Irwin and he could not get through on Zoom, but he does not support this. Council Member Marsh: I support this rezoning request and this property is going to be redeveloped. The proposal on the table and the RSF-8 rezoning is absolutely appropriate for the density level that we need to see in this location, which is within walking distance of Downtown and many services. I've lived on Mount Sequoyah and stormwater runoff is always an issue, but we have a responsible developer. I have faith in our Hillside Hilltop ordinances to help with this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 17 of 34 I'd like to enable this project to get moving and replace these two obsolete structures with places for people to live. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Petty seconded the motion. Upon roll call the motion passed 7-1. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Petty voting yes. Council Member Kinion voting no. City Attorney Kit Williams read the ordinance. Council Member Scroggin: I agree with the rezone. The water is a concern. When we talk about rough proportionality, this shouldn't be this one developer's entire concern, but we definitely need to do something if multiple people have issues. What plans do we have for this area to alleviate some of these problems, whether this gets developed or not? Chris Brown: We have done some work at the corner of Dickson. I'm getting this information from our Transportation Division, who has the historical knowledge of work that they've done in the area. The only thing I'm aware of is the work that they've done at Dickson and Fletcher, due to complaints. These other complaints we're hearing from folks from the north are new to me. It is something we could look into. If we don't get the feedback from citizens that there's a problem, then obviously we don't know we need to investigate the problem. There is some piping along the east side of the road. I don't know how adequate it is as far as pipe sizing. There are some inlets there that don't look like they work too well. It's something we'd have to investigate and see what the issues are and what the solutions are. Council Member Scroggin: Where would be the proper channel for them to submit pictures or issues so the people listening have that opportunity? Chris Brown stated they could email him, and he gave his email address. Garner Stoll: Since this is the Hilltop Hillside Overlay District, it does require a grading permit. Although that's not a public process, it's something Chris approves and can be used to make sure that drains correctly. Council Member Scroggin: Thank you for the information. Council Member Gutierrez: There is a reported concern tab on the website. You can also email me as well. We definitely need to know about those flooding situations. The property with the rezone is going to have a lot more opportunity to address those water issues. It's a high traffic access area There are condos across the street. I'm a good 30 year renter in Fayetteville and I hope we can stay positive on renters. Increasing the amount of housing in the area is important because it's right in Downtown. I'll be supporting this. Council Member Marsh: It's really important for us to recognize that the RSF-8 zoning district they're asking for is very similar to the historic pattern of development in the Washington Willow Historic District, which is adjacent to the site. They're looking to build at an intensity that would 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 18 of 34 have been common and typical at the point in time when this neighborhood was developed. This parcel is adjacent to one that is a large swath of land that is zoned for RMF-24 units per acre. From a compatibility point, that passes the test. I do understand there are concerns about stormwater related to the potential redevelopment of this property, but if it were redeveloped at its current zoning of RSf-4, it would have zero stormwater protections. It does not behoove us to leave the zoning as existing. When I look at this parcel from a redevelopment proposal, what do we need most here. The RSF-4 will get us larger homes, but the market demands we need smaller homes. The RSF-8 is more appropriate here. It's important to remember that the majority of the households in this city are renters. Let's not make assumptions about the behavior of people based on the economic situation in relationship to their housing. Renters and owners are welcome in all neighborhoods. I will be supporting this rezoning request. Council Member Petty stated he agreed with the other comments that had been made, especially by Council Members Gutierrez and Marsh. He spoke about renter problems, not rental problems. He stated the suggestion that homes sell for current Fayetteville prices don't have anything to do with affordability is wrong, but the reasons that it's wrong are perhaps counterintuitive. He stated until the last election, he was the only person on the City Council who was a renter. He spoke about the financial challenges of being a homeowner. He stated even if new homes are expensive, it's providing some relief for that demand at the top of the market. He stated if these homes are constructed, maybe only a handful of people are going to get to stay living where they are today. He stated he is proud to support the rezoning. Council Member Bunch stated there is a runoff issue in this area because she used to live in the area and still owns a home in the area. She stated this is an appropriate rezoning and appropriate request. She stated if you go down to Willow or Sutton, which are some of the denser streets in the Historic District, the houses are a lot closer together. She stated there are some rentals and a mix of housing. She stated this is an area that will probably be changing in the future and is a good fit for the area. She supports the rezoning. Council Member Turk: Since this is in the Hillside Hilltop Overlay area and if any new building remains RSF-4 were constructed, would they be required to get a grading permit? Garner Stoll: Yes, they would. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Scroggin, Bunch, Smith, Gutierrez, Marsh, and Petty voting yes. Council Members Turk and Kinion voting no. Ordinance 6394 as Recorded in the office of the City Clerk New Business: Mayor Jordan: Now, we'll move to the item that was pulled from the Consent Agenda, which was A.4. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 19 of 34 Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 44.1.1 Juvenile Operations and 84.1.1 Property Management: Acquired and In -Custody. Mike Reynolds, Chief of Police gave a brief description of the resolution. He spoke about the accreditation for law enforcement agency. He stated this year they came out with some new standards and new guidelines for the Fayetteville Police Department. He stated the two policies with amendments are Juvenile Operations and Property Management. He stated the changes to these were previously approved policies by City Council and so it's just the amendments requesting approval. He stated the most significant change in our Juvenile Operations policy is a section that was added to provide officers with guidance on non -custodial interviews and that guidance is in accordance with the Rules of Criminal Procedure and also our juvenile laws as well. He stated the changes to the Property Management Policy provide for more security protocols and oversight. Sarah Moore, Ward 2 spoke about her concerns of the resolution. She stated there should be robust guardrails and guidelines at how we approach our community and our policing efforts. She spoke about number five, which is investigation of juvenile offender non -custodial interview. She stated an officer can conduct a non -custodial interview with the juvenile without a parent or guardian present and without giving Miranda warnings if the officer does not have probable cause to believe the juvenile committed the criminal offense he or she is being questioned about and the juvenile is not being detained. She stated it concerns her as a parent about the interaction that her child would have with law enforcement. She stated this might be a policy or procedure that's in place today that already happens, but it's reminiscent of when we were having the School Resource Officer conversation about how do we want to interact with our children and treating their behavior in a way that's appropriate towards a parent being able to redirect their child versus their behavior being potentially criminalized. She requested for Council to table the resolution and give the community time to have a conversation. Beth Coger, 3661 Embry Drive requested for Council to table the resolution to give the public more time to review. She stated she wouldn't want her 16 year old grandson to be interviewed or make a statement without his parents being present. Council Member Turk: I'd like to thank Sarah Moore and Beth Coger for pointing out this portion of the policy change. I think we should leave it on the agenda for the next two weeks to have further discussion. I should have done my homework a little bit more and recognized there were non -custodial interviews that took place. Council Member Scroggin: Is there any issue holding this up? Mike Reynolds, Chief of Police: The issue is that we're on a strict deadline to get this passed before the end of the year, but it's a compliance issue. I would think that CALEA would understand why we are out of compliance with this standard when they come in for our re -accreditation in four years. I want to make sure there's a clear understanding, not only with the public, but with the Council Members as well that this is -a procedure that's been in place with the Police Department for as long as I've been here. We are following the rules of criminal procedures with Arkansas State laws, as it relates to juveniles. We consulted with the juvenile Prosecuting Attorneys on several occasions to make sure we were in compliance with the law when we wrote this. There's a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 20 of 34 big difference between an interview and an interrogation. When an interview happens, that could be simply that we stopped someone for a speeding ticket, or they're involved with a collision. They could have witnessed a violent crime and time is of the essence in certain situations. If it turns into an interrogation, we have steps we have to follow. If it's a suspect, Judge Zimmerman has been very clear with us and our officers understand that under an interrogation there are certain steps that have to be followed or any evidence we obtain is not admissible in court. We would have to contact a parent or custodian in order to do an interrogation and get their permission to proceed with that interrogation. Any evidence that's obtained during that could be admissible in court, but anything that's obtained during an interview that relates to a juvenile being a suspect, would not be admissible in juvenile court. Council Member Scroggin: Is there any way to approve this in general and then have us revisit that one specific item? City Attorney Kit Williams: They can present amendments if they want in the future. Chief Reynolds, do we have to accept CALEA's standard to be in compliance with them or can we soften this to some extent and still be in compliance? Mike Reynolds, Chief of Police: Certainly. CALEA doesn't spell out exactly what the standard needs to say. They spell out what the standard needs to address. This is something that has been going on throughout my 28 years at the Police Department as it relates to non -custodial arrest. It just wasn't something that was limited to writing. CALEA is trying to be more transparent with the Police Department with putting it in writing. We are trying to follow the rules of criminal procedure and the rules of juvenile law and that's why we consulted with the Prosecuting Attorney. So, we could certainly soften it. If possible, we could take a look at it and have a discussion and see what areas could possibly be softened in this and still be in compliance. We'd just be out of compliance for a few weeks if we table this issue. I don't think CALEA is going to have a big problem with that. I would prefer we pass it, but I would have liked to have brought this forward to Council before the last meeting of the year so the public could comment. I certainly understand that, and I think CALEA would be understanding as well. Council Member Scroggin: I appreciate that. Hopefully in the future we can have more time to talk, instead of we need to do this now. We've had some good and uncomfortable conversations in the last six months. I hope we can continue to have some of those uncomfortable conversations and get on the other side in a better place. I appreciate the Chief for going through those and I hope we can look at this in two weeks. Council Member Marsh: I moved that we take this off the Consent because we had community members with concerns that wanted to speak. In reading through the language in the proposal, I could vote for this tonight. I believe what they're looking at here are non -custodial interviews where the officer does not have probable cause to believe the juvenile committed the criminal offense and if it looks like they do have reason to believe the juvenile was involved, then there are separate protocols that notify a parent or custodian. It's important to remember that not all kids have healthy, functional relationships with their parents that they could call in a time of distress or they would even want to know they'd had an interaction with a Police Officer. This is allowing the officer to interview victims or witnesses at a scene of a crime and time is of the essence. I'm not 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 21 of 34 really sure what a parent's involvement could add to the fact finding mission of such an interview. If you all want to hold it, I absolutely support that, but in reading the fine print of this ordinance, I'm comfortable voting in support of it tonight. Council Member Smith: I would concur with Council Member Marsh. There are an infinite number of complicated situations that we would be hard pressed to sit here and predict and evaluate every single one. There may be interviews where the parent is the subject of the interview that could complicate the notification. It could also just be a sensitive topic that complicated relationships could make things difficult. I feel pretty good that this is not a policy change, but a formalization of an existing policy. I think the compliance aspect is worth going ahead and putting this in writing with a commitment to come back and look at some of those more intricate details later. I would support going ahead and adopting this tonight as long as there was a commitment to continue the conversation. Council Member Scroggin: I'm okay with that if we do have a commitment to continue the conversation. During these interviews, are body cameras on? If there was an accusation that a Police Officer was leading an under aged child, would there be evidence to show that later? Mike Reynolds, Chief of Police: Yes, absolutely. Our policy which you passed on body worn cameras does mandate that our officers have their body worn cameras on at all times that they're interacting with the public, including juveniles. There's certain FOI's that would require us to redact that information if we had to release it. If a parent had a complaint and wanted to visit with me, we could look at the video together and we can ensure our officers are following policies, procedures and our laws. Council Member Scroggin: Thank you. Council Member Petty: It's important to acknowledge that we've got to do non -custodial juvenile interviews from time to time. Having a policy in place is smart. I read the policy closely last week and reviewed it again today. I came to more or less the same conclusion as Council Member Marsh. However, our Chief of Police doesn't see there's a significant risk in a minor delay. I see the request to table this as a no cost way to take a good faith action with the community. We've heard from our Chief of Police that the risk is small or nonexistent and even though he might have a different preference, he's okay with the modest delay. These are the kinds of gestures we use to build a stronger relationship of trust with parts of the community, which has been called into question recently. For those reasons, I'd support tabling it Mayor Jordan: If we table it, I still have the ability to call a Special City Council meeting before the end of the month. Correct? City Attorney Kit Williams: You do, but it doesn't seem like you need too because the Chief thinks it won't be a problem. Mayor Jordan: I still have the ability to call a Special City Council meeting if CALEA does not understand or if you have issues with that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 22 of 34 Mike Reynolds, Chief of Police: Mayor, since 2013 when we joined CALEA, we've had an impeccable record with them. We've never had any findings in our three accreditation processes that we've been through. With everything that's going on in the last six months and you date back to May and the horrific incident involving George Floyd, there's been an outcry for police reform. I think that's why CALEA has asked us to revisit some policies and added some amendments and some standards. That's why we're under such a strict deadline here at the end of the year because these mandates were imposed on us. We're trying to bring these policies through to meet these mandates. I would hate that they would have a finding against us in four years when they do our reaccreditation if they were to look at this. I would do the best job I could to explain what happened with this particular policy, how we brought it forward at the last meeting, and how there was some community questions that came out. That would be the worst thing is they would have a finding against us and when I went in front of the Commission, I would explain my stance on that and hopefully they would be understanding. It's my preference that we pass this tonight. I feel like it's a solid policy. It's following state law with our rules of criminal procedure and it's following our juvenile law as well. There was a brief discussion about calling a Special City Council meeting. Council Member Turk: I'm hopeful the community can get behind and wordsmith this a little bit, make it clearer, and then support it. I think two weeks is not too long to ask to get community involvement and support behind this rule. Mike Reynolds, Chief of Police stated he would follow up with CALEA if it's tabled and make a determination if a Special City Council meeting needs to be called. Mayor Jordan: I can call a special meeting pretty quick. I've become pretty handy at that over the last six months or so. Council Member Marsh: What are we looking to accomplish by tabling? What is the successful outcome we wish to accomplish in the next three weeks? Council Member Turk: My goal would be that we involve some of the community members. Maybe rewrite some of this so it's clearer and that we understand what the interview is versus an interrogation. I do have concerns about juveniles. The Chief s explanation was great, but I'm not sure this is quite clear enough the way it's written. Council Member Gutierrez: Kit, can we rewrite something more soft that doesn't comply with the State law? Maybe that's why we need some more time to give you time to research that. I don't feel comfortable leaving it to us and the community to rewrite it, if we can't even change it. City Attorney Kit Williams: State law puts the absolute basement of what has to be done before the Police Officer can act, arrest somebody, stop and frisk, and that kind of stuff. We as a city can have something that would be more protective than that if we would like. I have something I'd like to talk to the Chief about and see if he'd be interested in that or if it would cause problems. I don't want to discuss it now, but I would like to talk to him about that and one concern I have. If they want to look at that, it would be fine. If not, that's fine too. I think it's worth a shot. Sometimes, we 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 23 of 34 can lead the way by being more careful, more kind, and protective to our juveniles. I certainly agree with the Chief that this is what State law says. So, we are complying with State law, but sometimes Fayetteville goes above and beyond. If we have it delayed a short period of time, I'll be able to discuss a suggestion I have for the Chief and see if that would cause any problems or whether that would be something he would be happy with. Council Member Gutierrez: Thank you. Council Member Scroggin: We absolutely need the ability to interview. If there's a fleeing suspect and they run by a bunch of kids, and you ask, which way did they go, does that count as an interview? Obviously the language needs worked on. Hopefully the community and the Chief can continue that conversation. Council Member Petty moved to table the resolution until the January 5, 2021 City Council meeting. Council Member Turk seconded the motion. Upon roll call the motion passed 5-3. Council Members Scroggin, Turk, Gutierrez, Kinion, and Petty voting yes. Council Members Bunch, Smith, and Marsh voting no. This resolution was removed from the Consent Agenda for discussion. It was discussed at New Business. The resolution was tabled to the January S, 2021 City Council meeting. 2020 State and Federal Forfeitures: A resolution to approve a budget adjustment in the amount of $38,096.00 recognizing revenue associated with federal and state law enforcement forfeitures. Mike Reynolds, Chief of Police gave a brief description of the resolution. He spoke about the resolution being an annual request for recognizing revenue for federal and state forfeitures. He spoke about the money being seized from illegal crimes. He stated equitable sharing laws require forfeited funds be spent for law enforcement purposes and they are tracked with the city's project accounting system. He spoke about what the forfeiture money had been spent on in the past. He spoke some of the impermissible uses. Council Member Gutierrez: We talked briefly this week about this. We were going to look at a possible educational playground to help children understand and learn more about possibly becoming a Fireman, Policeman or a Policewoman. Is that equipment that's allowed or is it not? Mike Reynolds, Chief of Police: That would be very questionable, as an allowance. We would have to seek permission for something like that. There is an avenue for us to ask those questions on the front end, instead of having to ask for forgiveness on the back end, but it has to be related to some type of anticrime community policing efforts related to gun violence, drug awareness or something like that. Our Backpack Initiative that we partnered with Saint James Baptist Church and Asbell School, we were able to put some anticrime literature in those backpacks with school supplies and things of that nature. That's how it was permissible for us to utilize the forfeiture funds for that. It's something for us to certainly think about as we are building our new Police Headquarters site where we can engage in our community. Something like a playground, a basketball court or something in the plaza. I would be happy to explore that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 24 of 34 Council Member Gutierrez: That would be great to find out if that is an option. I definitely want to continue to support the awards for retirement and the service awards. Those are really important and all the training. I look forward to seeing a good investment of these forfeiture funds for those uses. Thanks. Council Member Smith: One thing I look at when there are funds of this nature that come from a specific source, I like to see if there are ways to spend them to the benefit of the community in the same way they were seized. Would it be possible to take money that was seized from drug activity and put it towards either the crisis stabilization unit, drug court or other rehab and assistance programs? Mike Reynolds, Chief of Police: Yes, we've done that in the past. We shared some of the assets with drug court under the permissible uses. Sharing of resources with organizations that support community based action have to be 501(c)(3) or 501(c)(4). Their mission has to support the Fayetteville Police Department's efforts, policy, and our initiatives. We are only allowed to give $25,000 annually. The law enforcement agency head must approve it and we must ensure those funds are spent permissibly under the law. The city has to monitor the sub -recipient of those expenditures and keep track of those as well. Sarah Moore, Ward 2 spoke about what asset forfeiture is and where the money comes from. She stated while she agrees that wanting to rid the community of drugs will make us safer, she has concerns about some of the methods. She stated asset forfeitures are cash and seizure of properties like computers and cars when someone is entangled with drugs that are involved in a criminal charging and what takes place after that happens. She spoke about being more restorative with the funds and pour those back into the community with the guardrails that are already in place. She spoke about the victim services area at the Prosecutor's Office. She stated the money could be used in the community to educate about drug use and assisting individuals who are trying to get connected to resources. She spoke about the homeless who are struggling with addiction. Scott Mashburn, Citizen spoke about being careful of the unintended consequences and the process and procedures. He spoke about restorative justice to fight drug addiction rather than putting more money towards arresting people. He spoke about the ethics of it incentivizing arrest and seizures. He spoke public input to the process. Council Member Smith stated it's important we develop a standing citizen committee that can review issues like this and the previous one when we have more detailed community conversations that need to go to a policy or a sensitive budget decision like this. Council Member Petty: I'll be voting no. I would vote for it if there were a more specific purpose listed, as was suggested by citizens. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-1. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Kinion voting yes. Council Member Petty voting no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 15, 2020 Page 25 of 34 Resolution 320-20 as recorded in the office of the City Clerk Random Productions, LLC: A resolution to authorize payment to Random Productions, LLC in the amount of $500,000.00 for the production of True Detective Season Three in Fayetteville, and to approve a budget adjustment. Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He spoke about the project highlighting the best of Fayetteville and showcasing the local and national talent and having a significant economic impact. He spoke about Fayetteville being able to handle productions of this size. He spoke briefly about the spending data. He stated there's so many other benefits to this project outside of economic, direct and indirect impact. He stated linear views of the series were over a million every single week and that's not streaming or cumulative data, nor does it count the numerous times that somebody re -watched it. He stated exposure has already brought in ancillary benefits, such as additional productions that told us they became aware of Fayetteville because HBO came here. He spoke about the production company giving back to Fayetteville and donating nine tractor trailer loads of set props and materials to the Salvation Army in South Fayetteville. Chris Crane, State Film Commissioner: Fayetteville literally shined and we can't thank you enough for being economic development partners in this endeavor. The production of True Detective was the largest production we've ever had in the State of Arkansas and it was with many thanks to the City of Fayetteville. This partnership is exactly what economic development should be. It was the perfect placement for this particular project and it will lead to many more. I'm such a fan of Fayetteville and so is everybody in the production. You've had production members move here to Fayetteville. We would appreciate you giving a good vote. Mayor Jordan: Thank you very much. There was a brief discussion of how appreciative everyone was of Fayetteville. Chris Crane: I appreciate your compassion. I've sat through three hours now of your City Council meeting and your compassion for the citizens of Fayetteville should be commended. I've been to many City Councils and you guys shine. Thank you. Council Member Gutierrez: Thank you. Council Member Marsh: Thank you to Devon for being so wonderful. Hiring the Economic Vitality position was one of the best things we've done since I've been on the Council. Devon has done a great job in bringing exciting projects like True Detective here and HBO. This show has left its mark on my neighborhood. A lot of the revenue that one of my neighbors earned by renting his home to be part of the production, he then turned around and created a neighborhood park with the money. That's something we can all enjoy now. I saw a lot of people flooding in and renting in my neighborhood while they were working on the production. I enjoyed, not just the economic impact, but the vitality that it brought to the community. This is a great project and I'm glad we had the opportunity to be a part of it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 15, 2020 Page 26 of 34 Devin Howland stated it was fun. He spoke about learning a lot about film through this project. There was a brief discussion about the previous project. Mayor Jordan: Well done. Great partnership and great project. Chris Crane: Thank you. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 321-20 as recorded in the office of the City Clerk Evelyn Hills Outdoor Refreshment Area: An ordinance to amend § 111.07 Outdoor Refreshment Area to create the Evelyn Hills Outdoor Refreshment Area. City Attorney Kit Williams read the ordinance. Devin Howland, Director of Economic Vitality gave a brief description of the ordinance. He stated this ordinance enables a dining district to exist where alcohol can be consumed at sidewalk cafes and outdoor seating areas. He stated the rules are simple and it's not bound by dates, times, cups or visible identifiers. He stated it allows patrons of restaurants to possess and consume at seating areas, such as a sidewalk cafe or expanded outdoor dining seating. He spoke about the permitting process. He spoke about ACT 812. He spoke about the layout of the area. He stated he sent out this information to all the tenants in the center and it can be found on the website. Molly Rawn, Fayetteville Advertising and Promotion Commission CEO stated she is fully in support of the initiative that Devon has brought forth. She stated we shouldn't have to be declaring an Entertainment District in Evelyn Hills, but unfortunately the state has nuanced and antiquated ABC laws that make it very difficult to help local businesses that need help. She stated we have a restaurant where a patron cannot have a glass of wine on their patio, which is something that happens at restaurants across town all the time. She stated passing this ordinance has the potential to have a meaningful impact for a local business. She thanked Devon for his work. She spoke in favor of the ordinance. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 27 of 34 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Mayor Jordan: Thank you all. Great work, Devon. Council Member Marsh moved to approve an Emergency Clause. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Emergency Clause Approved Ordinance 6395 as Recorded in the office of the City Clerk VAC 2020-006 (W. Judge Cummings Rd./Kessler Park R-O-W): An ordinance to approve VAC 20-006 for Kessler Mountain Regional Park at West Judge Cummings Road to vacate a portion of a street right-of-way. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Smith: Why do we have a roundabout with just two legs? Garner Stoll: The Master Street Plan anticipates another possible connection to the private property to the north and anticipates another collector street connection over here. In the future it might have at least three. Council Member Smith: Okay. Good alternative access into the park too. Garner Stoll: Yes. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Marsh 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 6396 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar - City Council Meeting Minutes December 15, 2020 Page 28 of 34 Amend §161.22 Community Services and § 161.24 Urban Thoroughfare: An ordinance to amend § 161.22 Community Services and § 161.24 Urban Thoroughfare by changing certain permitted uses to conditional uses. City Attorney Kit Williams read the ordinance. Council Member Smith gave a brief description of the ordinance. He stated he went over the item in some detail at the Agenda Session. He stated he feels like the Community Services zoning is not meeting our goals. He stated good zoning should make for predictable developments and we keep hearing from our neighbors that they are too nervous about some of the uses that may pop up in a Community Services or Urban Thoroughfare zone. He stated citizens are concerned about gas stations and drive through restaurants generating a lot of traffic. He stated citizens are concerned about round the clock lights and things that are not as desirable in residential areas. His proposed solution is to move Use Unit 18 gas stations and drive through restaurants from a buy right use, to a conditional use. He stated we do a good job of community planning for mixed use and diverse housing types, but we're just not getting what we're asking for. He stated his solution is to move single and two family dwellings out of by right use in that zone into Conditional Use Permit and that would allow the Planning Commission to evaluate the right conditions for housing. He stated we don't want to prohibit single family housing, because that's an important part of meeting our goal of a diverse array of housing types, but we don't want to see that use used to the exclusion of all others, especially when it erases the lines with adjacent zonings. He stated it's not the kind of big picture solution he would like and believes the whole code needs a big overhaul in some areas, but development is still happening and doesn't think they can wait. Council Member Marsh: Thank you, Council Member Smith for bringing this forward. This is something we have talked about for years. There have been many times I might have wanted to support Community Services zoning or Urban Thoroughfare, but may not have done so because of my concerns about gas stations and drive through restaurants. This is a great solution because it acknowledges that sometimes those things are still appropriate in these zones, but it will allow the Planning Commission to make those calls on a site by site basis. There was a brief discussion about the packet information and being able to view agenda links. Council Member Bunch: Have you talked with any of the real estate community? I'm getting lots of calls from realtors about concerns of changing things like this. It might end up being for the best, but you know how everyone gets concerned when we start changing things. If you are going to make changes, you have to get some of these people behind you a little bit. If they can make a $1 off of it, they'll be fine, as long as they know what they are expected to do. Council Member Smith: I did consult with one of the developers on the largest section of CS zoning over here that I know has a plan coming through. They were all acceptable with it. I didn't go down every parcel of CS zoning in town and try to do outreach, but I'm happy to let it run its course over several readings and you all can take the comment that they bring us here. Council Member Kinion: I remember previously about driveway concerns and it was simply because we did not include stakeholders. We've got to include stakeholders because there's already 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www,fayetteviI1e-ar.gov City Council Meeting Minutes December 15, 2020 Page 29 of 34 a lot of information coming my way that's not exactly accurate. It's going to take some education. On the basis of what was written there, it just looks like more restrictions, more paperwork and more hoops to jump through in Fayetteville. It has to have more discussion or we're going to have the same result as we did with the driveway legislation. Kara Paxton, City Clerk Treasurer: There was a huge update this weekend regarding Chrome and how our Granicus vendor uploads all those documents to the internet and three browsers. If you are using a Chrome browser, you're not able to see all of those links right now until the vendor gets everything taken care of. It's something that I found out on Sunday afternoon. Council Member Scroggin stated he doesn't want to vote on this today, but they need to start looking at these issues. He stated there's a lot of people that want to be in Fayetteville because we do have those restrictions. He stated they're really concerned about approving development and that's one of the reasons he pushes for PZD's. He stated it's hard to get anything approved because the neighbors are usually mad due to having no idea what's going to be here and they just imagine the worst case scenarios. He spoke about a sunset clause and claims of a taking. He spoke about Bills of Assurance and stated things need to change. He spoke about the cost for developers to do PZD's. Council Member Smith: While I respect the real estate industries clout and ability to organize, both of these solutions to both of these problems were brought as a direct request of residents from Ward 4. While I don't have the personal network to reach out to the entire development community myself, I view this as our public forum for doing that. I'm bringing this on behalf of folks who've asked me to address these issues and appreciate your help in engaging in that conversation. Council Member Bunch: With respect to the real estate industries clout, they also involved a lot of citizens. Some of those citizens were in Ward 4 when we were talking about the driveway. This could be going in the right direction. I want to make sure we include the right people, so that we don't have excessive drama when we don't need it. If we need to make changes, then okay, but let's work with everyone and try to get the people with obstacles on board a little bit. I know you are not expecting this to be passed or go through tonight. Council Member Marsh: I was hoping we could advance this tonight. This is something we have needed to do for so long. It's an elegant solution to taking the most controversial aspects of our more intense zoning districts out. In terms of reducing drama, every time we have a rezoning to Community Services or Urban Thoroughfare, we have to sit up here for hours listening to community comment and people concerned there could be a gas station or a drive through. This allows us to address those concerns on the front end and give freedom to our professionals in the Planning Commission and Planning staff to evaluate lots on a one by one basis. It's hard as a realtor to sit up here and listen to a lot of the disinformation the realtors lobby spreads about the things the City Council tries to do without recognizing the delicate balance we have to strike between protecting existing neighborhoods and residents, as well as accommodating the growth that's happening and will continue to happen. As we grow and rezone things, it's important for us to have more calibrated tools than we've had in the past. This is one way of doing that and it will allow us to up -zone a lot more properties for development, while protecting the adjacent properties from 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 15, 2020 Page 30 of 34 the adverse conditions created by some of these uses. We are probably going to leave it here, but I hope you will support this ordinance. Council Member Bunch: Those are all very good points, Council Member Marsh, but some of us are going to be here if we pass this and be catching flak from people that you are not going to be getting. We always talk about letting the neighbors speak and have their say. Well, we need to let developers have their say. I think it's only fair. City Attorney Kit Williams: I don't have any position on the validity or the wisdom of this, but when I saw the way it was originally drafted to go in effect immediately, it was a real danger to the city for regulatory takings. If somebody had purchased some property that was zoned CS and wanted to build a gas station and now they have to go to the Planning Commission and the Planning Commission doesn't have to grant a conditional use, that could adversely affect their reasonable anticipation to be able to build a gas station, which they can right now. We need to handle this like we did the Streamside Protection ordinance. In that particular case, we phased it in so that if somebody wanted to build within the Streamside Protection zones, they had to do it within a certain period of time. Depending on the size of the lot, it was from six months to a year. My office drafted up a Section 3 that would delay the implementation for six months. This will give us some help if we get sued because if you are buying your land and you want to build a gas station there, which you can right now, then we're not taking that away from you. You have six months to get it done, but in the future, you cannot do that. I will send this ordinance out to you tomorrow on what could be a possible six-month moratorium on the effectiveness of this. That should give us better protection from a regulatory takings of the Private Property Protection Act. If we instituted it immediately, I think we would have some serious legal problems. I do not recommend passing it, as it is right now. Christopher Lomax, 2169 North Stone Chapel Lane spoke about the intent of the 2040 City Plan in regards to vehicle traffic. He spoke about CS zoning and the intent of form based planning. He believes the geography of Fayetteville often limits the desired outcome, especially in areas with immediate proximity to city boundaries and are currently classified as real lag. He encouraged City Council to look at adopting this sooner rather than later. Will Dockery, 4149 West Bradstreet read a section from the city's planning book about the purpose of the Community Services district. He stated Urban Thoroughfare and Community Services were originally designed from the beginning to be a denser node with a mix of housing and services. He stated it's mostly supposed to be services and that's partially why it's based under a commercial zone and unfortunately the only things being built right now are single family housing. He stated many Ward 4 citizens have wildly differing views on zoning, but they keep asking for this, especially for the Unit 18 changes. He stated large portions of Rupple from MLK to Owl Creek and College from Maple to North Street, plus portions of Mission, MLK, Crossover, Fulbright Expressway and I-49 have Community Services or UT facing them. He stated Council needs to consider if single family dwellings are appropriate by right in every case in these locations, gas stations and fast food. He stated what we're doing right now is not working and is hurting neighborhoods, especially on the west side. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 15, 2020 Page 31 of 34 Jim Hazen, 2160 North Rupple Road stated gas stations and 24/7 businesses should be removed from the Community Service zoning or move to conditional. He stated Community Service zoning was established to encourage walkable residential nodes in a town design. He stated realtors may have a point, but they may not have to live right next to these gas stations. Judy Hazen, 2160 North Rupple Road urged the Council to revisit the Community Service zoning by removing gas stations and 24/7 businesses. She stated gas stations are too high of an impact and adversely affect the walkable residential purpose of a neighborhood. She stated they are noisy, crime centered, and traffic magnets that reshape the community. She stated it creates opposition in an otherwise positive development in our Mount Comfort community. Council Member Turk: A lot of us got emails and phone calls today from the real estate community and it was like they had just caught on to this item being up for consideration tonight. I don't want to rush this because there are a lot of strong feelings. We should make sure we hear those voices and consider them. We have discussed this issue at every almost every monthly Ward 4 meeting that I've attended. It is something that needs to be addressed. I think we need to hold it tonight. Council Member Petty: It's obvious we're going to end up taking a little more time with it, which I can appreciate, but it's not something I feel is necessary. Some people are never going to come along. It's okay for us to take action, even if they don't. Sometimes they're just wrong. There are a lot of ways that our code is a failure and there are a lot of ways it's not. It's important for us to admit these are failures that can be corrected. I hope we'll see more of that coming straight from staff or from other Council Members because that's how we stay on top of things. Mayor Jordan: Council, do you want to leave this right here and take it up in January? Council Member Kinion and Council Member Gutierrez stated they would like to keep it here and revisit it in January. Council Member Smith: I would love to vote on it tonight, but that was my expectation. This ordinance was left on the First Reading. Amend §163.02 Authority; Conditions, Procedures of Chapter 163 Use Conditions: An ordinance to amend § 163.02 Authority; Conditions, Procedures of Chapter 163 Use Conditions by adding general compatibility with the city's adopted strategic plans as an additional factor for the Planning Commission to consider when granting Conditional Use Permits. City Attorney Kit Williams read the ordinance. Council Member Smith stated in the previous topic we moved some items to conditional use and generally the Planning Commission has a list of technical attributes they have to certify have been addressed when granting a Conditional Use Permit. He stated one of them is compatibility with surrounding development, but what they don't currently have is the authority to decide 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 32 of 34 compatibility with our future planned development. He stated the intent is to be explicit that the Planning Commission is empowered to pursue our long range plans as adopted by the Council when considering Conditional Use Permits. Council Member Petty: Garner, with your breadth of experience in other cities, do you think this is something we need? If you do, expound upon why. Garner Stoll, Development Services Director: I think the Planning Commission does consider those plans right now. I know our staff always looks at our strategic plans, street network plans, and our land use plans when they write the staff report regarding Conditional Use Permits. I think you are codifying existing practice and it is good practice. Council Member Petty: I'm glad to hear that. Thank you. That's been my observation as well. This is what the Planning Commission and staff do in practice or at least set out to do in practice. I'm eager to see this practice codified. I've noticed at times, the lack of its explicit inclusion in this list has created some weaknesses in the deliberations and it's forced the Planning Commission and sometimes the Council to do a complicated dance to make a decision in reference to the plans. I'm excited for it. I hope we can vote on it tonight. It seems exceedingly straightforward to me. Garner Stoll: The directions that are in this section are all specific tangible items, until you get to the general requirement of the Planning Commission looking at compatibility. That is typical of administrative items like Large Scale Development or plats. You always want objective tangible criteria because you're administering the land use code and you don't have a discretionary item on the table. A Conditional Use Permit is discretionary. It's entirely appropriate to have the general condition of compatibility, as well as Master Plan conformance. Will Dockery, 4149 West Bradstreet: I love development things and it shapes our city in ways that we do this. This is a good thing that we should go ahead and approve. It's a lot like planting a tree. We may not see all the benefits of it now, but 50 years down the line Fayetteville will thank us for this. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-1. Council Members Scroggin, Bunch, Turk, Smith, Gutierrez, Marsh, and Petty voting yes. Council Member Kinion voting no. City Attorney Kit Williams react the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 6-2. Council Members Scroggin, Bunch, Smith, Gutierrez, Marsh, and Petty voting yes. Council Members Turk and Kinion voting no. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 WWW.f2yetteville-ar.gov City Council Meeting Minutes December 15, 2020 Page 33 of 34 Council Member Marsh: This is such an important ordinance. Our plans are only worth as much as our implementation. It doesn't do any good to have all of these plans, get the community involved in them, if we're just going to stack them on a shelf and never look at them again. This requires us to thoughtfully consider each of those plans with every decision that the Planning Commission is making. Thank you, Council Member Smith. Council Member Smith: Thank you to Jonathan for pointing out to me that this could be a challenge to some of the other issues and also hashing out with me the challenges that this could pose for staff and helping me understand their perspective. Thank you to my neighbor who complained that the Planning Commission doesn't plan anything, but just reacts. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Scroggin, Bunch, Smith, Gutierrez, Marsh, and Petty voting yes. Council Members Turk and Kinion voting no. Ordinance'6397 as Recorded in the office of the City Clerk Planning Technician Position: A resolution to approve the extension of 1.0 temporary full time equivalent position in the Development Review Division for a Planning Technician through December 31, 2021, and to approve a budget adjustment. Garner Stoll, Development Services Director gave a brief description of the resolution. He thanked Council for considering this late in the calendar year. He stated this is normally associated with an annual budget request, but this isn't a normal year. He stated development applications went up and revenue was unexpectedly good. He spoke about having a lot of work and the position being needed. He stated even with this position, the overtime hours are extensive. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 322-20 as recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff spoke about the Blood Mobile being on the Fayetteville Square, December 16, 2020. Mayor Jordan stated this is Garner Stoll's last City Council meeting. He stated he will be leaving by the first of the year. He stated Garner came out of retirement and started at the city in October, 2017 as the Development Services Director. He stated Garner has over 39 years of planning and community development experience. He spoke about the projects that he and his staff developed during his time with the city. He stated Garner has been a tremendous asset to this city and his experience and knowledge has been so valuable. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes December 15, 2020 Page 34 of 34 Garner Stoll: Thank you, Mayor for those kind words. Thank you, Council. It's been an honor and privilege to provide you with staff support. Mayor Jordan: I want to thank the Council for their service this last year. It has been quite a year with a lot of challenges. You all have been steadfast and worked tremendously hard. You've been a tremendous service to this city and a help to this administration. I wish you all a happy, healthy, and safe holiday season, my friends. Thank you. City Council Agenda Session Presentations: None Ad iournment: 10:04 p.m. I►►►►rr1 a �•�� �1 �� -!LpS •G• tiara Paxton, City C erk Treasuri3- ;0,� 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 1 Teresa Turk Council Member Ward 4 Position I Nominating Committee Report December 91h & 10th, 2020 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Alayor recommends the following candidates for appointment: NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY Mike Johnson — One term ending 12/31/26 Blake Woolsey — One term ending 12/31/26 PUBLIC FACILITES BOARD Marjo Burk — One term ending 12/31/25 The Housing Authority Board of Commissioners recommend the following candidates for appointment: HOUSING AUTHORITY BOARD OF COMMISSIONERS Monique Jones— One unexpired term ending 12/28/22 Kristen Bensinger— One term ending 12/28/25 The Nominating Committee recommends the following candidates for appointment ACTIVE TRANSPORTATION ADVISORY COMMITTEE John Ray — One term ending 12/31 /22 Jeremy Rawn — One term ending 12/31 /22 Daniel Greim — One term ending 12/31/22 AIRPORT BOARD Ian Tholking — One Aeronautical term ending 12/31 /25 AUDIT COMMITTEE Ann Gearity — One CPA term ending 12/31 /23 CIVIL SERVICE COMMISSION Spencer Brown — One unexpired term ending 03/31/24 113 West Mountain Fayctteville_ AR 727P1 (479) 575-8323 vfw%,).fayetteville-ar,gov ENERGY IMPROVEMENT DISTRICT NO. 1 Joseph Donahue — One term ending 12/31/22 ENVIRONMENTAL ACTION COMMITTEE Jeff Pummill — One Community Citizen at Large term ending 12/31/23 Glenda M. Patterson — One Community Citizen at Large term ending 12/31 /23 PARKS AND RECREATION ADVISORY BOARD Joel Freund — One term ending 12/3 1/23 Andrew Brink— One term ending 12/31/23 Julie Chambers — One term ending 12/31/23 URBAN FORESTRY ADVISORY BOARD Blake Tedford — One Tree Service Community term ending 12/31/22 Samuel Hunter Adkisson — One Community Citizen at Large term ending 12/31/22 Lacey Jennen — One Community Citizen at Large term ending 12/31/22 Zane Colvin — One Community Citizen at Large term ending 12/31/22 112 W@St MCLI!Itein Fayettevdle, AR 72701 (470) 575-8323 fayetteville-at gov