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HomeMy WebLinkAbout2021-07-07 - Minutes -Council Member Sonia Gutierrez Ward I Position 1 Council Member D'Andre Jones Ward I 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 July 6, 2021 City Council Meeting Minutes July 6, 2021 Page 1 of 16 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 Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 6, 2021 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. Mayor Lioneld Jordan, Council Members Sonia Gutierrez, D'Andre Jones, Mark Kinion, Matthew Petty, Sarah Bunch, Teresa Turk, Holly Hertzberg, Assistant City Attorney Blake Pennington, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Absent: Council Member Sloan Scroggin. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Proclamation Presentation by Mavor ,fordan to Dr. Jeffrey Allen Murdock Mayor Jordan presented a proclamation to Dr. Jeffrey Allen Murdock. He stated Dr. Murdock is a Professor of Music Education and Choral Activities at the University of Arkansas. He stated he received the 2021 Grammy Music Educator Award. Mayor Jordan read the proclamation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 2 of 16 City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated sales tax was up 40% for the month and so far, sales tax is up 19% over the budget. He stated that's roughly $2.3 million. He stated we added $2.5 million dollars on the expenditure side for salary increases. He stated this puts the city in good position going forward moving into the year. He spoke about the power of internet sales. He stated we are looking very good at mid -year. He stated it looks like the economy is doing good at this point in time. Agenda Additions: None Consent: Approval of the June 15, 2021 City Council meeting minutes. APPROVED Bid #21-39 Mayer Electric Supply, Inc.: A resolution to award Bid # 21-39 and authorize the purchase of harmonic filters and variable frequency drives from Mayer Electric Supply Company, Inc. d/b/a Upchurch Electrical Supply in the amount of $48,985.88 plus applicable taxes and freight charges. Resolution 177-21 as recorded in the office of the City Clerk AIT Services, Inc.: A resolution to authorize the purchase of a carbon steel ribbon blender from AIT Services, Inc. for $19,625.00 plus any applicable tax and freight charges for the thermal drying unit at the Biosolids Management Site, and to approve a project contingency in the amount of $3,925.00. Resolution 178-21 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the Engineering Services Agreement with McClelland Consulting Engineers, Inc. in the amount of $261,000.00 for easement acquisition support for the West Water Transmission Line Project, and to approve a budget adjustment. Resolution 179-21 as recorded in the office of the City Clerk 2021 Community Development Block Grant (CDBG) Agreement: A resolution to approve the Five Year Consolidated 2021 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG Agreement for 2021 in the amount of $748,785.00 when received, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 3 of 16 Resolution 180-21 as recorded in the office of the City Clerk MHC Kenworth: A resolution to authorize the purchase of a Kenworth T880 Tri-Axle Heavy Haul Truck Tractor from MHC Kenworth for the amount of $147,220.25, plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract for use by the Transportation Division. Resolution 181-21 as recorded in the office of the City Clerk Riggs Tractor Company: A resolution to authorize the purchase of a Caterpillar Skid Steer from Riggs Tractor Company in the amount of $83,344.92 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by Fleet Operations. Resolution 182-21 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc. Amendment No. 2 — 2019 Street Improvements Bond Project: A resolution to approve Amendment No. 2 to the contract with McClelland Consulting Engineers, Inc. in the amount of $70,090.00 to provide additional services associated with the West Center Street and North Harmon Avenue Intersection Project - 2019 Street Improvements Bond Project. Resolution 183-21 as recorded in the office of the City Clerk Environmental Products Group: A resolution to authorize the purchase of a street sweeper from Environmental Products Group in the amount of $238,768.31, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. Resolution 184-21 as recorded in the office of the City Clerk Community Access Television dba Your Media: A resolution to approve a budget adjustment in the amount of $10,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase related promotional activities budget. Resolution 185-21 as recorded in the office of the City Clerk Federal Aviation Administration (FAA) Grant: A resolution to authorize the application for a Federal Aviation Administration grant in the amount of $6,635,840.00 to fund the design and construction of the Runway Pavement and Lighting Rehabilitation Project at Drake Field Airport. Resolution 186-21 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 4 of 16 Unfinished Business: Appeal RZN 2020-028 (East of W. Michael Cole Dr & W. Wedington Dr./Kidder): An ordinance to rezone that property described in rezoning petition RZN 21-028 for approximately 5.1 acres located on West Wedington Drive east of Michael Cole Drive from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services -Limited. At the June 15, 2021 City Council meeting this item was left on the First Reading. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated he did not have any new updates on the item. Robert Rhoads, Hall Estill Law Firm stated he was representing the applicant. He gave a brief description of the history of the project. He stated the project originally was for RMF-18. He stated after hearing the comments of staff who originally didn't support it and the Planning Commission, it now brings before you, RI-U and Neighborhood Services, which now the staff fully supports and also supported before the second go around, before the Planning Commission. He stated which again, the Planning Commission after suggesting these changes, nonetheless narrowly failed to send this to the Council with a thumbs up. He spoke about the many reasons why the staff and some members of the Planning Commission support what is before Council. He stated from a compatibility standpoint, this rezoning request fits what is going on in the area, which is where Council has already approved duplexes to the West and 12 units per acre to the Northeast. He spoke about the developer offering a Bill of Assurance by the next meeting. He spoke about having the item at three separate meetings to allow the public to be informed. He spoke about parking and traffic concerns. He requested for the ordinance to be held on the Second Reading and to pass it in two weeks at the next City Council meeting. The City Council received one public comment regarding this ordinance. Council Member Turk: I would like to leave it here to give the applicant the opportunity to bring forward a Bill of Assurance and hear from neighbors who are in support or against this. Council Member Hertzberg: I'd be okay with leaving this on the Second Reading. I don't believe I will be supporting this. I've personally spoken to three of the residents, all of whom have concerns with this. I received two pieces of public comment with concerns of leap frogging and current run- off issues to the south, which would be an increase with this development. There are concerns with increase in cars turning on Wedington without a light, Neighborhood Services is only blocks away that is mostly vacant and paving increase run-off. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 5 of 16 Council Member Kinion stated he wanted to leave it on the Second Reading to see the Bill of Assurance. Council Member Bunch: What is the zoning at the end? Is it Neighborhood Services and is that Bill of Assurance going to cover that as well? Robert Rhoads: Yes. One will deal with the Neighborhood Services and that commercial will be built there. It won't be just pure residential on that tract. In regard to the other tract, we will commit to building townhomes. This ordinance was left on the Second Reading. New Business: City Board of Health: A resolution to review the continuation or repurposing of the City Board of Health now that the Governor's Decree of a Pandemic Emergency has lapsed. Mayor Jordan: Council Member Petty and I sponsored this last summer. It was passed on June 24, 2020. This resolution was to be reviewed within four weeks at the end of any relevant State of Emergency, to determine whether the City Board of Health should be dissolved and reconstituted. I certainly think we need to continue the City Board of Health. I would hope that the Council would not put a time limit on it. Council Member Petty: I would be happy to vote for the resolution. Council Member Jones: I sent an amendment to the City Attorney's office today. I would like to amend the resolution to recognize the Council's unanimous declaration that racism is a public health crisis. I would like to direct the Board of Health to take up equity issues in public health and other public health issues in their professional capacity as they see fit. On August 18, 2020 the City Council voted unanimously to recognize racism as a public health crisis. We tasked the City Board of Health and the City Health Officer to identify health disparities and ways to positively affect health outcomes and the adoption of large scale solutions to this public health crisis. Evidence based health information should be clearly communicated to the public to combat this constant assault on healthcare access for transgender, Washington County women and Americans who qualify for public assistance. Assistant City Attorney Blake Pennington: Council Member Jones forwarded this to me a few minutes ago. I've got the text. If it's adopted as an amendment, we can insert that in the resolution before you sign it. Council Member Turk: Is your amendment to just only focus with COVID-19 or is it broader than that? Council Member Jones: It's broader than that and is based on any population that has historically dealt with health disparities. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 6 of 16 Council Member Petty stated adopting a broader mission was something that was discussed with the members before the board was pulled together, whenever the emergency declarations ended. He stated this is really timely and thanked Council Member Jones. Mayor Jordan stated he took something similar to this to the Board of Health for discussion several months ago. I don't have any issue with the amendment. Council Member Kinion: I support this. I want to commend Council Member Jones. It's very comprehensive and it does include a broad number of elements of our society that may have disparities in health care. I was pleased that it was very inclusive. Council Member Jones: Last year the Board of Health partnered with the Black Action Collective. They hosted a series of health clinics at the local barber shop. Over 35 Latino and African American men were screened. Council Member Gutierrez: Thank you Council Member Jones for bringing this. I definitely support it. I like the broadening so once we transition to do a little less about COVID, although there's still a lot of health issues we need to deal with COVID, but probably it's weaning now. It gives us some other missions to work on that absolutely need work. Council Member Jones moved to amend the resolution as described. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Council Member Turk stated the resurgence we are seeing right now in Arkansas needs to be addressed. She stated we need to continue this Board of Health. She thanked Council Member Petty and Council Member Jones for their work on the resolution. She stated the Board of Health has served us very well, will continue to address some of these serious issues and to address the underprivileged inequities in healthcare. Mayor Jordan: We are not setting a time now? Assistant City Attorney Blake Pennington: Correct. Council Member Petty moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Resolution 187-21 as recorded in the office of the City Clerk RZN-2021-044 (716 S. College Ave./Clayton-Niederman): An ordinance to rezone that property described in rezoning petition RZN 21-044 located at 716 South College Avenue for 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 vvvaw fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 7 of 16 approximately 0.30 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated when looking at the request in terms of City Plan 2040, staff feels this is very complimentary to many of the goals the City has adopted. He stated this site has access to a lot of amenities in the area. He stated Walker Park is immediately to the west across the street. The school districts Adult Education Center is immediately to the north of the former Jefferson Elementary building. He stated this is reflected in the elements that contribute to infill ratings such as Fire Department response times, access to infrastructure and transit. He stated other issues considered in looking at the request were the public comment that was received. He stated they received inquiries, but it was uniformly in support of the request. He stated staff recommends in favor of the request. He stated the Planning Commission recommended and forwarded the request to Council in favor unanimously. Asha Niederman, applicant stated the lot is 75 feet wide and the current zoning requires 40 feet wide lots which wouldn't allow me to split it. By rezoning to RI-U, I could build several smaller houses than one large house. She stated her hope is to be able to build two smaller houses and two ADU's. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6450 as Recorded in the office of the City Clerk RZN-2021-045 (S.E. of S. Ray Ave./JCC Enterprises): An ordinance to rezone that property described in rezoning petition RZN 21-045 located southeast of South Ray Avenue for approximately 7.00 acres from RSF-4, Residential Single Family, 4 units per acre, I-1, Heavy 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 8 of 16 Commercial and Light Industrial and R-A, Residential -Agricultural to R-A, Residential Agricultural. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommends in favor of the request. He stated when evaluating they found the Residential Agricultural Zoning District can act as something of a holding district in the meantime for the property. He stated they feel although it may be appropriate in the future to develop the property for higher intensity if it were to be tied into the existing street grid or if the developments in the area were to change, at this time it is more appropriate to move further down in the zoning entitlement category than further up it. The Planning Commission agreed with a vote of 8-0. John Cloyed, applicant stated he was available for questions. Council Member Turk stated it seems the applicant is making a good choice. This will further protect the West Fork of the White River. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Turk moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez stated she wanted to commend the applicant for down zoning, bringing some relief for places for water to collect and to the protection of the creek. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6451 as Recorded in the office of the 04, Clerk RZN-2021-046 (S.W. of S. School Ave. & W. MLK Blvd./Southyard Development): An ordinance to rezone that property described in rezoning petition RZN 21-046 located southwest of South School Avenue and West Martin Luther King Junior Boulevard for approximately 2.00 acres 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 9 of 16 from DG, Downtown General and I-1, Heavy Commercial and Light Industrial to MS-C, Main Street -Center. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated this property has many of attributes of infill development. It is very close to fire station one, has all the typically infrastructure you would expect, access to both of the main transit services of the City, is immediately adjacent to a trail and a short jump from Walker Park. He stated staff has found no issues with the request. Staff recommends in favor and Planning Commission agreed unanimously. Seth Mims, Specialized Real Estate Group, 204 Ahlstrand and applicant for the project stated what Jonathan said is a lot easier for a lot of reasons especially financing to have a uniform zoning across the entire project. Council Member Turk: Jonathan, you mentioned there was some preservation next to the Tanglewood Creek, is that correct? Jonathan Curth stated as part of the projects large scale development they are required to dedicate or deed parkland to the City along the creek. Council Member Turk stated at this point if we approve that they can't go back and change it a fee in lieu, is that all a part of the package we are looking at or is that a separate issue? Jonathan Curth stated I believe the property was deeded as a part of the easement plat that was required before they could move into the current phase, but I could be mistaken. Seth Mims: Yes, the property has already been deeded, but in this case the City is not getting only the parkland dedication, but we are also paying the fees because we want to see a quality asset, not just for the City, but for our community. Council Member Turk: Jonathan, I just want to clarify that what Mr. Mims said is completely locked in. Assistant City Attorney Blake Pennington stated the City received a deed that was recorded on November 6, 2020 for the property that covers the stream. The City received 1.3 acres. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 10 of 16 Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6452 as Recorded in the office of the City Clerk RZN-2021-047 (North of 2619 N. Quality Ln./Sources for Community Independent Living): An ordinance to rezone that property described in rezoning petition RZN 21-047 located north of 2619 North Quality Lane for approximately 2.00 acres from RMF-24, Residential Multi -Family, 24 units per acre to CS, Community Services. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the zoning in the area is fairly consistent with quite a bit of residential development. He stated staff feels rezoning the property to CS and affording the opportunity for services to serve these residential areas is complementary. He stated the request is consistent with our adopted plans. The Future Land Use Map has this property as City Neighborhood Area which is a designation that supports a fairly wide spectrum of residential and non-residential uses in terms of City Plan 2040 and the infill score. The property has access to all the typical infrastructure. In addition, there is an Ozark Regional Transit stop nearby and Scull Creek Trail immediately to the east both of which would be very complimentary of development. He stated staff is recommending favor of the request. Planning Commission agreed forwarding it unanimously 8-0. Alan Deaver, Morrison Shipley Engineers stated he has nothing further to add but can answer any questions. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 11 of 16 Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6453 as Recorded in the office of the City Clerk RZN-2021-048 (956 W. Cato Springs Rd./Reynolds): An ordinance to rezone that property described in rezoning petition RZN 21-048 located at 956 West Cato Springs Road for approximately 0.50 acres from RSF-4, Residential Single Family, 4 units per acre and I-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General. Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated public comment was received prior to the Planning Commission meeting and at the meeting with concerns about drainage. The Cato Springs branch runs immediately to the east of the property. The flood way associated with the Cato Springs branch runs up to about the eastern edge of the property. Much of the property and a lot of property in the area are within flood plan. He stated although staff was concerned with this, we do feel that some of our more rigorous ordinances that recently passed by the Council, specially those about flood plan, help protect neighbors and users of any specific property. He stated staff recommends approval of the request. Planning Commission agreed and although they forward it unanimously they expressed some hesitation about the development adjacent to a flood way but felt on the balance of issues that our city ordinances protected adjacent owners and again those within a given property from harm or damage and felt that the proposed request and all the uses allowed with it were compatible with those existing in the area. Garrison Roddey, applicant stated as we looked at this parcel, we were a little bit turned off by flood plain and flood way. As we did further research the house that's there now takes up quite a bit of room on the property. Through doing a peer system and talking with neighbors down the street we feel like that actual porous areas is going to increase rather than decrease. He stated we are not bringing a bunch of red dirt to fill it up, so it puts a water problem on our neighbors. He stated they are very excited about the Fayette Junction Plan, with the trails and all the development that's going on in south Fayetteville, the new engineering building, the greenway is not just used for recreation now, it is use of travel in the city. We are very excited about all the activity that's going to happen in south Fayetteville. We want to have a small place making area down there that we can develop that will drive more traffic on the trails. Council Member Turk: Jonathan, you mentioned the eastern portion goes into the floodway, would the applicant be permitted to build in that floodway or not? 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 12 of 16 Jonathan Curth: They are indeed. When you build in a floodway not a floodplain, so the path that will flood in the instance of water rising, a developer is required to provide a no rise certificate. That means the water level will not rise on other people's properties because of the amount of water volume that you are displacing. Development in the floodways is among the most strenuous types you can do from FEMA standards. The City has heightened standards above that as a part that recent stormwater ordinance, we have something of a municipal no rise certificate that's required for development and floodplain areas. Especially if there's recognized issues associated with that. Council Member Turk: Are there other concerns or limitations in the 100-year floodplain area? I was impressed with the applicant saying that he wants to build a pier system and reduce the impervious surface. That's a really a nice change in consideration, I'm just wondering what the limitations are with the City legally. .Jonathan Curth: The municipal no rise certificate is required in the floodplain as well. Alan Pugh shared that to date there has not been any issues on this property. If you are familiar with this area or looked at our City GIS in this area, you see there's a City owned property to the south. However, the City ended up buying out a property owned because it was a repeat incident where the house was flooded several times and the City was seeking to reduce the potential risk in that area and also to increase the amount of perviousness or areas that can absorb rainwater. Council Member Jones stated he is very excited about this for Ward 1. Council Member Jones moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez stated I'm in this area quite a bit. There is a storage unit, a lot of dense housing nearby, a lot of variety of housing nearby, a lot of potential with land that doesn't have anything at all, so it would be great to have a variety of offerings in here to serve the neighborhood. I'm looking forward to continuing to support this. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan: I live about 300 yards from this development and this goes along with the Fayette Junction Master Plan. I'm very pleased to see this type of development go in. We have waited a long time for this kind of development. It's a real good project and I really appreciate you all bringing it forward. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 6, 2021 Page 13 of 16 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6454 as Recorded in the office of the City Clerk VAC-2021-014 (3553 N. Steele Blvd./First National Bank): An ordinance to approve VAC 21- 014 for property located at 3553 North Steele Boulevard to vacate a portion of public right -of- way - Assistant City Attorney Blake Pennington read the ordinance. Jonathan Curth, Development Services Director stated he had a clerical request and in reviewing the item leading up the City Council meeting, he found that the internal staff review of the legal description had placed it about 300 feet to the south. He presented a proposed alternative Exhibit A and asked if Council sees fit that they would amend the ordinance to consider in lieu of the Exhibit A that was in the packet. He went on to describe the clerical issue and give a brief description of the ordinance. He stated the applicant is requesting to vacate a portion of right of way to scoot their allowance for a sign closer to right of way. He stated staff feels there is no adverse impact to the public interest. He stated they feel Steele is built out to its effect width and don't anticipate it needing to be widening any further. The improvements along the street frontage have been there for some time. Street trees are planted with First National Bank and staff recommends in favor and Planning Commission agreed. He stated at the Planning Commission meeting there was a discussion from Planning Staff and the Planning Commission that there maybe be a broader interest in vacating the entire width of the frontage to create a consistent right of way width. Ultimately, they forwarded the applicants request which is what is before you tonight for 57 square feet. They included in a separate motion to consider vacating the entire frontage, but we don't currently have a legal description for that. Tanya Mims, First National Bank of NWA 3553 Steele Boulevard applicant, stated our builder, architect and engineer did not realize when they submitted the plan with the monument sign on it that there was a separate approval process for the sign ordinance. They thought that since it was on the plan that meant they were approved to place it there. They went ahead and poured a concrete slab in the front for it. When they found out we temporarily considered not doing one, but we found people are not seeing the building because it doesn't look like a traditional bank branch and people keep passing it. We found that we really do need a monument sign. Council Member Hertzberg made a motion to amend and adopt the revised Exhibit A. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 6, 2021 Page 14 of 16 Council Member Petty moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Petty 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 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6455 as Recorded in the office of the City Clerk Amend §178.02 Sidewalk Cafes: An ordinance to amend § 178.02 Sidewalk Cafes to streamline and make permanent the sidewalk cafe and parklet development processes for use by restaurants, bars, performance venues, and other businesses. Assistant City Attorney Blake Pennington read the ordinance. Mary McGetrick, Long Range Planning/Special Projects Manager presented a brief presentation regarding the ordinance. She stated parklets can be anything, they can be used for a temporary event or they can be long term investment for local business owners to offer a novel way for patrons to gather. She stated she hopes this ordinance can provide guidance and reassurance to business owners that the City is invested and maintaining a vibrant and lively downtown. Council Member Turk: Are the parklets only allowed in the Entertainment District? Mary McGetrick: No, they would be allowed anywhere that there is paid city parking. Council Member Turk: I appreciate you making sure ADA design standards are met. I have had some complaints, not in downtown but in other areas of the city where there were issues that were non-ADA compliant. The examples you have presented are in the core of the city, can we anticipate monitoring to ensure further ADA compliance in the future? Mary McGetrick: Absolutely, the ordinance the way that it is presented and written allows for City staff to regularly inspect the parklets. I do that anyway; I have gone and visited these parklets multiple times to make sure they are being maintained properly and the ADA access is still available. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 15 of 16 Council Member Turk stated that is great news. Thank you. Jerry Davis, 339 W. Avenue, General Manager for 21 st Amendment West End, Los Bobos, Rogers Rec stated he hopes Council votes in favor of the ordinance. He stated they have seen an increase in business and seen the parklet is a great attraction to Dickson Street. During business hours with the ORA in place it allows for people to be able to go outside and have somewhere to sit. He stated he is on Dickson Street all the time and even when the business is not open people are still utilizing the parklet. It is not limited to when business hours are open. Anyone can use the parklet it is for everyone. We make sure we keep it clean, keep the repairs and everything done. He stated he wanted to let Council know this is an amazing thing. Zane Chenault, 2894 E. Picasso Place stated he is speaking on behalf of the Fayetteville Chamber of Commerce and stated they are in support of the ordinance. He stated the parklets are a great place to sit, relax and enjoy the City. It's a great place to be outdoors and not cooped up inside. This creates outdoor space that we would not otherwise get to have due to some of the narrow sidewalks that we have in certain areas. He stated these are common across the country and we are excited to see this opportunity for our local businesses. He stated they believe it will expand their opportunity to generate revenue and sales tax for the city and as an attraction for people to live in Fayetteville. We live by the motto of work, live, play and this is part of the live and play. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Council Member Gutierrez stated she wanted to thank Mr. Davis for coming and speaking about his parklet and letting Council know all the positive things. She stated she didn't realize people would hang out there when he is closed, and he is fine with it. She stated she can see this would really enhance as we go toward the Cultural Art Corridor. It's great that it is enhancing and expanding places for businesses. She stated she would support it. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member. Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Kinion, Petty, Bunch, Turk, Hertzberg, Gutierrez, and Jones voting yes. Council Member Scroggin was absent. Ordinance 6456 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 6, 2021 Page 16 of 16 Announcements: Susan Norton, Chief of Staff stated the Dive in Movie series begins at Wilson Park Pool on July 23, 2021, all details are on the website. She invited City Council Members and the public to join in the celebration of Connie Edmonston's 35 years of service to the City of Fayetteville Thursday, July 8, 2021 at the Town Center. It is a drop in from 1:30-3:30 PM. She stated Connie has not only been with the City for 35 years, she served the last 23 years as the Parks Director and we appreciate her service and all her contributions to the city. Mayor Lioneld Jordan: I would highly encourage people to get out and get their COVID 19 vaccinations. The Delta variant is upon us now and it is time for everyone to take action. The best way to take action is to get the vaccination. It protects you and everybody else. I want to remind the Council and the public that we have a Fayetteville special election set for August 1 Oth. The election will determine whether the 1 % Sales and Use Tax is extended for another 10 years. I can't emphasize enough how important the extension is for the city operations. Without it we would see major cuts to services through out the City. Early voting begins at the County Court house on August 3`d and runs through August 9th. You can find a list of voting centers open on August 1 Oth at the Washington County Election Commission website. Council Members I hope and ask you to support this extension and encourage people to get out and vote for this very special tax extension. City Council Agenda Session Presentations: Agenda Session Presentation - Sales Tax Report by Paul Becker and Energy Report by Peter Nierengarten GOER K �1111111I� CITY FAYc Kara Paxton, City Clerk Treater EV�<<f 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov