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HomeMy WebLinkAbout2021-07-20 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position I Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting July 20, 2021 City Council Meeting Minutes July 20, 2021 Page 1 of 13 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 20, 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, Sloan Scroggin, Teresa Turk, Holly Hertzberg, City Attorney Kit Williams, 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. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: 2020 Comprehensive Annual Financial Report - Paul Becker Paul Becker, Chief Financial Officer presented the 2020 Comprehensive Annual Report, which is statutorily required. He spoke briefly about what was included in the report. He stated 2020 was a good and positive year for the City of Fayetteville, even though we faced the Coronavirus. He stated there were no material weaknesses and no significant deficiencies. He spoke about the 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 2 of 13 compliance report. He stated all the filings have been completed with the Federal government and State. He stated the report is posted to the City of Fayetteville website for viewing. Agenda Additions: None Consent: Approval of the July 6, 2021 City Council meeting minutes. APPROVED Olsson Associates, Inc. Amendment #2 - 2019 Transportation Bond Project: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Olsson, Inc. in the amount of $115,164.00 for the design of the Midtown Corridor Project, and to approve a budget adjustment - 2019 Transportation Bond Project. Resolution 188-21 as recorded in the office of the City Clerk Burns & McDonnell Engineering Company, Inc. - 2019 Street Improvement Bond Project: A resolution to authorize a Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc., pursuant to RFQ #21-01 Selection #11, for the design of the Millsap Street and College Avenue project in the amount of $300,000.00, to authorize the Mayor to acquire the necessary easements and right-of-way for the project, and to approve a budget adjustment - 2019 Street Improvement Bond Project. Resolution 189-21 as recorded in the office of the City Clerk YRCC Land Purchase: A resolution to approve a Land Sale Agreement between the City of Fayetteville and the heirs of Bobby York for the city to purchase about 0.3 acres of land located on Mountain Street near the Yvonne Richardson Community Center for the amount of $75,000.00 plus closing costs, and to approve a budget adjustment. Resolution 190-21 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. 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. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 3 of 13 At the June 1 Sth, 2021 City Council meeting this item was left on the First Reading. At the July 6, 2021 City Council meeting this item was left on the Second Reading. Council Member Scroggin 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 unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The applicant is going to present a Bill of Assurance that the City Council has already seen. We will need to amend the ordinance to say, subject to the Bill of Assurance. Jonathan Curth, Development Services Director stated he had no new updates. He gave a brief summary of the Bill of Assurance. There was a brief procedural conversation on how to add the amendment. Council Member Gutierrez moved to amend the ordinance to add the Bill of Assurance. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Robert Rhoads, Hall Estill Law Firm representing the applicant gave a brief description of the project and Bill of Assurance. Council Member Scroggin: I wasn't on City Council when we did a lot of the form based zones. I know what the goals were there, especially along Rupple Road. One of the things in looking back is that we messed up in allowing people to do mixed use, but we didn't require it. So, all that's been done there is houses, which is why we have a traffic problem in West Fayetteville. I don't think we have a zone that requires mixed use. I don't know if we've got a Bill of Assurance before. If we want mixed use, it needs to be codified, because it doesn't happen unless it's codified. I will be in support of this. Council Member Kinion: I support this. The developer has gone to far extremes to be sure this gets rezoned so they can build the property the way that they want it filled. I certainly appreciate that. I was on City Council when we started form based and I think that always with any code, you have to evaluate and re-evaluate because things change. In this case, it was handled exactly right with working with the developer. We have the Bill of Assurance. There's no reason we would not support it even with the elements we have assured. Council Member Turk: This has been kind of a tough one for me. I appreciate the developer listening to people and creating the Bill of Assurance for us. They have been phenomenally responsive. However, I went back over there and drove around again. I just feel like it's too dense and there is a leap frogging that's going on. I will not be able to support this. I appreciate what the developer has gone through and tried to accommodate some of our concerns. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 4 of 13 Council Member Hertzberg moved to table the ordinance. Council Member Turk seconded the motion. Upon roll call the motion failed 3-5. Council Members Turk, Hertzberg and Kinion voting yes. Council Members Petty, Scroggin, Bunch, Gutierrez, and Jones voting no. Council Member Kinion: I voted to support the position of the Ward 4 Council Members on this. I think it's a good compromise and one that I will support. I respect Ward 4 looking out for their constituency. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-2. Council Members Petty, Scroggin, Bunch, Gutierrez, Jones, and Kinion voting yes. Council members Turk and Hertzberg voting no. Ordinance 6457 as Recorded in the office of the City Clerk New Business: Sign -On Awards Package For New Law Enforcement Officers: A resolution to approve a hiring incentive program for new law enforcement officers, and to approve a budget adjustment. Mike Reynolds, Chief of Police gave a brief description of the resolution. He stated the death of Officer Carr, death of Officer Apple in Pea Ridge, injury to Tyler Frank's in Prairie Grove, the COVID-19 pandemic, increased workload and violence has created some recruitment challenges for the Police Department. He spoke about rising violent crimes statistics. He stated this is not just a local problem, violence is a nationwide problem. He stated property crime is up also. He spoke about assaults against Fayetteville Police Officers being on the rise. He stated the morale within the rank and file and the interest in the law enforcement profession has diminished. He stated recruitment and retention is an evolving crisis for him as the Police Chief and for Police Chiefs throughout the nation. He stated recruiting deficits are strained on our workforce and it can cause burnout. He stated turnover is at an all-time high for our Police Department. He stated 13 officers have left the Fayetteville Police Department within the first seven months of this year, which is about 10% of his workforce. He stated he has seven openings and four more that are potentially leaving the Police Department for other jobs. He stated he has four that are in the Police Academy and are scheduled to graduate Thursday. He stated he has four waiting to attend the Police Academy, which will be begin in August. He stated he has one that's on a yearlong military deployment and three are on FMLA, which he is currently without 15% of his workforce. He stated in 2021 there has been a 63% decrease in officer applications. He stated I am seeking approval to implement signing bonuses for newly hired officers for the upcoming test, which is scheduled for August 21, 2021 with an application deadline of August 13, 2021. He is proposing a $5,000 bonus for newly hired officers and $10,000 bonus for certified officers. He spoke about the installment schedule of the qualifying candidates. He spoke about nation workforce data. He stated there was an 18% overall increase in resignations from 2019 through year to date. He stated there was a 45% overall increase in retirements from 2019 to year to date. He stated Police Departments across the country are experiencing about a 50% decline in applicants. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 5 of 13 Council Member Scroggin: I plan on supporting this. We have to get the best cops. I plan on bringing forward a Trails Cop request for another officer. I've got people that say they won't take their family to our parks and trails. We've got to get that fixed. It seems like everything that the Police Force is bringing forward, has to be voted on the night it's brought to us. Most other departments usually go through more of the readings, if it's a controversial issue than the Police Force. I understand the urgency now, but in the future, I would like to get these and actually read them two or three times, instead of, we got to do it now or it's gone. Council Member Bunch: Chief, the reason we are getting this right now is because you've got testing coming up in August. What is that exactly? Mike Reynolds, Chief of Police: Typically, we try to test three times a year. They coincide with the three academies that occurs. We try to test in December to prepare us for February Police Academy. In April, to prepare us for a May Police Academy and then in August to prepare us for that Police Academy as well. The sense of urgency was when we saw this occur in April, we saw that we only had nine certified applicants. I tried to do an emergency test to see if we could increase our applicants and we had 10 certified applicants through the emergency test last month. I've talked to the Mayor and HR Director and we're trying to think outside the box to increase our applicant pool to maintain the professional Police Officers that we've come to employ. We are in an evolving dynamic crisis. Council Member Turk: There was an article in the paper about how Fayetteville was losing Police Officers. In contrasting that, I believe Bentonville and Rogers are losing less Police Officers to other outside forces. Do you have any kind of idea what may be going on here? Why are they able to retain their officers and we haven't been able to do so? Mike Reynolds, Chief of Police: We did a really good job up until December of this year and that's when we saw the first officer that exited. All of those other agencies are experiencing the same thing that we experienced, with the exception of a death of an officer. I think that has taken an emotional toll on our officers and a psychological toll as well. There's usually a time period, we call it when the bag pipes stop playing and where do you go from there. You've heard me talk about the number of officers we have per thousand here in Fayetteville. At 1.49 compared to the other 11 largest cities in Arkansas that average 2.27. You couple that with being overworked as well. Council Member Bunch: Of the cities in Northwest Arkansas, what city has less Police Officers than we do? Mike Reynolds, Chief of Police: Bentonville. Council Member Bunch: Maybe Bella Vista? Mike Reynolds, Chief of Police: Yes. They have less population. Rogers, does as well. Springdale is the only Northwest Arkansas city that has more Police Officers than us. In the River Valley, it would be Fort Smith. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 6 of 13 Council Member Turk: Do you mean, per capita or total numbers? Mike Reynolds, Chief of Police: I mean total numbers. When you look at the Springdale Police Department, they are 152 and Fort Smith is 160. I think Rogers is around 120. Council Member Turk: Per capita, with all the other Northwest Arkansas cities, we are still the lowest? Mike Reynolds, Chief of Police: We are dead last. The City Council received 5 public comments regarding this resolution. Council Member Kinion: We've heard tonight, why Fayetteville might be facing a tougher situation from other municipalities. If you have one of your fellow officers assassinated, it's going to be a serious effect on the department as a whole. It has been mentioned that maybe it's the facilities. We are working on this by having new facilities planned and I think that is a lot of it. I don't believe Springdale, Rogers or Bentonville Police are working out of a JC Penney store. That's exactly what this was built for. We have to respect the situation that our Police Officers face here in Fayetteville and the emotional trauma that was placed on them because of the events of the year. It was a lot of events this year and called out our Police Officers. Fayetteville has some of the finest Police Officers, anywhere. The leadership is exceptional. It's other factors that have led to our recruitment and retention situation. Coming from the business area, I'm having a hard time filling jobs at our business and the first thing you do is offer a signing bonus. It sets you apart from the other similar industries. It shows we care enough that we're going to finance that and we're going to invest in them. They will have an investment in Fayetteville because they have three years that they've committed too. Every element associated with this signing bonus should be supported by City Council. This is for the safety and protection of the community. They are not just Police Officers; they are Peace Officers. I will support this. Council Member Jones stated during the pandemic, the Black Lives Matter movement, there's been a surge in crime. He stated there's been political unrest and minimal staff with the Police Department. He stated the Police Department has continued to protect and serve the entire Fayetteville community. He stated the numbers are alarming that Chief Reynolds spoke about. He spoke about safety and security for all citizens. He stated we must support our Chief and the FPD as it relates to attracting and hiring the best officers to keep Fayetteville safe. He stated the FPD has done an amazing job as it relates to outreach to marginalized communities. He spoke about the partnerships that the FPD participates in. He stated crime, for various reasons continues to increase. He stated this is a crisis and if we wait any longer, we continue to compromise the health and safety of residents. He spoke in favor of the resolution. Council Member Hertzberg stated she would like to speak with citizen, Sarah Moore, as she has good ideas. She stated she doesn't think taking money from the General Fund and reverting that from the Police Department is the answer. She stated there are some other monies available to address concerns. She spoke in support of Chief Reynolds and FPD. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 7 of 13 Council Member Petty stated he will support the resolution for the reason if we're going to hire Police Officers, we should hire the best. He stated it's obvious we're having a hiring challenge. He spoke about the officers per thousand statistic and Fayetteville's comparison to other cities. He stated our crime rates may be up year to year, but in the long term when we think about a better society, don't we want to have a high quality of life, with a lower need to hire Cops. He stated our number is maybe too low, but it shouldn't be the same as these other cities, because we are making other investments in the way people live, and the resources they have. He stated when we talk about that in the future, he wants to talk about our officers, per violent crime. Council Member Scroggin stated with the rate, there's a lot of things that are correlated. He spoke about education and with the University, you are hopefully going to need less Police Officers. He stated people that have higher education, generally commit crimes at a lower rate. He stated we need to find out what that number is and strive for our number and not strive for other people's number. Council Member Bunch stated she is in support of the resolution. She spoke about being impressed with the Fayetteville Police Department and how they handle crime, ball games, and such. She stated we have a different dynamic that drives what happens in our city than the other cities in the area. She spoke about Fayetteville not having a sobering center. Mike Reynolds, Chief of Police: There was some recent legislation that was passed to allow for sobering centers. Sobering centers are newly discussed in Arkansas. Those are separate from Police Departments but are supported by Police Departments. We didn't plan for one in our new Police Facility. In our new Police Facility will be a booking facility. Being able to book in people and book out people, so they wouldn't have to be incarcerated for minor crimes. We've had discussions about sobering centers, and we are supportive of those. It's a bigger discussion we would need to have on a larger scale. Council Member Bunch: Put that on my list of things we need to discuss. I am still impressed with what we do with the officers that we have here. We need to support them. Right now, we have a shortage of officers and maybe this is what we need to do at the moment to get more officers. Council Member Gutierrez spoke about her experience with FPD. She stated she cannot imagine having one fewer person as your backup. She stated that is concerning to her. She stated it's been an unprecedented year and we have to make unprecedented moves to take care of this situation. She spoke about the existing officers having to pick up the slack for the new ones who are trying to learn the job. She spoke about retaining existing officers. She spoke in favor of the resolution. Council Member Turk: I want to clarify why I think that low 1.49 per thousand capita number is really important and why it sets us apart. Yes, we want a low number, but what it also indicates is that when we are in a crisis, when we've had a loss of officers not staying with the Police Force or not having enough applicants, is that it demonstrates a lack of redundancy and lack of resiliency within our system. We need to do everything we can to support our Police Department and to attract the best and those that will stay. I will definitely be supporting this. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 8 of 13 Mayor Jordan: I certainly support this. I am directly in charge of the Fire Department and Police. Department. Every Monday morning, I meet with both Chiefs and look at these numbers. I began to see the rise in violent crimes and property crimes, and then to begin to look at not being able to have an Officer respond to an incident. That's concerning for a Mayor. There's a lot of stuff we need to be working on. We are working on funding for the CSU. There's lots of things we can be working on, but right now we are shy seven officers and the Chief is talking about possibly losing 11. A beat is nine. That's a minimum, which means you are taking a beat out of the city. When the staff brings something, the Mayor's in favor of it or they wouldn't be bringing it. I support the Chief. Officers are being attacked. I've never seen that before, but it is starting to happen. As a Mayor, you're going to address that. This goes beyond politics. It's about keeping everybody safe and keeping our officers safe. I lost an officer. That is something not anybody should ever have to go through. In the last year and a half, we've seen two officers die and another officer lose a leg in the line of duty. I do not want the Police Department understaffed. We saw 130 people applying for Police positions about two years ago, then we see 17 now and trying to fill seven positions with the very best. I believe we have the very best trained Police Department in this state. I want us to continue to have the best of the best. Council Member Bunch moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 191-21 as recorded in the office of the City Clerk Whiting Systems, Inc.: An ordinance to waive competitive bidding and approve the purchase of car wash chemicals from the supplier Whiting Systems, Inc. in various quantities through March 16, 2024. City Attorney Kit Williams read the ordinance. Sara Glenn, Fleet Operations Superintendent gave a brief description of the ordinance. 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 Scroggin 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 6458 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 20, 2021 Page 9 of 13 Amend §157.03 Annexation and Zoning Map Amendments: An ordinance to amend §157.03 Annexation and Zoning Map Amendments to require public notification of Planning Commission denials of rezoning requests if appealed to the City Council. City Attorney Kit Williams read the ordinance. Council Member Scroggin gave a brief description of the ordinance. He stated prior to this, if Planning Commission were to deny rezoning, annexation or many other items, the applicant can come to us without any more public notice. He stated you could have residents believe that something got turned down by Planning Commission and that's kind of the end of it, and if we approve it, they can be surprised to learn there was an appeal and it was overturned. He stated this will fix that loophole. He spoke about the need of more housing and being transparent. Jonathan Curth, Development Services Director: Based on Council Member Scroggin's comment, I want to make sure it's clear that the amendment as proposed, is just for rezoning and not annexations. This is not being approved currently with an Emergency Clause. I know that's your discretion, but we did get an appeal for three rezonings today and this would not affect those. If the Council was interested in ensuring the next three appeals they see are advertised, this would need to be approved with an Emergency Clause. Council Member Scroggin: If they've already filed the paperwork, I don't like changing the rules in the middle of the game. I would not like an Emergency Clause if they've already filed. Council Member Turk: I would like to amend the ordinance to include the Emergency provision. We've had a lot of these lately where the applicants appealed something to the City Council when they've been denied by the Planning Commission. Even though we had three today, and this is not on the books, we discussed it the last couple of weeks. It's important we notify our citizens as best as possible. I commend Council Member Scroggin for bringing this forward. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: Any appeal in effect, no matter what kind of clause you might put on it, is not going to be under this ordinance. If an applicant has already filed the appeal with the City Clerk, then, obviously this is not going to change their requirements, because it is something that they would do as part of the appeal. The reason I think Council Member Scroggin didn't ask for this and I did not suggest it, is because we are changing a policy that's been there for 30 years. It's hard to say that all of a sudden, it's an emergency for the peace, health and safety of our citizens that we must make it effective immediately. This is a procedural change that should happen without a doubt, but it's up to you. If the City Council wants to have an Emergency Clause, I will put one on it. Council Member Turk: I've only been on Council two and a half years, but it seems like we've had a lot of these appeals from folks that have been denied at the Planning Commission. If that's 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 10 of 13 not the case and this has gone on typically over the last 30 years and we've had about the same amount of these kinds of appeals, then I would agree it's not an emergency. I would like somebody to provide a perspective on that. I'd like a little history that if this is the regular amount of appeals we've had with the Planning Commission denial over the years, then I agree there's no emergency, but it seems like there's been a whole lot and the public needs to be informed. Mayor Jordan: It would seem to me that we've seen a little bit of an increase on appeals on the Planning Commission decisions in the last year or so. Jonathan Curth: I did some research on about how many appeals have come forward. I went back to 2017. So far this year we've seen six. Last year there were 12. In 2019 there were 4. In 2018 there were five and in 2017 there were three. That's a small sample size, but certainly last year was irregular amongst that group. There was a brief conversation about the amount of appeals over the years. Council Member Turk: I will withdraw the Emergency Clause. If we approve it tonight, it'll go into effect in 30 days. Council Member Turk moved to amend the ordinance to add an Emergency Clause. She then withdrew her motion. Council Member Scroggin 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6459 as Recorded in the office of the City Clerk Amend Chapter 173 Building Regulations: An ordinance to amend Chapter 173 Building Regulations of the Fayetteville Unified Development Code to align the city's building regulations with building codes adopted by the State of Arkansas; to authorize prosecution of violations of § 173.08 Unsafe Buildings and Property Nuisances; and to adopt the International Property Maintenance Code. City Attorney Kit Williams read the ordinance. Dennis Sanders, Building Safety Director gave a brief description of the ordinance. He stated these changes are a continued process that were started in 2019 with cleaning up their section of the code. He stated they want to do away with some redundancy and be more aligned with the state and national building codes. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 20, 2021 Page 11 of 13 Robin Williams, Citizen spoke about his concerns and is in opposition of the ordinance. Dennis Sanders: We are not out to pick on anybody. Dilapidated rentals and things like that could be in violation. This is to keep the public safe with houses that are falling apart, and landlords who are not repairing things. These are complaint driven. We don't just drive around and start picking on people. Every matter is under investigation and taken into consideration. A lot of the things that are in the Property Maintenance Code are already in our section. The Property Maintenance Code is just the updated version of the housing code and we are under the 1997 housing code, which is no more. We need a code to replace that code. Council Member Scroggin: What peer cities are using that Property Maintenance Code? Dennis Sanders: Fort Smith is using it. The State of Arkansas has adopted it. They are under the 2012. I believe Little Rock is using it. I think the other cities around us are still using the housing code. Council Member Scroggin: There are cities in Arkansas, including Arkansas who have adopted that, and we didn't have chaos? Dennis Sanders: No, sir. Council Member Kinion: Are we having a problem with what we currently have, or is this simply an effort to update to a new revised addition? Dennis Sanders: The problem is the enforcement. The code we are currently under now, we haven't been able to enforce it correctly. That's why we are making these adjustments. The old code is also so far out of date. The new code addresses a lot of things we are running into issues with. Council Member Kinion: I would like to not take this to the next reading so that there is time to compare the two. I don't know what the differences are. It's our responsibility to know what we are doing. Mayor Jordan: That is fair enough. We will work on it and get some answers. There was a brief conversation about what Council was needing for comparison of the codes. Mayor Jordan: What other questions would you all like answered on this? Do you want a presentation? Council Member Kinion: I do not need a presentation. I need a chart and maybe some highlights and then I can look at it on my own time. Council Member Turk: I would like a presentation at the Agenda Session. It would be really helpful. I would like staff to find out if Little Rock or Fort Smith have had any challenges with implementing this. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes July 20, 2021 Page 12 of 13 This ordinance was left on the First Reading. ADM-2021-052: (325 N. West Avenue, City of Fayetteville Parking Deck): A resolution pursuant to §166.04(B)(3) of the Fayetteville Unified Development Code to approve the request to not dedicate additional right of way along West Avenue for the Parking Deck Project. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated the project was submitted for development review recently to the Development Services Department. He stated among the items that came up during development review was a standard comment, which is that right of way dedication is required for our Master Street Plan and instances where right of way doesn't meet the Master Street Plan width for a street, we require additional right of way to match that. He stated about two and a half feet of right of way dedication are required, along West Avenue, .which would push the site, about two and a half feet to the West, which on a lot of properties may not sound like a lot, but this is Downtown and it's very tight. He stated the authority to accept the lesser or no right of way dedication is reserved to the City Council. He stated those requests come through the Planning Commission, which this one did, and they recommended in favor of it. He spoke about the aesthetics and streetscape. He stated staff and the Planning Commission recommends approval. Council Member Scroggin: You feel this was kind of going to come a year ago and was not like a revision to the deck plans? This was somewhat expected? Jonathan Curth: I don't know that it was expected. This is not often the kind of thing that comes up at a conceptual level development. Staff doesn't usually get into that level of review. We were invited into some of the early conversations with the deck design. There was a conversation about the colonnade and their allowances for those to encroach into right of way, but we did not get to the level of right of way dedication at that point. Council Member Turk: Is this only for West or is it also for Dickson and the adjoining property on the bike trail? Jonathan Curth: Because it is an overall property right now, the right of way dedication would be required elsewhere. The Master Street Plan has allowances built into it, to reduce the amount of right of way required, particularly in the Downtown area. That was built into our Master Street Plan to address context. Some of our existing right of ways Downtown are very narrow and we don't want to require right of way like we'would on College. It's not required on Dickon. The street is built out to the design the city intended and the right of way is already there. Council Member Turk: What about the property that's next to the bike trail? The one that's on the western side of your map. Jonathan Curth: That is currently railroad right of way. Our UDC does not have an associated Master Street Plan right of way dedication requirement for the railroad. It's just with public streets. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayettevilie-ar.gov City Council Meeting Minutes July 20, 2021 Page 13 of 13 Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 192-21 as recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff. Everyone is welcome to come celebrate with us at the 14th Annual CDBG in the Park on July 30, 2021 at 10:30 am until l 1:30 am. It will be at the Walker Park Main Pavilion. The event is free, and it will feature all of the different investments in our community that are made possible through the Community Development Block Grant fund. There will be other city projects there for people to engage with. There will be lunch, refreshments and city folks to help people understand what kind of community resources are available to them. Mayor Jordan: I want to remind everyone that the City of Fayetteville has a Special Election set for August 10, 2021. Early voting will start on August 3, 2021. This election will determine whether we extend an existing one cent sales and use tax for another 10 years. This is a really important election for maintaining city operations. Without it, we would see major cuts to services throughout city, to the tune of $22.5 million, which is $9 million dollars out of the CIP and $13.5 million dollars out of Operations. I ask the public to support this. Today, active COVID-19 cases in Arkansas are 10,500. Washington County cases are 626. Those that have been vaccinated in Washington County is about 41%. Arkansas COVID deaths this month, has been 98 across the state. 99% of the COVID cases we see right now are unvaccinated people. Vaccines are important. They are safe, free and available to everybody. For those of you that have been vaccinated, please talk with your un-vaccinated loved ones, friends and neighbors. City Council Agenda Session Presentations: None Adiournment: 7:32 PM Kara Paxton, v. op YEVILLE ; �= i���NG /CN1C000' 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov