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HomeMy WebLinkAbout2021-08-03 - Minutes -Council Member Sonia Gutierrez Ward I Position I Council Member D'Andre Jones 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 August 3, 2021 City Council Meeting Minutes August 3, 2021 Page 1 of 15 Council Member Sloan Scroggin Ward 3 Position Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position I Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 3, 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, Deputy City Clerk Lisa Branson, 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. Some City Council Members joined the meeting via online using a video conferencing service called Zoom. Council Member Turk was absent during Roll Call. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: NominatinE Committee Report Council Member Bunch: The Fayetteville Housing Authority had their selected nominee. Normally that falls in line when we have our regular Nominating Committee meeting. This time it did not and we had a special meeting to interview that applicant. The Nominating Committee voted unanimously to support the applicant Kristifier Paxton. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 2 of 15 Council Member Scroggin moved to approve the Nominating Committee Report. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Hertzberg, Gutierrez, Jones, Kinion, and Petty voting yes. Council Member Turk was absent during the vote. 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 once again, the General Fund was very strong. He stated sales taxes for the month of May, collected in June was up 19%. He stated he is very pleased with operations for the first six months of 2021. He stated the city is doing very well and showing a lot of strength. He stated we are going to see some volatility, but right now we are in a very strong position going forward. Agenda Additions: Special Session -Mask Mandate: A resolution to request that Governor Hutchinson include within his call for a Special Session the historic and necessary authority of local governments to protect the health and safety of their citizens through an Amendment of Act 1002 of 2021. Council Member Bunch moved to add the Special Session -Mask Mandate to the agenda. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the resolution. Mayor Jordan: I had Kit draw this up last week. The Governor has called for a Special Session, beginning tomorrow. There was nothing about any discussion on local control. I wanted to bring this resolution to the City Council, because I believe we need to have local control in our city. This does accompany a letter I sent to the Governor on July 19th requesting a special session to give us back our local control. The City Council received one public comment regarding this resolution. Council Member Hertzberg: I'm not going to be able to support this. If this passes, there is still going to be an issue with enforcement. This puts businesses in a really difficult spot. If we don't have an ordinance that we can enforce, it undermines the city's authority. Council Member Scroggin: Is this requiring us to do anything and is it saying we want the right to discuss this? Correct? Mayor Jordan: All it is saying is we want local control back to make decisions we need to make, just like we did last year. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 3, 2021 Page 3 of 15 Council Member Turk: Things have changed dramatically in the last month or so. I applaud your efforts to bring this forward. We do need to have local control. Every community is different, and the legislature overstepped their authority last spring. I hope folks will support this and allow us to make our own decisions, based on our own situation here. Council Member Gutierrez moved to approve the resolution. Council Member Jones seconded the motion. Upon roll call the resolution passed 7-1. Council Members Scroggin, Bunch, Turk, Gutierrez, Jones, Kinion and Petty voting yes. Council Member Hertzberg voting no. Resolution 193-21 as recorded in the office of the City Clerk Consent: Approval of the July 20, 2021 City Council meeting minutes. APPROVED Osher Lifelong Learning Institute: A resolution to approve a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct classes from August 1, 2021 through December 31, 2021, in the amount of $25.00 for each day the space is used. Resolution 194-21 as recorded in the office of the City Clerk RFQ 20-01 Trekk Design Group, LLC: A resolution to authorize a contract with Trekk Design Group, LLC, pursuant to RFQ 20-01, to provide professional services related to the Lucity Asset Management and Work Order System in an amount not to exceed $25,000.00 for the remainder of 2021. Resolution 195-21 as recorded in the office of the City Clerk Dickson Street Central Improvement District #1 Amendment #2: A resolution to approve Amendment #2 to the Lease Agreement with Dickson Street Central Improvement District #1 for management of the 55 parking spaces in the Gregg Avenue Parking Lot for a term of one year with automatic renewals for up to five additional one year terms. Resolution 196-21 as recorded in the office of the City Clerk Bid # 21-54 KAJACS Contractors, Inc.: A resolution to award Bid #21-54 and authorize a contract with KAJACS Contractors, Inc. in the amount of $3,479,500.00 for the construction of approximately 10,835 linear feet of waterlines in various locations, and to approve a project contingency in the amount of $347,950.00. Resolution 197-21 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 August 3, 2021 Page 4 of 15 JCI Industries, Inc.: A resolution to accept a quote in the amount of $21,590.50 plus applicable taxes and freight charges from JCI Industries, Inc. for the repair of an aerator at the Noland Water Resource Recovery Facility. Resolution 198-21 as recorded in the office of the City Clerk Bid #21-56 Maguire Iron, Inc.: A resolution to award Bid #21-56 and authorize a contract with Maguire Iron, Inc. in the amount of $153,000.00 for the painting and rehabilitation of the Round Mountain water standpipe, and to approve a project contingency in the amount of $15,300.00. Resolution 199-21 as recorded in the office of the City Clerk RFQ #21-01 Selection #14 Olsson, Inc.: A resolution to approve a Professional Engineering Services Agreement with Olsson, Inc., pursuant to RFQ #21-01 Selection # 14, in an amount not to exceed $107,000.00 for design and other services related to the rehabilitation of the Markham Hill Water Storage Tank. Resolution 200-21 as recorded in the office of the City Clerk Bid #21-61 48Forty Solutions, LLC: A resolution to award Bid #21-61 and authorize a contract with 48Forty Solutions, LLC for pallet removal and recycling for the price of $2.50 per pallet for a term of one year with the option to renew for up to four additional one year terms. Resolution 201-21 as recorded in the office of the City Clerk 2022 Budget to Patrol the City Trails: A resolution to express the intent of the City Council to add a full time Police Officer to the 2022 budget to patrol the city trails. Resolution 202-21 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. At the July 20, 2021 City Council meeting, this ordinance was left on the First Reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 3, 2021 Page 5 of 15 Scroggin, Bunch, Turk, Hertzberg, Gutierrez, Jones and Kinion voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: On the ordinance itself, I have suggested and presented to the City Council at the Agenda Session. I sent another copy of my proposed amendment of Section 5 of this ordinance to them. I would ask if that is satisfactory to the City Council if we go ahead and amend Section 5 now, before we get into the rest of the ordinance. Mayor Jordan: Has everybody read the amendment? City Attorney Kit Williams: I've sent it out twice. I talked about it at the Agenda Session. Council Member Scroggin moved to amend the ordinance as described and recommended by City Attorney Kit Williams. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Dennis Sanders, Building Safety Director stated he was available for questions. Council Member Turk: I want to reaffirm our conversation we had at the Agenda Session that passing this ordinance would not increase fines or any kind of other violations you're seeing. It's only to bring the city in compliance with the State of Arkansas regulation. Is that correct? Dennis Sanders: Yes, that is correct. We already enforce the violations now through our city ordinance. We are just trying to update the code that is out of date. Council Member Turk: I was asked by Mr. Williams, a constituent of Ward 4 to hold this if we could because he's not able to attend tonight. He had other engagements that he was not able to change. It doesn't seem there's a reason for urgency on this ordinance. I would ask the City Council to at least hold it and not have a final reading of it tonight, if possible. Council Member Hertzberg: I would also be in favor of that. I'd like to hear from Mr. Williams. Council Member Bunch: I would rather go ahead and vote on it tonight. Council Member Petty: Me too. Council Member Scroggin: I know government is slow, by design, but he should have emailed us. Kit, are you okay with what's in front of us right now? Do you have any reservations about this? If Kit has reservations, I would definitely hold it for two weeks. City Attorney Kit Williams: I don't have any reservations at this point in time. I appreciate you all amending some of the things I thought were probably not advisable. Since you have amended it, I have no further comments that I think anything else needs to be changed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 6 of 15 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 6460 as Recorded in the office of the City Clerk New Business: RZN-2021-054: (111 & 115 S. West Ave./Jensen-Ostner): An ordinance to rezone that property described in rezoning petition RZN 21-054 located at I I I and 115 South West Avenue for approximately 0.31 acres from NC, Neighborhood Conservation to MSC, Main Street Center. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff felt the request was very consistent with the city's aspirations for not just infill development but setting the groundwork for complete neighborhoods and also complementing our future land use map, which designates this property as a city neighborhood area. He stated staff feels it's a very appropriate place for additional density and the potential for more services as well. He stated staff finds that the changing context represents a compatibility in terms of land use as well. He stated there is a very distinct difference in building height allowances between two zoning districts. He stated while this initially appears to promote an irredeemable in compatibility with some of the existing homes on the street, we feel this shouldn't stop the Council from considering this request favorably. He stated staff is recommending in favor and the Planning Commission agreed by a vote of six to one. He stated there has been no public comments on the request. Alan Ostner, 312 South Block, Applicant gave a brief history of the area. He spoke about the housing crisis. He spoke about economic opportunity. Council Member Gutierrez: We've got the canopy going from 10% to 20%. The current zoning is 20% and then the next requirement is 10% if we approve this. I know your personal position on retaining canopy, but do you think you can try to go more towards 20%? Alan Ostner: I guess I don't fully know how that works. Council Member Gutierrez: You may not because your plans aren't really set, so you don't know yet. Alan Ostner: Right. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 7 of 15 Council Member Gutierrez: That may be something we need to talk about more. That's a concern for me. With it being in the Cultural Arts Corridor it would be great to see some live work for artists. In terms of seeing five to seven stories, that seems potentially pretty tall. It would be great if it could be housing. Molly Jensen, Co -Owner of Property stated the discussions we've had have all revolved around workspace below and housing above. She stated we've completely eliminated non -natives in our yard. She stated any elimination of the canopy would be for non -natives, which is a huge amount. She stated we can't speak to what the future would hold, but we've shown we are responsible citizens. She stated she thinks she would lean towards more canopy. Council Member Gutierrez: If there's any possible way in your plans that you could. The ordinances say you could go down as low as 10% but would love to see as much preserved as possible. Council Member Turk: In the permitted uses between Main Street Center and between the current Neighborhood Conservation where its right now, it seems like they're extremely similar. Many of the differences seem to be height and there's a couple of conditional uses. Could you speak to why you feel that you need to have a different zoning? Alan Ostner: The way it was explained to us is about massing and square footage. I know it seems similar on Neighborhood Conservation. There are a couple of uses by right that I believe are different. Jonathan Curth: The Neighborhood Conservation zoning district is fairly restrictive. The only things it really allows by right are single family homes and accessory dwellings. Main Street Center is much more expansive in what it allows by right. It includes a lot of non-residential uses. You can do offices, retail, and restaurants. A lot of those don't necessarily have building size limitations, as opposed to if you were to keep Neighborhood Conservation and do some of those uses as a conditional use. There are some very significant differences between the by right allowances. Council Member Turk: I see there can be some office space with Neighborhood Conservation, but you are right, there's no restaurants or sidewalk cafes. 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 unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: The more I look at these permitted uses, the more concerned I am. There's the opportunity to have a liquor store right there. That's a permitted use by right. Plus, the couple of extra floors of the unit. I do have some concerns about that. The slope is very steep and maybe they would be limited by some of these topographical features. By right they can go to seven stories. I'm probably not going to support this because that scale and size amassing is right next to our trail. I have some serious concerns about that. There are a lot of other things that could be conditional uses that are potentially allowed under this rezoning type. The tree canopy going from 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 3, 2021 Page 8 of 15 20% to 10% on a steep slope where you probably have a tremendous amount of erosion potential and water runoff issues is a concern. 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Scroggin, Bunch, Hertzberg, Gutierrez, Jones, Kinion, and Petty voting yes. Council Member Turk voting no. Ordinance 6461 as Recorded in the office of the City Clerk RZN-2021-055 (212 N. Crossover Rd./Ap Real Estate): An ordinance to rezone that property described in rezoning petition RZN 21-055 located at 212 North Crossover Road for approximately 0.63 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff finds the request to be compatible with surrounding land uses. He stated it includes a mix of single family homes to the east and south, some of which have been there since well before Crossover's widening. He stated from an adopted plan standpoint, staff finds the applicant's request to be generally consistent with our future land use map. He stated it has access to all the infrastructure you typically expect to find next to a state highway. He stated a public comment was heard at the Planning Commission who was in opposition. He stated the citizen had concerns about the existing traffic on Crossover and that any additional density would potentially exacerbate it. He stated the Planning Commission recommended unanimously in favor to forward to Council for approval. Aaron Peters, Applicant stated it seems to be more of a better fit to put a little higher density in there. He stated it's not big enough to put too much in there because it's a very gradual density increase. Council Member Gutierrez: This is a major corridor that I'd love to see eventually having a lot of public transportation on it. I use that corridor quite a bit to avoid 49 and 7 1. 1 would love to see some density along this road. There's a lot of potential there. I'm definitely going to be supporting this. I haven't heard any public comment. 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 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 August 3, 2021 Page 9 of 15 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Scroggin, Bunch, Hertzberg, Gutierrez, Jones, Kinion, and Petty voting yes. Council Member Turk voting no. Ordinance 6462 as Recorded in the office of the City Clerk VAC-2021-021: (3988 W. Mountain View Dr./Mountain Ranch): An ordinance to approve VAC 21-0021 for property located at 3988 West Mountain View Drive to vacate a portion of a general utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff does not find any issues with the request and all the relevant franchise utilities have signed off. He stated staff recommends approval with a single condition that any relocation of existing utilities or damage to existing utilities would come at the applicant's expense. Bill Cochran, Applicant gave a brief description of the request. 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 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 Jones 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 6463 as Recorded in the offic°e of Nye City Clark Appeal ADM-2021-038 (2512 W. Mt. Comfort Rd./Hays): A resolution to grant the appeal of Daniel Hays and approve a major modification of Large Scale Development LSD 19-6780 by granting a variance to the city's access management standards to allow a second driveway at 2512 West Mount Comfort Road. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 10 of 15 Jonathan Curth, Development Services Director gave a brief description of the resolution. He spoke about the history of the Casey's project. He stated after the Subdivision Committee denied the request, it was appealed to the Planning Commission, which they subsequently denied it. He stated when staff evaluates a project of this nature, we look to see if there's a consent of owner and to what properties it speaks too. He stated in this instance, the applicant was submitted with the signature of Ms. Hays, who is the owner of the trail with property and what was at the time Casey's property, as well. He stated it was described as including the Casey's parcel, as well as a portion of the parcel on which Trailwood is. He stated staff is not a party to any negotiations typically between the developer, and a property owner. He stated staff received a piece of public comment before the Planning Commission in opposition to the request to keep the curb cut open because they had concerns about traffic on Mount Comfort Road. He stated the City Council received a piece of public comment immediately before this meeting through the City Clerk's office. He stated the citizen felt there were plenty of alternatives to keeping this curb cut that would meet the applicant's needs. He stated staff and the Planning Commission recommend denial. He stated it was a five to one vote at the Planning Commission. Daniel Hayes, 2556 Mount Comfort Road stated he has had the same driveway for 50 years and the driveway has gotten where it's not used as often as it used to be. He stated when the need occurs, we have that driveway. He stated he feels like Casey's is taking the property and eliminating his driveway. He stated there was no compensation for them or negotiating for taking of this driveway. He spoke about traffic concerns. Council Member Turk: During the tour, we discussed potential access off a different road. Is that an option? Daniel Hayes: We talked about possibly putting in a different driveway on the North part of the property. For us, the cost would be a whole lot more than we would have the money to be spending on a driveway. The City Council received one public comment regarding this resolution. Council Member Scroggin: It seems like there was a land deal that people are confused about and what they actually sold. I usually don't like it when Council is asked to settle disputes between two entities. This sounds like something that needs to go to court, not something we need to just give an extra access so that people feel they've been made whole. Kit, what are your thoughts? City Attorney Kit Williams: I have not seen any contract between Hays and Casey's. I'm not sure what that contract controls. I am somewhat concerned about the fact the access to these 10 acres has been for a long time directly from Mount Comfort Road on a driveway. If that had no kind of conveyance to Casey's, that does make me somewhat concerned. Jonathan can you enlighten me about the authority given to Casey's that would have allowed the city to close this curb cut. Jonathan Curth: In front of me is the 2019 application that staff received as a part of the large scale development submittal. We require applicant representative zoning information but among those things is the parcel numbers or the properties being affected. This was signed by JoAnn Hays on July of 2019 and that is generally the extent to which staff reviews it. We need to make sure 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 11 of 15 that form has been signed by the property owner or an authorized agent. We validate those with county records and if it's an LLC, we validate it with the State Secretary of State to make sure it's an officer that can sign on behalf or an agent that can sign on behalf of the LLC. As the application reads, I, we certify under penalty of perjury that I am, we are the owners of the property that is subject of this application and that I, we have read this application and consent to its filing. City Attorney Kit Williams: The second parcel was actually this 10 acre parcel that he's been talking about? Jonathan Curth: That is correct. City Attorney Kit Williams: That seems like it has given Casey some authority over that, even if it was not purchased. I hate to render some sort of legal decision or anything on this, but it appears this might very well be some sort of dispute between Casey's and the Hays. I can't render an official decision at this point. It seems to give Casey's the right to do certain things in relation to that 10 acres. I'm still a little bit concerned about this because the driveway has been there for so long. I know that our access management standards try to promote safety and certainly do that. I am not able to render any kind of final decision about what I believe is potentially some rights that the Hays might still have. I can't really advise them. Council Member Scroggin: We don't need to vote on this tonight. Is this something we need to handle or is this something the courts need to handle? If we are in that position, I sure don't want to vote. Council Member Gutierrez: I would like to hold it. Council Member Bunch: I agree this needs to be held for a while longer to sort through some details. What I would consider a typical process is that Casey's has to do some due diligence before they agree to buy the property and it looks like that has been done here. Maybe the Hays family wasn't aware that they were signing what they were signing. It looks like the due diligence has been done. Part of a new development would be to tighten up curb cuts, since this was split off of a bigger piece of property there. I'd like to see this tabled as well. If we do leave this driveway, what happens later on, if this piece of property gets sold down the road? I would not want that driveway possibly to remain if it were developed in future. Council Member Bunch moved to table the resolution to the August 17, 2021 City Council meeting. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the August 17, 2021 Citl• Council meeting. Amend §114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups and Similar Products: An ordinance to amend § 114.10 Regulation of Expanded Polystyrene (EPS) Foam Single -Use Plates, Bowls, Clamshells, Cups and Similar Products to comply with act 751 of 2021. 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 12 of 15 City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I brought this forward because we must comply with State law and the State law removed much of our power to regulate what is commonly referred to as Styrofoam single use containers. It did leave us the right to regulate or prohibit their use on city owned property or maintain property. Since that is as much power as we have, I felt like we should amend our previous code section that allowed us to regulate that in other areas, but at least we can still maintain the regulation when someone is using our property. Council Member Turk was the sponsor of this, and I appreciate her. Council Member Turk: Thank you Kit for amending this ordinance, so we are compliant with the State of Arkansas. Through our actions as a city, we can be the model for the rest of the vendors here in town. I'm hoping the Council will support this modification and pass the prohibition of EPS and other containers that we can control on city property and city maintained property. Council Member Turk 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 Scroggin, Bunch, Turk, Hertzberg, Jones, Kinion, and Petty voting yes. Council Member Gutierrez was absent during the vote. 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 Jones seconded the motion. Upon roll call the motion passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Jones, Kinion, and Petty voting yes. Council Member Gutierrez was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan: Thank you to Council Member Turk for bringing this forward. I appreciate it very much. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Scroggin, Bunch, Turk, Hertzberg, Jones, Kinion, and Petty voting yes. Council Member Gutierrez was absent during the vote. Ordinance 6464 as Recorded in the office of the City Clerk Amend §158.05 Off -Site Improvements/Delays: An ordinance to amend § 158.05 Off -Site Improvements/Delays to conform this section to the requirements of A.C.A. §14-56-103 Development Impact Fees -Definition. City Attorney Kit Williams read the ordinance. 1 13 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 13 of 15 City Attorney Kit Williams: This is an issue that has come up a little bit recently. It's not an emergency and we've been following the State law, even though our own ordinance is not precisely in step with it. I felt we needed to get in step with the State law and follow it precisely. However, I would like to leave this on the first reading. There's something else I want to add to it. I'll have a very slight amendment at the next meeting. This ordinance was left on the First Reading Support to Join Suit: A resolution to support and join, if feasible, the litigation to enjoin the misguided and dangerous Act 1002 of 2021. Council Member Petty stated City Attorney Kit Williams prepared the resolution for Council's consideration. He stated this is a resolution to join if it makes sense of the lawsuit being litigated by Mr. Mars, an Attorney in Rogers. City Attorney Kit Williams: I was happy that Council Member Petty asked me to draft something on this. Act 1002 of 2021 is not very favorable for cities. It removes a lot of our power. I have a lot of respect for Tom Mars, the Attorney out of Rogers that's leading litigation against this and has pointed out many areas of Act 1002, which are constitutionally suspect and legally suspect. I can recommend this resolution to the City Council. Council Member Hertzberg: If the city does join as a plaintiff, how much could this potentially cost the city in legal fees to outside Counsel? City Attorney Kit Williams: I would be handling this with my normal salary, like I did in the Civil Rights case. It went on for over three years and went down the Supreme Court twice and I have 5,000 pages of pleadings. I spend a little extra time and get it done because it needs to get done. There won't be any additional Attorney's fees. I would handle this in-house, along with my other duties. Council Member Hertzberg: Thank you. In your estimation, what would be the quickest that this lawsuit could be decided, one way or the other? City Attorney Kit Williams: There stands a pretty good chance that Tom Mars will be successful, in at least parts of his suit. He has made several good arguments and cited very strong weaknesses in Act 1002. Not only in relation to school children, which I think is one of his strongest cases, but also for County Sheriffs who are not treated the same as Department of Correction, even though they have some of the same standards thrust upon them by the Federal Government. There are several good arguments that can be made. The argument from the city itself is not nearly as strong as some of those and so that's why I'll be looking at it carefully before I would decide to attempt to intervene. This resolution if it's passed would give me the authority to write what's called an Amicus Brief, which is a brief, that is from not a party, but in favor of one side or the other. My argument would be that the city should have the right to protect its own citizens with their health and safety. It should be a local decision and not a decision that's been taken away from us by the State Legislature. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes August 3, 2021 Page 14 of 15 Council Member Jones: Thank you to Council Member Petty for his work on this. We can't compromise the health and safety of our residents, for any reason. I'm looking forward to fully supporting this. The City Council received one public comment regarding this resolution. Council Member Turk: Thank you to Council Member Petty for bringing this forward. Thanks to City Attorney Williams for doing the research to ensure we had standing and also any future work you're going to have to do on this to move it forward. Council Member Bunch thanked Council Member Petty and Kit Williams. She stated she feels very strongly that our city should have the right to determine what we do in our community and not our legislature on this issue. Mayor Jordan: Thank you Council Member Petty for bringing this forward. This is a very serious pandemic. This pandemic is much worse to me than the one we went through last summer. In the last 24 hours we've seen 2,343 cases. It's a serious pandemic and we need to take serious measures with it. The city should be given back their local control. The numbers continue to rise. If I can emphasize anything, every city in this state is different and we need to have our own local control to make decisions for ourselves. The top priority of any city should be the safety of their citizens. Thank you to the City Council for their work. 98% of the people that are hospitalized right now are unvaccinated. This is why it's so important that everybody gets a COVID-19 vaccination. If you go anywhere, wear your mask to keep everybody protected. If we don't do it for anybody else, we need to protect the children. I have grandchildren that are under 12. At the end_ of the day we protect not only ourselves, but our children and grandchildren. Council Member Gutierrez moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-1. Council Members Scroggin, Bunch, Turk, Gutierrez, Jones, Kinion, and Petty voting yes. Council Member Hertzberg voting no. Resolution 203-21 as recorded in the office of the City Clerk Announcements: Mayor Jordan: We have an Operations Tax vote going on right now. Early voting started today. Election Day is August 10, 2021. We have a lot at stake. We need to get out and support and vote for this Operations Tax. Without it, there's $22.5 million dollars at stake. $9 million for the CIP and $13.5 million for Operations. This is a really important election for maintaining our city services and operations. I continue to thank the Council for your support on this extension and encouraging people to vote. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes August 3, 2021 Page 15 of 15 City Council Agenda Session Presentations: Agenda Session Presentation - Sales Tax Report Energy Report by Peter Nierengarten. Agenda Session Presentation: Economic Vitality and Recovery 5-year Plan Update. Adiournusent: 7:30 PM 0. Mayor Kara Paxton, City lerk Treasus�er: Fq y c lip 0.0 7. q�1�5AS "will 4k, 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www fayetteville-ar gov