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HomeMy WebLinkAbout2022-02-15 - Minutes - (2)City Council Meeting Minutes February 15, 2022 Page 1 of 25 Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Vacant Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting February 15, 2022 Council Member Sloan Scroggin Ward 3 Position I Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position l Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on February 15, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, Covid-19 pandemic Council Members D'Andre Jones, Sarah Bunch, and Teresa Turk joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Members Holly Hertzberg, Sonia Harvey, Mark Kinion, Sloan Scroggin, City Attorney Kit Williams, Kara Paxton City Clerk Treasurer, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin and staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Reco,-nitions: City Council Meeting Presentations, Reports, and Discussion Items: Certified Municipal Clerk Designation Presentation - City Clerk Treasurer Kara Paxton Kim Jones, Director of the Municipal Clerks Institute at the University of Arkansas. We provide training for City Clerks from across the state. I am excited to be here tonight for Kara. This is the premier credential for the City Clerk's profession. It requires a combination of 120 hours of qualified training, plus related experience criteria. In her two years as Clerk, she has diligently 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 2 of 25 pursued, not only the training needed for this designation, but she already serves as quite a great resource for Clerks all around the state. I'm very pleased to officially present Kara with the award. I definitely look forward to her continued contributions across the state with other Clerks and her pursuit of the next level of certification. Mayor Jordan: Congratulations. Well done. Public Facilities Board Mayor Appointment - Charlie Watson Council Member Harvey: We had a special meeting to interview Mr. Watson, and he comes by a lot of incredibly amazing experience and volunteer activity to the city. We were happy to agree with the Mayor's nomination and recommend him to be on the Public Facilities Board. Council Member Harvey moved to appoint Charlie Watson to the Public Facilities Board. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Agenda Additions: Habitat for Humanity's Proposed Houses in South Fayetteville: A resolution to waive development permit fees for Habitat for Humanity's proposed houses in south Fayetteville. Council Member Scroggin moved to add the item to the agenda. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the resolution. Council Member Harvey: We are looking to waive the development fees for the Habitat for Humanity's current project. We have a goal of having attainable housing, so that fits within this scope and it's in the code. I'd love to have your support on it. Council Member Scroggin: What's the monetary value? Council Member Harvey: We think somewhere in the $300 to $400 range. Is that what we are thinking? City Attorney Kit Williams: Yes, it depends on what the project is. Assuming it's a preliminary plat, I think it's at least $300 to $400. The building permit fee is already waived under the code and that would have been an additional amount per house. The code already waves it for Habitat for Humanity or other nonprofits that are involved in housing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 3 of 25 Brandon Swoboda, Executive Director of Habitat for Humanity thanked everyone for their efforts on this resolution. He stated it is a challenge purchasing property right now in Washington County, specifically in Fayetteville. He spoke about trying to keep homes affordable. Council Member Scroggin moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Resolution 41-22 as recorded in the office of the City Clerk Consent: Approval of the February 1, 2022 City Council Meeting Minutes. APPROVED Safe Camp: A resolution to approve a budget adjustment in the amount of $29,500.00 to pay for vegetation removal and trash clean up at the former Safe Camp location. Resolution 42-22 as recorded in the office of the City Clerk 2022/2023 Asphalt Overlay/Sidewalks Projects: A resolution to approve the Transportation Division Overlay and Sidewalk Projects list for 2022 and 2023. Resolution 43-22 as recorded in the office of the City Clerk 2021-22 Edward Byrne Memorial Justice Assistance Grant: A resolution to authorize acceptance of the Edward Byrne Memorial Justice Assistance Grant for the Fourth Judicial District Drug Task Force in the amount of $153,180.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds. Resolution 44-22 as recorded in the office of the City Clerk Motorola Solutions Incorporated: A resolution to authorize a contract with Motorola Solutions Inc. in the amount of $893,228.90 plus applicable tax and freight charges for the purchase of radio equipment, design, installation, and software at the Central Dispatch Center located at the new Police Headquarters, and to approve a project contingency in the amount of $82,000.00. Resolution 45-22 as recorded in the office of the City Clerk Xybix Systems: A resolution to approve the purchase of dispatch furniture for the Central Dispatch Center from Xybix Systems, Inc in the amount of $170,396.37 plus any applicable tax and delivery charges, pursuant to a Houston -Galveston Area Council cooperative purchasing contract. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 4 of 25 Resolution 46-22 as recorded in the office of the City Clerk Community Access Television d/b/a Your Media: A resolution to approve a budget adjustment in the amount of $12,000.00 recognizing contract production revenue from Community Access Television d/b/a Your Media and to increase the related promotional activities budget. Resolution 47-22 as recorded in the office of the City Clerk RFQ # 19-05 Flintco, LLC Change Order #7 - 2019 Transportation Bond Project: A resolution to approve Change Order No. 7 to the Construction Manager at Risk contract with Flintco, LLC for the Porter Road and Deane Street roundabout as part of the Police Headquarters Project in the amount of $4,169,565.00, to approve a project contingency in the amount of $280,000.00, and to approve a budget adjustment - 2019 Transportation Bond Project. Resolution 48-22 as recorded in the office of the City Clerk Burns & McDonnell Engineering Company, Inc. Supplement Agreement No. 2: A resolution to approve Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $28,282.00 for a detailed noise analysis required by the Federal Highway Administration associated with the Highway 112 Improvement Project, and to approve a budget adjustment. Resolution 49-22 as recorded in the office of the City Clerk Council Member Scroggin moved to accept the Consent Agenda as read. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Unfinished Business: RZN-2021-081 (3373 N. College Ave./Lewis Ford): An ordinance to rezone that property described in rezoning petition RZN 21-081 located at 3373 North College Avenue for approximately 6.98 acres from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. At the February 1, 2022 City Council meeting this ordinance was left on the first reading. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he did not have anything new to add and was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 5 of 25 Robert Rhoads, Applicant's Representative stated he would like to leave the ordinance on the Second Reading. He stated he had sent the Council Members a preliminary plat that his client produced. He stated the plat shows this particular piece of property that's subject of this rezoning. He stated last night he presented another piece of property that is south of this property, but it's all adjacent and connected and it's all on this one particular preliminary plat as one project, although it's subject of two different rezoning's. He stated the project also includes the existing buildings where the Lewis Brothers have their garages and showrooms. He stated the buildings that are existing are not subject to any rezoning and the zoning on those are sufficient. He spoke about his one item being approved at the Planning Commission the night before and wanted to wait until the next City Council meeting to speak about both of his items. Jonathan Curth: With the item being forwarded from the Planning Commission last night, it will not be on the City Council's agenda until the March 15, 2022 meeting. That will be two meetings from now. Mayor Jordan: Do we need to table it to the March 151" meeting? City Attorney Kit Williams: It'll have to be tabled if he wants them heard at the same time. The reason for that is because we put the agenda together tomorrow afternoon. It doesn't give the Planning Department enough time to meet the next City Council meeting. Council Member Scroggin moved to table the item to the March 15, 2022 City Council meeting. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. This ordinance was tabled to the March 15, 2022 City Council meeting. RZN-2021-082 (582 N. Mission Blvd./Falcons Landing, LLC.): An ordinance to rezone that property described in rezoning petition RZN 21-082 located at 582 North Mission Boulevard for approximately 0.41 acres from RSF-4, Residential Single Family, 4 units per acre to'RSF-8, Residential Single Family, 8 units per acre. At the February 1, 2022 City Council meeting this ordinance was left on the second reading. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director stated he did not have anything new to add and was available for questions. Tim McMahon, Applicant stated he was available for questions. 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 6 of 25 Council Member Harvey: Going from the four to eight, what's our tree preservation plan on that? Jonathan Curth: Are you wondering the percent canopy requirements? Council Member Harvey: Yes. Jonathan Curth: It goes from 25% to 20%. Council Member Harvey: This is in Ward 1 and it's an excellent location. I'm glad to see a little bit of gentle density. It's very appropriate and near services. Council Member Turk stated in this neighborhood that RSF-8 is consistent with the historic plat that has been in the neighborhood. She spoke about encouraging everybody to keep as many trees as possible because of needing carbon sequestration in the midst of climate change. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6529 as Recorded in the office of the City Clerk New Business: Appeal CUP-2021-000052 (3349 W. Wedington Dr./Glide Xpress Car Wash): A resolution to grant the appeal of Council Members Teresa Turk, Holly Hertzberg and Mark Kinion and approve the Conditional Use Permit, CUP 2021-052 for a Glide Xpress Car Wash at 3349 West Wedington Drive. Jonathan Curth, Development Services Director gave a brief description of the resolution. He stated staff recommends approval. He stated the Planning Commission did not recommend approval. Dylan Ward, Manager of Glide Xpress Car Wash spoke about the company's history. He spoke about the equipment used and his company's high standards. He spoke about his employees receiving $15 to $18 dollars per hour, plus health insurance options. He spoke about the amenities onsite. He spoke about using a water reclamation system to wash vehicles. Robert Rhoads, Representing the Applicant stated the CUP was discussed in two separate Planning Commission meetings. He stated after the first meeting, the applicant made changes, including adding landscaping and preserving trees. He stated there are no curb cuts on Wedington and as a result there are no adverse impact on neighboring businesses. He spoke about the restrictions on this piece of property. He spoke about the 33,000 vehicles per day traffic count in the proposed area. He stated as much as we'd love to have all of Fayetteville walking, it's not happening, and people do need a car wash. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 7 of 25 Council Member Hertzberg: I would be inclined to support this. The biggest concern for me was the curb cuts on Wedington, so the fact that they've moved that has alleviated all of my concerns with this area. I would be in support. Council Member Kinion: After going and looking around up there, I think it's appropriate for this property. It's not what I would envision to be there, but I think it is fine to be there. Council Member Turk: Mr. Rhoades, could you elaborate about the restrictions on the land and where they originate from. Robert Rhoades: There's three separate documents. One is declaration of restrictions, which is of record 2013-24509, which is no cocktail lounges, bars, no alcoholic beverages on premise consumption and if that business sells food, then it can't be more than 40%. No disco, bowling alley, pool hall and roller rink. There are 50 of them. Second, there's another document declaration of restrictions 2013-14475, which is restriction against use for any full service banking, savings & loan or credit union. There's 2014-11558 where the property shall not be leased or used for any drive through or carry out fast food restaurants in which hamburgers are primarily sold. Council Member Turk: Are these restrictions on the deed, on the POA or from the city? Where do these restrictions originate from? Robert Rhoades: They are part of the PZD. When it was developed, the developer put forth these provisions, probably because other tenants like Wal-Mart didn't want competition. City Attorney Kit Williams: The restrictions are not on the city. The city adopted the restrictions and to its PZD ordinance to give it more force. If this restriction is going to be removed, you'd have to get City Council to remove the restriction. The property owner couldn't do it by itself. I agree with your analysis that some of the restrictions are there to support the basic main tenant of Wal-Mart. These are restrictions just in the zoning, so the City Council could change it themselves if they wanted too, but that doesn't mean they're still not going to be enforceable with the owner of the property. To some extent they are restrictive covenants, which we don't have to follow, but the property owners have to follow. Council Member Scroggin: I'm kind of blown away by the number of car washes I've approved over the years. It seems like we keep approving them and then they die. I personally don't know why we need car washes. However, if we're going to put a car wash somewhere, this is probably where it should go. There's a massive amount of traffic that's going to go here, and if somebody were to drive to go to a car wash, I guess it would be environmentally friendly that we put this where they're going to drive anyway. I don't think we're going to make Wedington a pedestrian haven anytime soon. I'll be for this. Mayor Jordan: We need a motion and a second to support the appeal. Is that correct, Kit? City Attorney Kit Williams: Yes, to pass the resolution, which would support the appeal and grant the Conditional Use. A lot of times Conditional Uses have conditions on them. We left some 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page,8 of 25 spaces under the resolution. Jonathan, I didn't know if staff had requested conditions to be placed on this or not. Jonathan Curth stated yes. He stated staff had proposed conditions on this. He briefly spoke about the six conditions that were listed in the packet. City Attorney Kit Williams: I suggest that the City Council adopt the staff recommendations of conditions of approval that were going to be probably enacted by the Planning Commission, if they had passed this. They are all spelled out in the report the City Council has, that was first given to the Planning Commission. City Council would need to amend the resolution before they can pass the resolution. Council Member Kinion moved to amend the resolution to include the conditions as read and provided by Jonathan Curth. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams: If Council votes in favor of the resolution, it would be as presented by staff and recommended by staff. Council Member Bunch moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Resolution 50-22 as recorded in the office of the City Clerk VAC-2022-001 (2875 W. Martin Luther King Jr. Blvd./Walmart 4144): An ordinance to approve VAC 22-01 for property located at 2875 West Martin Luther King Junior Boulevard 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 has found no issues with the request and the city's Water & Sewer Department has signed off on the proposal. He stated staff is recommending in favor with the conditions outlined by Mr. Williams and including that a new main be reviewed by staff, approved and installed. He stated any damage to existing facilities in that easement are at the applicant's expense. Zachary Fletcher, CEI stated he was available for questions. Council Member Hertzberg 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 Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 9 of 25 Council Member Harvey 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 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams react the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6530 as Recorded in the office of the City Clerk RZN-2021-087 (N. Futrall Dr. between Wedington Dr. & MLK Blvd./Barnes South): An ordinance to rezone that property described in rezoning petition RZN 21-087 located on North Futrall Drive between Wedington Drive and Martin Luther King Junior Boulevard for approximately 9.40 acres from RSF-4, Residential Single Family, 4 units per acre to CS, Community Services. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff supports the request. He stated the Planning Commission forwarded the item to Council unanimously with a recommendation of approval. Payton Bentley, Clark Law Firm stated he was representing the applicant. He spoke about the compatibility of the property. He stated he was available for questions. Council Member Scroggin: Is storage allowed in CS? Jonathan Curth: No, it is not, by -right or conditional use. Council Member Scroggin: What is the max height allowed in CS? Jonathan Curth: Five stories. Council Member Harvey: Do we have any topography illustrations? Half of it looks like it is in the Hilltop Overlay. The main thing I am thinking is runoff and it's steep. We don't want to exacerbate any issues. Jonathan Curth: The green hatching you see on the illustration with the stair step pattern is the portion that's in the Hillside Hilltop Overlay. The dark brown lines represent their 20 foot contour intervals. It's about 1,300 feet at the south property lines as an elevation and about 1,360 here on the illustration. Council Member Harvey: It's very steep and that's what I remember. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 10 of 25 Council Member Turk: Am I correct that Community Services has a 20% tree canopy requirement? Jonathan Curth: That is correct. Council Member Turk: I'm guessing that none of the city foresters have been out there at this stage to evaluate the tree canopy that's in there. Is that correct? Jonathan Curth: Not formally that I'm aware of. The applicant may be able to speak to whether they've asked the foresters to visit the property, as a courtesy, which they sometimes are able to do. He stated there were public comments in opposition. Payton Bentley: At this time, there hasn't been that request. The City Council received two public comments regarding this ordinance. There was a conversation about public letters being on page 18 of the agenda packet. Mayor Jordan: Ward 1, have you heard anything? Council Member Harvey: Yes, I have heard a lot. I feel like we all have. Council Member Harvey moved to suspend the rules and go to the second reading. The motion died due to a lack of a second. Council Member Turk: I missed this in Agenda Session, but this slope over here is very steep. I'm wondering if it would be helpful if we held this on the first reading and had a tour next week. Council Member Kinion: I would support holding it. There is a public outcry that's pretty loud and we need to balance that against what is possible here. Whenever I look at zoning, I look at the worst possible situation that would be allowed by -right. There is a lot of heritage in this property. It is quite a slope, so we've got to be very mindful of the impact of stormwater runoff. There's an opportunity to develop it, but I'm not sure this is the perfect zoning for that property. I don't want to prevent it from being developed, but I want it to be developed responsibly. When you drive into Fayetteville, you see Markham Hill and it is a landmark almost like the University of Arkansas welcoming you to Fayetteville. To put a five story building here is something I consider, but it is impacting that welcoming view of Markham Hill and will impair it. I need to talk to some people regarding the topography, hydrology and the natural elements in this area before I can decide. Council Member Scroggin: This is one of the rare cases that I'm against CS. With no transition coming up the hillside, I would actually be a no, right now. I need to see some form of transition as we move up there. This is what you see when you come into Fayetteville. I can't vote to allow five story buildings moving up there. I agree with holding it and hopefully get something that I can vote for. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 11 of 25 Council Member Bunch: I wouldn't mind holding it, but I was also going to be a no, as well. We can go walk around on it. This ordinance was left on the First Reading. RZN-2021-092 (South of 375 N. Rupple D./Riverwood Homes & McBryde Family): An ordinance to rezone that property described in rezoning petition RZN 21-092 located south of 375 North Rupple Road for approximately 5.34 acres from R-A, Residential Agricultural to CS, Community Services and approximately 0.34 acres from CS, Community Services to R-A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director: Between last week's Agenda Session and this evening, I was contacted by the applicant who asked that the Council hold the item tonight. They are not able to attend. Mayor Jordan: It is in Ward 4. Is everyone good with holding it? Council Member Hertzberg: Yes, that sounds good. This ordinance was left on the First Reading. RZN-2021-089 (South of 1936 S. Shiloh Dr./DDB Investments): An ordinance to rezone that property described in rezoning petition RZN 21-089 located south of 1936 South Shiloh Drive for approximately 9.11 acres from I-1, Heavy Commercial and Light Industrial to CS, Community Services. City Attorney Kit Williams 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 the Planning Commission recommended unanimously to forward it to Council. Alyssa Sims, Applicant's Representative spoke about the request being compatible with the surrounding property. She stated the zoning request meets the goal for City Plan 2040. Council Member Turk: I'm the Council Member that took the tour yesterday. There are a lot of low lying areas in there and you can definitely see the floodplain. You can see where floods have happened because there's some trash and debris in there. The tree canopy are new trees. There are not any old trees that are in there. I don't have concerns about these new trees, because there's not any old growth or fully mature trees that have been there for a while. My only concern is the potential for five stories and how that might impact the existing neighborhood off to the west. It's so close to the trail, and we do need some connectivity there. It was a very good tour. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 12 of 25 Council Member Scroggin: While I think CS is just slightly a little more than the surrounding area, I think it's fundamentally better than 1-1. It would be terrible if that was built out as 1-1, especially given the floodplain and the potential for minerals to be taken and swept off into the stormwater. I'll be for this, and hopefully we can vote on this tonight. Mayor Jordan: Council Member Hertzberg, have you all heard anything in your ward? Council Member Hertzberg: I have not, and I would tend to be in support of this. Council Member Turk: I have not heard anything from anybody. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: I think this is a better zoning than what it currently is. One concern I have for those homes is the sound from I-49. There is new growth there, but it's probably not helping a whole lot. I'm glad it's Community Services because maybe they won't have to drive so far to get services and that's a good thing. I hope the plans can think about that for those residences. If there's five story buildings there, that probably helps with the sound. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6531 as Recorded in the office of the City Clerk RPZD-2021-006 (500 N. Sequoyah Dr./High Acres): An ordinance to approve a Residential Planned Zoning District entitled R-PZD 2021-006 for approximately 3.83 acres located at 500 North Sequoyah Drive. City Attorney Kit Williams 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 the Planning Commission recommended unanimously to forward it to Council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 13 of 25 James Struthers, Polk Stanley Wilcox Architects representing the applicant. He stated the goal is to provide access to the proposed lots on the property, with a low impact private drive consistent with the existing infrastructure on Mount Sequoyah. He stated the infrastructure has been located to mitigate impact on existing trees, as much as possible and designed to promote green space permeable area and mitigate runoff. The City Council received one public comment regarding this ordinance. Mayor Jordan: Have you all heard anything? Council Member Harvey: I have not. Council Member Scroggin: By going the PZD route. are they skirting any stormwater regulations? Is there anything of that nature? Jonathan Curth: The PZD ordinance specifically sets our existing Development Code as a baseline. PZD's are not allowed to go beneath that. They can apply more stringent standards on themselves. PZD's are typically used to give themselves more zoning flexibility, not development standard flexibility. Council Member Scroggin: It seems like the neighbors are okay with this. I will be in support of Mayor Jordan: Council Member Jones, have you heard anything from anybody on this? Council Member Jones: No, I have not. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey thanked the staff and applicant for the PZD because it was helpful. She stated there was a lot of thought and consideration for the existing trees. She stated that the design of the spaces looked amazing. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 14 of 25 Ordinance 6532 as Recorded in the office of the City Clerk Express the Intent to Sell Approximately 30.06 Acres Commerce District: A resolution to express the intent of the City Council to sell approximately 30.06 acres of city property located in the Commerce District. Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He thanked everyone involved who helped with this item. Ben Clark, 13-Unlimited stated he was available for questions. Council Member Turk: Devin, could you put the slide back up that shows the main parcel we are talking about. I am wondering about this piece that's on the Northwest portion. Has the Urban Forester had a chance to go out and survey that portion? The option portion was full of invasive species, but viewing this, it looks like there's a lot of trees on there. Devin Howland: John Scott has not done an assessment on this portion. We did the north. When I walked this, we noticed there is a heavy mix of pines and cedars. When this goes through large scale, this would likely be the target for tree preservation, as well as this road. We do not have an assessment on that portion of this site, at this time. Council Member Turk: Could you explain a little bit more about the 13 acres. How would that work exactly? Where are the invasive species versus where there's actually some really good mature trees worth preserving? Devin Howland: On the screen, I'm going to take my mouse cursor over the area where the assessment was done. It was actually bigger than this site, and this is the one that was full of invasives, with the exception of that fence row. This, when we looked at it closer, is not full of invasives. It is full of very old oak trees. So, this preservation area will be run by staff. We are working with John Scott right now on going through that steps of the process to get that through its approvals. We're going to go ahead and order a survey and get the land coordinates so we can snake this permanent. Given the tree preservation easements don't come to the City Council, we wanted to make you all aware that this was how we were going to finish this area. Council Member Turk: To make that permanent, it would be a conservation easement, or would the city purchase that land? Devin Howland: We own that property right now. It was acquired for the purposes of expanding the Commerce Park. It is a more sensitive habitat in this 13 acre tract. The floodway comes through here and covers a great deal of the site. The city would be the ones filing that tree preservation easement on that site. Council Member Turk: If 13-Unlimited exercised this option and purchased the property, then that tree preservation would be part of the deed and would stipulate no trees would be cut in that area. Correct? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 15 of 25 Devin Howland: On the option site, these 13 acres are not included in that. It abuts it. We are going to give ourselves access. The 13 acre tree preservation is not tied to this land sale agreement. We wanted to make you aware that staff is working on that right now, separately from this. Council Member Turk: Thank you for clearing that up for me. I appreciate it. Council Member Scroggin: I think we should do what we can to help the company. I know this is an intent, so we'll see numbers later. Assuming it legally has to come with an appraisal. I assume the appraisal would need to value the land with the road in there, because an appraisal of land you can't access is almost nothing. I definitely want to see an appraisal, based on having the ability to get to it, when we get to that point. I definitely support the intent. Devin Howland: We can take care of that. Taylor Shelton, Chamber of Commerce Chief of Economic Development Officer spoke in favor the resolution. Council Member Turk: Devon, do you think that John Scott would be able to do that inventory on the Northwest section, prior to land sale or prior to it being brought back to us? Devin Howland: Absolutely. I'll make sure of it. Council Member Harvey: Thank you to Chung, Devon and the team for working with 13- Unlimited. They are an excellent business in our community that does employ artists and former students of mine. This does say in here a retention of 180 jobs, at an average of $20 per hour with nearly an annual payroll of 7.5 million. A creation of 50 jobs over the next three years with an annual payroll to about 9.5 million. That's in our creative economy and is a Fayetteville grown business. Congratulations on the award for being in the top 500 fastest growing businesses in the US. Mayor Jordan: It's a great business. I have been over there and they are exploding with growth. They are a home grown business and great folks to work with. Devin and the Chamber have worked real hard on keeping everybody here. It pays good wages. Folks get to do a lot of artistic type work there. I am really thrilled to have them here. Council Member Harvey moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Resolution 51-22 as recorded in the office of the City Clerk HFI Fletcher, LLC: An ordinance to waive formal competitive bidding and approve a cost share agreement with HFI Fletcher, LLC for additional low impact development measures to help alleviate downstream drainage issues on Fletcher Avenue with a refund in an amount not to exceed $16,567.13 to be paid by the City of Fayetteville. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 16 of 25 City Attorney Kit Williams read the ordinance. Chris Brown, Public Works Director: During the public discussion we did have several neighbors complain about existing drainage issues, and this does help alleviate those drainage issues. The calculations, I believe were provided to the Council to further explain how that came to be. Essentially, the developer is required to pay for the cost of their improvements to mitigate the impact of their storm drain into the additional drainage they are creating. The city's picking up the difference to help alleviate an existing drainage issue. Council Member Scroggin: I noticed the runoff with one of the heavy rains we had. I saw it coming down Lafayette and I knew where that was coming from. I've got substantial videos and pictures. This was much needed. I agree with the city's assessment that this just wasn't the developers fault; this is water that was running across their land beforehand. We've already done a substantial amount of work and it is making a difference, but it is annoying to the neighbors, so I'm glad we're trying to alleviate it. Mayor Jordan: Absolutely. Council Member Harvey: I've had a lot of complaints in this area for a long time. I am happy to support this. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey 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 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6533 as Recorded in the office of the City Clerk Amend Sections 156.03 Development, Parking and Loading, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction: An ordinance to amend Sections 156.03 Development, Parking and Loading, 166.02 Development Review Process, 168.07 Permit Procedures, 168.09 Appeals and 168.10 Provisions for Flood Hazard Reduction of the Unified Development Code to address incorrect references, clarify what qualifies as existing impervious area, and remove redundancies and ambiguities from the flood damage prevention code. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 17 of 25 City Attorney Kit Williams read the ordinance. Alan Pugh, Staff Engineer gave a brief description of the ordinance. Council Member Turk: In regards to Accessory Dwelling Units, I think you would want to err on the side of caution because they can add up to 1,200 square feet. That is a substantial area. I'm a bit surprised that you all are supporting loosening those requirements for a flood study, especially given in our previous discussions a couple of weeks ago that we've loosened the requirements on Accessory Dwelling Units. The city is wanting to add more of those and it would seem that some of those would be in flood prone areas. I question that logic there. 1,200 square feet is not a small area. Alan Pugh: There is a difference between what our code defines as an Accessory Dwelling Unit and what FEMA defines as an accessory structure. An accessory structure, per FEMA's code is essentially storage buildings, small storage sheds and things like that. We did clarify in the code proposed that those can be no larger than 150 square feet, so it's a relatively small shed. If an Accessory Dwelling Unit came in that was 1,200 square feet and up to, we would propose that they continue down the path of having to provide some documentation that they are not negatively impacting the floodplain Council Member Turk: Thank you for clarifying that. I have heard from one person about the changing of the satisfied versus considered wording. It seems like consider is much less rigorous than satisfied. I shared her concerns about loosening that up a bit. I wonder if you all discussed compliance that would make it much clearer. That it's not just, we can kind of dismiss that once we consider it or if we had a more rigorous standard that I would say satisfied, conveyed. Alan Pugh: The City Attorney and I worked together on that language. Part of the concern was satisfied. In my opinion, some of the provisions that were being referenced in that section of code weren't necessarily meeting the objective from an engineering standpoint for criteria. An example is that we maintain emergency access to certain areas and that was a little bit subjective on how those emergency vehicles access that area. As a staff, we're open to recommendations. We would lean on the City Attorney to make sure they felt that was an appropriate change. City Attorney Kit Williams: I talked to the same individual that talked to Council Member Turk. I explained my position on that. This is in the variance chapter and you don't normally put hard and fast rules. What you are trying to do in a variance chapter is to give some relief from a hard and fast rule that might not be applicable or not needed in a particular situation. There are many things you should consider in a variance. I also want to point to the language that comes right after the fact that you've got to consider all these other provisions. It says, and that the structure or other development is protected by methods that minimize flood damages during base flood and create no additional threats to public safety. I think that language is already quite strong enough. I did suggest it become considered rather than satisfied because, as our Stormwater Engineers explained, there might be something in there that would seem to deny a variance even when everybody would think it should be granted, but I guess we can't because this one thing over here that's probably not relevant, but we can't satisfy it. I have always been in favor of trusting our staff and Planning Commission to use their good judgment when they are trying to consider a variance 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 18 of 25 and consider everything. I don't want to tie their hands too much because it's very difficult when you're talking about development of land to have a hard and fast rule that always applies. Sometimes it applies, it's going to be creating an unjust result. I was the one that suggested for that to be changed from satisfied to considered. The citizen I spoke with seemed to understand why I had presented that to our Stormwater Engineer. I still think that's the best thing to do. This is a variance, and so we must have some discretion applied for the Planning Commission to apply these variances. We don't want to try to tie their hands. Council Member Turk: I would like to hold this and work with Alan and Kit in the next two weeks to see if we can ensure that is the best wording. I'm very concerned about any stormwater flooding that we have. On average we are getting seven more inches per year in Fayetteville than we historically have. We need to start planning. I have some concerns about loosening any kind of regulation. Council Member Bunch: I guess that's fine. There has already been quite a bit of thought put into the wording of this. I understand Council Member Turk's point and hope we can get this right. I want to be careful about what we try to put in there and listen to staffs recommendations on this as well. This ordinance was left on the First Reading. Amend Ordinance No. 6393: An ordinance to amend Ordinance No. 6393 by removing Section 3, which requires development approval and the posting of a bond before the Mayor can sign the agreements for the new railroad crossing at Futrall Drive and Gregg Avenue. City Attorney Kit Williams read the ordinance. Chris Brown, Public Works Director gave a brief description of the ordinance. He stated staff is recommending approval of this change, which will allow the city to work with the railroad more actively. Mayor Jordan: We are trying to move these railroad crossings along. We are trying to get these things built where we can get the development stuff moving. Birch Wright, Chief Operating Officer for Washington Regional spoke briefly about the intention to develop the property. Council Member Turk moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 19 of 25 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 Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan: These railroad crossings aren't getting any cheaper, so I want to move on. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6534 as Recorded in the office of the City Clerk Amend Article XXIII Amend Active Transportation Advisory Committee: An ordinance to amend §33.350 Purpose and Establishment, §33.351 Composition, §33.352 Terms of Office and §33.354 Meetings of Article XXIII Active Transportation Advisory Committee to increase the number of residents on the committee. City Attorney Kit Williams read the ordinance. Matt Mihalevich, Trails Coordinator gave a brief description of the ordinance. He stated the item went to the Active Transportation Committee and the Transportation Committee, which both committees fully support. Council Member Hertzberg: There was discussion that we would appoint someone who had a disability to be the representative for ADA, but I like that we've opened it up a little bit more. There are other individuals who could represent that, such as a therapist or somebody who has a non-physical disability. I would be in support of the way we have written it right now. Council Member Turk: During our conversation at the Nominating Committee, I thought we recommended this with somebody that could represent the Americans with Disabilities Act, but also a sidewalk advocate. I'm surprised that's not in this change. Was there discussion about that or did it get it overlooked? Matt Mihalevich: That was discussed at the committee levels and the Active Transportation Committee specifically felt like it would be kind of hard to determine a sidewalk advocate, because most people walk in general. Their viewpoint is to keep it as more of an open position, instead of narrowing it down to somebody using a sidewalk. Council Member Kinion: We brought that through our experience with the Nominating Committee. If you have interviewed as many people as we have over the years, there are people that are sidewalk advocates. They are people that depend on sidewalks and use them for recreation, as well as ways to get around town. I think we should have a sidewalk advocate. It's not someone that just takes a sidewalk, it's someone that takes sidewalks seriously. Council Member Bunch, as 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 20 of 25 Chairman of the Nominating Committee, do you recall, when we discussed this, if there was anything else? Council Member Bunch: No. I don't think there's anything else. My biggest concern was that we get the ADA person on there. I was not as invested in the sidewalk advocate, as you were Council Member Kinion. You were very straightforward about that, but for me, the bigger concern was the ADA representation. I like the idea that we've changed it around enough that it has broadened it a little bit. We may not have an applicant that has a disability. I also get staff s perspective on the sidewalk advocate because lots of people use sidewalks. I don't know how else we would phrase it other than what we've called it, which is a person that is primarily using sidewalks. I think it's okay this way. Council Member Kinion: All right. Council Member Turk: I feel like we need to have another position in there advocating for the sidewalks. During our discussion, we've got a bicycle advocate put in there. A lot of people on the committee are using bicycles too, but this person is specifically engaged in advocacy for bicycles. I would like to amend to not increase the number of positions to more than seven, but make one of those positions be a sidewalk advocate. Council Member Bunch: We are adding two positions. You want to add only one position and make somebody else a sidewalk advocate? Council Member Turk: No. I would like to continue to have the two new positions that are added in there, but one of them is the ADA person. The other one was just an open community at large position. I would like to take that additional one and designate it as a sidewalk advocate. Council Member Hertzberg: I would be in support of that. Council Member Bunch: Maybe we should come up with a better name for it. Council Member Kinion: Let's think about what is a sidewalk advocate. There are people who are sidewalk advocates that care about the safety of sidewalks for going to school and going through neighborhoods. It's not trails and bicycles. Their focus is on sidewalks. I have received a lot of calls about sidewalks over the years. If people had a sidewalk advocate to talk too about this, it could help us understand the concern about the sidewalks. Council Member Scroggin: This is almost like a self-appointed hall monitor. I think siloing all the positions is an unfortunate move, because then you're lumping what could be more restrictive and then you have somebody because they show up at the meeting going, I love sidewalks. That's what we are going to choose them on, instead of credentials. If there was somehow a credentialing of people in sidewalks, like some metric. The bicycling makes sense because you've got somebody that may run events and own a bike store. That seems a little more objective than somebody that just got giddy during a meeting about sidewalks, but no metrics. Mayor Jordan: I am a bit lost on this. This went to the Nominating Committee? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 21 of 25 Council Member Hertzberg: It went to the Active Transportation Committee and the Transportation Committee. Mayor Jordan: It was decided that you were going to add the positions. Right? Council Member Harvey: The committee decided not to do the sidewalk advocate because they said, everyone cares about the sidewalks. They said yes to the ADA person and no to the specific sidewalk person. Council Member Hertzberg: The Nominating Committee picks the community members. Could we add a sidewalk advocate like Council Member Turk asked and then leave the credentialing up to the Nominating Committee? Council Member Kinion: From the point of view of someone that's been on the Nominating Committee for I I years, I think that is valid. Over the years, we have had applicants that are more concerned about sidewalk location, sidewalk safety and sidewalks that are not connected. They are sidewalk users. If someone applied for a sidewalk advocate, they would obviously have some dedication to sidewalks. It does sound silly and it sounds like we're siloing people, but we are. We have trails that are important. We have bicycles that are important. We have sidewalks that are important. It comes from the experience of seeing people that are interviewing for these positons. Council Member Bunch: The Nominating Committee could probably craft language to add a sidewalk advocate, but we would have to be disregarding the input of the Active Transportation Committee. We need to engage with the Active Transportation Committee. If we can't sell them on the sidewalk advocate, then maybe we need to think this through a little more. My concern was not to get hung up on the sidewalk person, but to get the ADA person on there, which I thought was really an important thing to have. Council Member Turk: I'll make another proposal. Right now, we've added two more seats on this committee, from five up to seven. What if we just added one more to six, and then we could come back for the ADA person and revisit the sidewalk discussion once we have a better definition. Otherwise, I don't know why we added another position on here. I don't understand if it wasn't siloed or designated. Council Member Harvey: You want to add fewer positions and then define the sixth one later? Council Member Turk: Right. We would add one extra position for the ADA, instead of two extra positions. We could come back and discuss the sidewalk advocate. Council Member Kinion: I'd go for one for the ADA. The second one that was for sidewalk that we suggested, if we're not going to do it, then we're just adding a person, but we don't need to do that is what I'm understanding and I feel that way too. Council Member Turk: That's exactly what I'm saying. Thank you for clarifying for everybody. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 22 of 25 Council Member Turk spoke about a proposed amendment. There was a brief discussion about the wording of a proposed amendment and the total of voting members. Council Members Scroggin: I think some of the reason we're adding people is, someone on a regular basis, that people don't apply to positions because of certain people on the Nominating Committee. They feel that they are getting gatekeeped. I think that part of this is to allow more people on there. Going down to the six, instead of the seven, which I know we're going from five, I think that's part of this. There are applicants definitely qualified, that keep getting turned down. This is something that's been brought up to me, quite a bit over the last couple of years. I hope that we can do what the Active Transportation Committee asked us. City Attorney Kit Williams: There is a motion and a second on the floor to change Subsection D. Instead of saying seven voting members shall be residents of the city and one being a bicycle advocate, one being a ADA advocate, to go down to six voting members shall be residents of the city. Council Member Scroggin: If we don't do the amendment, then it's what the Active Transportation Committee asked. That's what I want. There was a brief conversation to clarify what was just spoken about. Council Member Turk moved to amend the number of voting members from the proposed seven to six and leave the ADA as written. Council Member Jones seconded the motion. Upon roll call the motion failed 3-4. Council Members Turk, Jones and Kinion voting yes. Council Members Bunch, Hertzberg, Harvey and Scroggin voting no. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: It used to be called the Sidewalk Committee, and the committee may make recommendations. The website says, for yearly trail and sidewalk and paving overlay construction programs. So, everyone is a sidewalk advocate. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6535 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes February 15, 2022 Page 23 of 25 Revised Ward Boundaries: An ordinance to approve revised ward boundaries to equalize ward populations after the 2020 Federal Census and to amend §32.03 of the Fayetteville Code. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: The original attached Exhibit in the agenda package said proposed map because it was proposed by GIS, staff and myself as a possible ward boundary map. It has been presented and had some acceptance, although not formally yet. I asked GIS Director, Greg Resz, to prepare an Exhibit that would be proper to publish in our code. I sent that out to you today. It is the same map, except saying proposed, it says Redistricted Ward Boundaries. There was one other minor change last year when the City Council annexed a small amount of land, immediately south of the Commerce Park on Black Oak Road. I had Greg put that into the map, since it is part of Fayetteville and should be included. I ask Council to replace the current proposed map sent out with the agenda, to the new map that we just sent to you as I just described. Council Member Scroggin moved to amend the map to accept Exhibit A that says, Redistricted Ward Boundaries, as described by City Attorney Kit Williams. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Greg Resz, GIS Director was available for questions. Council Member Scroggin: At election time, Ward 3 had significantly more voters than the other wards. I think some people are going to be surprised when they find out Ward 3 actually got larger. The reason for that is based on population, not voting. Ward 3 did not grow like some of the other wards and it's going to take on more area. City Attorney Kit Williams: The census is based on actual persons, rather than voters. That's why there might be different voting counts amongst the wards. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Harvey: I do lament the loss of those Ward 1 voters because they've been very awesome and supportive. I appreciate the work that Kit and the team have done to get it all balanced out. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes February 15, 2022 Page 24 of 25 Mayor Jordan: Thank you to Kit, Greg and Susan's work on this in putting it all together. Well done. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Ordinance 6536 as Recorded in the office of the City Clerk Amend §118.01 Applicability and §163.18 Short -Term Rentals: An ordinance to amend § 118.01 Applicability of the Fayetteville City Code and § 163.18 Short -Term Rentals of the Unified Development Code to extend the Short -Term Rental start-up period from nine months to twelve months, and to declare an emergency. City Attorney Kit Williams read the ordinance. Council Member Bunch gave a brief description of the ordinance. She asked Jonathan Curth, how many permits have been issued so far. Jonathan Curth, Development Services Director: There have been 204 Short Term Rental Permits issued, so far. Council Member Scroggin: Council Member Bunch, thank you for your work on this. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Council Member Scroggin moved to pass the Emergency Clause. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Hertzberg, Harvey, Jones, Kinion and Scroggin voting yes. Emergency Clause Approved Ordinance 6537 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 February 15, 2022 Page 25 of 25 Announcements: Susan Norton, Chief of Staff spoke about the public meetings regarding the planning for the expansion of the Yvonne Richardson Community Center. She spoke about the public engagement meetings for the 10 Year Parks Master Plan. She stated all the meeting times and dates are listed on the City of Fayetteville website. There was a brief discussion about a tour date for the City Council. City Council Agenda Session Presentations: None City Council Tour: ����tlrrrrrr� K -ATY , City Jerk Treasuret� ara PaxtonAYE' r�• e � 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov