Loading...
HomeMy WebLinkAbout2023-06-06 - Minutes -Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position I Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Parton City of Fayetteville Arkansas City Council Meeting June 06, 2023 City Council Meeting Minutes June 06, 2023 Page 1 of 14 Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 06, 2023 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. PRESENT: Council Members Sonia Harvey, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Bunch arrived at 5:48 P.M., after the Consent Agenda was voted on. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None 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 the General Fund revenue was up roughly 8%. He briefly spoke about the other funds. He stated the Park's Development fee was going strong and was up roughly 15%. He stated the Water and Sewer fund was currently flat and was up roughly 1%. He stated the Recycling and Trash 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 06, 2023 Page 2 of 14 Collections were down 7% in revenue due to a transfer station that was down briefly. He spoke of fuels sales at the Airport and stated that he was satisfied with where the city was in revenue. Agenda Additions: None Consent: Approval of the May 16, 2023 City Council Meeting Minutes APPROVED E-scooter Program Revenue (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $15,000.00 to allow revenue from the e-scooter program to be used for the city's trails and mobility program. Resolution 122-23 as recorded in the office of the City Clerk Milestone Construction Company, LLC. (Construction Contract): A resolution to award Bid #23-24 and authorize a contract with Milestone Construction Company, LLC in the amount of $488,300.29 for the Happy Hollow Sidewalk Improvements Project, and to approve a project contingency in the amount of $50,000.00. Resolution 123-23 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. - Hwy 112 (Service Agreement): A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc in an amount not to exceed $98,610.00 for additional services during the final design phases of the utility relocations along Highway 112. Resolution 124-23 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. - I-49 & MLK (Service Agreement): A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $276,110.00 for additional design services for utility relocations associated with the I-49/Martin Luther King, Jr. Boulevard interchange project. Resolution 125-23 as recorded in the office of the City Clerk KLM Engineering, Inc. (Service Agreement): A resolution to approve a Professional Engineering Services Agreement with KLM Engineering, Inc., pursuant to RFQ #23-01 Selection #3, in an amount not to exceed $36,062.00 for water storage tank inspections, and to approve a project contingency in the amount of $7,212.40. Resolution 126-23 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 June 06, 2023 Page 3 of 14 WEX Bank (Purchase Contract): A resolution to approve a contract with WEX Bank, pursuant to a Sourcewell cooperative purchasing agreement, to enable the city to participate in a fuel card program. Resolution 127-23 as recorded in the office of the City Clerk Canon USA Inc. (Purchase Contract): A resolution to approve the purchase of copiers and managed print services from Canon USA, Inc., pursuant to a State of Arkansas cooperative purchasing contract, through July 31, 2024. Resolution 128-23 as recorded in the office of the City Clerk GovDeals Inc. (Purchase Contract): A resolution to authorize a contract with GovDeals, Inc. for online auction services for surplus equipment and vehicles through March 19, 2025 and any renewal periods, pursuant to a Sourcewell cooperative purchasing contract. Resolution 129-23 as recorded in the office of the City Clerk Springdale Tractor Co. (Purchase Contract): A resolution to authorize the purchase of a Kubota Tractor from Springdale Tractor for the amount of $16,651.72 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. Resolution 130-23 as recorded in the office of the City Clerk GapVax Inc. (Purchase Contract): A resolution to approve the purchase of a GapVax Excavator from GapVax, Inc. in the amount of $665,575.70, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment. Resolution 131-23 as recorded in the office of the City Clerk Rush Truck Centers (Utility Truck Purchase Contract): A resolution to approve the purchase of two International Heavy Duty Utility Trucks and one snow plow attachment from Rush Truck Centers of Arkansas, Inc. for the total amount of $218,435.95 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Resolution 132-23 as recorded in the office of the City Clerk Rush Truck Centers (Recycle Truck Purchase Contract): A resolution to approve the purchase of two International Recycle Body Trucks from Rush Truck Centers of Arkansas, Inc. for the total amount of $499,990.56 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Resolution 133-23 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 June 06, 2023 Page 4 of 14 ARDOT - Highway 16 (Relocation Agreement): A resolution to approve a utility relocation agreement with the Arkansas State Highway Commission for utility relocations related to the Highway 16 East Widening Project. Resolution 134-23 as recorded in the office of the City Clerk ARDOT - Highway 112 (Relocation Agreement): A resolution to approve a utility relocation agreement with the Arkansas State Highway Commission for utility relocations related to the Highway 112 Improvements Project. Resolution 135-23 as recorded in the office of the City Clerk Robert Walsh (Water Damage Claim): A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $10,434.25 to Robert Walsh and Equity Trust Company for water main break damage at 2416 East Sharon Street, and to approve a budget adjustment. Resolution 136-23 as recorded in the office of the City Clerk Steve Mangan (Sewer Damage Claim): A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $42,971.43 to Steve and Heather Mangan for sewer overflow damage at 3190 North Malinda Drive. Resolution 137-23 as recorded in the office of the City Clerk Beaver Watershed Alliance (Cost Share Agreement): A resolution to approve a cost share agreement with the Beaver Watershed Alliance for the installation of low impact development features in the Town Branch Watershed associated with the Elmhurst and McClinton Drainage Improvement Project with matching funds provided by the city in the amount of $190,000.00, and to approve a budget adjustment. Resolution 138-23 as recorded in the office of the City Clerk Freese and Nichols, Inc. (Service Agreement): A resolution to approve a professional engineering services agreement with Freese and Nichols, Inc., pursuant to RFQ 422-14, in an amount not to exceed $151,420.00 for Hamestring Creek Watershed flood mitigation and grant support. Resolution 139-23 as recorded in the office of the City Clerk Ann Harbison Farms (Lease Agreement): A resolution to award Bid #23-23 and authorize a five-year airport hay field lease agreement with Ann Harbison for rent in the amount of $6,001.00 per year. Resolution 140-23 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 June 06, 2023 Page 5 of 14 Motorola Solutions Inc. (Equipment Purchase): A resolution to authorize the purchase of radio equipment from Motorola Solutions Inc. in the amount of $419,383.29 plus any applicable tax and freight charges, and to approve a budget adjustment. Resolution 141-23 as recorded in the office of the City Clerk Council Member Harvey moved to accept the Consent Agenda as read. Council Member Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Turk, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Bunch was absent for the vote. Unfinished Business: None New Business: Appeal CUP-2023-0043 (435 N. Oliver Ave/ King Investments of Fayetteville LLC, 482): A resolution to grant the appeal of Council Members Sarah Moore, Scott Berna, and Teresa Turk and deny Conditional Use Permit CUP 2023-043 for a short-term rental at 435 North Oliver Avenue in Ward 4. Jonathan Curth, Development Services Director gave a brief description of the resolution. He spoke of the issues concerning parking adequacy and the concentration of short-term rentals nearby. He stated there had been a lot of public comment in opposition to the request. He noted there had been a potential violation on the property and gave a brief description. He stated that after the city's Engineering group had investigated, it did appear to be a violation. He stated staff found the overall request to be consistent with the city's Short -Term Rental Ordinance and recommended in favor with a series of conditions. He stated the Planning Commission approved the item with a vote of 8-1. He noted a member of the King family was present. Council Member Turk described Oliver Street and the lack of sidewalks and on street parking. She did not believe the Planning Commission understood there were unlicensed short-term rentals nearby when they made their decision. She believed it was incompatible with the neighborhood. Council Member Moore spoke of how compatibility with the neighborhood had come up as a concern from the neighbors in the area and wanted their concerns to be heard. Shaun King, Representative of the King Family spoke of his family and how they would live in the home part time. He would like to have the ability to use the home as a short-term rental to help with the ongoing costs of the property while his family was not there. He briefly spoke of Cohobnb, a local group that managed short-term rentals, and how they would be nearby if any issues with the rental occurred. He briefly spoke of the parking available at the property and did not believe he should be penalized for what unlicensed short-term rentals were doing nearby. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 06, 2023 Page 6 of 14 There was brief discussion between Council Member Berna and Shaun King regarding the gravel that was in the backyard of the property. Shaun King described how he was doing a complete artificial turf in the backyard and how the gravel was just a subset for that. The City Council received 4 public comments regarding this resolution. Council Member Hertzberg did not believe the council should consider the illegal units nearby while reviewing the proposal. Council Member Berna believed the property owners were doing everything they were supposed to. He would not be supporting the appeal. Council Member Bunch believed the property owners were trying to do the right thing. She noted they had already gone through the process that was in place and had been granted a permit by the Planning Commission. She would not be in support of the appeal. There was brief discussion between Council Member Wiederkehr and Jordan Russell, Sales Development Representative with Cohobnb, on how they handled collection and remittance of HMR taxes to the city. Jordan Russell stated Cohobnb remitted all the sales tax on behalf of their partners to the city at the end of each month and that it was part of the homeowner's contracts. Council Member Harvey believed the city's Short -Term Rental Ordinance needed a lot of work and that the property owners were following the rules the council had set forth. Council Member Turk believed the request was incompatible with the city's existing code and would be in support of the appeal. Council Member Moore spoke of how she fixated on the compatibility of the request with the neighborhood and how she had received concerns from residents regarding short-term rentals. She would be in support of the appeal. Council Member Harvey moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution failed 3-5. Council Member Turk, Harvey, Moore voted yes. Council Member Berna, Bunch, Hertzberg, Jones, Wiederkehr voted no. This resolution failed. Arts & Culture Master Plan (Funding Approval): A resolution to approve funding of $200,000.00 to develop an Arts and Culture Master Plan and to approve a budget adjustment. Council Member Harvey spoke of the Arts Corridor and how the city needed to come up with a plan on how it would be administered. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 06, 2023 Page 7 of 14 Joanna Bell, Arts & Culture Director gave a brief overview of the request and explained how the Arts and Culture Sector of Fayetteville played a role in the local economy and the community's vibrancy. She briefly spoke of the different municipalities who were creating similar plans. Council Member Bunch appreciated the details regarding nearby municipalities. The City Council received 2 public comments regarding this resolution. Council Member Hertzberg moved to approve the resolution. Council Member Harvey seconded the motion. Upon roll call the resolution passed unanimously. Resolution 142-23 as recorded in the office of the City Clerk Historic Black District Preservation (Land Purchase): A resolution to authorize the Mayor of the City of Fayetteville to purchase real estate to be returned to the NWA Black Heritage Association for restoration, redevelopment, and advancement to the African American Community into the vibrant and thriving district it is meant to be. Council Member Harvey stated the resolution was the unedited, authentic voices of generations of black families in Fayetteville. She spoke of the memo council received regarding the unconstitutionality of the request from City Attorney Kit Williams. Council Member Jones acknowledged City Attorney Kit Williams and his work in protecting the city. He spoke of the challenges that African Americans had faced and how the City of Fayetteville had been progressive. He stated the request was about the African American Community, racism being a public health crisis and ensuring that Fayetteville continued the path of progression. Sharon Killian, President of NWA Black Heritage briefly spoke of the proposal and how it would authorize the mayor to work towards saving some of the black history in Fayetteville from erasure. She presented a brief slideshow with details regarding the history behind the proposal. She believed that an affirmative decision would begin a writing of a new chapter in the advancement of Fayetteville. She briefly spoke of the state constitution and how it described a myriad of ways the request could be possible to achieve by Fayetteville. The City Council received 7 public comments regarding this resolution. Council Member Jones believed the council should be intentional in working on something the city could do to address the issues that were discussed. He spoke of proximity and challenged the council to visit south Fayetteville to get a better understanding of where people come from and the challenges they faced. He believed that once the city understood what the community needed, the city could work with Sharon Killian to restore and repair the harm that had been done. City Attorney Kit Williams: Unfortunately, this is not the right vessel to be able to accomplish what you want to accomplish. I'm the only person up here who grew up east of the courthouse. I walked through this neighborhood along Willow Street and up Rock Street to my elementary 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 06, 2023 Page 8 of 14 school and rode my bike there to my junior high school, which was here where the high rise is now. When I was a prosecutor, I worked in the county courthouse and oftentimes I'd walk back through the neighborhood there and stop at Sherman's, which is unfortunately long gone, but it's been replaced by Yvonne Richardson Center, which is good, but I do miss Sherman's because that was kind of a community center. I'm somewhat familiar with this neighborhood and what has happened, and I share some of the concern. When I drive up from Willow up to College behind the courthouse and see all the new houses that are going in there, it's kind of become gentrification, no question about it. The houses that were modest and occupied by our poorer residents, whether black or white, have been sold by the owners, I'm sure. They haven't been condemned or anything, they've been sold and replaced by modern houses and duplexes and stuff, which is what the City Council has said that you wanted to do; infill and density. That's exactly what you've been seeing going on in there; development of south Fayetteville, which has been part of the goals of Fayetteville for back when I was on the council and in the 90s and before. I don't know how much we did to be able to make that happen but market forces have taken over and in fact, there has been tremendous development there, loss of affordable housing and replacement with housing that is nicer, but more expensive. What can we do? This resolution really does not allow us to do anything, because the way it has been drafted in its purposes and what it authorizes are simply not legal under our Constitution. I would like to work on the front end with council members about what we could do, I have ideas about what we could do. I'd like to discuss them with you and try to craft a vessel that will work, that we can authorize, that will be legal, will be constitutional and yet will accomplish some of the goals if not all the goals. I don't think we can buy houses and just give them to a nonprofit for the nonprofit to use, that's not going to be allowed and that won't be what I would be proposing, but there are things we can do to save some of the most important buildings, whether they be a residence or something else. That's something that I would need to discuss with you all and to look at maps and go over and look at the property. We also have to be careful to protect the interests of the people that had been living there, that owned those properties, that maybe they want to be able to develop their property just as this other woman said she wanted to do, they have rights too. We can't just say, "oh, we like your old house the way it is. So, you can't do anything with it, because we're not going to let you," but, the City Council has one other very strong power and that's called rezoning. Most of these houses are replacing a single-family house with many townhouses or multifamily and that is a zoning issue. If somebody comes in and wants to up zone, so that they can do that, to fulfill your more dense requirements that you'd like to have, well, if you want to try to save that neighborhood, then you don't agree to the rezoning and up zoning. Instead, you want to preserve the single-family house there so that's another power the City Council has without spending money, without doing anything but having the vision to say, "do we really want to have this entire neighborhood go into a modern neighborhood and not have any of the historic houses remain?" There are things we can do but unfortunately this resolution is not what we can do. I appreciate Sharon's presentation and I learned some things that I had not heard before, even though I grew up in Fayetteville and my family goes back to 1910 in Fayetteville. I learned things I hadn't known from your presentation, especially about the City Master Plan in 1945. This should not be passed tonight because it is simply unconstitutional, but that should not be the end of the story. There is important information we learned tonight and there are things we can do but if you want to keep it legal and constitutional, you need to include the attorneys in at the front end so we can say whether you can do this or you can't do that. That way, when it comes back to the City Council, you'll know that it's a policy argument, it's a policy issue and not a legal one. Tonight, unfortunately, I can't recommend this, and I don't see a way to amend 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes June 06, 2023 Page 9 of 14 this to make it legal. We need to have a fresh start from everything we've heard here and look at what the goals are, what can we feasibly do and what can we legally do. We can bring something back to the council that would be legal, constitutional and something you could argue would be in the best interest of the whole City of Fayetteville. I have thought about this and it will require work, but that's what I'm here for. I'm happy to do it. I want to work with the council in order to look at that and see what we can do and see what kind of progress we can make. Sharon Killian: I saw that memo from Kit and what happens is, when a lay person sees a legal thing like that, you say, "Oh, my God, I'm going to have to get a lawyer." Well, what I did instead, which I usually do, is I read. I found it and I looked at it and I read as much of it as I could relative to what Kit put in the memo deeming this request illegal. What I found was just below that A, there's actually a B entry and it says; however, a county, city, town or other municipal corporation may obtain or appropriate money for a corporation, association, institution or individual to finance economic development projects or provide economic development services. Underneath that are about 12 possibilities of opportunities a city can take to make something like this happen for our community. I have a problem with us not getting a full story about what the opportunities are and that's part of the reason we didn't respond to that memo because we thought Kit would look again to see there's half a page or more of explanation in the Arkansas Constitution about what you can do. I wouldn't steer you wrong. It's true, I'm not a lawyer and I did not start out asking Kit what's possible. I don't think I'm putting any of you in jeopardy or the city in jeopardy at all. In my estimation now, how can you say that you cannot support Juneteenth when it's a national holiday? Why is $6,000 to do something that's part of celebration of Juneteenth considered a donation? It is not a donation so I have a lot of reasons as far as I can tell you to feel that the information that was provided to us was incomplete. It's more like obfuscation or something else. A 1910 white person living in this town is entrenched, you don't have to read a 1945 Master Plan to know what happens. There's a lot of history here. Thank you, that's all I have to say right now. City Attorney Kit Williams: Yes, there are a lot of things talked about under economic development. One thing that is not allowed is housing, which is what has been proposed here. You must look at this very carefully, as a lawyer would, and say, well, there's a whole bunch of things so one of them must work. You've got to find the one that works. The legislature, when they proposed this amendment to the Constitution, did not put in housing and when the people passed it housing wasn't in there. I know that because other times when we have been looking at trying to do something with housing and it's simply not within that constitutional amendment. I haven't tried to obfuscate anything. I have lived here most of my life, I have had good relationships with many people and I'm just telling you like it is; the Constitution says this will not work. The Supreme Court has said you cannot give taxpayer dollars to corporations and individuals, unless you're buying services or something like that, but not in a case like here where you buy houses and give the houses. That is generally not constitutional and that's all I have to say on that. There was brief discussion between Council Member Hertzberg, Jonathan Curth Development Services Director, and Britin Bostick Long Range Planning/Special Projects Manager, on how the council could define a Black Historic District. Jonathan Curth explained that districts were created within parameters that were adopted at the state level in the Arkansas Historic Preservation Program. Britin Bostick briefly spoke of historic context development and how it went into play with proposing districts for the National Register of Historic Places. She spoke of preserving sites 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes June 06, 2023 Page 10 of 14 that were specific to black history and Fayetteville and how the Black Heritage and Preservation Commission would work to identify potential projects that could be funded through grants. Council Member Moore believed it was important for the council to listen to the community and appreciated the feedback that was given on the topic. She encouraged the city to explore all the possible avenues to make the request possible. She questioned what the appropriate motion would be to continue the conversation and move the item forward. City Attorney Kit Williams explained how the council could do a motion to table the resolution indefinitely so that additional work could be done. He was willing to work on the item and believed something should be done in order to preserve some of the most important historical black structures that were still left in Fayetteville. Council Member Bunch spoke of her concerns and believed it was important the city preserve the history of the community. Council Member Jones spoke of a possible proposal that involved Sharon Killian, Britin Bostick and City Attorney Kit Williams working together for the next three months to create a solution. He requested the council members be intentional and schedule a tour to speak with residents and look at what could possibly be the Black Historic District. Sharon Killian believed Council Member Jones was right. She briefly spoke of building the district. Council Member Bunch suggested the item be tabled indefinitely and the council have an update in two months. Council Member Hertzberg questioned what kind of additional support Britin Bostick might need from the council to further the initiative for bringing something forward in the future. Britin Bostick explained how the Historic District Commission did not want to wait on some of the action items outlined in the proposal and had asked for some of the items to be processed. She questioned what action items in the plan the council wanted to see implemented and if there were partnering opportunities that could go along with the implementation. Council Member Berna acknowledged the hardships the African American community had faced. He believed the council needed to look at the legal ramifications and would like for the request to be tabled indefinitely while having follow ups. Council Member Jones requested a resolution be made to collaborate with Sharon Killian, the NWA Black Preservation Commission, City Attorney Kit Williams and Britin Bostick to create a Historic Black District. He would like to see a tour of the proposed area be done. Council Member Turk believed the request was important and suggested the city work toward creating a timeline and a strategy for creating a Black Historic District. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes June 06, 2023 Page 11 of 14 Council Member Wiederkehr believed updates to the council were appropriate but did not believe three months would be enough time to gather all the details for the request. Council Member Hertzberg was not comfortable drafting a resolution at the meeting as Council Member Jones suggested. She requested he get with City Attorney Kit Williams to create something about the creation of the district. Council Member Jones believed the council should set a target date. He stated that if three months was a problem, the council could make it indefinitely and present the item when it was ready. There was brief discussion between Mayor Jordan and Council Member Jones on putting everyone together to develop a resolution. There was discussion between Council Member Jones and Sharon Killian on what a reasonable amount of time would be for a plan to be strategized and brought back to council. It was decided the request would be tabled for three months and if more time was needed it could be tabled again. City Attorney Kit Williams requested commitment that he would be working with the council members of that ward. Council Member Jones agreed. Council Member Jones moved to table the resolution to the September 05, 2023 City Council meeting. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the 0910512023 City Council meeting. Amendment - §166.25 (UDC): An ordinance to amend § 166.25 Commercial, Office and Mixed - Use Design and Development Standards of the Unified Development Code to clarify that cross access between properties is required. City Attorney Kit Williams read the ordinance. Britin Bostick, Long Range Planning/Special Projects Manager gave a brief description of the ordinance. She stated the Planning Commission recommended the item to council with a vote of nine in favor and there had been no public comment received. City Attorney Kit Williams thanked the Planning Department and briefly spoke of the work the City Attorney's Office and the Planning Department had done to update the city's code. There was brief discussion between Britin Bostick and Council Member Harvey on what the term cross access meant. Britin Bostick stated cross access was used to get vehicles across multiple properties in a safer route. Council Member Bunch 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 Member 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteviIle-ar.gov City Council Meeting Minutes June 06, 2023 Page 12 of 14 Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. 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 Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. Ordinance 6667 as Recorded in the office of the City Clerk Amendment - §130.23 (False Alarm Reduction): An ordinance to amend § 130.23 False Alarm Reduction of the Fayetteville Code to simplify and clarify certain provisions and reduce some fees for service. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. 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 Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. Ordinance 6668 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 June 06, 2023 Page 13 of 14 Planned Zoning District-2023-0002: (Southeast of W. Martin Luther King Jr Blvd and S. Smokehouse Trail/Sweet Bay at Kessler, 596): An ordinance to approve a Residential Planned Zoning District entitled PZD-2023-002 for approximately 4.49 acres located southeast of West Martin Luther King, Jr. Boulevard and South Smokehouse Trail in Ward 1. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated there had been public comment in the form of inquiries on the request, but none had been in support or opposition. He stated staff recommended in favor of the request and the Planning Commission felt similarly, forwarding it to council unanimously in favor. He noted Gavin Smith was present as the applicant. Gavin Smith, Applicant briefly spoke of the proposal and believed it would be an appropriate use of the land. Council Member Harvey and Council Members Jones had heard no public comment on the request. There was brief discussion between Council Member Harvey and Jonathan Curth regarding access to the property. Jonathan Curth explained that the proposal showed access to the property directly from Martin Luther King JR. Boulevard. Council Member Moore briefly spoke of Hoot Owl Trail and where it would connect to Martin Luther King Jr. Boulevard and questioned how far the distance would be. Jonathan Curth stated that after reviewing the parcel lines, it would be between 300 to 500 feet. Council Member Wiederkehr loved the proposed tree preservation and the smaller dwelling sizes. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. 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 Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes June 06, 2023 Page 14 of 14 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Hertzberg, Harvey, Jones, Moore, Wiederkehr voted yes. Council Member Turk was absent for the vote. Ordinance 6669 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff announced that June 91" through June 1lt" would be a free fishing weekend at Lake Fayetteville. City Attorney Kit Williams announced he would be on vacation and would not be present at the next City Council Meeting. City Council Agenda Session Presentations: Sales Tax Report - Paul Becker and Energy Report - Peter Nierengarten Fayetteville Arts Council Presentation - Abby Hollis Cite• Council Tour: None Adjournment: 9:02 p.m. „Cion6ld Jordan, yor Kara Paxton, City ,,01411 n r qh1/i ��%G\,tiRK UT Y k Trea rer =v -v 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov