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HomeMy WebLinkAbout2014-08-19 - Agendas - Final Alderman Adella Gray Alderman Justin Tennant Ward 1 Position 1 Ward 3 Position 1 ea Alderman Sarah Marsh Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion —_- / Alderman Rhonda Adams Ward 2 Position I Ward 4 Position I Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith Final Agenda City of Fayetteville Arkansas City Council Meeting August 19, 2014 A meeting of the Fayetteville City Council will be held on August 19, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Quarterly Financial Report—2nd Quarter 2014, Paul Becker, Finance Director Agenda Additions: A. Consent: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 1. Approval of the August 05, 2014 City Council meeting minutes. APPROVED 2. Evans Construction and Remodeling, LLC (898 S. Hill Avenue): A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of $39,765.00 for Community Development Block Grant Rehabilitation of an eligible residence located at 898 S. Hill Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 148-14 3. Justice Assistance and State Drug Crime Enforcement Grant: A resolution accepting the 2014-2015 Justice Assistance and State Drug Crime Enforcement Grant for Federal and State funding in the amounts of$73,705.16 and$111,529.83 respectively, as a portion of the funding for the 4th Judicial District Drug Task Force. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-14 4. B & H Photo Video: A resolution to award Bid #14-44 and authorize the purchase of components for a Location Production System from B&H Photo-Video Corp. in the amount of$26,971.13 for use by the Media Services Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-14 5. McClelland Consulting Engineers (Zion Road): A resolution to authorize an amendment to the contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $90,610.00 to provide for design and related services for sanitary sewer relocation and improvements along a portion of Zion Road, and to approve a Budget Adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-14 6. John Stalling Studio(Art Sculpture at the Marion Orton Recycling Drop Off Center): A resolution to authorize a contract with John Stalling Studio in the amount of$9,400.00 for an art sculpture to be installed at the Marion Orton Recycling Drop Off Center, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-14 7. CivicPlus(Website Redesign): A resolution to authorize a contract with Icon Enterprises, Inc. doing business as Civicplus in the amount of$65,714.00 plus applicable taxes for City website and intranet redesign and hosting, and to approve a project contingency in the amount of$6,571.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 8. New World Systems (Data Sharing Software Module): A resolution to authorize an amendment to the contract with New World Systems in the amount of $23,980.00 plus applicable sales tax for the addition of a data sharing software module to the existing Police Department records management system, and to authorize the mayor to sign memoranda of understanding with the cities of Rogers and Bentonville regarding the sharing of police records. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-14 9. Bid #14-43 Benchmark Construction: A resolution to award Bid #14-43 and authorize the mayor to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $42,879.48 for replacement of the driveway at Fire Station No. 1, and to approve a project contingency of$8,575.90. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-14 10. Master Street Plan Amendment: A resolution amending the Master Street Plan by removing the internal collector streets that were planned in the Southpass R-PZD 08-2898 and downgrading Finger Road from a collector to a local street from the intersection of Plumerosa Road South to the Mount Kessler area, as described and depicted in the attached map. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-14 B. Unfinished Business: 1. Enact Chapter 119 Civil Rights Administration: An ordinance to amend the Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the Civil Rights of Fayetteville citizens and visitors and to create the position of Civil Rights Administrator for the City of Fayetteville. This ordinance was left on the First Reading at the July 15, 2014 City Council meeting. This ordinance was amended and left on the Second Reading at the August 5, 2014 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5703 2. 2015-2019 Capital Improvements Plan(CIP): A resolution to adopt the 2015-2019 five- year Capital Improvement Plan. This resolution was tabled at the August 5, 2014 City Council meeting to the August 19, 2014 City Council meeting. THIS RESOLUTION WAS TABLED TO THE SEPTEMBER 2, 2014 CITY COUNCIL MEETING C. New Business: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov 1. VAC 14-4780 (1414 S. Happy Hollow Road): An ordinance approving VAC 14-4780 submitted by Blew & Associates for property located at 1414 S. Happy Hollow Road to vacate existing street right-of-way. THIS ORDINANCE WAS LEFT ON THE FIRST READING 2. VAC 14-4777 (McConnell and Drake): An ordinance approving VAC 14-4777 submitted by Jorgensen & Associates for property located at the northeast corner of McConnell and Drake to vacate an existing street right-of-way and portion of a utility easement. THIS ORDINANCE WAS LEFT ON THE FIRST READING 3. VAC 14-4768(Arlis Herriman 2622 East Golden Oaks Road): An ordinance approving VAC 14-4768 submitted by Arlis Herriman for property located at 2622 East Golden Oaks Road to vacate a portion of an existing utility easement, a total of 275 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5704 4. VAC 14-4776 (3535 North College Avenue): An ordinance approving VAC 14-4776 submitted by Jorgensen &Associates for property located at 3535 North College Avenue to vacate an existing utility easement, a total of 6,300 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5705 5. Gulley Land Purchase: A resolution to approve the attached Offer and Acceptance Contract in which the City agrees to purchase about 11 acres of land including two houses and any outbuildings from Mary L. Dunn for the amount of One Million One Hundred Thousand Dollars ($1,100,000.00), to authorize Mayor Jordan to sign all necessary documents for this purchase and to approve the attached budget adjustment. This item was moved before Unfinished Business. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-14 D. City Council Agenda Session Presentations: 1. Economic Development Quarterly Presentation-hung Tan, Chamber of Commerce E. City Council Tour: F. Announcements: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov Adjournment: 3:46 a.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium,give your name,address,and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor,Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one tum at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the mles by two- thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and,if an ordinance,read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant,etc.)may present its proposal only during this presentation period,but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed,but the public may submit photos,petitions,etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public,all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks,reflections as to integrity,abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor,must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings,a 72 hour advance notice is required. For further information or to request an interpreter,please call(479)575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain,Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting: August 19,2014 Adjourn: 6 �1 Subject: Roll /T Kinion Petty Tennant V/ Schoppmeyer Adams Long Gray Marsh ✓ Mayor Jordan _Q Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: August 19,2014 Subject: Consent Motion To: wove Motion By: Seconded: M Kinion Petty ✓ Tennant `^P� Schoppmeyer ✓ Adams �U.sa a Long r ®"/.'e`✓ Gray Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: August 19,2014 Subject: Enact Chapter 119 Civil Rights Administration Motion To: 3 Motion By: roaAL Seconded: B. 1 Kinion ✓ �/ Unfinished Petty Business Tennant ✓ Al Schoppmeyer ✓ h Adams ✓ Long ✓ Gray / Marsh Mayor Jordan g-o G -A Subject: 2015-2019 Ca ital Improvements Plan (CIP) Motion To: Motion By: Seconded: B 2 Kinion Unfinished Petty '® Business Tennant ✓ n Schoppmeyer ✓ t)d '&J Adams ✓ dv Long ✓ 9/a11� Gray Marsh Mayor Jordan City Council Meeting: Subject: Pj r.F �iVI1 +S/B dj�ip iSfe"a-�i9n Motion To: �} vme 6jmw d l�wn9 a" 6l U0d�`7ewt � Nnin,w�to Motion By: T2nn� Seconded: L \1 QQ Kinion ✓ �/ �/ u. 1. Petty ✓ ✓ A/ Ugj;nisW Tennant ✓ / ,/ Al &Oinma Schoppmeyer ✓ ✓ r✓ /V Adams ✓ ✓ /✓ Long ✓ / �/ ✓ Gray ✓ ✓ /� /V Marsh Mayor Jordan 90 Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan City Council Meeting: August 19,2014 Subject: VAC 14-4780 (1414 S. Happy Hollow Road) Motion To: Motion By: Seconded: C. 1 Kinion New Petty Business Tennant n Schoppmeyer � -t an Adams j/o,�4 Long `2 im f Gray Marsh Mayor Jordan Subject: VAC 14-4777 (McConnell and Drake) Motion To: Motion By: Seconded: C. 2 Kinion New Petty Business Tennant Schoppmeyer Adams ±� Long Gray Marsh Mayor Jordan City Council Meeting: August 19,2014 Subject: VAC 14-4768 (Arlis Herriman 2622 East Golden Oaks Road) Motion To: /p /f f GGA Motion By: l /On 47 Seconded: 14 y)a�oh4 C. 3 Kinion �/ ` ✓ New Petty ✓ ✓ v� Business Tennant ✓ Schoppmeyer ✓ ✓ e/ �a,,,,,f Adams ✓� +� +✓ �"r` Long ✓ ,, "® Gray ✓ Marsh toe,— Mayor Jordan 2- 0 Subject: VAC 14-4776 (3535 North College Avenue) Motion To: And " ri Rua Motion By: Seconded: p C. 4 Kinion / d New Petty Business Tennant ✓ `✓ Schoppmeyer J Adams ✓ Vol .• Long ✓ °P Gray ✓ "� Marsh GJ' Mayor Jordan City Council Meeting: August 19,2014 Subject: Gulley Land Purchase Motion To: Motif 4v Un tni J 6A4,, rade Motion By: Seconded: Tenn C. 5 Kinion New Petty ✓ Business Tennant Schoppmeyer ✓ Pte_ Adams Long ✓ Gray '� G Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Tennant Schoppmeyer Adams Long Gray Marsh Mayor Jordan DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney TO: Mayor Jordan Patti Mulford Paralegal THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: August 20,2014 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of August 19, 2014 with 9. Enact Chapter 119 Civil Rights Administration passed on August 20,2014 1. Evans Construction and Remodeling, LLC (898 S. Hill Avenue): A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of$39,765.00 for Community Development Block Grant Rehabilitation of an eligible residence located at 898 S. Hill Avenue. 2. Justice Assistance and State Drug Crime Enforcement Grant: A resolution accepting the 2014-2015 Justice Assistance and State Drug Crime Enforcement Grant for Federal and State funding in the amounts of$73,705.16 and $111,529.83 respectively, as a portion of the funding for the 4th Judicial District Drug Task Force. 3. B & H Photo Video: A resolution to award Bid #14-44 and authorize the purchase of components for a Location Production System from B&H Photo-Video Corp. in the amount of $26,971.13 for use by the Media Services Division. 4. McClelland Consulting Engineers (Zion Road): A resolution to authorize an amendment to the contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $90,610.00 to provide for design and related services for sanitary sewer relocation and improvements along a portion of Zion Road, and to approve a Budget Adjustment. 5. John Stalling Studio (Art Sculpture at the Marion Orton Recycling Drop Off Center): A resolution to authorize a contract with John Stalling Studio in the amount of$9,400.00 for an art sculpture to be installed at the Marion Orton Recycling Drop Off Center, and to approve a budget adjustment. 6. CivicPlus (Website Redesign): A resolution to authorize a contract with Icon Enterprises, Inc. doing business as Civicplus in the amount of $65,714.00 plus applicable taxes for City website and intranet redesign and hosting, and to approve a project contingency in the amount of $6,571.00. 7. New World Systems (Data Sharing Software Module): A resolution to authorize an amendment to the contract with New World Systems in the amount of $23,980.00 plus applicable sales tax for the addition of a data sharing software module to the existing Police Department records management system, and to authorize the mayor to sign memoranda of understanding with the cities of Rogers and Bentonville regarding the sharing of police records. 8. Bid #14-43 Benchmark Construction: A resolution to award Bid#14-43 and authorize the mayor to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $42,879.48 for replacement of the driveway at Fire Station No. 1, and to approve a project contingency of$8,575.90. 9. Enact Chapter 119 Civil Rights Administration: An ordinance to amend the Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the Civil Rights of Fayetteville citizens and visitors and to create the position of Civil Rights Administrator for the City of Fayetteville. 10. Gulley Land Purchase: A resolution to approve the attached Offer and Acceptance Contract in which the City agrees to purchase about 11 acres of land including two houses and any outbuildings from Mary L. Dunn for the amount of One Million One Hundred Thousand Dollars ($1,100,000.00), to authorize Mayor Jordan to sign all necessary documents for this purchase and to approve the attached budget adjustment. 2 City Council Meeting Minutes August 5,2014 Page 1 of 15 Alderman Adella Gray Alderman Justin Tennant Ward 1 Position l Ward 3 Position l Alderman Sarah Marsh a Alderman Martin W. Schoppmeyer,Jr. Ward 1 Position 2 Ward 3 Position 2 Alderman Mark Kinion / Alderman Rhonda Adams Ward 2 Position 1 Ward 4 Position 1 Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting August 05, 2014 A meeting of the Fayetteville City Council was held on August 05, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Alderman Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council MeetinE Presentations, Reports and Discussion Items: Bi-Monthly Report on Public Transit in Fayetteville Joel Gardner, Executive Director of Ozark Regional Transit gave a report on public transit in Fayetteville. He stated that fixed route ridership and paratransit ridership have increased. He attributes the increase to the use of the paratransit software and the new routes that have been instilled in the City of Fayetteville. He stated a service that is being used is a new route that goes from West Fork to Farmington bringing riders into the Fayetteville area. He stated that the routes are going very well and appreciates the support from City Council. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 2 of 15 Agenda Additions: None Consent: Approval of the July 15, 2014 City Council meeting minutes. Approved Devol Aviation, Inc.: A resolution to approve a five year lease for the airport hangar at 4158 South School Avenue to Devol Aviation, Inc. for a rent of$1,700.00 per month with biennial rent adjustments to begin retroactively on July 1, 2014. Resolution 136-14 as recorded in the office of the City Clerk. General Improvement Fund Grant: A resolution to authorize acceptance of a General Improvement Fund Grant in the amount of$34,500.00 for snow equipment parts and snow plow replacement, and to approve a budget adjustment. Resolution 137-14 as recorded in the office of the City Clerk. Bid#14-41 Central Salt Company: A resolution to award Bid#14-41 and authorize the purchase of crushed rock salt from Central Salt Company in the amount of $106.16 per ton, as needed through July 31, 2015. Resolution 138-14 as recorded in the office of the City Clerk. Bid #14-42 Vance Brothers, Inc.: A resolution to award Bid #14-42 and authorize a contract with Vance Brothers, Inc. in the amount of $256,480.00 plus a contingency of $25,648.00 for Asphalt Micro-Surfacing of city streets. Resolution 139-14 as recorded in the office of the City Clerk. Darrell Froud Lease Agreement: A resolution to approve a lease agreement with Darrell Froud for about 54.5 acres of city park land for the sole purpose of cutting hay for the amount of $100.00 per year. Resolution 140-14 as recorded in the office of the City Clerk. 2015 Arkansas Outdoor Recreation Grant: A resolution to authorize an application for a 50150 matching grant, through the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program, in the amount of$250,000.00 for improvements at the Fayetteville Regional Park. Resolution 141-14 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 3 of 15 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in an amount not to exceed $328,200.00 for engineering design related to the Cato Springs Trail. Resolution 142-14 as recorded in the office of the City Clerk. Community Development Block Grant: A resolution to approve a budget adjustment in the total amount of $23,484.00 recognizing a 2014 Community Development Block Grant Revenue Increase. Resolution 143-14 as recorded in the office of the City Clerk. Arkansas State Highway and Transportation Department Change Order No. 14: A resolution to approve a payment of$104,142.96 to the Arkansas State Highway and Transportation Department representing the City's portion of construction costs related to Change Order No. 14 for improvements to State Highway 16, and to approve a budget adjustment. Resolution 144-14 as recorded in the office of the City Clerk. AEP-SWEPCO Agreement: A resolution to grant Mayor Jordan the authority to negotiate and to approve a utility work agreement with AEP-SWEPCO in an amount not to exceed $86,330.41 for utility relocation and underground installation necessary for public safety and esthetics related to the Spring Street Parking Deck Project. Resolution 145-14 as recorded in the office of the City Clerk. SWEPCO Utility Easements: A resolution to authorize the transfer of utility easements to SWEPCO for the relocation of power lines on city owned property near the corner of W. Watson Street and Campbell Avenue. Resolution 146-14 as recorded in the office of the City Clerk. 2015 Employee Benefits: A resolution to approve the 2015 Employee Benefits Package. Resolution 147-14 as recorded in the office of the City Clerk. Alderman Marsh moved to approve the Consent Agenda as read. Alderman Long seconded the motion. Upon roll call the consent agenda passed unanimously. Unfinished Business: RZN 14-4729 (Cato Springs Rd./Chambers Bank): An ordinance rezoning that property described in rezoning petition RZN 14-4729, for approximately 253.23 acres, located along Cato Springs Road adjacent to the City's Regional Park property from R-PZD, Residential Planned Zoning District Southpass 08-2898, to UT, Urban Thoroughfare, CS, Community Services, and 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 4 of 15 NC, Neighborhood Conservation. This ordinance was left on the First Reading at the July 15, 2014 City Council meeting. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services stated that the item was presented at the Ward meeting at the Senior Activity Center and at the Environmental Action Committee meeting. Alderman Marsh: The Environmental Action Committee voted unanimously to recommend approval of the rezoning. Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5700 as Recorded in the office of the City Clerk Enact Chapter 119 Civil Rights Administration: An ordinance to amend the Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the Civil Rights of Fayetteville citizens and visitors and to create the position of Civil Rights Administrator for the City of Fayetteville. This ordinance was left on the First Reading at the July 15, 2014 City Council meeting. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Petty seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Petty: Thank you Council for considering this and for the work from the City Attorney office. I ask that we leave this on the second reading tonight and vote on this August 19, 2014. There might be other amendments to present at the next Agenda Session. I brought this forward because I am against discrimination. Fayetteville has a history of doing the right thing and this is an opportunity to get a new law passed. Jeremy Flannigan, Pastor of Pathway Baptist Church, 1736 North Cannondale Drive stated he has concerns about the language in defining who a business enterprise is and who a place of public accommodation is. He stated that both sections would include a church. He believes First Amendment rights could be challenged. He spoke in opposition of the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 5 of 15 Duncan Campbell, 2804 Rutledge stated he appreciates the City of Fayetteville and that it is one of the best communities he has ever been in. He stated he has always been treated fairly and does not think there is a big problem in the City of Fayetteville with discrimination.He believes enacting this ordinance will cause a lot of problems. He spoke in opposition of the ordinance. Andy Wilson, Executive Pastor at Cross Church, 3484 West Wedington Drive believes the ordinance is dangerous to First Amendment freedoms. He stated it poses a threat to public safety and to private rights. He stated it offers no protection for people of faith in their individual business transactions. He spoke in opposition of the ordinance. Gladys Tiffany, Director of Omni Center for Peace, Justice and Ecology stated she would like to speak for the amendment and thanked the City Council for agreeing to consider this. She stated she does not believe it is a necessity to consider the ordinance a First Amendment issue. She stated the ordinance is intended to address some general issues to allow Fayetteville to take the high road in a lot of different cases. She stated bringing up issues that have to do with faith doesn't really cause this ordinance to be called into question. Alderman Tennant: I don't know the background of the Omni Center. Do you work with people that bring discrimination to you? Gladys Tiffany: No, we do group organizing. We do a lot of different projects and activities that reach across race, class and gender lines. We have the opportunity to work with these people and they tell us where they are suffering these discrimination issues. Alderman Tennant: If you hear of a discrimination issue, is there some recourse that you help them with or is it just between the two of you? Gladys Tiffany: No one has ever asked me to help them with that. There have been many times I could give them ideas about where they could take that issue. We give some kind of support, but we don't actually deal with those ourselves. Alderman Tennant: Are you saying if this were to pass, this would be a recourse you could use for those people or help those people somehow? Gladys Tiffany: I am not entirely sure. I think what I see this ordinance helping with is people can see their issues are something their city is interested in addressing. They can see they have a place in our city. Charlie Collins, State Representative for East Fayetteville, 3225 Piper Glen stated he thinks the city does a wonderful job of balancing different points of view in different areas. He stated if we take a far reaching statement that is based on things like individual perceptions, which could be different from person to person and make legal situations out of perceptual differences across a wide range of potential violations, we could have a chilling effect on the employment situation in our city. He asked the City Council to see if there is a way to accomplish the objective of reinforcing the commitment to non-discrimination and diversity without putting the city into a 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 6 of 15 position where businesses that hire people decide let's not do that in Fayetteville, let's go grow jobs somewhere else. Alderman Tennant: At the state level,are you satisfied with the current way citizens in Arkansas can come forward if they feel discriminated against? Charlie Collins: Yes I am. The reason I say that is because when people come to me with an issue or problem, there is some uniqueness to it. People may not know the proper appeal process, but helping them to discover what the process to appeal is, may be enough often times to help people solve their problems. Alderman Tennant: Those resolutions come from agencies that already exist and are paid for by the taxpayers? Charlie Collins: Yes sir. If there was something falling through the cracks, I would be ringing a bell on that. Valerie Biendara, Fieldstone Avenue stated she was shocked when hearing about the ordinance. She stated the ordinance impinges on the Christian faith. She stated there will be potential lawsuits and taxpayers will have to pay for it. She stated there are many other needs in the city and would rather see money spent on the library, trails and parks. She spoke in opposition of the ordinance. David Garcia, 257 Thompson Avenue stated the arguments about religious liberty makes him nervous. He stated he knows what that liberty has been used for in the past and it has not been for good things. He stated as a Catholic he doesn't feel threatened by the ordinance. Paul Phaneuf, Aqua Crossing stated Northwest Arkansas is a great place to live. He stated the ordinance was an assault on individual and religious liberty. He stated he doesn't question the intention behind the bill and doesn't believe anybody is in favor of discrimination that is intended to harm. He believes if the ordinance passes, the city will see lawsuits and the city runs the risk of non-violent civil disobedience. He stated liberty trumps political correctness. Becky Heppner, Calvary Chapel, 385 Sunbridge stated she is concerned about the proposed ordinance because it does not protect First Amendment rights. Michael Collins, 1625 North Giles Road stated he is concerned about the ordinance and the numerous problems. He stated this is a nightmare of relativism versus natural law. He stated you are not asking us to change a law or look at an ordinance, you are asking us to change our fundamental paradigm of an American life. He stated you are asking us to remove the rules of natural law, place it squarely in relativism and wait for those in elite academia to tell us what's right tomorrow. He stated this is an abomination as an American citizen who values freedom and liberty. Richard Tiffany, 105 North Willow stated Arkansas is one of two states that doesn't have a Civil Rights Commission at the state level. He stated this bill would show there is a need for one. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 7 of 15 Rosa Edwards,Lee Street believes Fayetteville is one of the most open and tolerant communities. She stated Fayetteville has a long history of resolving issues peacefully and opposes the ordinance because it brings up divisiveness. She stated Arkansas may not have a Civil Rights Commission, but the states that do are facing significant legislation. Charles Watson, 11 East Davidson Street stated his mission in life is to illustrate compassion as a pathway to peace and hope. He asked for the ordinance to be passed. Rick Cochran, 571 North Cedar Ridge Lane stated there is backing coming from outside of our area for this type of legislation. He stated Fayetteville has been targeted as one of the towns they wish to try and persuade to enact this type of legislation. He asked for his freedom to be protected. Debbie Beckerdite, Starr Drive stated the ordinance is dangerous to the First Amendment freedoms and discriminatory against people of faith. She stated it poses a threat to public safety and privacy rights. She asked for the ordinance to be withdrawn in its entirety. Peter Tonnessen, 3500 Hearthstone Drive stated this ordinance appears to be a solution in search of a problem. He stated he has concerns about the definitions in the ordinance. He believes the ordinance is incredible overkill that attacks him in some of his most fundamental rights of religion, association and speech. He doesn't see the need for it in Fayetteville and asked for the ordinance to be rejected. Anne Hanna Newell,stated we have a responsibility to our generation that is following us to make sure their rights are preserved and protected without policing them by an overreaching governmental official. She stated the City of Fayetteville has always listened to the will of the people. Randy Alexander lives in Springdale, but part of his legislative district includes portions of Fayetteville. He stated the Bill of Rights guarantees individual liberties. He stated many of the issues are being debated over a difference of the idea of fairness and equality. He believes the city is inviting lawsuits. He asked Council to vote against the ordinance. Rex Griffin, 2131 Honeysuckle stated Fayetteville is a great place to live. He asked if we are prepared to watch the mother of a five year old child be prosecuted for trying to protect the values she holds for her child or watch a pastor and his church be prosecuted for believing differently than others. He stated much of what we are discussing tonight are not issues of equality, but of morality. He stated that no one here tonight has said anything about wanting to see people discriminated against, but no one should be given a special class of rights that would supersede other people's individual liberties. Alderman Petty stated everybody feels passionately about this and appreciates that. He stated he would like to make some amendments to sections 119.02, 119.06 and 119.07.He read the proposed amendments. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 8 of 15 Alderman Petty moved to amend section 119.02 Definitions, 119.06 City Services, Facilities, Transactions and Contracts & 119.07 New Subsection (I) of the ordinance. Alderman Long seconded the motion. Jeremy Flannigan, Pastor of Pathway Baptist Church, 1736 North Cannondale Drive stated there is not any amendment that will comprehensively fix the major flaws in this ordinance. He stated you can make as many list and exceptions as you want, but eventually there will be something that we would be required to do that would go against what we want to do. He believes the amendment falls short of protecting all people. Mayor Jordan: The attempt is to make an amendment or it stays like it is. Jeremy Flannigan: If the Council votes for the amendment, I still see the Council voting for a bad law. A vote for an amendment to try and carve out a niche for churches is still a vote for a bad law and a vote that will infringe on individual liberties of faith. Mayor Jordan: I want to be sure. You are against the amendments? Jeremy Flannigan: I am against both. Alderman Petty: I don't expect anybody who spoke tonight against this to support this ordinance because of this amendment. Emile Phaneuf, Fayetteville citizen stated it is what it is. Duncan Campbell, stated he appreciated the attempt to fix the ordinance, but nothing is going to fix it. Alderman Petty: Mayor, I move we call a vote on the amendment. City Attorney Kit Williams: It requires two thirds vote in order to cut off discussion to get to the vote. What you would be doing is ending discussion. Alderman Tenant: Matthew, you are wanting to end public comment? Alderman Petty: I think we are hearing that this amendment isn't going to fix it and we are going to hear that over and over again. We aren't having substantial discussion on the amendments themselves. Alderman Petty called for a vote on the amendment and end public comment. Alderman Kinion seconded the motion. Upon roll call the motion failed 5-3 Alderman Gray, Marsh, Kinion, Petty and Long voting yes. Alderman Tennant, Schoppmeyer, and Adams voting no. Mayor Jordan did not vote. (To call for a vote on the amendment and end public comment a vote of two thirds of the Council was needed,which was not received therefore the motion failed.) 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 9 of 15 Michael Collins, 1625 North Giles Road spoke in opposition of the amendments. Doug Paschal, 18518 Duncan spoke in opposition of the amendments. Valerie Biendara, Fieldstone Avenue spoke in opposition of the amendments. Gladys Tiffany, Director of Omni Center for Peace, Justice and Ecology spoke in favor of the amendments. Wendy Campbell, 1208 West Rutledge Lane requested to hear the amendments again. City Attorney Kit Williams read the proposed amendments. Wendy Campbell: Did this proposed amendment come forth because of the problems with the ordinance that we first discussed? City Attorney Kit Williams: Yes, this was an extremely long ordinance. You wouldn't believe how long it was when it first entered my office. It was a model ordinance drafted by the Human Rights Commission and it had many pages and sections, some of which we needed to remove because they were not properly legal or constitutional in my opinion. Being as long as it is, there are stilt refinements that need to be made. There were some good points made tonight and that is one of the reasons I am going to propose to the City Council another amendment once this one is voted on. City Council, whether you approve this law overall or not, it should be made as constitutional and legal as you can make it, even if you eventually are going to vote it down. It makes no sense to say it's a bad law, let's keep it bad because then we will have to vote it down. The overall tenor of this is you can vote it down if you want too or vote it up. I am not a proponent of this or an opponent of it, I am just the attorney. I do recommend it be made as good as possible before you actually come to a final vote. Wendy Campbell stated she wanted to make sure when talking about religious institutions that it included mosque, synagogues and churches and that all these people have a constitutional right to decide how their facilities will be utilized. City Attorney Kit Williams: You might ask our representatives of the state whether they ever have amendments to any of their bills that come forward. At the city level we amend ordinances frequently because we look at them, hear from the public, react and try to make the ordinances better. Wendy Campbell spoke in opposition of the amendments. Larry Little, Pastor Westridge Freewill Baptist Church, 4596 West Wedington spoke in opposition of the ordinance and the amendments. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 10 of 15 Alderman Long: I didn't really understand. Did you think the amendment is a good idea or do you think that the ordinance is better without it? Larry Little: I think the ordinance as it's currently written is one of the most horrible ideas devised by political officials. The amendments as they are currently written are just as bad an idea. Becky Heppner, Calvary Chapel, 385 Sunbridge spoke in opposition of the amendments. Tony Blansett, Grove Avenue spoke in opposition of the amendments. David Garcia, 257 Thompson Avenue spoke in favor of the amendments. Bob Ballinger, Hindsville resident and State Representative for the Eastern part of Washington County spoke in opposition of the amendments. Alderman Adams: What is a statement of faith to an administrator that is administrating this law if it was to pass? Having been in several denominations, I kind of know what the statement of faith is. City Attorney Kit Williams: A statement of faith or beliefs is a term that was intended to be very broad. It would be something the church or synagogue would basically have a disagreement with. When an ordinance is drawn that is potentially called a penal ordinance, if you violate it then you can be prosecuted by the City Prosecutor and face a big fine. It is always construed in favor of the individual and against the government. This was intentionally drafted to be very broad so we wouldn't have the kind of problems that you are thinking about. Bob Ballinger: Any time you are taking away some sort of thing that would be interpreted as civil liberties, they tend to interpret those new laws in favor of more liberty. You would be forced into the situation as a church trying to demonstrate what our statement of faith is. If you don't have a written statement of faith, then at that point how do we demonstrate what our statement of faith is? City Attorney Kit Williams: This is something that would actually never come up. The only time this could possibly come up is if the group came to your church and said they wanted to use your chapel and your congregation felt like that was not appropriate. They could potentially come and complain to the Civil Rights Administrator who will try to mediate and see if there is any issue on that. I think it would be very easy for your church to say that it is beyond our statement of faith and beliefs to have them using our chapel. That's as far as it would go. Bob Ballinger: I understand that is your point. If you were the administrator you would probably be very reasonable. We don't know who we are granting that power and authority too. You have to define what statement of faith is before you move forward. City Attorney Kit Williams: It says statement of faith or beliefs. It would be pretty easy for the church to say our beliefs are not that this group should use our chapel. The Civil Rights Administrator has no power. The Civil Rights Administrator has power to investigate and 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 11 of 15 potentially say you have a good claim to go to the City Prosecutor. The City Prosecutor has complete discretion about whether or not he can prove beyond a reasonable doubt that someone has violated this. Bob Ballinger: As soon as a person is brought to court and they have chosen to decide whether this is going to proceed to the point where a City Prosecutor can bring it to court, you will have already had to retain an attorney. You would have to come up with some way to demonstrate this is not within your belief system. You put the burden on an institution of worship. Alderman Long: Do you think the amendment would be better if it left out statement of faith and just said beliefs? Bob Ballinger: I think the amendment would be better if it left out statement of faith and beliefs. Rosa Edwards, Lee Street spoke in opposition of the amendments. Alderman Adams: What designates or what requirement constitutes a religious or denominational institution? City Attorney Kit Williams: We chose the broadest terms we could for any religious institution so that all of them would be protected. If you can think of a broader term,you could suggest it and we will make it an even broader term. We tried to choose a term that would be understandable. Alderman Tennant: A lot of times on amendments like this, whether I agree with a lot of them or not, it is good to get to a final document to vote on. For us to get to a final thing to vote on, I think we need to write it in a final way. It may take weeks or months of fixing it. Alderman Long: As Chair of the Ordinance Review Committee we see ordinances that are all over the place and we try to bring them together to where we think we can reach some kind of consensus, no matter if it passes or not. Alderman Marsh: I think the amendment is good and addresses a lot of the concerns. It is put forth in the spirit of getting along and trying to respect each other's beliefs while also protecting the rights of people to employment,housing and public accommodation. I will be voting in support of the amendment. Alderman Adams: There are three sections of amendments. In 119.06 (B),would you explain all contractors doing business with the City of Fayetteville shall comply. All contractors doing business in the City of Fayetteville are not all City of Fayetteville businesses. How will this be managed? Alderman Petty: I don't know how it will be managed. I don't run the city. We have explicit authority over who we choose to do business with and requiring them to comply with some of our laws is something very typical of other cities of all level of governments. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 12 of 15 Alderman Adams: You would add some type of sentence to the process as we select contractors to see that they comply with this new law. Alderman Petty: I presume so. Alderman Gray: It seems like to me that it would just be complaint driven. A discussion followed about a non-discrimination statement being written for contractors to comply with the proposed amendment. Don Marr, Chief of Staff: The topic you are talking about is actually not within the current amendment. Either you need to make an amendment that talks about changing that contractors section or you need to do that as a next amendment to maintain point of order. A discussion followed regarding an amendment to section 119.07 of the ordinance and adding this additional amendment to the current amendment on the floor. Michael Collins spoke in opposition of the amendment. Paul Phaneuf spoke in opposition of the amendment. Alderman Marsh stated she thought the amendment was getting too broad. A discussion followed regarding the terminology of the amendment. Alderman Adams moved to amend the amendment on the floor and add an additional amendment to section 119.07. Alderman Long seconded the motion. Upon roll call the motion to amend passed 7-1. Alderman Marsh voting no. Alderman Petty moved to amend section 119.02 Definitions, 119.06 City Services, Facilities, Transactions and Contracts & 119.07 New Subsection (I) of the ordinance. Alderman Long seconded the motion. Upon roll call the motion to amend passed unanimously. City Attorney Kit Williams: Thank you to Reverend Flannigan who emailed Alderman Long, who forwarded the email to me. I read his email and I looked back at section 119.05 (A.2) and the concerns Reverend Flannigan had were well taken. I want to confirm to him that churches are covered by many parts of this ordinance through public accommodations section. This particular subsection two goes too far in the way it is like a prior restraint on freedom of expression which is always frowned upon by the courts. I would recommend this subsection two be removed in full and 119.05 would have no sections, but have the remaining language that is now in (A.1). Alderman Petty: I have a deep respect for our City Attorney's opinion. l appreciate him bringing these things to our attention and I always try to follow his advice. City Attorney Kit Williams gave an overview of 119.05 (A.2)he recommended to be removed. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 13 of 15 Emile Phaneuf spoke in opposition of the amendment. Jeremy Flannigan spoke in favor of the amendment, but is against the whole ordinance. City Attorney Kit Williams: The intent of the ordinance was to be very broad, but it's actually been narrowed. Alderman Adams moved to amend the amendment to remove 119.05 (A.2). Alderman Long seconded the motion. Upon roll call the motion passed unanimously. Alderman Petty: There is this idea there isn't discrimination or because I as a sponsor of the ordinance won't point to something specific, that it is not needed. This idea that I am going to either disclose someone who has lodged a complaint and expose them to public scrutiny or expose a business or another association that has had an alleged complaint to public scrutiny is a farce. I would not do that. I think this ordinance is needed because there is discrimination here and I am against it. Alderman Marsh: I am ashamed there is so much darkness in the hearts of this community. I had no idea there were so many people eager to discriminate or protect their right to discriminate. What I saw were young people that were sitting at these first two seats, people of color, people from different religions, different cultures and different genders and they left after hearing the hateful statements from people in this community. I want to let the citizens of Fayetteville know that your elected representatives want to hear from you and we need to speak out for compassion, tolerance and against discrimination. This ordinance was amended and left on the Second Reading. New Business: RZN 14-4763: Rezone (Southeast Corner Gregg Ave. & Ash St./Candlelight Place Apts.): An ordinance rezoning that property described in Rezoning Petition RZN 14-4763, for approximately 0.94 acres, located at the southeast corner of Gregg Ave. and Ash St. from RSF-4, Residential Single Family, 4 units per acre, to RMF-24, Residential Multi Family, 24 units per acre. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. The Planning Commission voted unanimously in support of the request. Staff is recommending approval of the request. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 14 of 15 Alderman Petty moved to suspend the rules and go to the third and final reading. Alderman Adams seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5701 as Recorded in the office of the City Clerk. ADM 14-4720 (Updates to the Drainage Criteria Manual and UDC Amendments): An ordinance to amend §156.04 Stormwater Drainage and Erosion Control; Chapter 169 Physical Alteration of Land; Chapter 170 Stormwater Management, Drainage and Erosion Control, and Chapter 179 Low Impact Development of the Unified Development Code. City Attorney Kit Williams read the ordinance. Sarah Wrede, Staff Engineer gave a brief description of the ordinance. The manual and ordinance revisions were recommended unanimously by the Planning Commission and the Environmental Action Committee. Alderman Gray: This is a very large problem in our city. All of us get calls about this all the time. I appreciate that staff is trying to make it better. Mayor Jordan: They have done an excellent job on this. It is something we have wanted to do for a while. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Alderman Gray moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5702 as Recorded in the office of the City Clerk 2015-2019 Capital Improvements Plan (CIP): A resolution to adopt the 2015-2019 five-year Capital Improvement Plan. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 5,2014 Page 15 of 15 Paul Becker, Finance Director gave a brief description of the resolution. Alderman Long: I have emailed several different department heads about different things in the budget and I haven't heard back yet. I would like to ask Council to table this until August 19th. Alderman Long moved to table the resolution to the August 19, 2014 City Council meeting. Alderman Tennant seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the August 19, 2014 City Council meeting. City Council Agenda Session Presentations: Discussion of the Capital Improvement Plan—Paul Becker, Finance Director City Council Tour: None Announcements: Don Marr, Chief of Staff: The last Gulley Park concert is Thursday, August 7, 2014 at 7:00 p.m. It is the Ben Miller band. Adjournment: 8:40 p.m. Lioneld Jordan, Mayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov mfg GULLEY PARK �r