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HomeMy WebLinkAbout2018-10-02 - Minutes -Council Member Adella Gray Ward 1 Position I Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting October 2, 2018 City Council Meeting Minutes October 2, 2018 Page 1 of 18 Council Member Justin Tennant Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member John La Tour Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on October 2, 2018 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 Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Atinouneetnents Proclamations and Recognitions: None City Council Meeting Presentations Reports, and Discussion Items: Monthly Financial Re ort - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. ORT -Ozark Regional Transit - Periodic Report Jeff Hatley, Ozark Regional Transit Public Information Officer gave a brief presentation of ORT's Periodic Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 2 of 18 Agenda Additions: None Consent: Open Avenues, Inc.: A resolution to approve a lease agreement of a portion of the airport with Open Avenues, Inc. Resolution 203-18 as recorded in the office of the City Clerk Upchurch Electrical Supply Company: A resolution to authorize the purchase of a variable frequency drive from Upchurch Electrical Supply Company, a division of Mayer Electric Supply Company, Inc. in the amount of $18,468.51 plus applicable taxes for use at the Hamestring Lift Station. Resolution 204-18 as recorded in the office of the City Clerk Allgeier, Martin and Associates, Inc.: A resolution to approve Supplemental Agreement No. 2 with Allgeier, Martin and Associates, Inc. in an amount not to exceed $35,000.00 for additional electrical engineering services associated with electrical work at the Noland Water Resource Recovery Facility. Resolution 205-18 as recorded in the office of the City Clerk Windstar Investments, LLC: A resolution to approve an agreement with Windstar Investments, LLC d/b/a Roll Off Dumpsters for the hauling of solid waste and recyclable material in the City of Fayetteville. Resolution 206-18 as recorded in the office of the City Clerk Marck Recycling and Waste Services of NW Arkansas, LLC: A resolution to approve an agreement with Marck Recycling and Waste Services of NW Arkansas, LLC for the hauling of solid waste and recyclable material in the City of Fayetteville. Resolution 207-18 as recorded in the office of the City Clerk Board of Trustees of the University of Arkansas: A resolution to approve a Services Agreement with the Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas for Medical Sciences' Psychiatric Research Institute, Arkansas Employee Assistance Program for employee assistance program services for Police, Fire, and Community Resources employees in the amount of $26.00 per covered employee. Resolution 208-18 as recorded in the office of the City Clerk RFQ 18-09 IMS Infrastructure Management Services, LLC: A resolution to award RFQ 18- 09 and authorize a contract with IMS Infrastructure Management Services, LLC for pavement 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 3 of 18 analysis and inventory services in the amount of $206,159.00, and to approve a project contingency in the amount of $15,000.00. Resolution 209-18 as recorded in the office of the City Clerk GameTime c/o Cunningham Recreation: A resolution to approve the purchase of bleacher covers from GameTime c/o Cunningham Recreation for the Kessler Mountain Regional Park Baseball Complex in the amount of $123,690.20, including the cost of installation, pursuant to a U.S. Communities National Cooperative Purchasing Program contract. Resolution 210-18 as recorded in the office of the City Clerk HARK at the Center for Collaborative Care: A resolution to approve an agreement with HARK at the Center for Collaborative Care for the establishment and management of the Help a Neighbor Fund, and to approve a budget adjustment in the amount of $5,000.00 to pay for the staff time utilized for the establishment and management of the fund. Resolution 211-18 as recorded in the office of the City Clerk Axon Enterprises, Inc.: A resolution to accept and agree to a quote from Axon Enterprises, Inc. for the purchase of body worn cameras and software pursuant to a National IPA contract in the amount of $6,787.84 for 2018-2019 and $2,910.36 annually for the following four years for a total of $18,429.28 and to authorize Mayor Jordan to sign this quote. Resolution 212-18 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gray seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 18-6317 (West of Markham Rd./Markham Hill): An ordinance to rezone that property described in rezoning petition RZN 18-6317 for approximately 119.43 acres located west of Markham Road from RSF-4, Residential Single Family, 4 units per acre and C-PZD, Commercial Planning Zoning District to rezone approximately 75.42 acres to RI -U, Residential Intermediate - Urban and approximately 44.01 acres to R -A, Residential Agricultural, subject to a Bill of Assurance. At the September 18, 2018 City Council meeting this ordinance was left on the first reading. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 vwvw.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 4 of 18 Seth Mims, Applicant spoke briefly about his proposed project. He stated he went to a lot of effort to ensure he used the tools the city adopted in developing the land use plan. He spoke about appropriate infill and discouraging sprawl. He stated his plan is adding housing supply to the city's urban core and combating the housing crisis. He spoke about traditional town form, livable transportation network, and the enduring green network. He spoke about the compatibility of his project for the area. He spoke about the current zoning not being functional, nor sustainable. He spoke about a conservation area and tree preservation. He stated his proposed land use is a permanent protection. He spoke about alternate traffic connections. Council Member La Tour: A neighbor that lives downhill from your proposed development wants to know what measure will this development take to mitigate runoff and the current flooding problem? Seth Mims: The current zoning is all on a hillside and trying to control storm water runoff on a hillside is virtually impossible. Almost the only thing you can do is to put it in a concrete pipe and shoot it downhill. It becomes somebody else's problem, which is not appropriate development. The right way to handle storm water is using low impact development techniques. When you are developing on a hilltop you can accomplish that and manage the water before it shoots down the hill. This proposal is much more favorable than the current zoning. There was a brief discussion about low impact development techniques. Mayor Jordan gave the rules for public speaking. Edward Hejtmanek, 1622 Markham Road spoke in opposition of the ordinance. Ethel Simpson, 409 North Oliver spoke in opposition of the ordinance. Margaret Holcomb, 548 Gray spoke in opposition of the ordinance. Tom Overbey, 1855 West Pratt stated if Markham Hill could be preserved it would be wonderful, but doesn't know if it's feasible. He stated he's not speaking against it, but if it doesn't work out, the proposal before City Council needs to be considered. Marquette Bruce, 741 North Lewis Avenue spoke in opposition of the ordinance. Don Bennett, 1231 West Deane Street spoke in favor of the ordinance. Lynn Wade, 100 North Sang requested for a slower process and an environmental study to be done. He stated he is concerned about creeping commercialism. John Elrod, 2715 North Sherwood spoke in favor of the ordinance. Lee Anne Wiederkehr, 445 North Mock Avenue stated she is for the project and against the project at the same time. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 5 of 18 Council Member Marsh spoke briefly about the Bill of Assurance. She stated this is a land use decision about zoning and they are not allowed to look at specific development proposals. William Feldman, 16 North Sang spoke in opposition of the ordinance. Sarah Lewis, 1908 West Berry Street stated the land use decision is too important to leave it to a rezoning discussion. She spoke about her environmental concerns. Paul Maya, Citizen spoke in opposition of the ordinance. Josh Williams, 509 West Spring Street spoke in favor of the ordinance. Lisa Orton, 1663 West Halsell spoke in opposition of the ordinance. Kenneth Smith, Citizen stated he wasn't thinking of zoning so much, as the specific building Specialized Real Estate Group was proposing. He spoke about the items he agrees with. Steve Guinn, 1844 West Halsell stated his concerns about the development project. Brian Noland, 1652 West Markham Road spoke in opposition of the ordinance. Rob Karas, 1666 Halsell Road spoke in opposition of the ordinance. Council Member La Tour made a motion to give Rob Karas two additional minutes to speak. Council Member Smith seconded the motion. Upon roll the motion passed unanimously. Rob Karas continued to speak in opposition of the ordinance. John Coleman, Washington Avenue spoke about population growth and is in favor of the ordinance. Fran Alexander, Fox Hunter Road spoke in opposition of the ordinance. Joe Paul, 668 Gray Street: Can SREG still responsibly develop the land that's in the RSF-4 zoning right now? Mayor Jordan: I think they can, can't they? Garner Stoll: Certainly. It's zoned RSF-4 and it's got a Hillside Overlay District. They would have to meet all the requirements. They would have to go through the subdivision process, meet our tree ordinances, storm drainage retention requirements, and lot sizes. Joe Paul: Can the developer ask for variances along the way as he builds this development? Garner Stoll: Yes. The regulations are specific regarding what the Planning Commission can vary and what the Board of Adjustment would have to hear. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 6 of 18 Joe Paul: If the rezoning fails, how soon could the developer ask for another rezoning hearing? City Attorney Kit Williams: He can ask for another rezoning immediately if it's a different rezoning. If it's the same proposal, it would take a year. Joe Paul: Whether the rezoning passes or fails, may the property be sold the following day? City Attorney Kit Williams: It can be sold at any time by the owner. Joe Paul: Could it be sold in part or in total? City Attorney Kit Williams: The owner can sell part of his land and doesn't have to sell it all. Joe Paul: He could do it tomorrow morning if you pass the rezoning tonight? City Attorney Kit Williams: Whether anything was passed. Joe Paul stated he is against the ordinance. Ann Noland, 1652 West Markham Road spoke in opposition of the ordinance. David Williams, 547 North Gray spoke in opposition of the ordinance. Steve Clark, Fayetteville Chamber of Commerce at 438 East Fairway Lane stated change is coming and it must be managed. He stated he has no opposition to the change. Alan Smith, Little Rock spoke in favor of the ordinance. Robert Koser, 1777 Halsell stated he wants a middle ground because too much is trying to be bit off at one time. He requested smaller steps to be taken. Doug James, 2604 East Goldenrod stated he taught at the University of Arkansas for 24 years and is now retired. He spoke about the enjoyment of taking his Ecology students to Markham Hill. Trey Marley, 1440 Markham spoke in opposition of the ordinance. Keaton Smith, 4th Street spoke in favor of the ordinance. Sonia Gutierrez, 127 East Conner Street spoke in opposition of the ordinance. Christine Haller, 1659 West Maple Street spoke in opposition of the ordinance. Teresa Turk, 1408 West Cleveland spoke in opposition of the ordinance. Council Member Petty: Could you please inform us about archaeological sites. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 7 of 18 Seth Mims: We have been to see Dr. Brandon at the Arkansas Archaeological Survey. Because we are the property owners, he could release to us their internal documents stating what was found. There were two sites that have been studied numerous times and they did not find anything. We'd be ecstatic if we could find some awesome artifact or relic. It would add to the historical interest of the neighborhood. We've spoken to the Arkansas Heritage Association and their report indicates there's nothing of dramatic interest. They have no reason to believe there are any sacred or burial sites at all. Council Member Petty: Can you confirm the Bill of Assurance has a density cap? Garner Stoll: The Bill of Assurance provides a density cap of 476 units. City Attorney Kit Williams: There was a question as to whether there was sufficient water pressure. Mark Rogers, Water & Sewer Operations Manager: The water pressure on the hill is determined by the water elevation in the tank. There is some fluctuation as the water inside the tank fluctuates. We have to maintain a 20 psi as a minimum for the State Department of Health requirements. At our lowest, we are at about 30 psi. City Attorney Kit Williams: If there was another major development there, would there be any issue about sufficient water or water pressure? Mark Rogers: The water pressure is going to stay the same based on elevations. We have an adequate distribution system to accommodate. Mayor Jordan: I've got a lot of people calling from that area not thinking they have good water pressure. Council Member La Tour: You've held several community meetings prior to filing your rezoning request. What was the date of your first meeting? Seth Mims: The official meetings started in April of 2018. We met one-on-one with several different neighbors in their living rooms over the last couple of years. Council Member Kinion: We recently approved the 20 Year Water Plan. In the Water Plan it recognized a growth in that area. Looking at the engineering behind that plan there should be adequate water pressure. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 7-1. Council Members Gray, Marsh, Kinion, Petty, Tennant, Bunch, and La Tour voting yes. Council Member Smith voting no. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 8 of 18 Council Member Petty spoke about traffic counts in the city. He stated East Maple in the heart of the Washington Willow Historic District sees 13,000 vehicles per day. He stated it is one of the most desirable neighborhoods where homes have incredible resale value. He stated he worries that predictions are made based on the facts we know today, but the predictions might be getting overblown. He believes the development will be nice. He spoke about Mount Sequoyah with its hotel and cottages. He spoke about the duplexes and multi -family condo project down the hill from Mount Sequoyah. He stated Mount Sequoyah is one of the most desirable neighborhoods in the city. He stated the main reason he supports the rezoning is because of the plan to preserve the west side of the hill. He stated the only way to preserve property is for the city to own it or it to be in a conservation easement or land trust. He stated this is a permanent action, whether the Specialized Real Estate Group project succeeds. He stated they could sell tomorrow and the land would still be preserved for future generations. Council Member Marsh stated the development potential now by right is far worse from an environmental and community standpoint than the proposal on the table. She stated instead of littering the entire hillside, which is the most ecologically sensitive and significant portion with single-family homes, they instead want to preserve that and move the development to the previous disturbed top of the mountain. She spoke about the proposed rezoning being important for the changing demographics of the community. She stated it would be wonderful if events could be hosted in a retreat like setting and it would be a beautiful addition to the community. She spoke about the walkability of the proposed area and the transit benefits. Council Member Smith stated this is one of the hardest decisions for him because of traffic, trees, property values, housing needs, and neighborhood memories. He stated growth is one of the biggest challenges. He stated he is hopeful Mr. Mims will take a slow deployment and do this project over many years. He stated what could happen on the west side of the mountain under RSF-4 does not fit there. Council Member Gray spoke about the city being very lucky to have a developer who has not done the quick and short. She stated the proposed new model is needed and is excited that Fayetteville gets to be first. She stated there are a lot of good things the development could bring to the city. She stated the city can't buy every beautiful hill in Fayetteville, like they did with Kessler Mountain. She believes they have to depend on forward thinking developers to do the very best they can. She spoke about diversity in housing. She stated as a Council we do not tie the hands of future Councils because of change. She believes the development will be good for Fayetteville. Council Member Bunch spoke about sentimental memories of Markham Hill. She stated she would like things to stay the same, but knows it's not possible. She stated it is not an easy decision. She believes the best way to preserve the land is the 44 acres and the permanent action they are getting with the Bill of Assurance. She stated she has concerns about the commercial aspect, but believes the surrounding area can be preserved in a pleasing way. She stated she is in favor of the rezoning. Council Member La Tour stated he appreciated everyone who spoke. He stated he'd like to vote with his neighbors, but leadership has to be more than sticking your political finger into the wind to see which way it's blowing. He stated the Planning staff experts say the proposed development 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 9 of 18 is compatible with the existing neighborhood. He stated the Environmental Action Committee voted unanimously that it would not kill the environment. He spoke about depending on the paid experts. He stated change is coming and they have to look to the future. He spoke about tree preservation as an economic incentive to the developer. He spoke about the most desirable neighborhoods having high traffic counts. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6095 as Recorded in the office of the City Clerk C-PZD 18-6318 (2231 W. Markham Rd./Pratt Place Inn & Barn): An ordinance to approve a Commercial Planned Zoning District entitled C-PZD 18-6318 for property located at 2231 West Markham Road reducing the existing 68.99 -acre Commercial Planned Zoning District to 24.06 acres while retaining the existing uses, and adding up to 5,000 square feet of event space, 12,000 square feet of restaurant or commercial space, 80 hotel rooms, and 43 dwelling units. At the September 18, 2018 City Council meeting this ordinance was left on the first reading. Council Member Petty moved to suspend the rules Member La Tour seconded the motion. Upon roll Members Gray, Kinion, Petty, Tennant, Bunch, La Member Marsh was absent during the vote. City Attorney Kit Williams read the ordinance. and go to the second reading. Council call the motion passed 7-0. Council Tour, and Smith voting yes. Council Garner Stoll, Development Services Director gave a brief description. Seth Mims, Applicant stated the existing PZD Dr. Archer put in place is down to 69 acres. He stated the total of the two -land use proposals is 143 acres and committing to 50% permanent preservation of open space. He stated half of 143 acres is 71.5 acres and his proposal preserves more land than what people thought was preserved with the existing zoning. Rob Karas, 1666 Halsell Road spoke in opposition of the ordinance. Teresa Turk, 1408 West Cleveland spoke about archeological sites. She spoke in opposition of the ordinance. Trey Marley, 1440 Markham spoke in opposition of the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member La Tour 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 October 2, 2018 Page 10 of 18 Mayor Jordan stated he was a Council Member for Ward 4 in 2005. He spoke about working on the first rezoning of the property with the neighborhood and the zoning of RSF-4 was decided. He stated there's nobody left from that Council, but himself. He stated that the Council basically gave the neighborhood their word they wouldn't change the zoning. He stated the PZD was not forever and the minutes declared a future Council could change the PZD. He stated he tried to get a conservation easement from the property owner, but the owner said, no. He stated nobody here was on that Council and aren't bound by their word. He spoke about being the type of person who honors his word. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6096 as Recorded in the office of the City Clerk New Business: Walton Arts Center Current Payment for Services: A resolution to express the intention of the City Council to divide the current payment for services to the Walton Arts Center into three equal payments to the Walton Arts Center, TheatreSquared, Inc. and to the city for infrastructure improvements in the entertainment district parking district. Council Member Petty gave a brief description of the resolution. He stated there might be a suggestion this was done to support TheatreSquared, but it is not the case. He stated his primary interest is the parking infrastructure and second, to make sure there is a strong theatre district. He spoke about parking revenues. He stated the point is to do this in a way that is not too hasty. Council Member Kinion: As we go into budget discussions, we have a lot of room to make final decisions once we are in the budget process. This is a resolution of intentions, so we can with intent discuss the opportunity of a change. Mayor Jordan: Alan Long brought something like this about Animal Services. There is a certain amount of money, but we didn't dedicate any of the money until we got into budget discussions. You can pass any resolution you want because it's not binding our hands. Council Member Petty: This is stating intent to maintain the flexibility of administration to move forward if we pass this with developing a contract for services with TheatreSquared and responding to this resolution within the contract for services we have with the Walton Arts Center. It says the intention is to divide the excess parking revenue into three equal payments. I do not intend that to be a strict direction given to the administration. I expect we'll see something come back to us if we were to pass this. It would be a correctly developed proposal in triplicate with respect to each of the areas it's referencing. City Attorney Kit Williams: If that's your intention, then this resolution needs to be changed. It says, to express the intention of the City Council to divide the current payment for services into three equal payments. It is a direction to our budget to do that. If you want to say, to consider 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page I 1 of 18 different payments or changes, then that's what the resolution should say, rather than divided into three because that's direct and explicit. Council Member Petty: After listening to comments, I'll make a motion to amend after that. Council Member Smith: Do we know what impact this will have? Have you had conversations with the Walton Arts Center about their fiscal year and how it lines up? I'm concerned because they are July to July and we are planning in December. They may not have the three months left we are talking about to make a budget adjustment. Council Member Petty: I reached out to the Walton Arts Center, but the only communication I received in response was the letter we all received. I'm not trying to be hasty with this if we need to delay implementation until their fiscal year is over. I have a desire to implement the recommendations of the parking study. We have no permanent ongoing source of revenue to do that. Parking revenue goes with parking improvements and other district improvements that make parking more accessible. Council Member Marsh stated she appreciates the spirit of the resolution and the idea of thinking of this as a support for a holistic theatre district. She spoke about working towards developing an arts and culture master plan to help in being more strategic in the investment of the arts and culture. Council Member Tennant: I do not support the resolution for many different reasons. If the resolution is expressing an intent to possibly divide the current payment, does that mean the payment is locked in and could we not change it at the budget meeting without this resolution? City Attorney Kit Williams: Certainly, you could. We have a contract with the Walton Arts Center. You can't change anything until the expiration of the contract. During budget, you have wide discretion on adjusting the budget, including the budget here. You don't need any resolutions saying you might adjust it. Council Member Tennant: If this had never been brought up in the budget conversations in November, it could have been brought up and placed in the budget? City Attorney Kit Williams: That's correct. Council Member Tennant: Why is it brought up? Council Member Petty: I had early conversations with administration. They said if I thought this was a good idea then it would take Council leadership to make it happen and it'd be best to not wait until budget discussions. Mayor Jordan: I don't remember telling you that, but the Chief of Staff may have. Council Member Petty: I would have preferred this done without a Council discussion at this level about it. Negotiations could have been done earlier. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes October 2, 2018 Page 12 of 18 Council Member Tennant: When you have a partnership for as long as we have with the Walton Arts Center, this seemed in haste. I know you said it wasn't done in haste and I take you at your word. This seemed very exact to me that we are going to have the intent to split it three ways. I know you said you weren't set on the three equal payments. Council Member Bunch spoke about the relationship with the Walton Arts Center. She stated she is hesitant to pull something they might be depending on. Martin Miller, TheatreSquared Executive Director stated as they expand their capacity moving into the new theatre, they also want to expand their pathways for access. He stated they are taking on a lot of new financial responsibilities in the move. He stated if they become an institution that closes the doors to people during growth, he doesn't think it will reflect the desire the city had in entrusting them with the land and the investment the city has made. He requested the city's support. Steve Clark, Walton Arts Center Council stated the proposal cannibalizes the efforts of the city to advance as an economic development tool. He stated that arts will be a part of the foundation of the future of the community. He spoke about a new art district being developed along Martin Luther King and south end of town. He spoke in opposition of the resolution. Jamey McGaugh, TheatreSquared Director of Development stated for two years they have hosted a picnic and a play for the homeless from 7Hills Shelter. He read a thank you letter from Solomon Burchfield who is the Director of Operations for 7Hills Homeless Shelter. Sarah Lewis, Walton Arts Center Council stated she is a longtime supporter of TheatreSquared. She believes the resolution creates divisiveness. She spoke in opposition of the resolution. Casey Hamaker, Walton Arts Center Council spoke about the 26 -year relationship of the Walton Arts Center and City of Fayetteville. She stated different methods need to be looked at rather than taking from one organization to give to another. Bob Ford, TheatreSquared Artistic Director spoke about the theatre being accessible to citizens. He believes the resolution is an acknowledgement that TheatreSquared is becoming an independent entity and taking up its own site on the most amazing arts corridor in hundreds of miles. He spoke in favor of the resolution. Scott Galbraith, Walton Arts Center Vice President of Programming and Executive Producer spoke about the Walton Arts Center services and parking. He spoke in opposition of the resolution. Peter Lane, Walton Arts Center President & CEO stated the Walton Arts Center is one of the most nationally recognized, top 50 arts organizations in the country. He stated it's an unusual arrangement where an arts organization has received this type of funding from the city. He stated they have it in their budget because the partnership with the city is strong and has had an excellent rate of return. He spoke in opposition of the resolution. Council Member Smith: Originally, the money from the city was about 3% of your overall budget? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 13 of 18 Peter Lane Yes. Council Member Smith: What is it today? Peter Lane stated it's just under 1%. He stated the Walton Arts Center is a $28 million operating budget. He spoke about the Wal-Mart AMP and Walton Arts Center revenues and fundraising. Council Member Petty stated the only people characterizing this as taking away from one to give to another, cannibalization, or sending the wrong message to the broader community, are the Walton Arts Center leadership. He doesn't believe that's the right message nor the message intended and doesn't think it's the message anybody would have taken away if it wasn't being deliberately presented at the meeting. He spoke about revenue and funding. He stated Fayetteville loves the arts and supports access for everybody. He stated if Council decides to expand the early morning and daytime parking hours, he doesn't think the impact will be as much as everyone fears. He stated change is uncomfortable and more important than the process is the impact of the decision if Council supports the resolution. He doesn't believe the Walton Arts Center provides the majority of parking revenue. He stated there are close to a couple of thousand seats at the Walton Arts Center in tickets that can be sold, but it pales in comparison to the number of football fans that go to Dickson Street on a weekly basis. He stated there are a lot of other people in the community needing support and access to the new theatre district. He stated the Arts & Entertainment District downtown needs to be improved for safety. He spoke about a bond program. He stated parking revenue should be for district improvements. He stated if the resolution passes and given the success of both organizations, they would see the same level of community programming or better. Council Member Gray: I can't support the resolution because I'm a fan of both organizations. I won't take one dime the Walton Arts Center is counting on having. We have a contractual relationship and it has been a good relationship for a long time. I'm supportive of TheatreSquared and lighting downtown for people to feel safe. We have a lot of work to do when it comes budget time and talking about the bond program. Council Member Marsh: I regret we have such a limited amount of funding. I'd love to give to all of these programs. In looking at where we can make the most for our budget, I think about how the A&P leverages their money in supporting an event a few years in a row, but then they expect it to be self-sustaining. We've been giving to the Walton Arts Center for 10 years, which has been a great investment and we should continue to do as much for them as we can. They've had time to build their donor base, to become a self-sustaining operation, and now it's time for us to give a boost to TheatreSquared. I hope we can get an arts and culture master plan to be more strategic in how we are investing in the arts. I support the spirit of this resolution. I don't agree with the specific language in terms of dividing the payment into equal parts. Council Member Tennant spoke about the validity of the speakers who are in favor or opposed to the resolution. He stated when they talk about the WAC patrons having the lion's share of parking, he's not thinking about Razorback games, he's thinking about the percentages and differences between the WAC and TheatreSquared parking patrons. He spoke about this not being against TheatreSquared and should not have been brought up. He spoke about business plans and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 14 of 18 fundraising. He stated that better lighting is needed to make it a safer area. He spoke about the partnership between the WAC and City of Fayetteville. He spoke in opposition of the resolution. Council Member Smith stated he supports the intent of the resolution, but doesn't believe it covers all the implications that need to be addressed. He spoke about parking needs and revenue. He stated they didn't split the WAC in half when they got TheatreSquared. He stated they are two amazing arts organizations and they both deserve support, but doesn't know how to do it quite yet. Council Member Kinion doesn't believe the resolution is needed, but likes the discussion about the intent of supporting three vital needs. He believes they need to support safety and infrastructure on its own merits. He stated they need to support the WAC and TheatreSquared activities on their own merits. He spoke about budget planning discussions. Council Member La Tour spoke about weening people off needing support and funding the next thing to get them started. He stated they are talking about moving some of the funding from WAC to TheatreSquared. He stated they are not reducing the funding for the arts. He spoke about the upcoming budget discussions. He likes the idea of building an arts corridor and making Fayetteville the place to be for arts. He stated if the city is an arts destination, it will bring in more tourism and tax dollars. He spoke about better lighting to create a sense of safety. He stated he supports the resolution. Council Member Smith made a comparison about another organization who asks for money throughout the year. City Attorney Kit Williams: A few years back it was questionable if the Walton Arts Center would remain vibrant and stay on Dickson Street. There was a lot of movement that it was going to Bentonville and they were going to build a bigger facility. Mayor Jordan and I were concerned because the WAC has been an integral part of Fayetteville. It took about 18 months of negotiations with Peter Lane, WAC, and the U of A. We changed the way it was governed, giving more power to the Walton Family Foundation to select members. We went through a process to enhance the WAC. Mayor Jordan did his part working for the taxes and WAC did their part in raising the money. It became a reality and now there's no more talk about the WAC leaving Dickson Street. You are talking about $250,000 today, but it's worth millions of dollars to the city. Perception is very important that the city supports them. We are buying services because that's the only legal way. The reason it was taken out of parking is because they are the number one parking attraction on Dickson Street. We didn't guarantee it was going to be there forever. I'm afraid we'd be sending out the wrong impression if we pass this resolution. It would be a mistake to take it away from the WAC so we can fund TheatreSquared. Those are two different issues and should be handled differently. Council Member Marsh spoke about the importance of developing an arts and cultural master plan. Council Member Petty suggested tabling the resolution indefinitely. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 15 of 18 Mayor Jordan: If you want to add more to the arts, that's fine. We'll have that discussion at budget session. Council Member Petty moved to table the resolution indefinitely. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. This resolution was Tabled Indefinitely. MCCi, LLC: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of additional Laserfiche user licenses and modules, annual software maintenance, and future software and service needs through the end of 2022 from MCCi, LLC in an amount not to exceed $90,000.00 plus applicable taxes. City Attorney Kit Williams read the ordinance. Keith Macedo, IT Director stated he was available for questions. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member 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 6097 as Recorded in the office of the City Clerk JCI Industries, Inc.: An ordinance to waive competitive bidding and accept a repair quote of $14,570.00 plus applicable taxes from JCI Industries, Inc. to repair a wastewater pump used at the Gregg Street Sewer Lift Station. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations Manager stated staff recommends approval and it was discussed at the September 11, 2018 Water, Sewer & Solid Waste Committee meeting. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 16 of 18 City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gray 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 6098 as Recorded in the office of the City Clerk RZN 18-6308 (1400 & 1424 N. Gregg Ave/Birgin): An ordinance to rezone that property described in rezoning petition RZN 18-6308 for approximately 0.39 acres located at 1400 and 1424 North Gregg Avenue from RSF-4, Residential Single Family, 4 units per acre to RI -12, Residential Intermediate, 12 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description. He spoke about Lawson Street not being constructed to current city standards and zoning creep is a concern of the neighborhood. He stated staff and Planning Commission recommend approval. Jim Burgin, Applicant spoke briefly about the proposed rezoning project. He requested for Council to approve the request. Eric Parkinson, 335 Holly, Field Captain for the VA Home Neighborhood Association spoke in opposition of the ordinance. Danys Parker, 320 West Lawson spoke in opposition of the ordinance. Mary Cay Crow, 330 West Holly spoke in opposition of the ordinance. Branton Moore, 400 West Patricia Lane spoke in opposition of the ordinance. Sarah Moore, 400 West Patricia Lane spoke in opposition of the ordinance. Council Member Marsh stated she is in support of the rezoning. She spoke about rental statistics in Fayetteville. She stated a variety of household types need to be offered for people who rent. She spoke about infill, density, compatibility, and inclusion of all demographics. Council Member Tennant stated he would like more time to review the item and would rather leave it on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 17 of 18 Council Member Kinion spoke about Lawson Street needing some improvements. He spoke about ingress and egress. He requested to leave it on the first reading. This item was left on the First Reading. RZN 18-6330 (1101 S. Beechwood Ave/Aspen Heights Partners): An ordinance to rezone that property described in rezoning petition RZN 18-6330 for approximately 13.26 acres located at 1101 South Beechwood Avenue from I-1, Heavy Commercial & Light Industrial to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description. He stated staff and Planning Commission recommend approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Tennant 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 6099 as Recorded in the office of the City Clerk Repeal Article XXVIII City Board of Health: An ordinance to repeal Article XXVIII City Board of Health in Chapter 33 Departments, Boards, Commissions and Authorities of the Fayetteville City Code. City Attorney Kit Williams read the ordinance. David Dayringer, Fire Chief gave a brief description of the ordinance. Mayor Jordan: How long has it been since you all met? David Dayringer: It's been a year since we've had any agenda items. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes October 2, 2018 Page 18 of 18 Council Member Kinion: I was contacted today by a person that is taking an issue to the City Board of Health. David Dayringer: Can her issue go to the County Health Unit, instead? Council Member Kinion: It's about looking at our marijuana and health issue in the City of Fayetteville. City Attorney Kit Williams suggested leaving the item on the first reading. David Dayringer: The City Board of Health is scheduled to meet on Wednesday, October 10, 2018. I will notify the board that we have an agenda item. A brief discussion followed about the City Board of Health meeting. This item was left on the First Reading. Announcements: Susan Norton, Communications Director gave a brief description of upcoming events. Information can be viewed on the City of Fayetteville website. Cite' Council Agenda Session Presentations: Agenda Session Presentation: City Plan 2030 Update Cit Council Tour: None A(hournme t: 11:17 p.m. 1 1-44nein Jor• yor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov