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HomeMy WebLinkAbout2018-12-04 - Minutes -Council Member Adella Gray Ward 1 Position 1 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 December 4, 2018 City Council Meeting Minutes December 4, 2018 Page 1 of 21 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 December 4, 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, 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. Council Member Justin Tennant arrived at 5:34 p.m. Absent: Council Member Sarah Marsh Pledge of Allegiance Mayor's Announcements Proclamations and recognitions: None City Council Meeting Presentations Reports, and Discussion Items: MontliK Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 2 of 21 Agenda Additions: Meadow Street Parking Deck Lease Assignment: A resolution to authorize Mayor Jordan to sign an assignment of and assumption of lease of Meadow Street Parking Deck Levels 1 and 3, parking lease estoppel, and declaration estoppel in connection with the sale of the Chancellor Hotel. City Attorney Kit Williams gave a brief description of the resolution. Council Member Kinion moved to add Meadow Street Parking Deck to the agenda. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Council Member Gray moved to approve the resolution. Council Member Tennant seconded the motion. Upon roll call the resolution passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Resolution 244-18 as recorded in the office of the City Clerk Consent: 2018-2019 Selective Traffic Enforcement Program Grant: A resolution to authorize a change order to the 2018-2019 Selective Traffic Enforcement Program grant in the amount of $6,600.00, and to approve a budget adjustment. Resolution 245-18 as recorded in the office of the City Clerk SurfCo Restoration & Construction, LLC: A resolution to approve a change order to the contract with SurfCo Restoration & Construction, LLC in the amount of $8,550.10 for additional mold remediation at 2190 South Razorback Road. Resolution 246-18 as recorded in the office of the City Clerk Bid 918-48 Hutchens Construction Co.: A resolution to award Bid #18-48 and authorize a contract with Hutchens Construction Co. in the amount of $54,411.50 for the milling, resurfacing and restriping of Parking Lot 55, and to approve a project contingency in the amount of $10,882.30. Resolution 247-18 as recorded in the office of the City Clerk University of Arkansas Lease Agreement Renewal: A resolution approving a lease agreement renewal with the University of Arkansas for city operation of the University's West Annex parking lot as a revenue-producing off-street parking lot within the Dickson Street Entertainment District. Resolution 248-18 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 December 4, 2018 Page 3 of 21 Shaw Sports Turf: A resolution to approve the purchase and installation of synthetic turf at the Gary Hampton Softball Complex by Shaw sports turf pursuant to a Source Well Cooperative Purchasing agreement in the amount of $531,752.00, to approve a project contingency in the amount of $79,763.00, and to approve a budget adjustment recognizing parkland dedication fees from the Northwest Quadrant in the amount of $548,158.00 for the project. Resolution 249-18 as recorded in the office of the City Clerk Council Member Kinion moved to accept the Consent Agenda as read. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Unfinished Business: RZN 18-6348 (2454 N. Deane Solomon Rd./Williams Tractor): An ordinance to rezone that property described in rezoning petition RZN 18-6348 for approximately 1.36 acres located north of 2454 North Deane Solomon Road from RMF -24, Residential Multi Family, 24 units per acre and C-2, Thoroughfare Commercial to C-2, Thoroughfare Commercial. At the Nm7emher 8, 2018 City Cozaled meeting this ordinance was left on the First Reading At the November 20, 2018 City Council meeting this ordinance was left on the Second Reading Council Member La Tour 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 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read'the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the silt fence is up and they have their grading permit. He stated the retention pond is not complete. Council Member Smith spoke about his compatibility concerns. He 'stated he is glad to know they can address enforcement of the drainage issue separate from this zone. He stated he's still a little hesitant because it is an expansion closer to residential areas of a dirt lot. Council Member La Tour: This is a family who has been doing business in Fayetteville and paying sales tax for a lot of years. I would give them the benefit of the doubt. If they say they are going to do it, I trust they will. It's a little bit not compatible with single family residences, but they have been using that for years. This will bring them into compliance with what our code requires. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Tennant, Bunch, La Tour, Gray, Kinion, and Petty voting yes. Council Member Smith voting no. Council Member Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 4, 2018 Page 4 of 21 Ordinance 6117 as Recorded in the office of the City Clerk New Business: Oakbrooke Subdivision Phase II Utility Easement: An ordinance to vacate a portion of a utility easement in Phase II of the Oakbrooke Subdivision. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. Council Member Kinion: It was evident with the Certificate of Occupancy and approval of the Planning Division during the building of this home, it may have been an oversight from the city that this property was not vacated. To allow the property owner to close on this property and adjacent property, we need to go ahead and get this taken care of. There's supportive documents showing this was in good faith it was built here and an understanding the easement had been taken care of. Derek Thomas, Bates & Associates gave a brief description of the project. He asked City Council to accept the replats prepared by Bates & Associates for the Oakbrooke R-PZD which revised, removed, and vacated previously platted easements, revised building setbacks, and accepted the new easements and setbacks previously approved by Planning, Engineering, utility companies, and Planning Commission. Council Member Kinion: At the suggestion of Bates & Associates, it's to accept the total replat, which is more than this vacation. Is that correct? Derek Thomas: That is correct. I don't know if we need to do that in two separate votes. City Attorney Kit Williams: I need to call your attention to the Unified Development Code. There are three findings you must make to bypass the Planning Commission and make a decision. For the house that's about to be sold and needs to have the easement underneath it removed, you have met that. 171.06 (E)(2) says, it must require such prompt consideration that it's not going to be reasonable and will justify bypassing the Planning Commission. For the other vacations, it would be better to use our standard procedure and have them file vacations of these easements like you have seen many times that have come before you. A month ago, we had a situation where you had to vacate some easements because they were about to do some development on the property. As normal, it went through the Planning Commission. Everybody signed off on it and then it was brought here in a regular ordinance. Because your code only allows you to take this extraordinary measure of bypassing the Planning Commission immediately vacate an easement, you need to follow the requirements of that code section. This is true in this one case, but I don't think you have presented evidence that it would be any more than just more convenient for the owner. I will defer to Garner Stoll about what the normal procedure is and whether there is justification to bypass. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 5 of 21 Garner Stoll stated Planned Zoning Districts require more details to get approved. He stated a PZD doesn't plat the property and still needs to be platted like any other parcel of ground. He stated the land was platted and showed these easements. He stated there were almost four different plats in the area and it developed slowly, so it had a complicated platting history. He stated under Fayetteville's process you can dedicate right -of ways and easements through a plat and a plat is approved by the Planning Commission. He stated by ordinance, only the Council can vacate and it has two processes. He spoke about the processes. He stated if the item is approved, it is clear there is a special circumstance of closing. He stated Council can accept the applicant's representation that no utilities have been there for five years. He stated the other easements are typical vacations and cautioned Council against opening the short cut route because everyone is going to want to do it. He stated there are many different agencies that use public easements. City Attorney Kit Williams: Council, you make the rules. You adopted and enacted the Unified Development Code. The Supreme Court tells cities you don't have to do that, but if you do, you have to follow the rules until they are repealed or amended. This is the rule right now you set forward. You would have to find by 2/3 vote that special circumstances exist, which require the prompt consideration of this vacation request and justify by-passing the Planning Commission. The city agrees with'your initial request because you do have special circumstances, but I don't see the special circumstances justifying by-passing the normal procedures we have with the Planning Commission. Derek Thomas: We are in no way trying to streamline the process or avoid the Planning Commission. The Planning Commission has approved all four of our replats, accepting new and relocated easements. These plats were approved and recorded. To our knowledge everything was completed as we were supposed too. GIS still shows these easements as per the previous original plats of Oakbrooke and that's the only reason we are here. No one will accept the replat took care of all the previous easements. We created new easements and made easements different widths. Council Member Kinion: Since there's property on these easements that's been developed and from the point of view of a person that depends on listing and selling something already invested in and built, there is a situation where it seems urgent. There is a housing shortage and properties don't stay listed for a very long period in the city. Time is money for the property owner. There is evidence that it went through the process early on and we should have caught this early on as a city. Everything they have done has been approved and they have the Certificate of Occupancy. This is not setting a precedent. This is a specific situation. Council Member La Tour: It is hard for us to come back and cry foul after we've approved the plats, issued the building permits and Certificate of Occupancy. We should grant this. There is money invested in these lots and there is a shortage of housing. Council Member Smith: Our GIS map shows where water and sewer lines are. How do we know which easements have been used for gas, telephone, and electricity? Garner Stoll: When there's a vacation request, they are sent to all the agencies. There is a form they sign that they are no longer using the easements. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 6 of 21 City Attorney Kit Williams: The easements show up, not the lines themselves normally. Tonight, we have a legal description of one easement, not the other easements. They have not gone through the process. If there was evidence they were about to sell a house, we would have heard that. We heard they were going to sell one house and that's the one we are trying to take care of. There is no rush and you need to find according to your own code there is special circumstances which require prompt consideration, not just because it is going to be easier. Garner Stoll: Our checklist for preliminary plats and concurrent plats ask the applicant to show existing easements, which is good business. This plat didn't do that. It omitted it. We have to jointly own this. The applicant should have submitted the information on the plat of the existing easements, not just the easements they're wanting in the future. The staff should have reviewed it against the checklist and found those easements. The solution would be to take an application for vacation, send it to the utility companies, and get it through the process as quickly as possible. Council Member Tennant stated he did not want to presume this is just easier for the property owner and believes the property owner is needing it. Tracy Hoskins, Property Owner: We have easements under a lot of houses. It's not just the one house and that house closes tomorrow morning and it's important. It is also underneath two other houses that are currently on the market. My initial request to the City Attorney's office was not for just this one house. I sent him the information on all the easements. He lowered it to the one because he felt it was the only one that was critical. They are all critical because we have houses for sale built over easements. We have already been through this entire process that is required by code. We have already resubmitted plats and the plats were signed off by the utility companies and Planning Commission. If I had been told I needed to go to City Council, I would have done it. Council Member Tennant: We do a good job in the city of having all these restrictions. It does make it a little more difficult sometimes, but there are reasons for it. I agree with the financial aspect of this. Who is to say if you wouldn't have had to put up with all this, you wouldn't be further along in the marketing and sales process. I believe there is enough to make an exception to do something like this. Tracy Hoskins stated he had the exact legal description documentation needed to vacate all easements. Council Member Kinion: On the other lot, you have a contract to build a custom home? Tracy Hoskins: Yes. Council Member Kinion: We are delaying you in moving forward? Tracy Hoskins: Yes. Council Member Kinion: A person in good faith has found property they want to build on and they are waiting? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 7 of 21 Tracy Hoskins: Correct. Council Member Kinion: This sounds like a sense of urgency. These are people that have already agreed on a contract with your company and have an expectation this was going to happen? Tracy Hoskins: Yes. That was the purpose for the property line adjustment. Council Member La Tour: How do you designate these lots? I counted ten lots on your two exhibits. Which lots do you want us to grant this waiver for? Derek Thomas: They should be labeled on the plat. The one under the house that closes tomorrow is for lot 39-B. 37-B is the property line adjustment we are trying to start a new home on. The easement vacation Exhibit 2 we have lots 23-A, 23-13, and 24-B existing homes. Council Member La Tour: Five lots are affected by an easement we thought was closed, but was not? Tracy Hoskins: Yes. Council Member La Tour: The Council is not bound by what the City Attorney drafts. We can amend to grant the relief on these lots so designated and Mr. Williams can get the legal descriptions tomorrow. City Attorney Kit Williams: It would be a mistake to do that. If the City Council's position is to by-pass the Planning Commission and grant the rest of these easements to be vacated, we can use these legal descriptions with a new ordinance that we can have for you at the next meeting. At this meeting, you should pass the one in front of you that we know is correct. Council Member Bunch: If we were to pass the one that's trying to sell tomorrow and send the others back through the process, what would be the timeframe we would be looking at? Garner Stoll: If you use the exception, it would be in two weeks at the next Council meeting. If you don't do the exception, the Planning Commission doesn't meet until January. Derek Thomas: If we are kicked back to the standard easement vacation process, there's a full application. It has to be marked and surveyed in the field, every utility company and all adjoining property owners have to agree to it. It can take three to six months. The standard easement vacation process is a long and tedious process. Don Marr, Chief of Staff. If the Council does this, I want the minutes to clearly reflect the exception. That very reason you just heard is what we will hear from everyone who wants it to not go through that process. I think they've given an argument tonight about why we may want to go down that road, but we need very clear minutes notification this is not a can of worms we want to open that allows anyone to by-pass the situation or it will happen all the time. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 8 of 21 Garner Stoll: We have changed our check list. Where it asks for, showing the existing easements, it provides instructions if there are easements or rights -of -ways to be vacated. It can be processed to the Planning Commission simultaneously with the plat, but it needs to go on to the Council. We are trying to streamline the process for the future. Council Member Kinion: Changing the checklist for the future does not change the issue we are faced with currently. I'm glad there is a change though. I read that it says urgency, not emergency. Is that right? City Attorney Kit Williams: Yes, that is what the code says. Council Member Kinion: To me that doesn't preclude the arguments we have heard here tonight. As long as we make it clear in our arguments and our presentation that this is an exception to the rule. Not only is it an exception to the rule, but because of this we have changed the standard procedures in moving forward. There is an element of urgency. To prevent this in the future, we have adjusted our standard operating procedure. City Attorney Kit Williams: If it's the City Council's decision that we should vacate these without going back to the Planning Commission and use this exception, my office will prepare an ordinance that will do the remainder of these easements. It would be on the next City Council meeting, December 18, 2018. Council Member Smith: The surveys were done once. Would they have to be done again for the standard vacation process? Derek Thomas: Something similar to the exhibits we have already prepared. The utility companies make us mark the location of all these easements so they can come out and check their maps and say, they have no utilities in here. That has already been done through Planning Commission many years ago, so that shouldn't be a requirement. Council Member Smith: The surveys wouldn't have to be redone, but you would have to remark it for the utility companies? Derek Thomas: Correct. Council Member Smith: Since we aren't talking about emergency, but special circumstances, the one selling tomorrow is a special circumstance and the ones with existing houses on them. The ones on lot 37-B aren't built yet. Correct? Derek Thomas: That is the property line adjustment currently under construction. It has been permitted on top of that easement. Council Member Smith: There's work happening on it, but it is not showing on any of our imagery yet? Derek Thomas: Correct. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 9 of 21 Sloan Scroggin, 3509 North Sandpiper stated he would like for the item to be moved forward. He spoke in favor of the ordinance. Council Member La Tour: We have granted building permits and issued Certificates of Occupancy for houses built on top of utility easements. Surely, that is a special circumstance and not a routine event in our city. Do we need an amendment to do what Kit is suggesting? City Attorney Kit Williams: No, you would pass this one. You should have another ordinance for the rest of the easements at the next meeting. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 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 Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6118 as Recorded in the office of the City Clerk RZN 18-6398 (North of Rupple Rd. & Alberta St./Rupple Rd. Sd): An ordinance to rezone that property described in rezoning petition RZN 18-6398 for approximately 19.15 acres located Northwest of Rupple Road and Alberta Street from R -A, Residential Agricultural and NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban, RSF-18, Residential Single Family, 18 units per acre; NC, Neighborhood Conservation; and R -A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Blake Murray, Engineering Services spoke briefly about the project. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 10 of 21 Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 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 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent: City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6119 as Recorded in the office of the City Clerk VAC 18-6416 (W. of 2122 W. Moore Ln./Pines at Springwoods): An ordinance to approve - VAC 18-6416 for property located West of 2122 West Moore Lane in the Springwoods Commercial Planned Zoning District to vacate a portions of utility easements. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Jonathan Million, Representative for Applicant gave a brief overview of the request. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 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 La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 11 of 21 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6120 as Recorded in the office of the City Clerk RPA, LLC Cost Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with RPA, LLC for the installation of a sewer main along a portion of Sequoyah Drive between Rex Drive and Company Street, with the estimated amount to be paid by the City of Fayetteville not to exceed $80,041.67, and to approve . a project contingency in the amount of $8,004.17. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Staff recommends approval. Council Member Kinion: The Water and Sewer Committee unanimously recommended to bring it forward for approval. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 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 La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6121 as Recorded in the office of the City Clerk Eric A. Long and Robert A. Long Cost Share Agreement: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Eric A. Long and Robert A. Long for the installation of water and sewer mains along a portion of North 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 12 of 21 Tanglewood Avenue, with the estimated amount to be paid by the City of Fayetteville not to exceed $33,653.62, and to approve a project contingency in the amount of $3,365.37. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Kinion stated the item went through the Water and Sewer Committee with a recommendation to approve. Council Member Petty: On the image, it looks like a portion of the water line and sewer line are outside the right-of-way on the parcels. Is that something missing on the map? Tim Nyander: We took it into the right -of way. It's just on the map that way and free drawn. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 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 La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6122 as Recorded in the office of the City Clerk Fayetteville Youth Center, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2019. City Attorney Kit Williams read the ordinance. Connie Edmonston, Parks & Recreation Director gave a brief description of the ordinance. Staff recommends approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 13 of 21 Eric Schuldt, Boys & Girls Club thanked City Council and City of Fayetteville for their 50 years of support. Council Member Tennant moved to suspend the rules and go to the second reading. Council Member Gray seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Gray: I am so happy we have this great program in Fayetteville. Council Member Tennant 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 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Tennant thanked the staff of the Boys & Girls Club for their tremendous job. He stated it is a wonderful thing for the City of Fayetteville. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6123 as Recorded in the office of the City Clerk Area Agency on Aging of Northwest Arkansas: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $103,887.00 to provide public recreation services for the senior citizens of Fayetteville for 2019. City Attorney Kit Williams read the ordinance. Connie Edmonston, Parks & Recreation Director gave a brief description of the ordinance. Staff recommends approval. Chase Gibson, Area Agency on Agency of Northwest Arkansas Director thanked the City Council for their support. Mayor Jordan: It is a great organization. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 6-0. Council Members 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 14 of 21 Tennant, Bunch, Smith, Gray, Kinion, and Petty voting yes. Council Member La Tour was absent during the vote. Council Member Marsh was absent. 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 Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Tennant: This is a great thing and I appreciate the staff. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6124 as Recorded in the office of the City Clerk Evenflo Company, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve the purchase of child safety seats from Evenflo Company, Inc. through 2023 in the estimated amount of $16,000.00 per year, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Greg Tabor, Chief of Police gave a brief description of the ordinance. Council Member Tennant: Did you get a reason from anybody on the budget cut? Greg Tabor: No. It's passed through from the Feds. It's part of the Selective Traffic Enforcement Grant and piled all in there together. Some years they give us more for overtime and sometimes equipment. It varies from year to year. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 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 La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 15 of 21 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6125 as Recorded in the office of the City Clerk Sales and Use Tax Special Election: An ordinance calling and setting a date for a special election on the questions of the issuance by the city of sales and use tax refunding bonds and sales and use tax capital improvement bonds for various purposes; levying a replacement special local sales and use tax at the rate of one percent (1.00%) for the purpose of retiring such bonds; and prescribing other matters pertaining thereto. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. He stated it is his pleasure to bring the item forward to the City Council. He stated it is very seldom he has the _ opportunity of asking citizens to authorize the city to issue bonds in excess of two hundred million for projects with no increase in taxes. Mayor Jordan: Do we have any questions about the language of the ballot as read by the City Attorney? Council Member La Tour: I like the idea of having the qualified electorate vote on specific categories of expenditures that involves them in the spending. Mayor Jordan gave the rules for public speaking. Steve Clark, Fayetteville Chamber of Commerce President and Walton Arts Center Board Member stated he believes the categories that are identified in the bond proposal are each very important. He spoke in favor of the ordinance. Scott Harrison, Representing Fayetteville Youth Baseball stated he would like for Council to continue the development of Kessler Park and have all their facilities in one place. Malcolm Hayward, Symphony Representative spoke about Downtown parking. Diana Brown, 1444 East Cardinal spoke about her parking concerns. Sarah Sparks Diebold, 1662 East Amber Drive stated all the allocations are appropriate. She requested the language to be reevaluated in the cultural arts corridor section to include that they must replace parking. She requested they dictate the timing of the construction of replacement parking to come before any construction would happen on the West Avenue lot. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 16 of 21 Stephanie Thomas, 3566 Buckingham Drive spoke about the benefits of an aquatic center. Terry Borman, 1221 East Rodgers Drive spoke about the benefits of an aquatic center. Alan Dranow, 1001 East Oaks Manor Drive spoke about investing in the arts and parking. Adam Parisi, 3658 Chatsworth spoke about the benefits of an aquatic center. Anita Parisi, 3658 Chatsworth spoke about the benefits of an aquatic center. Council Member Tennant: I agree we need an indoor aquatic facility. I've always been one to look at the cultural and health benefits. I've preached about the baseball tournaments and blacktop tournaments we can have if we have an enhanced facility in the Regional Park. Could you tell me the value of bringing in, not just our local people to use an indoor pool facility, but is there a market for swimming tournament type activities for revenue to be made? Anita Parisi: A one session to five session swim meets, you are looking at about $15,000 for the 150 to 400 athletes that attend. For two nights, it could be $15,000 to $50,000 for hotels and meals. Estimated, it could bring in $300,000 annually. Council Member Tennant: Whether we do something like that at the Regional Park, if there is enough land, I think the justification is there. Robert Busiek, 103 Skyline Drive spoke about the cultural arts corridor, parking and verbiage. Corinna Dranow, 1001 East Oaks Manor Drive spoke about parking and accessibility to the arts. Anne Stevens, 469 North Rockcliff spoke about the benefits of an aquatic center. Joe Fennel, 1655 Woolsey stated the Walton Arts Center changed things for the good. He stated there has to be parking available. Molly Rawn, Advertising and Promotion Commission Representative stated she was proud of being a part of developing the cultural arts corridor. She spoke about the development of the West Avenue parking lot. William Benjamin Putman, 353 North Rollston Avenue stated that if the city takes away parking from Downtown, the out of towners will not park somewhere and take a bus or walk. Michael Ferguson, 4273 East Oakmont Drive spoke about needing four new baseball fields at the Regional Park. He spoke about the revenue generated due to baseball tournaments. Brian Crowne, Business Owner in the Entertainment District stated he is looking forward to the cultural arts corridor. He spoke about supporting the bond initiative and requested the language to be tightened up. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 17 of 21 Stephanie Roberts, 1476 West Wedington Drive spoke about parking. She stated safety is important for the people who work Downtown and walk to their cars late at night. Mike Johnson, Chairman of the Walton Arts Council Board thanked everyone in putting the bond together and for letting the people vote on how they feel. He stated the intent resolution needs to be flexible. He believes areas of the language could be strengthened. Sloan Scroggin, 3509 North Sandpiper spoke well of the bond initiative. He stated if there are any changes with parking, he would like for it to be incremental. Council Member Tennant stated he was not an attorney and isn't sure what can be done about the language on the parking. He stated the biggest thing he has heard about parking is not necessarily the need for it, but making sure regardless of who is on the Council or who is Mayor that this is set in motion in a way it can't be changed. He spoke about parking concerns. He stated the language needs to be locked in to create what voters are voting for. Council Member Kinion stated they need to be united in front of the electorates to get it passed. He stated when reviewing the language there is an earnest promise to protect the parking in the Entertainment District. He spoke about the importance of maintaining accessibility and looking at proximity when developing parking. He stated he is excited about the arts corridor and that it is an economic driver. He spoke about the Police Department's facility. He stated Fayetteville is a growing city and investment is needed in good technology, efficiency, and safety for citizens. He is pleased with the language of the bond and stated it is time to be unified. City Attorney Kit Williams: When attorneys draft bond issues, we want to make it broad so that whatever the City Council decides to do, they can do. If you look at the question on the cultural arts corridor when it refers to parking, it says, which may include parking or new parking. There is no promise of parking. This could be changed if that was the City Council's intent to place replacement parking as one of the first projects. The wording could be done like that, but that would be the first project if the citizens passed it. When we draft these questions, we make them broad. If we are challenged on a project, we can say that voters approved it. On the other hand, if you ensure the replacement parking regardless of who would be administering, it's going to be done before other parts of the bond question were done and you can put language in there to require it. Gordon Wilbourn: You can get as specific as you want, but you are bound by it. If the conditions change in the future, the only way to undo a ballot approval is by another vote of the people, not the Council. In many of these situations, it's not likely you'll be able to do everything that's on the list, but you may do everything on the list. We can tighten it up as much as you want. Carl Collier, Citizen stated the Mayor said to him, as part of the steering committee, is that the replacement parking would be in place before the Walton Arts Center lot is touched. He spoke about parking spots availability. Council Member Tennant stated the business owners are passionate about the parking issue. He stated he doesn't live or own a business in the Entertainment District, but tends to listen to the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 18 of 21 people who work and live there. He stated a couple of words can bound them, but believes that's a good thing because you don't know what will happen when the City Council and Mayor is replaced with different people. Council Member Gray stated they are bound because the Mayor has said he will replace whatever we take of the Walton Arts Center parking lot. She stated they do need to be bound because people and personalities change. Council Member Smith stated taking away parking now would be a disaster, but a lot could change in 10 to 15 years and being stuck with a set amount of parking might be a disaster at that point. He wants to maintain enough flexibility to respond to conditions over time. He doesn't want to rush into a decision and make a 16 -year commitment in one night. Mayor Jordan: I assume we aren't going to do this tonight. City Attorney Kit Williams: We need to hear from some of the rest of the Council Members about the parking issue and whether there should be some restrictions that would say at least replacement parking or leave it as it is. As attorneys, we need to know what we should be drafting. Council Member Petty stated he isn't against building a parking deck, but is against making a commitment before understanding if there is a need. He stated decisions such as these must be made based on careful study and data, not on the feelings of today. He stated they have no idea what the future is going to be like, but it will be different. He stated parking revenue is currently down and revenues in Downtown are up because up to 12% of people walk, bike, and use Uber. He stated a study was done and was told that a structure might be needed, but it also said there are thousands of spaces, which should first be managed better. He stated there are many opportunities for replacement parking that doesn't involve building one solitary structure. He stated they should build a deck if it can be proved that it is needed. He stated it would be a mistake to tie the hands of future generations that might have more knowledge than the current City Council. Council Member La Tour congratulated Teresa Turk on winning her Council race. He stated they do not have the wisdom to foresee the future with very high accuracy rates, but they have business people who are invested in the Downtown arts district. He stated they need to decide if they are going to support them or not. He believes the business people should be accommodated and supported so their businesses can survive in the environment being created. Council Member Smith: The vote for the bond isn't going to be the only vote that folks get for this. Every two years they get to replace half of us. If we make a promise that we are going to take care of the parking, it won't take them long to make sure we do, if we go back on that. We do take care of our business owners in the area. Council Member Tennant: We would be bound if we put wording in here for the length of time that it would take to pay these bonds off. Correct? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 19 of 21 City Attorney Kit Williams: Right. You couldn't vary from whatever the citizens had approved. If you changed the wording to make requirements on it, then you are bound by those requirements. You can't spend money except for what you've said you are going to do. Council Member Tennant: Until such time that the bond is paid off and this conversation happens again? City Attorney Kit Williams: In 10 to 12 years. Council Member Tennant: If you're conservative by nature with sales tax when it comes to planning and things like that, how many years before, if the voters pass this, would we be paying these bonds off? Paul Becker, Chief Financial Officer: A reasonable expectation of paying it off would be 10 to 12 years. Council Member Tennant: When we talk about 12 years, we aren't locking the hands of generations of people. The thought of having a transportation network here in the city in 12 years may happen, but it allows us to keep our promises. When this bond is paid off, the future Council can then figure out what they want to put in the next bond. If they want to change it and do something about the Walton Arts Center lot or any parking situation, they would be free to do it. The people are paying the bond off, so they need to know what they are voting on. Paul Becker: If you change the wording and say you must build or must have replacement parking, you will have to say that before you can do the corridor. You must do that and have no choice at that time. The 292 parking spaces also support a bond issue. If we get into that and attempt to replace that, we are going to have to look for replacement revenue to do that. We've committed and made a covenant that we're going to generate enough revenue to pay those bond issues. If you direct those spaces are going to go, I will have to engage a certified public accountant and convince them we can replace those spaces of the revenue from the spaces. I don't know how I could do that unless we do have replacement parking. If we replace it, we are going to have to do something to meet the bond covenants or jack the rates up to the point that nobody is going to go down there. If you put language into the bond issue that says you are going to do the replacement parking, you will have to do it before the corridor. City Attorney Kit Williams: It wouldn't have to be so extreme. We are going to have to work on this and present it at a second meeting. The replacement parking could be tied, not with the whole corridor, but just for any effect on the Walton Arts Center parking lot. If the Walton Arts Center parking lot has not been touched and you want to do other things on the corridor, there would be no issue. If the Walton Arts Center was going to be changed where parking spaces were going to be lost, there would have to be a plan and a commitment, which we already have from Mayor Jordan that replacement parking will be there before the parking spaces are removed from the Walton Arts Center. The rest of the corridor doesn't make any difference. We could draft this in such a way and then it would be a vote of the City Council. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 20 of 21 Don Marr, Chief of Staff stated that when they first applied for the outdoor cultural arts corridor grant, the biggest question was whether our community could have a conversation about a parking change. He stated it is staffs job to make sure they are keeping data in front of Council because staff gets blamed for Council's decision without a vote. He stated in the very first study there was a question of which three elements are important in the civic space and the number one item was parking, which is data. He stated he didn't apply for a $1.77 million design grant to get a gussied- up parking lot. He spoke about sales tax generating items, which requires changing things. He spoke about the importance of proximity of parking to certain locations. He spoke about access to the area. He spoke about flexibility being critical. He stated there are some extremely important things that will never be handled with the everyday capital budget, so it's important that what is put forward, citizens can feel like they are being heard. He stated data shows there are 1,900 spaces that aren't utilized. He stated education is needed about available parking, solutions are needed for people who might look for less expensive options for commuting, and deal with the population that wants to be proximate and willing to pay for the proximity. He stated the current occupancy of the lots on peak periods are at 90% level. He spoke about the aquatic center facility issue. He stated the number one item that staff advised the Mayor in developing the list was operational budgetary impact. He spoke about the seven public meetings that have been held for public input. He encouraged citizens to attend the next upcoming meeting to provide feedback. He stated parking in this question is the single highest first-time feedback. He stated they are trying to do what they think is important for this to be successful. He stated if tighter language is being talked about for parking, then the word proximity needs to be included. Council Member Petty stated what they are building is meant to last for generations, even if it is a parking structure. He stated pedestrians and bicyclist take their lives in their hands every time they go through the lot and it can't be fixed because of this controversy. He stated there are 20 spaces on the south side of the lot that has been decided is more important than fixing a real safety issue and now we are saying we can't fix those until we replace them. He stated there are real issues that need to be solved today and flexible language is important. He has several criticisms of the list on a line item basis and has voiced them to the administration, but believes they have the best consensus proposal they are going to see. He stated this is a time to come together. He stated if they are going to delay on the vote, then he wants a work session as a committee of the whole with the three new incoming Council Members input. Council Member Bunch stated in the end they must have something that will fly with the voters because City Council is not the final decision. She stated she would like to review the item more, receive additional public input, and not vote tonight. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion failed 3-4. Council Members Smith, Kinion, and Petty voting yes. Council Members Tennant, Bunch, La Tour, and Gray voting no. Council Member Marsh was absent. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 4, 2018 Page 21 of 21 Council Member Petty: I propose we have a Saturday work session on this bond issue. It's $200 million that's going to last more than a decade. We do the same for a $130 million budget every year. Mayor Jordan: It will take us a while to work through it, but we can do it. There was a brief discussion about having the bond issue work session after the next scheduled Agenda Session. Announcements: Don Marr, Chief of Staff stated Fayetteville Animal Services is hosting a holiday open house on December 8, 2018 from 10:00 a.m. to 4:00 p.m. He stated the cultural arts corridor design draft reveal and public input meeting will be on December 6, 2018 at 5:30 p.m. at the Town Center. He spoke about the Senior Giving Tree. Information can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: None City Council Tour: None Adiou melnt: 9:55 p.m. L Held Jo , Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov