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HomeMy WebLinkAbout2018-12-18 - 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 18, 2018 City Council Meeting Minutes December 18, 2018 Page 1 of 30 Council Member Justin Tennant Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member John La Tour Ward 4 Position I Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on December 18, 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, 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. Absent: Council Member Mark Kinion Pledge of Allegiance Ma or's Announcements Proclamations and Recognitions: Presentation of City Council Awards for Departing Council Members Mayor Jordan presented City Council awards for departing Council Members John La Tour, Justin Tennant, and Adella Gray. Mayor Jordan stated he appreciated Council Member La Tour's proposals and business friendly approach to development in the city. Mayor Jordan stated he appreciated Council Member Tennant's insight about the global business future of the city and region and his impact will always be remembered. Mayor Jordan stated Council Member Gray was always a progressive thinker and good with the finances. He stated she was helpful with the Civil Rights ordinance, energy action plan, and Kessler Mountain. Mayor Jordan stated it was a privilege to serve with Council Member Gray. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 2 of 30 Council Member La Tour thanked the Mayor, City Council, and City of Fayetteville. He stated it had been a very meaningful part of his life. He stated he appreciated the opinions of everyone. Council Member Tennant thanked the Mayor, City Council, city staff, and his wife. He gave his best wishes to the new incoming Council Members. Council Member Gray stated her time on the Council was a happy experience. She spoke about changes and accomplishments while she was on the Council for 12 years. Mayor Jordan: Thank you to the Council Members for their service, all the things they have done, and committees served on for the City of Fayetteville. Volunteer of the Year Award to Laura Underwood: Presentation at the City Council meeting to announce the Arkansas Recreation and Parks Association awards to the City of Fayetteville at their annual conference held in November & to acknowledge the volunteer of the year award to Laura Underwood. Connie Edmonston, Parks & Recreation Director gave a brief description of the Arkansas Recreation and Parks Association awards that the City of Fayetteville received. She spoke briefly about Volunteer of the Year, Laura Underwood's achievements. Laura Underwood stated it was an honor to receive the award. She thanked city staff and her husband. She encouraged everyone to visit the Yvonne Richardson Center when children are there and to volunteer. She stated she hopes the city will continue to give resources to the center because many children see hope when going there. Citv Council Meeting Presentations Reports, and Discussion Items: Nominating Committee Report Council Member Marsh presented the Nominating Committee report and recommended the appointments as submitted. A copy of the report is attached. Council Member Marsh moved to approve the Nominating Committee Report. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 3 of 30 Ap_enda Additions: Cultural Arts Corridor Project: A resolution to express the City Council's commitment and intention to use whatever is necessary to complete the Cultural Arts Corridor project, as finally approved by the Fayetteville City Council, up to $21,685,000.00 and to fund whatever is necessary for replacement parking within reasonable proximity to the Walton Arts Center up to $10,000,000.00 if the arts corridor improvement bonds are approved by the Fayetteville voters and to make job training and workforce development top priorities for economic development project bonds. Council Member La Tour moved to add the Cultural Arts Corridor Project item to the agenda. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the resolution. Council Member Tennant stated he appreciated the time that was put into the item. He stated it is important they concentrate on making sure the voters are comfortable with all parts of the bond. He stated some citizens will feel more comfortable with the idea of making sure the city committed to replacement parking if the Walton Arts Center lot is ever developed. He stated the definition of reasonable proximity should be discussed. Mayor Jordan stated Peter Nierengarten, Sustainability & Resilience Director would explain proximity parking with his presentation. He stated $21,685,000 would be designated to the Cultural Arts Corridor and $10,000,000 would go to replacement parking. Lucas Regnier, 3191 North Katherine thanked the Council for their work on the item. He spoke in favor of the resolution. Robert Stafford, 527 South Sherman: I support the resolution. Is the $10,000,000 part of the $21,685,000 or is it separate? Mayor Jordan: It is separate. Council Member Smith: If we partnered with someone and didn't need the whole $10 million to meet our parking obligations, is that free to be shifted? Mayor Jordan: I believe it would be. City Attorney Kit Williams: In Section C, it says if you don't need all the funds used for one or the other, you can shift it. You also don't have to spend all your funds. Mayor Jordan: I felt more comfortable having $10 million in case we had to go with another structure. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 4 of 30 Council Member Tennant: We need to approve this resolution to have a conversation later about proximity parking. Council Member Tennant moved to approve the resolution. Council Member Gray seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Resolution 250-18 as recorded in the office of the City Clerk Consent: Approval of the November 20, 2018 City Council meeting minutes Approved Fayetteville Fire Department Donation Revenue: A resolution to approve a budget adjustment in the amount of $400.00 representing donation revenue to the Fayetteville Fire Department for the annual employee service awards event. Resolution 251-18 as recorded in the office of the City Clerk Arkansas Firewise Grant: A resolution to authorize acceptance of an Arkansas Firewise Grant from the Arkansas Forestry Commission in the amount of $500.00 for use by the Fire Department, and to approve a budget adjustment. Resolution 252-18 as recorded in the office of the City Clerk Exclusive Flight, LLC d/b/a Afterglow Aircraft Solutions: A resolution to approve a three year lease agreement with Exclusive Flight, LLC d/b/a Afterglow Aircraft Solutions for the airport hangar at 4158 South School Avenue for rent in the amount of $850.00 per month. Resolution 253-18 as recorded in the office of the City Clerk 2019 T -Hangar Lease Renewal: A resolution to approve T -Hangar lease agreements in 2019 at the current rental rate or as adjusted upward by the Airport Board for all T -Hangars rerited at the Fayetteville Executive Airport. Resolution 254-18 as recorded in the office of the City Clerk Smokin A's BBQ, LLC: A resolution to approve a two year rent-free lease agreement with Smokin A's BBQ, LLC for space in the Airport Terminal building for the operation of a barbecue restaurant. Resolution 255-18 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 18, 2018 Page 5 of 30 Bid #19-01 Reflectorized Paint Markings: A resolution to award Bid #19-01 and authorize the purchase of reflectorized paint markings from Arkansas Fence & Guard Rail in variable amounts and for varying unit prices as needed through the end of 2019. Resolution 256-18 as recorded in the office of the City Clerk Bid #19-02 Curb and Gutter Construction: A resolution to award Bid # 19-02 and authorize the purchase of curb and gutter construction from Tri-Star Contractors, LLC as a primary supplier in variable amounts, and authorizing the use of other bidders based on price and availability, as needed through the end of 2019. Resolution 257-18 as recorded in the office of the City Clerk Bid #19-03 Truck Hauling Services: A resolution to award Bid #19-03 and authorize the purchase of truck hauling services from W C & Associates, Inc. as primary supplier, and to authorize the use of other bidders based on price and availability as needed through the end of 2019. Resolution 258-18 as recorded in the office of the City Clerk Bid #19-04 Concrete Supplier: A resolution to award Bid #19-04 and authorize the purchase of concrete from Tune Trucking, Inc. d/b/a Tune Concrete Company as primary supplier in variable amounts and to authorize the use of other bidders based on price and availability as needed through the end of 2019. Resolution 259-18 as recorded in the office of the City Clerk Bid #19-05 Aggregate Materials: A resolution to award Bid #19-05 and authorize the purchase of aggregate materials from Hunt Rogers Materials, LLC as primary supplier and to authorize the use of other bidders based on price and availability as needed through the end of 2019. Resolution 260-18 as recorded in the office of the City Clerk Bid #19-07 Hillside Gravel: A resolution to award Bid #19-07 and authorize the purchase of Hillside Gravel from Les Rogers, Inc. in varying amounts and for variable unit prices as needed through the end of 2019. Resolution 261-18 as recorded in the office of the City Clerk Bid #19-08 Plastic Drainage Pipe: A resolution to award Bid #19-08 and authorize the purchase of plastic drainage pipe for varying unit prices from various vendors, based on individual job design, specification and cost evaluation, as needed through the end of 2019. Resolution 262-18 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 18, 2018 Page 6 of 30 Bid #19-09 Concrete Drainage Pipe: A resolution to award Bid #19-09 and authorize the purchase of concrete drainage pipe from Scurlock Industries, Inc. as primary supplier in variable amounts as needed through the end of 2019. Resolution 263-18 as recorded in the office of the City Clerk Bid #19-10 Screened Topsoil: A resolution to award Bid #19-10 and authorize the purchase of screened topsoil from Les Rogers, Inc. as primary supplier as needed through the end of 2019. Resolution 264-18 as recorded in the office of the City Clerk Bid #19-11 Retaining Wall Blocks: A resolution to award Bid #19-11 and authorize the purchase of retaining wall blocks for varying unit prices from various vendors, based on individual job design, specification and cost evaluation, as needed through the end of 2019. Resolution 265-18 as recorded in the office of the City Clerk Bid #19-12 High Performance Cold Mix Asphalt: A resolution to award Bid #19-12 and authorize the purchase of high performance cold mix asphalt from Hutchens Construction Co. as needed through the end of 2019. Resolution 266-18 as recorded in the office of the City Clerk Bid # 18-54 JBZ, Inc. d/b/a Ellingson Contracting: A resolution to award Bid #18-54 and authorize a contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $228,752.58 for the resurfacing of the basketball court and installation of new tennis court lights at Wilson Park, and to approve a project contingency in the amount of $21,078.42. Resolution 267-18 as recorded in the office of the City Clerk Ranger's Pantry/Senior Giving Tree/Hearth Program Donations: A resolution to approve a budget adjustment in the total amount of $1,070.00 representing donations to Ranger's Pantry, the Senior Giving Tree, and the Hearth Program. Resolution 268-18 as recorded in the office of the City Clerk Startup Junkie Consulting, LLC: A resolution to approve the first two (2) year renewal contract with Startup Junkie Consulting, LLC to provide Economic Development Consulting Services in the areas of entrepreneurship and innovation in the total amount of $300,000.00. Resolution 269-18 as recorded in the office of the City Clerk Fayetteville Chamber of Commerce: A resolution to approve the first two (2) year renewal contract with the Fayetteville Chamber of Commerce to provide Economic Development Consulting Services in the areas of business recruitment, retention, and expansion in the total amount of $360,000.00. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 7 of 30 Resolution 270-18 as recorded in the office of the City Clerk Illinois River Watershed Partnership: A resolution to authorize acceptance of a Green Infrastructure Grant funded through the Illinois River Watershed partnership in the amount of $7,000.00 for stormwater management improvements at the West Side Wastewater Treatment Facility, and to approve a budget adjustment. The Illinois River Watershed Partnership was pulled from the Consent Agenda. Don Marr, Chief of Staff gave a brief description of the resolution. He stated the item needs to be tabled indefinitely and it will be brought back at a future date. Council Member Marsh moved to table indefinitely the Illinois River Watershed Partnership item. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. This resolution was Tabled Indefinitely. Pathway Baptist Church Damage Claim: A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $10,079.00 to Pathway Baptist Church for a water damage claim arising at 3395 West Mount Comfort Road. Resolution 271-18 as recorded in the office of the City Clerk CDW Government, LLC Backup Storage Device: A resolution to authorize the purchase of a backup storage device from CDW Government, LLC in the amount of $116,221.02, pursuant to Promark GSA Schedule cooperative purchasing contract, and to approve a project contingency in the amount of $5,811.05. Resolution 272-18 as recorded in the office of the City Clerk CDW Government, LLC Products and Services: A resolution to authorize the purchase of information technology products and services from CDW Government, LLC on an as -needed basis, pursuant to National Intergovernmental Purchasing Alliance Contract #2018011-01, through February 28, 2023, and any future renewal periods. Resolution 273-18 as recorded in the office of the City Clerk Halsell Holdings, LLC Settlement Offer: A resolution to accept the settlement offer from Halsell Holdings, LLC and authorize the purchase of a water/sewer easement from Halsell Holdings, LLC on property located at 1521 West Halsell Road in the amount of $25,000.00 for the Graham Waterline Improvements Project. Resolution 274-18 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 18, 2018 Page 8 of 30 NOVAtime Technologies, Inc.: A resolution to authorize a one year contract with NOVAtime Technology, Inc. for upgrades to the city's electronic employee time keeping system in the amount of $3,700.00 for setup costs and estimated discounted monthly fees of $2,064.00 for the first year plus applicable sales taxes based on the number of city employees, and to approve future automatic renewals of the contract with rate increases not to exceed 5% above the standard estimated monthly fee of $2,820.00 based on the number of city employees. Resolution 275-18 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read with the Illinois River Watershed Partnership item removed. Council Member Marsh seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Unfinished Business: 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. At the December S, 2018 City Council meeting this ordinance was left on the first reading. Council Member Petty 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: As you know, we had a special work session and I have submitted proposed language to you. We need to have a motion to amend the language of the ordinance. This will get it on the floor and then you change anything after that. Council Member Gray moved to amend the language of the ordinance. Council Member Tennant seconded the motion. City Attorney Kit Williams read the amended ordinance. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the ordinance. He spoke about walking distance from the Walton Arts Center entrances. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 9 of 30 Council Member Tennant requested clarification about the 25 or more spaces that would have to be recognized or built. City Attorney Kit Williams: You have to start the acquisition of the parking spaces. You can remove up to 25 without doing anything, for example if we need them for safety purposes. Once you hit the 26th, the city needs to be in the process of getting replacement. It could also be a public and private partnership. It might be that the public spaces would be provided by someone in the private area, as long as they are public parking spaces. They can't be dedicated for residents. Council Member Tennant: That would qualify as net new? City Attorney Kit Williams: Yes, as long as they are net new. If we build on a parking lot or current one, even if it is privately owned, those spaces are already part of our parking infrastructure. There are 290 spaces on the Walton Arts Center parking lot and that's the number that needs to be probably replaced in one of these other locations. If you lose parking spaces in the other location by building a deck, then they must be replaced to get to the net new 290 spaces. There was a brief discussion about residential parking spaces in the Entertainment District. Council Member Tennant: This would not include the library deck or the downtown square parking lots, correct? Peter Nierengarten: That is correct. Robert Stafford, 527 South Sherman: Is it not possible to include any parking in the existing lot where the Arts Corridor is going to happen in the west street parking lot? City Attorney Kit Williams: The language says that if you replace parking there, then you don't have to replace anywhere else. It's only the net loss to that lot. Robert Stafford: There could be parking included in the Arts Corridor project? City Attorney Kit Williams: It would have to be public parking. If somebody built a residential project and built parking for their residents, that wouldn't count. If they have public parking spaces, then that would count and would not have to be replaced. Robert Stafford: We are building an arts corridor and maybe tearing down the Baum building, which is an arts facility. It seems counterintuitive. Mayor Jordan: I don't plan on tearing it down. Robert Stafford spoke about his concerns of parking being located further away than where it is currently now. City Attorney Kit Williams gave a brief description about where parking and entrances are located. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 10 of 30 There was a discussion about the Bank of Fayetteville train remaining as it is. Lucas Regnier, 3191 North Katherine: We aren't tearing down Nadine Baum? Mayor Jordan: I don't plan on doing that. It would be a last resort. Lucas Regnier: We don't plan on purchasing or eminent domaining the train bank? Mayor Jordan: We are in negotiations with some property owners around there. We'll have to wait and see how it goes. Lucas Regnier: If those are non-starters, then I urge the Council to vote down the amendment. There was a brief discussion about parking opportunities. Council Member La Tour: If we don't want Dickson Street to dry up and blow away, under current technologies, we have to have parking. If people don't have a place to park and feel safe walking from car to venue, we are going to see a diminution in the growth of Dickson Street. Dickson Street is a big generator of sales tax dollars and for that, we need parking. Mayor Jordan: I don't think anyone disagrees with that. Council Member Tennant stated the idea that we will replace any parking out of the WAC lot is something that's very important. He stated the bigger picture is the bond issue and the comfort level people will have for important things such as fire, police, roads, and parks. He spoke about citizen perceptions about how the bond proposal is divided up. He stated he is in favor of moving it forward to the voters, but hopes Council will make it as clear as possible to the voters. He stated if citizens wonder why the arts corridor was built a certain way, it's because the majority of people that went to the input meetings were artist and bicyclist. Council Member Gray: Economic development is priority, but this park is much more than a park, it's a sense of place. I was impressed with the team who developed the plan. They come from a city similar to ours. Small businesses, restaurants, coffee shops, and boutiques will surround it, as well as the large building at one end of it will bring people to the Downtown area. I see it as a huge economic development piece for our city. We don't want to give up the parking and the amendment is clear. We need to clarify as much as possible, but we also need to sell the beauty of the park and what it's going to do for our sense of place in Fayetteville. Don Marr, Chief of Staff stated the Walton Family Foundation provided unprecedented design funding for the city. He stated we don't spend $1.77 million to design parks. He stated this is not a park, it's an economic development driver. He spoke about the improvements made on Block Street and the private development that has now occurred. He stated the current project should generate private investment around the entire corridor. He stated it a programmable space, just like a theatre, but it's outdoors. He stated if the public doesn't see the benefit of it, they won't vote for it, but it would be a huge missed opportunity. He stated Crystal Bridges is fostering development in Bentonville. He stated a lot hasn't changed about how we've developed and what experiences 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page l I of 30 we have to bring people Downtown and this is the opportunity. He stated it is a civic space, not a park. He stated issues need to be addressed about parking and they can't handle parking needs just by having service parking options in the short term. He stated they are making a sales investment and need the public to be in favor of it. He stated the region needs to be anchored culturally and that's why the Walton Family Foundation believed in Fayetteville having this. Mayor Jordan stated he has been working on the bond issue for two years. He spoke about parking. He stated for the last three years his position has been that for every space taken out of the Walton Arts Center parking lot, he wants a new space in close proximity to the Walton Arts Center. He stated he's not going to destroy the Walton Arts Center or businesses. He stated he isn't going to touch the parking lot until he has replacement parking in the Downtown area. He stated he is working on a public and private partnership. He stated he is keeping the train and depot. He stated he's not going to destroy the Nadine Baum studio. Dana Bassi, 1649 North Timberridge Court spoke about Lewis Park. She stated she is concerned about the rapidly closing window of time remaining to purchase Lewis Park for citizens. She stated she is concerned that funding would be insufficient for the entire asking price or not come soon enough. She asked if it would be possible to have a contingency plan to fund the entire land. Mayor Jordan: We have been in negotiations with the University of Arkansas and Fayetteville Public Schools. Did the school board pass a resolution to partner with us? Don Marr: Yes. In the purchase or sale of land, the city has to do our own appraisal. We have conducted our appraisal of the property and presented it to the U of A Agricultural Division. Our number appraisal is lower than the appraisal they had. They had spoken with the city and U of A about a joint purchase if they take an appraisal amount that is lower than their original appraisal. The city and school district own multiple pieces of land and buildings together. They have agreed to not post the property for sale until the city addresses the bond issue and determines whether citizens support funding for it. The city and school district have a time period to respond before it can be sold to anyone else. Lucas Regnier, 3191 North Katherine stated the bond ordinance as drafted is excellent. He stated he would like greater clarification about parking issues Downtown. Joy Endicott, 1495 North Stephens Avenue stated she was pleased to hear about the new developments in the process of purchasing Lewis Park. She spoke about reallocating current funds for park improvements that the city already owns. She encouraged Council to allocate completely for the purchase of Lewis Park. She requested for Council to do everything they can to find a way to get it as soon as possible. Mayor Jordan: We are working on it. Nobody wants to lose the fields. We have been in negotiation with the school and the U of A. We have to take this bond to the people. They'll decide what they are going to do and then we can go back to the table again. We have the parks list, but the Council will have the final decision. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 12 of 30 City Attorney Kit Williams: The bond must be approved by the voters so there is enough money to do stuff, including Lewis Park. It will be up to the City Council to prioritize where they spend the money first, if the citizens pass the bond. Don Marr: It says that the money can be used for land acquisition. Council Member Smith: What is in the current plan amount for the parks bond? Don Marr: Around $25 million. There was a brief discussion how the funds will be divided and citizen decision on the funding of the parks question of the bond. Peter Lane, Walton Arts Center President thanked the city for their bold vision of the Cultural Arts Corridor. He stated he places his trust in Mayor Jordan in his commitment to replace any of the spots in west avenue with proximity parking. He stated the amended language is fine. Anita Parisi, 3658 Chatsworth Road spoke about the need of an aquatics facility. Evelyn Rios, 527 South Sherman and Vice Chair of the Fayetteville Housing Authority spoke about the planning of the arts corridor. She stated at their meeting there was discussion about Hillcrest Towers large surface parking lot on the north side with 120 parking spaces. She stated the parking lot could be turned into a four-story parking garage. Steve Clark, 438 East Fairway Lane, Chamber of Commerce President thanked Council Members La Tour, Tennant, and Gray for their service. He stated it a great bond issue. He stated it shows vision, creates opportunity, and helps define a sense of place even more. Carl Doege, 420 North Sang Avenue spoke about land acquisition and programmable space of the bond issue. Council Member Petty 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Tennant: There are many reasons the City of Fayetteville continues to be ranked as one of the top cities in the country and one of those reasons is what we've done here. We talked, listened, and made decisions the best way we know how. I'm proud to say I was part of the last few years and a part of this bond issue. Mayor Jordan thanked city staff, City Council, Don Marr, Peter Nierengarten, Paul Becker, Kit Williams, and Gordon Wilbourn for all their work. He spoke about completing the task he has been assigned. He spoke well of City of Fayetteville citizens. He spoke about all the many items 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 13 of 30 included in the bond that will benefit all citizens. He spoke about staying competitive with all the other cities. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6126 as Recorded in the office of the City Clerk PUblic Hearing: Raze and Removal 171 East Meadow: A resolution to affirm the Raze and Removal Order by the City Council for the house at 171 East Meadow pursuant to Resolution: 48-18 passed by the City Council on February 6, 2018. City Attorney Kit Williams: At the time I brought this forward, the owner had been pressed to do some needed repairs to make his house livable. One of the big issues was foundation and it looked like he hadn't done anything in six months. After six months, the building permit he obtained would be invalid if he hadn't done any substantial work. About a week ago, a contractor did some work and fixed part of the foundation, but not the part that was the worst. Our building safety officer said he thought it was substantial enough progress that he wanted to renew the building permit and not cancel it. At this time, I ask you to table the resolution indefinitely. We hope the owner will either put the money into it to make it habitable or allow us to remove it. Council Member La Tour moved to table the resolution indefinitely. Council Member Gray seconded the motion. Upon roll the motion passed 6-0. Council Members Bunch, La Tour, Gray, Marsh, Petty, and Tennant voting yes. Council Member Smith was absent during the vote. Council Member Kinion was absent. This resolution was Tabled Indefinitely. New Business: Arkansas Municipal League's Municipal Defense Program: A resolution to authorize participation by the City of Fayetteville in the Arkansas Municipal League's Municipal Defense Program. Council Member Gray: I'm going to pull this. Not because I think it's not something we should do, but we have some information that may change it to where we don't have to be a part of the Municipal League. City Attorney Kit Williams: I think this should be tabled indefinitely. I've been in contact with an attorney who is already representing us in another class action about the internet companies and their failure to pay all the HMR taxes they should be paying. He has agreed to represent us. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 14 of 30 would get paid by court order from any recovery we would be receiving and we would not have to put any money up front. Council Member Gray moved to table the resolution indefinitely. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. This resolution was Tabled Indefinitely. Municipal Legal Opioid Litigation: A resolution recognizing the opioid epidemic in the United States of America and in Arkansas; and to engage in litigation as a member of the Municipal Legal Defense Program against those entities and people responsible for this societal crisis. City Attorney Kit Williams: We will use a lot of, Whereas Clauses, if City Council decides to obtain the services and join the litigation. Don Marr, Chief of Staff thanked Council Member Gray. He stated they think it's important the City of Fayetteville not be left out of what is over 300 cities in the lawsuit and potential revenue if they are to win. City Attorney Kit Williams stated he had spoken about this topic with Chief of Police, Greg Tabor. Mayor Jordan thanked Council Member Gray for her work. Council Member Gray moved to table the resolution indefinitely. Council Member Tennant seconded the motion. Upon roll the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. This resolution was Tabled Indefinitely. Amend Section 166.15 (C) Expiration of Building Permit: An ordinance to amend section 166.15 (C) Expiration of Building Permit of the Unified Development Code to require the automatic expiration of a building permit 30 days after the City Council has ordered the Raze and Removal of the structure. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams gave a brief description of the ordinance. Don Marr, Chief of Staff stated this is a very common problem the city gets from citizens who don't understand why it takes the city so long to resolve issues. He stated it has been over a year since the city did raze and removal for this property with these building permit extensions. He stated the City of Fayetteville is a strong property rights city, but they want to make sure people 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 15 of 30 comply with building code requirements. He stated the code amendment will address the issue if someone is doing minimal improvements, but not solving the problem. Council Member Gray 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Don Marr thanked Yolanda Fields and her team for their persistence on addressing the issue. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6127 as Recorded in the office of the City Clerk Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $19,800.00 for the preliminary site analysis of a downtown parking deck, and to approve a budget adjustment. Justin Clay, Parking Manger gave a brief description of the resolution. City Attorney Kit Williams: Are they going to look at sites only to hold the entire potential 290 spaces or are they looking at a couple of decks? Justin Clay: Everything is on the table at this point. They can consider multiple locations. Council Member Marsh: Will they be looking at the potential for liner buildings? Justin Clay: Yes. Teresa Turk, 1408 West Cleveland requested for the Council to hold off on voting because she believes it is premature. She wants to wait and see if the voters will pass the bond issues. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 16 of 30 Council Member Petty: This is important to do before the April vote. This is the kind of information that's going to help us sell the bond issue and the feasibility of everything else we've talked about tonight. Council Member Gray: It's important we get on with this. Council Member Smith: Whether this arts corridor passes or not, this information will be valuable for planning parking Downtown. Council Member Gray moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Resolution 276-18 as recorded in the office of the City Clerk CH2M Hill Engineers, Inc. Amendment No. 10: A resolution to approve Amendment No. 10 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $6,981,332.00 for services in 2019. Mark Rogers, Water & Sewer Operations Manager gave a brief description of the resolution. The Water & Sewer Committee recommended forwarding the item to City Council. Don Marr, Chief of Staff spoke about the positive 30 -year relationship and performance with Jacobs. He stated staff is in favor of the renewal. Council Member La Tour moved to approve the resolution. Council Member Gray seconded the motion. Upon roll call the resolution passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Resolution 277-18 as recorded in the office of the City Clerk 2019 Asphalt Materials: An ordinance to waive the requirements of formal competitive bidding during 2019 for the purchase of asphalt materials for use by the Transportation Division, but to require informal quarterly bids or quotes. City Attorney Kit Williams read the ordinance. Terry Gulley, Transportation Services Director gave a brief description of the ordinance. Council Member Gray 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 17 of 30 City Attorney Kit Williams read the ordinance. Council Member La Tour 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams thanked Terry Gulley for his work and his cost saving strategy. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6128 as Recorded in the office of the City Clerk Motorola Solutions, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a one-year contract with Motorola Solutions, Inc. in the amount of $102,597.12 plus applicable taxes with automatic renewals for four additional years for maintenance of the city's Motorola simulcast radio system. City Attorney Kit Williams read the ordinance. Greg Tabor, Chief of Police gave a brief description of the ordinance. Council Member La Tour 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6129 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 18, 2018 Page 18 of 30 RJR Enterprises, Inc.: An ordinance to waive the requirements of formal competitive bidding and authorize a contract with RJR Enterprises, Inc. in the amount of $28,633.14 for the purchase and installation of repair tiles for playgrounds at Bryce Davis, Sweetbriar, and David Lashley Parks, and to approve a project contingency in the amount of $3,000.00. City Attorney Kit Williams read the ordinance. Byron Humphry, Parks Maintenance Superintendent gave a brief description of the ordinance. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6130 as Recorded in the office of the City Clerk RZN 18-6441 (SE of 54th Ave. & Persimmon St./Wilson Farm Land): An ordinance to rezone that property described in rezoning petition RZN 18-6441 for approximately 36.62 acres located southeast of 54th Avenue and Persimmon Street from RSF-8, Residential Single Family, 8 units per acre to R -A, Residential Agricultural. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Peter Nierengarten, Sustainability & Resilience Director stated the rezoning is necessary to execute on the solar agreement that City Council approved last month. He spoke about the many benefits this would provide for citizens. Council Member Smith: I'm enthusiastic about this and ready to get it going. I noticed we have a misalignment on Persimmon. What are we talking about there on the corner? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 19 of 30 Garner Stoll: When the developer requested the rezoning to RSF-8, they wished to instead of building an expensive collector street on the northern boundary, they requested realignment that collector street so they could build it to serve their residential development. Our view is that the collector now would best be located on Persimmon. There was a brief description about alignment and Persimmon. 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: Nice work and good project. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6131 as Recorded in the office of the City Clerk VAC 18-6433 (839 N. Gregg Ave./Davis): An ordinance to approve VAC 18-6433 for property located at 839 North Gregg Avenue to vacate a portion of a utility easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 18, 2018 Page 20 of 30 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 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6132 as Recorded in the office of the City Clerk ADM 18-6377 (3600 W. Player Ln./The Links PZD Amendment): An ordinance to amend Ordinance No. 5015 which enacted Residential Planned Zoning District 07-2452 (The Links) to allow multi -family units to be constructed in Planning Areas I and VI which were previously approved for commercial and townhome uses. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. The Planning Commission on a split vote recommended approval with conditions. Hugh Jarratt, Applicant's Representative stated the property had been for sale a long time and they have been trying to market the commercial property and it has not worked. He spoke briefly about the proposed project. Council Member Smith: For the 11 years it has been there, I have never seen a sign on the property. That might not be the primary way you market commercial, but people in the neighborhood could be forgiven for never realizing it was available. Hugh Jarratt: The primary owner of this property also owns a commercial real estate firm. Mr. Jim Lindsey has never liked to put a sign on his property. A lot of commercial developments come through, talk to his brokers and his brokers have a personal relationship and it can move that way. I assure you this has actively been shown for 11 years and we have not gotten a bite. This is just removed enough that the commercial use has not been viable. Council Member Smith: Do you anticipate the demand changing at all with the Rupple connection going all the way through? Hugh Jarratt: Probably not. With the boulevard and median being there does not help cross traffic. Commercial likes to be around other commercial. It is just a little bit north of the other activity. This does not preclude commercial use. This is an additional use unit in that area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 21 of 30 Council Member Smith: What is your time frame on doing something else with it? Hugh Jarratt: This would line up for a construction superintendent that has not even started a project yet. Unless something changes in the construction world, it could be two to three years before we have a person here. Council Member La Tour: This is a perfect example of the market working. These people are involved in the market place, day in and day out. We should always defer to someone who is in it every day, as long as it's compatible with our zoning in the area. I applaud your efforts to take a risk and develop land. Thank you for investing in our city. Hugh Jarratt: Thank you. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-1. Council Members Bunch, La Tour, Gray, Marsh, Petty, and Tennant voting yes. Mayor Jordan voting yes. Council Member Smith voting no. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. 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 6-2. Council Members Bunch, La Tour, Gray, Marsh, and Tennant voting yes. Mayor Jordan voting yes. Council Members Smith and Petty voting no. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Smith: I suspect folks would be surprised that I have reservations about higher density housing. Generally, it's what we need and I'd be supportive of it, but at some point, we have to make room for things people need to do as well. I worry that as we pack in housing wall to wall, without leaving gaps for other development, we will create sprawl and traffic problems. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Bunch, La Tour, Gray, Marsh, Petty, and Tennant voting yes. Council Member Smith voting no. Council Member Kinion was absent. Ordinance 6133 as Recorded in the office of the City Clerk Fayetteville Public Library Property New Tree Preservation Easement: An ordinance to vacate an existing tree preservation easement on the Fayetteville Public Library property and replace it with a new tree preservation easement on Fayetteville Public Library property that is more than twice as large. 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 18, 2018 Page 22 of 30 John Scott, Urban Forester gave a brief description of the ordinance. He stated to offset the vacation of the current tree preservation easement a new 15,534 square foot tree preservation easement is being proposed. He stated the item states the proposed easement is 7,566 square feet and that information is incorrect. He stated staff is recommending approval with the addition of the larger tree preservation easement. Will Dockery, Urban Forestry Advisory Board Member stated the board recommended approval with a vote of 6-0. He stated they are in favor of the library and its expansion, but the abandonment of tree preservation areas is not favorable. He stated the city needs to make sure they are putting a focus on preserving mature canopy and that future buildings are designed from the beginning to preserve the mature canopy. City Attorney Kit Williams stated he was on the first Council that adopted the tree ordinance and he has seen many of the changes. He stated it's always been that preservation is the number one priority if it can be done, but sometimes in a reasonable fashion, it can't be done. He stated you can't make a project work without it and when that happens there are four other things that can be done. He spoke about the four possibilities and stated planting mitigation trees on site is the choice that was made. He doesn't believe the decision made was against the spirit of the tree preservation ordinance. Council Member La Tour: Preservation is our priority, but some projects it won't work and it's not reasonable. The code offers other alternatives to preservation. Keep the laws of developers' flexible enough for them to make the best decisions they can for their business models. City Attorney Kit Williams: We need to do an amendment. Staff should review their agenda items. We should have heard about this no later than the Agenda Session, rather than at the City Council meeting. Council Member La Tour moved to amend the language to say four times as large and replace it with 15,534 square feet. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Council Member Petty 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 18, 2018 Page 23 of 30 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6134 as Recorded in the office of the City Clerk Walton Arts Center Council, Inc. Education Contract Renewal: An ordinance to waive the requirements of formal competitive bidding and authorize a contract for Educational, Entertainment and Administrative Services in 2019 to the Walton Arts Center Council, Inc. in the amount of $250,000.00. City Attorney Kit Williams read the ordinance. Justin Clay, Parking Manger gave a brief description of the ordinance. Don Marr, Chief of Staff stated staff met with the Walton Arts Center Executive Director and informed him of Council's change at the last budget session. He stated in the 2020 year it would be moving to the grant funding program. 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Tennant moved to suspend the rules and go to the third and final reading. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6135 as Recorded in the office of the City Clerk Seven Hills Homeless Center Contract: An ordinance to waive the requirements of formal competitive bidding and approve a contract with Seven Hills Homeless Center in the amount of $108,000.00 for services to homeless and needy residents in Fayetteville in 2019. 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 18, 2018 Page 24 of 30 Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member La Tour: I think we should pass this and support those less fortunate in our city. 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 Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. 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 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan: Thank you Council for doing this. It is much needed. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member Kinion was absent. Ordinance 6136 as Recorded in the office of the City Clerk Recycling and Trash Collections Rate Study: A resolution to accept and adopt a new Recycling and Trash Collection Rate Study. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the resolution. John Culbertson, MSW Consultants presented the comprehensive overview of project methodology and results to the City Council. Council Member La Tour: In 2017, the last full year of operations for our Trash & Recycling, what were the results of operations? Did we make money or lose money? Paul Becker, Chief Financial Officer: We were under in operations about $200,000. Council Member La Tour: At the end of 2018, do you have an idea of where we are year to date? Paul Becker: We will end up with a shortfall of about $200,000 to $300,000 depending on when I close out the books. As far as 2019, we are budgeted for a shortfall in excess of $600,000. If we 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 18, 2018 Page 25 of 30 base it on this study, we should get sufficient revenue, if we change our ordinance to increase rates to break even. Council Member La Tour: I have a constituent that wants some questions asked. How does the proposed rate structure encourage residents of multiplexes to generate less garbage? John Culbertson: The multifamily sector, because of its use of centrally located receptacles for waste and recyclables, is not as easy to have a waste generation incentive. The focus we took did not go towards how do we give an incentive to reduce waste generation. It did go towards how can the city expand access to recycling, which should reduce disposal and shift materials to recycling. Peter Nierengarten: The other component to that is removing the financial disincentive that currently exists within multifamily recycling. Right now, multifamily complexes that want to participate in recycling have to pay .97 cents per unit extra to participate and the proposed rate structure would eliminate that additional per unit charge. Council Member La Tour: How does the MSW proposed rate structure equalize garbage generation responsibility between home owners and owners of multiplexes? John Culbertson: If you look at the services provided to single family residences and the rates, which includes refuse, recycling, yard waste, and bulky waste collection and then look at multifamily services, which is refuse, recycling, and bulky waste collection, not yard waste, the rates are lower. One of the objectives in the rate structure is to have rates that are reflective of the services being provided. That's why the multifamily rates overall are lower than the single family rates. Council Member La Tour: Does the Planning Department require developers to build in sorting options so residences can sort the recyclables as it's done in large apartment complexes in New York? Peter Nierengarten: In September of this year, the City Council passed a series of ordinances to amend the development code that required recycling for commercial and mixed-use developments. I'm not aware of anything in the residential multifamily sector that requires space for recycling, but if it is a priority for the Council, it's something we can work with Development Services to look at it. Council Member La Tour: My constituent is very concerned about pseudo -recycling. MSW's presentation at the Water & Sew6r Committee meeting is that single stream is still in consideration. The constituent is not in favor of single stream recycling. Can you name the model single stream recycling facility that any of the city staff would support? Peter Nierengarten: There is nothing in this current rate proposal that implies or directs the city to work towards single stream. All the expansion of recycling services is utilizing the city's existing curb sort program. We would be expanding the curb sort program to multifamily complexes that are 24 units and less. We would also be expanding the current battleship recycling, which are the large containers that have the separated compartments for the different commodities 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 26 of 30 of recyclables. I'm not aware of any model facility that any of our staff has been researching regarding single stream. Don Marr, Chief of Staff: This Council passed a Waste & Recycling Master Plan that explicitly excludes single stream as an option for the city to pursue. The Mayor has directed staff to not research it and not implement it. Council Member La Tour believes the book is still open on single stream recycling. He stated his constituent is more agitated about single stream recycling than he is. He spoke about the benefits of single stream recycling. Don Marr: The staff works on the direction of the policy of the Council. The current policy of the Council is that it's not included in our Master Plan or Operational Plan. Council Member La Tour: What did you charge us for this study? John Culbertson: $47,000. Council Member Smith: There are a lot of services in there. Some of them are above cost and some are under. What are the things we are incentivizing with the subsidy that we are wanting people to do more of? John Culbertson stated the subsidies are primarily focused on making recycling affordable. He spoke about moving towards customer class full cost. He spoke about the list of items they are incentivizing. Council Member Smith: Why does a residential 96 -gallon bin cost less than a commercial 96 - gallon bin? John Culbertson: In residential high-density routing in a neighborhood you are stopping every 90 to 100 feet. Typically, small businesses have the cart service and you are deviating from the route. The whole solid waste collection business is a business on how fast can you go collect at the stops. As soon as the truck has to go off route and drive longer drive time, it increases the cost to serve those customers. Peter Nierengarten: The residential rate includes composting as well. The commercial rate does not qualify for the compost pick up. The residential rate includes the one time a year bulky waste pick-up and participation in ward clean ups. There was a brief discussion about the rate levels. Don Marr: Out of city discussion is important because when we are providing water and sewer service out of the city, we do 1.5 times our rate. We collect a higher fee when we are operating outside the city because its capacity being taken. This is to be in align with what we do with other utilities as well. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 27 of 30 Council Member Gray: I'm excited and it is long overdue. Mayor Jordan: It was a very good presentation. Council Member Gray moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 6-1. Council Members Bunch, Smith, Gray, Marsh, Petty, and Tennant voting yes. Council Member La Tour voting no. Council Member Kinion was absent. Resolution 278-18 as recorded in the office of the City Clerk Recycling and Trash Collection Rate Amendments: An ordinance to amend §50.40 Rates for Services of the Fayetteville City Code to align the city's recycling and trash collection rates with the recent rate study. City Attorney Kit Williams read the ordinance. Peter Nierengarten, Sustainability & Resilience Director gave a brief description of the ordinance. There was a brief discussion about the use of the composting facility and making change, rather than having even dollars for collection. Council Member Gray: I am glad we are including multifamily more. I want us to continue to work hard at the U of A. Peter Nierengarten stated he absolutely agreed with that. He spoke about being excited about the expansion of multifamily recycling with a curb sort program. Council Member La Tour: We have been losing money since 2017, but we are increasing the total revenue by over a million. It doesn't seem like a very good deal for our citizens and that's why I voted no on the last item. In this proposal, you are going to automatically increase my rate each year by the consumer price index, unless the Council acts. This is an automatic rate increase that concerns me. John Culbertson, MSW Consultants gave a brief description of the development of full cost projections. Don Marr, Chief of Staff spoke about rate disparity between residential and commercial. He spoke about CPI indexing of fees Council Member La Tour: I'm not objecting to CPI indexing of fees. I just don't want it to be automatic. If we are going to increase the fees that we charge our citizens, we should have a public vote on that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 18, 2018 Page 28 of 30 Don Marr: For many years, we brought forward the item to waive those automatic increases until recently when we got behind the rate. I am confident the elected officials who are being accountable to citizens on what they pay monthly, there's nothing automatic. We look at them each budget year. We set money behind every year for capital. Paul Becker, Chief Financial Officer stated when he talked about this year and the city folding a $600,000 loss, those were in operating cost, not capital cost. He stated this year based on the new plan, the operating cost are much larger than they had the last couple of years and that's why the losses are bigger now. He stated when we increased the new plan, we added new people and routes, which increased the operating cost quite a bit. Council Member La Tour: I would hope any new route we add, we would not charge less than our cost for that route. Each new route should pay for itself or our pricing is off. Don Marr: This study is showing you the current rates aren't covering that cost, which is why we are having this discussion. A brief discussion followed about depreciation and capital. Teresa Turk, 1408 West Cleveland requested for the item to go to the second reading and give the public more time to look at the rate study. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion failed 5-2. Council Members Bunch, Gray, Marsh, Petty, and'Tennant voting yes. Council Members La Tour and Smith voting no. Mayor Jordan chose to not vote. Council Member Kinion was absent. This item was left on the First Reading. Oakbrooke Subdivision Phases 1 and 2 Utility Easements: An ordinance to vacate portions of utility easements in Phases 1 and 2 of the Oakbrooke Subdivision. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. Derek Thomas, Bates & Associates stated this is part two of cleaning up the replat that was approved by Planning Commission many years ago. He stated it now needs to be approved by City Council to get the easements totally vacated. Council Member Smith: Earlier tonight when we passed a similar vacation on Gregg Street, there was a standard condition we see in all of these that its approval is subject to the condition that relocation or damage of utilities be at the expense of developer. That is not in these. Does that need to be since our Section 1 has us determining there's no utilities without talking to the utility companies first. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 29 of 30 City Attorney Kit Williams: If there are no utilities in there, which you must find, then there's nothing to be hurt or moved. Most of these easements are underneath structures? Derek Thomas That is correct. City Attorney Kit Williams: You have to determine there's no utilities in here before you can grant this. If you think any of these utilities are within this area, you cannot grant this. You are making a finding there are no utilities in these easements and nothing that could be damaged and that's why it was not placed in this ordinance. Don Marr: You are taking the applicant's interpretation that there are no utilities in this item. Council Member Smith: It seems that we can say there's nothing there, but in the off chance we could miss something. Tracy Hoskins, Owner gave a brief historical description of the project. He stated he is confident there is nothing in the easements. Council Member La Tour moved to suspend the rules and go to the second reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 6-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, and Tennant voting yes. Council Member Petty was absent during the vote. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Council Member Tennant 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 6-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, and Tennant voting yes. Council Member Petty was absent during the vote. Council Member Kinion was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Council Members Bunch, La Tour, Smith, Gray, Marsh, and Tennant voting yes. Council Member Petty was absent during the vote. Council Member Kinion was absent. Ordinance 6137 as Recorded in the office of the City Clerk Announcements: Don Marr, Chief of Staff stated City of Fayetteville offices will be closed on December 24tH December 25th, and January 1St for the holidays. He stated Agenda Session will be on Thursday, December 27, 2018 since the city is closed on Tuesday, December 25, 2018. He stated the next City Council meeting will be on January 3, 2019. He spoke about trash and recycling service dates and transfer station. The schedules can be viewed on the website. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 18, 2018 Page 30 of 30 Council Member La Tour stated this would be his final time to speak to the City Council and left with this verse. "Lord, to God in the highest, peace on earth, and good will toward men." Mayor Jordan stated his appreciation to Susan Norton for helping to get the bond work done, press releases, FOIA, setting up public meetings and the surveys. Ci Council Agenda Session Presentations: Sales Tax Bond Discussion - Paul Becker City Council Tour: None Adiournment: 10:20 p.m. tom - on ld J a Mayor Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov Chair Mark Kinion Council Member Ward 2 Position 1 Vice Chair Sarah Marsh Council Member Ward 1 Position 2 Nominating Committee Report December 12 & 13, 2018 Sarah Bunch Council Member Ward 3 Position 2 Kyle Smith Council Member Ward 4 Position 2 Members Present — Vice Chair, Sarah Marsh, Sarah Bunch, and Kyle Smith Absent: Mark Kinion The Nominating Committee recommends the following candidates for appointment: ACTIVE TRANSPORTATION ADVISORY COMMITTEE Drew Wallis — One Community Citizen at Large term ending 12/31/20 Laura Canter — One Community Citizen at Large term ending 12/31/20 Josh Moody — One Community Citizen at Large term ending 12/31/20 AIRPORT BOARD Kayla Bruskas — One Business term ending 12/31/23 Charles Wallace — One Pilot term ending 12/31/23 Vacant — One Aeronautical unexpired term ending 12/31/20 ANIMAL SERVICES ADVISORY BOARD Vacant — One Licensed Veterinarian/Veterinary Professional unexpired term ending 06/30/19 Whitney Srsen — One unexpired citizen at large term ending 06/30/20 AUDIT COMMITTEE Chad Reed — One term ending 12/31/21 BOTANICAL GARDEN SOCIETY OF THE OZARKS Catherine Hipp — One term ending 12/31/21 CIVIL RIGHTS COMMISSION Samantha Arroyos — One Business Community term ending 12/31/21 Kyle Garen — One Owner or Manager of Rental Property term ending 12/31/21 Siera Delk — One Citizen at Large term ending 12/31/21 ENERGY IMPROVEMENT DISTRICT NO. 1 Joseph Donahue — One term ending 12/31/20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov ENVIRONMENTAL ACTION COMMITTEE Joseph Donahue — One Local Industry term ending 12/31/21 Colin Massey — One Community Citizen at Large term ending 12/31/21 FAYETTEVILLE ARTS COUNCIL Cindy Morley — One Working Artist unexpired terms ending 06/30/19 Robert Stafford — One Working Artist unexpired terms ending 06/30/19 Jake Hertzog — One Working Artist unexpired term ending 06/30/21 PARKS AND RECREATION ADVISORY BOARD Will Dockery — One term ending 12/31/21 Keith Tencleve — One term ending 12/31/21 Nicole Claesen — One term ending 12/31/21 URBAN FORESTRY ADVISORY BOARD Alan Ostner — One Tree Service Community term ending 12/31/20 Audra Rogers — One Community Citizen at Large term ending 12/31/20 Glenda Patterson — One Community Citizen at Large term ending 12/31/20 Robert Stafford — One Community Citizen at Large term ending 12/31/20 The Pubic Facilities Board and Mayor recommends the following candidates for appointment: PUBLIC FACILITIES BOARD Hugh Earnest — One term ending 12/31/23 Konrad Siemek — One unexpired term ending 12/31/21 Lynn Cunningham — One unexpired term ending 12/31/22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov