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HomeMy WebLinkAbout2019-05-07 - Minutes -Council Member Sonia Gutierrez 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 May 7, 2019 City Council Meeting Minutes May 7, 2019 Page 1 of 17 Council Member Sloan Scroggin Ward 3 Position l Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on May 7, 2019 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements Proclamations and Recognitions: None City Council Meeting Presentations Reports, and Discussion Items: Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. AlZenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 2 of 17 Consent: Approval of the April 16, 2019 City Council Meeting Minutes. Approved JCI Industries, Inc.: A resolution to approve the purchase of a replacement secondary clarifier scum pump from JCI Industries, Inc. in the amount of $20,707.00 plus applicable taxes for use at the Noland Wastewater Treatment Facility, and to approve a budget adjustment. Resolution 99-19 as recorded in the office of the City Clerk Pump Solutions, Inc.: A resolution to accept a quote in the amount of $13,389.00 plus applicable taxes from Pump Solutions, Inc. for the purchase of a critical spare parts kit for the influent pumps at the Noland Wastewater Treatment Facility, and to approve a budget adjustment. Resolution 100-19 as recorded in the office of the City Clerk Watershed Conservation Resource Center Amendment No. 1: A resolution to approve Amendment No. 1 to Task Order No. 6 with the Watershed Conservation Resource Center in the additional amount of $12,160.31 for streambank repairs at Sweetbriar Park. Resolution 101-19 as recorded in the office of the City Clerk McLarty Nissan of little Rock: A resolution to authorize the purchase of a Nissan Leaf from McLarty Nissan of Little Rock in the amount of $25,500, pursuant to a state procurement contract, for use by the Planning Division. Resolution 102-19 as recorded in the office of the City Clerk Riggs Cat of Springdale: A resolution to authorize the purchase of a 2019 Caterpillar CB10 Asphalt Compactor from Riggs CAT of Springdale in the amount of $146,271.00, pursuant to a Sourcewell Cooperative purchasing contract, for use by the Transportation Department. Resolution 103-19 as recorded in the office of the City Clerk MHC Kenworth of Springdale: A resolution to authorize the purchase of a 2020 Kenworth T440 Roll -Off Truck from MHC Kenworth of Springdale in the amount of $188,373.31, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division. Resolution 104-19 as recorded in the office of the City Clerk Arkansas Municipal Equipment, Inc.: A resolution to authorize the purchase of a two Peterbilt 520 front load trucks with New Way bodies from Arkansas Municipal Equipment, Inc. in the total 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 3 of 17 amount of $499,644.92, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division. Resolution 105-19 as recorded in the office of the City Clerk The Southern Company: A resolution to approve a contract with The Southern Company in the amount of $20,580.00 plus applicable taxes for the purchase and installation of a fuel station canopy for the Fleet Operations Division. Resolution 106-19 as recorded in the office of the City Clerk Police Department Personnel: A resolution to authorize the combination and conversion of a 0.5 full time equivalent civilian park patrol position and a 0.5 full time equivalent police imaging clerk position to a 1.0 full time equivalent police support specialist position in the Police Department with the understanding that the park patrol position will be replaced by reassigning a full time sworn police officer dedicated to patrolling Fayetteville parks and trails. Resolution 107-19 as recorded in the office of the City Clerk Destruction of Certain Records: A resolution to authorize the destruction of certain records shown on the attached affidavit pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records, and to approve a budget adjustment. Resolution 108-19 as recorded in the office of the City Clerk Tower Square Fayetteville, LLC: A resolution to approve a two year sublease agreement with Tower Square Fayetteville, LLC for four parking spaces at 112 West Center Building for use by the Federal Public Defender's Office in the amount of $50.00 per space per month. Resolution 109-19 as recorded in the office of the City Clerk North America Fire Equipment Company, Inc.: A resolution to approve the purchase of replacement bunker gear for the Fire Department from North America Fire Equipment Company, Inc., on an as needed basis, pursuant to an NPPGov Cooperative Purchasing Contract, through June 14, 2019, and any future renewal periods. Resolution 110-19 as recorded in the office of the City Clerk Target Solutions Learning, LLC: A resolution to approve a contract with Target Solutions Learning, LLC through May 30, 2022, in the amount of $10,986.00 for the first year with 3% annual increase, pursuant to an NPPGov Cooperative Purchasing Agreement, for software to be used by the Fire Department to assist with training, recordkeeping, and compliance. Resolution 111-19 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 7, 2019 Page 4 of 17 Domino's Pizza, LLC: A resolution to authorize acceptance of a Paving For Pizza grant through Domino's Pizza, LLC in the amount of $5,000.00 for filling pot holes, and to approve a budget adjustment. Resolution 112-19 as recorded in the office of the City Clerk Microsoft Corporation Three Year Renewal: A resolution to authorize a three year renewal of the Enterprise Agreement with Microsoft Corporation, through its authorized reseller SHI International Corporation, for software products in the amount of $136,371.68 per year plus applicable taxes, pursuant to a state procurement contract, and to approve a project contingency in the amount of $27,274.00 per year for additional software licenses as needed. Resolution 113-19 as recorded in the office of the City Clerk Burns & McDonnell Engineering Company Inc. Supplement Agreement No. 1: A resolution to approve Supplement Agreement No. 1 to the contract with Burns & McDonnell Engineering Company, Inc. in the amount of $50,439.00 for additional design services associated with the Sain Street Extension Project, and to approve a budget adjustment. Resolution 114-19 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: RZN 19-6553 (510 S. College Ave./Goody): An ordinance to rezone that property described in rezoning petition RZN 19-6553 for approximately 0.22 acres located at 510 South College Avenue from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. This ordinance was left on the First Reading at the April 16, 2019 City Council meeting. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director stated he did not have any further information. He stated the applicant was unexpectedly out of town and if Council had questions, he would be happy with a continuance. A discussion followed about leaving the item on the second reading. This item was left on the Second Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 7, 2019 Page 5 of 17 RZN 19-6555 (1924 S. Ashwood Ave./Cottages at Ashwood): An ordinance to rezone that property described in rezoning petition RZN 19-6555 for approximately 0.16 acres located at 1924 South Ashwood Avenue from RSF-4, Residential Single Family, 4 units per acre to RI -U, Residential Intermediate -Urban. This ordinance was left on the First Reading at the April 16, 2019 City Council meeting. City Attorney Kit Williams: The applicant emailed Garner Stoll and stated he wanted to change his request to RSF-8. I have prepared that amended ordinance. Garner Stoll stated he met with the applicant. He spoke about what the appropriate zoning district would be based on the lot size. He stated the lot meets all the base requirements of the RSF-8. He stated the lot is 50 -foot -wide and 142 feet deep and has area requirements. He stated the applicant indicated he would like to construct a duplex, which would take a conditional use permit from the Planning Commission. Council Member Petty moved to amend the ordinance to RSF-8. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the entire ordinance. Council Member Petty 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan thanked staff for their work. He thanked Council Member Petty for suggesting RSF-8 at the last City Council meeting. He thanked the neighborhood and the applicant for working with the neighborhood. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6180 as Recorded in the office of the City Clerk RZN 18-6573 (509 W. Prairie St./Prairie St. Live): An ordinance to rezone that property described in rezoning petition RZN 19-6573 for approximately 0.93 acres located at 509 West Prairie Street from DG, Downtown General to MSC, Main Street/Center. This ordinance was left on the First Reading at the April 16, 2019 City Council meeting. Garner Stoll, Development Services Director stated he did not have any further information. City Attorney Kit Williams read the entire ordinance. Jason Wright, Modus Studio, Applicant's Representative stated he was available for questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 6 of 17 Mayor Jordan requested to know the difference between Downtown General and Main Street Center. Garner Stoll: The uses are very similar. The height limitations are different. MSC allows two additional stories. MSC is viewed as a commercial district for purposes of sound control. The existing district would be viewed as a residential district. It matters because of the decibel levels that are allowed. MSC allows the possibility of the applicant seeking a conditional use permit for outdoor events. City Attorney Kit Williams: That is not allowed in Downtown General? Garner Stoll: Outdoor music is not allowed in DG, but is in MSC. Council Member Turk: What is the total number of heights, if it is rezoned? Garner Stoll: Seven stories. Five stories is in the existing zoning. Council Member Kinion: I've heard from people regarding it on both sides. Council Member Gutierrez: This is at the base of the Cultural Arts Corridor. It is a great entry point from the south. Having a lot of flexibility for that corridor entrance is important, including height. I could potentially see artist work spaces or studios there, if they go with the height. The concern for me is parking and sound. Garner Stoll spoke about the parking requirements in nonresidential uses and residential uses areas. He stated in nonresidential districts, they do not require parking. He stated if they were to pursue a conditional use permit for an events venue, the Planning Commission could look at it to make sure it fits into the neighborhood. Council Member Scroggin: I am okay with the increased density and not a requirement for more parking. For outdoor entertainment, if the neighbors around there had issues with the music, a conditional use permit could be restricted down to the residential level. Garner Stoll: For outdoor performances, it is a discretionary conditional use process. Reasonable conditions can be added. Council Member Scroggin: If people had an issue, you could restrict it. Allowing more options if that's needed and then if it doesn't work for people that live there, it could be revisited at some point if a conditional use permit is passed in the future. Garner Stoll spoke about the Planning Commission being experienced and knowledgeable with this issue. Council Member Kinion: For the last three years, we have faced the parking situation up town and there was a conditional use, but it was violated continuously. It tells us a lot about this type of operation and I have concerns. I am reluctant to support this because of the problems we have seen 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 7 of 17 up town. This is compounded more by the fact it is in a neighborhood, whereas up town, it was adjacent to a neighborhood. This is a very urban neighborhood, but there is a good fit with the urban level. Parking is going to be hard down there. The streets that go into the neighborhood are very narrow and winding. They aren't going to have street parking available. The conditional use is going to have to be scrutinized and set up in a way that it can be in place and hopefully it won't be violated. Council Member Marsh: I am going to support this. It is a visionary plan for this neighborhood. There are very few residences nearby this. In full disclosure, my boyfriend's law firm is directly across the trail from this property. That is one of the few residential properties that is right next to it. As far as parking, this is on the Razorback Greenway. This is a popular area of town that has a lot of things happening. I see this as part of this neighborhood evolving and becoming a more urban neighborhood with a lot of attractions and reasons for people to spend their tourism and entertainment dollars here. Council Member Scroggin spoke in support of the ordinance. He stated he hopes the conditional use permit works better for this rezoning request. Council Member Bunch: I am not decided on this yet. It could be a unique addition to this part of town, but there are houses on the corner of West and Prairie now. There is a lot of traffic on the corner and we need to continue to work on parking. I'm in support of it to the extent if I think we can make sure the hours are right for the music. Garner Stoll: If you do approve it, our recommendation will be stringent in terms of the startup numbers. I heard numbers on the tour that don't work for this parcel. They were too high. Council Member Smith: To the extent that this is a zoning and land use question, I am going to support this. To the part where it comes down to a performance venue and conditional use permit, I think that's the next conversation. When I look at this, all around it is Main Street Center. This will fit the zoning that is across the trail. The neighbors on Prairie Street have already had this kind of zone in the neighborhood. We won't be adding, just by the zoning classification any undue additional burden to them. There is a lot of potential for this to turn into something neat. This is the first step in unlocking the potential for the neighborhood. Council Member Turk: I like the idea of being able to ride my bike to a music venue. I'm concerned about the scale of people that would be there, parking, and if the applicant chose to build a seven -story building. Prairie Street is very congested. I like the concept, but I have some reservations. Council Member Kinion: Garner, you said that the numbers didn't work for this parcel and they were too high? Garner Stoll: I don't think they can accommodate 1,200 people there. Council Member Kinion: I don't either. That is the intent? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes May 7, 2019 Page 8 of 17 Garner Stoll: I think they are still doing their homework and exploring options. They are looking at various concepts. The startup needs to be very modest. It's not going to work unless they figure out how to manage their parking. Don Marr: Garner let the applicant know that the numbers are not something they should expect the staff to support when it comes to the Planning Commission for a conditional use. Garner Stoll: I don't want it to influence Council on the rezoning. It is already zoned MSC to the east and south. It's not out of character with the zoning in the area. Council Member Smith: Do we have easy access to the amount of street frontage that is on this parcel? There is currently not on -street parking here. Garner Stoll: Both streets are called bar ditch drainage streets. They could be improved and add parallel parking. Council Member Smith: How much parking would be gained by improvements to on -street parking? Garner Stoll: It's just under an acre. It's about 400 feet by 300 feet. Council Member Marsh: There is a very popular transit stop two blocks up. It will help accessing it from the U of A for students. Mayor Jordan stated it is a good idea, but spoke about his parking concerns. Council Member Gutierrez: What is the next level of zoning that would require a certain amount of parking? Garner Stoll: Outdoor music is not allowed as a permitted use in this district. It's allowed as a conditional use. To create their event center they have described, they would have to apply for a conditional use permit, which goes to the Planning Commission. Council Member Gutierrez: Is this the best zoning so that the parking can be planned, if there is a seven -story building? Garner Stoll: Fayetteville doesn't require parking for nonresidential uses in any district. Residential uses require parking, which are also allowed in this district. Don Marr: On Government Street, there are approximately 11 parking spaces from MLK to Prairie. It is not wide enough for parking on both sides. Council Member Marsh stated if they think of this as part of their comprehensive downtown cultural arts strategy, it's not a difficult walk from the library parking deck. She spoke about opportunities for shared parking. She stated the rezoning request is compatible with the area. She spoke about growing a livable transportation network and trail oriented development. She stated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 9 of 17 they needed to look ahead and think about neighborhood quality and the quality of the cultural arts they want to provide in the community. She stated the rezoning is consistent with that vision. Council Member Kinion: Parking is relevant and we saw that with uptown. It was immediate and unfortunate. I can't say I'm looking at 20 years down the road when I know there's something that will be happening 3 years down the road that will have an immediate impact on what's currently in this neighborhood. This item was left on the Second Reading. New Business: Whiting Systems, Inc.: A resolution to approve the purchase of an automated carwash system from Whiting Systems, Inc. of Alexander, Arkansas in the amount of $532,583.88, pursuant to a Houston -Galveston Area Council cooperative purchasing contract for the Fleet Car Wash Project, and to approve a budget adjustment. Terry Gulley, Transportation Services Director introduced Sara Glenn as the new Fleet Operations Superintendent. Sara Glenn, Fleet Operations Superintendent gave a brief description of the resolution. Council Member Turk: This is just the request for the car wash system, not a new building? Sara Glenn: Correct. Council Member Smith: Is there a ball park estimate for the total project price? Sara Glenn: The total project budget is $1.3 million. It includes site development. Council Member Scroggin: Do we have any estimates on increased life span of our equipment by using this, as opposed to the old system? Sara Glenn: Our old system does not get into crevasses and clean it properly. The part that most commonly goes down in our system is the sensor that senses where the end of the vehicle is. We have a lot of wasted water right now because it will go all the way down the track instead of stopping where the vehicle ends. With this system, where the jets come out, they rotate and will be able to get into crevasses better. Council Member Scroggin: Where does the debris currently go? Sara Glenn: With the new wash, on the average size or smaller wash, we plan on recycling the water. Currently, on the large wash we have a drain that it goes down into and we clean it out. We have a vacuum truck that we regularly use to suck it all out and it goes to the Wastewater Treatment Plant. We will likely do that again with the new wash. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 10 of 17 Don Marr spoke about the positive aspect of having Sara Glenn as the Fleet Superintendent. He spoke about the hard work she has done in preparing the carwash system project. He stated the city has a top 20 fleet in the United States as a municipality. He stated the hope is that the new carwash will extend the life of the vehicles. He stated the current system doesn't give the ability to measure. He spoke about the positive environmental impacts the new system would have. He spoke about the corrosive and smelly impacts on vehicles in the summer months. He spoke about salt melt in the winter months on the vehicles. He spoke about the positive benefits of the new carwash. He spoke about the fleet services continuing to grow. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 115-19 as recorded in the office of the City Clerk Revival Architecture, Inc.: A resolution to approve a contract with Revival Architecture, Inc. for professional architectural services for the Woolsey Farmstead Reconstruction Project, with Phases 1, 2, and 3 to be completed in 2019 at a total cost of $31,750.00 and Phases 4 and 5 to be completed in 2020 at a total cost of $52,500.00, contingent on approval of the 2020 Annual City Budget and Work Program. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the resolution. Council Member Marsh: I'm excited to see this and it has been a long time coming. We owe this to future generations and to preserve this amazing piece of history. We are fortunate that it was on land we already owned. We have a lot of demands on our budget. We are taking a very responsible slow pace on this and doing what we can. It will be easy to bike too and it's close to our Renewable Energy Facility, Woolsey Wet Prairie, and Wastewater Treatment Plant. Mayor Jordan thanked Wade Abernathy, Revival Architecture, Council Member Marsh, and the original committee for all their hard work. He's proud the city has been able to permanently preserve the Woolsey Wet Prairie and the savanna habitat for the long term environmental benefit of the native species, birds, and other animals. He spoke about his excitement and historical meaning of the project. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 116-19 as recorded in the office of the City Clerk RZN 19-6589 (238 W. Moore Ln./Arkhola, LLC): An ordinance to rezone that property described in rezoning petition RZN 19-6589 for approximately 4.3 acres located at 238 West Moore Lane from R -A, Residential Agricultural to NS -G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 11 of 17 Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Marsh: I met with the president of the Pines at Springwood, which is the development immediately north of this. The consensus from the group is that they were excited to see it redeveloped and were supportive of the rezone. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. 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 Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6181 as Recorded in the office of the City Clerk VAC 19-6630 (401 W. Mountain St/Fayetteville Public Library): An ordinance to approve VAC 19-6630 for property located at 401 West Mountain Street to vacate portions of street right- of-way, access easement, and utility easements necessary for the Fayetteville Public Library Expansion Project. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated the Planning Commission and staff recommend approval. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 12 of 17 Ordinance 6182 as Recorded in the office of the City Clerk Crossland Construction Company, Inc. Change Order No. 3: A resolution to approve Change Order No. 3 to the contract with Crossland Construction Company, Inc. in the amount of $19,588,836.00 for construction of the new building shell and the mechanical, electrical and plumbing trade package associated with the Fayetteville Public Library Expansion Project, and to approve a project contingency in the amount of $500,000.00. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the resolution. Council Member Scroggin: Do we feel this is well within in what the voters voted on? Wade Abernathy: Yes. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 117-19 as recorded in the office of the City Clerk Polystyrene Foam Products: An ordinance to prohibit the purchase of Expanded Polystyrene Foam with City of Fayetteville monies, to end the use of Expanded Polystyrene Foam products by city concessionaires and food trucks in city parks and city off-street parking lots and to raise public awareness of the ecological damages caused by this product. City Attorney Kit Williams: We have made a couple of proposed amendments. Thank you to Council Member Marsh for bringing up some of the styrofoam construction materials that are used that we need to maintain the ability to use that. Thank you to Wade Abernathy for providing a list of construction projects that use styrofoam for insulation. Council Member Marsh: I would like to amend the proposed language. It is a little bit too specific. With the nature of the construction industry and the new products constantly coming out, we should simplify it by saying after EPS, "For dock flotation and construction materials used for insulating, air sealing, structural stability, weight reduction or formwork remaining in place post - occupancy." This would allow us to insulate underneath concrete slabs, seal pipes or use some EPS to seal some of our older leaky buildings. This leaves us free to use these products that are intended to stay with the building and perform for the life of the building. These aren't single use products that are thrown away after construction. City Attorney Kit Williams: I tried to include general uses when I said, and other accepted construction uses of EPS foam. It includes spray insulation if comparable construction materials are not available or too costly. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 13 of 17 Council Member Marsh: I would prefer my language. Instead of focusing on the products, we are focusing on the use of the product. It leaves us open to focus on making sure it is contributing to the long-term building performance. City Attorney Kit Williams: You don't want to have in there that if comparable construction materials are not available or too costly? Council Member Marsh: Would that require someone who wanted to use these products to do a cost comparison? If you look at geofoam, are they going to have to look at what it would be to fill that with concrete, when this is more acceptable? City Attorney Kit Williams: It wouldn't require much of a cost comparison. There would be at least some look at other products that might be as almost as effective as styrofoam, but maybe a little costlier and then some would be way too costly. That allows staff to look at a project and see if they can find comparable material that performs like styrofoam and does not have as many of the bad characteristics of styrofoam we eventually will have to get rid of. Council Member Marsh: I don't want to put the burden on staff to have to bid out different systems. The architect or engineer includes these as part of their best practice. I don't want staff to have to go back and question that and figure out what an estimate would be to use rock wool insulation instead of styrofoam on a sub grade insulation. You are adding a lot of work when often these products are very specific in how they are used. You can't build a structural insulated panel using any other type of insulation. Insulated concrete forms are much more efficient, but would they have to price out plywood forms? City Attorney Kit Williams: Not unless they are comparable. If they aren't comparable, then they wouldn't have to look at it. Council Member Marsh: They have the same role on a construction site of forming a concrete wall. The difference being the styrofoam stays in place for the life of the structure, whereas the form work is taken off and often thrown in the landfill. There are a lot of different factors that go into environmental construction. We already require new city buildings meet LEED Silver standards and that will weed out a lot of unnecessary uses of these products. It's not a deal breaker for me if you want to include it. City Attorney Kit Williams: It's up to the City Council. Council Member Marsh continued to speak about not creating more work for the design teams and staff. Mayor Jordan: That is your amendment? Council Member Marsh: Yes. Council Member Smith: The key phrase in that amendment was the remaining in place post - occupancy. The bulk of the ordinance is addressing the problems with recycling EPS. For 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 14 of 17 construction purposes, it is an alternative material with the intent of staying there. It's not going to be disposed of. For that reason, I would support Council Members Marsh's amendment. Citizen, spoke in favor of the ordinance. Citizen, spoke in favor of the ordinance. There was a brief discussion about the ordinance not banning styrofoam that is used for packing when a product is purchased from a supplier. Council Member Marsh moved to amend after EPS to say, for dock flotation and construction materials used for insulating, air sealing, structural stability, weight reduction or formwork remaining in place post -occupancy. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams and Council Member Marsh read the ordinance. City Attorney Kit Williams: This has been through the Environmental Action Committee. It was sponsored with much input from Council Member Turk and I thank her. Many of our partners have already been doing this and are in favor. There are reasonable cost alternatives. Council Member Turk: Little Rock passed a resolution to ban polystyrene from the city purchasing those products and some of their vendors. Our proposal goes a step further and it is an ordinance. Fayetteville leads on so many things. Over one million species are on the brink of extinction or are extinct from human use. It is time to clean up some of our trash. We have alternatives. Anything we can do to encourage reducing waste is a good thing. We are giving this a six-month grace period if it we pass it. This will allow people to get used to this and plan for it. I hope our partners and other restaurants will consider reducing and eliminating styrofoam containers. Thank you to everyone for trying to make this ordinance much better and more effective. Council Member Marsh: Thank you to Council Member Turk for bringing this forward. This is excellent. I want us to use this as an opportunity to encourage the community to be more mindful about waste. Don Marr: This is the city leading in a leadership role. You might see a citizen take something to a picnic in a park they purchased. You might see a staff member who brings their lunch left over from a restaurant that has not converted yet. This is the city leading by example, but this doesn't mean we are going to see it eliminated in certain city facilities where it was not purchased by the city. We are already working towards the implementation of this, regardless of the November 1, 2019 effective time. Abel Tomlinson, 60 West Smith Street spoke in favor of the ordinance. Nathan Hudson, 724 North Washington Avenue spoke in favor of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 15 of 17 Marilyn Shoffit, 1663 North Old Wire spoke in favor of the ordinance. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: I would like to hold it on the second reading to give citizens more time to look at this. Council Member Petty: I am supportive of the ordinance. Why is this limited to city purchases? It looks to me like this is a Council that would be supportive to a city-wide action. Council Member Turk: I felt we should start slowly with this to see how well it went. If everything goes well and we have a lot of public support, then maybe it would be expanded. City Attorney Kit Williams: I discussed this with Council Member Turk. We have more power as the owner and spender of money to say we aren't buying any. We also have more power as the owner of land to say you will not use a product on our land. Once we get purely into our regulatory power, then we don't have as much power. It makes sense for the city to work with our other governmental entities as examples. I believe in the future we will get support and we are moving in the right direction. Council Member Petty: I appreciate those points. Over the next few weeks, I'll be considering an amendment or if somebody else were to make amendment, I'd consider seconding it to make it larger. Environmental emergencies demand emergency action. I'm eager to vote for this ordinance, but the time might be right to go all the way. Council Member Kinion: If we do this for the City of Fayetteville and then by the time we have the opportunity to expand it across the community, then the state legislature might step in to prevent it. Could we somehow say in November it's going to be the city, but in January it's going to be city wide? City Attorney Kit Williams: Certainly. It is up to City Council to do what you want. My suggestion is that we go first, but we don't wait for a year, so there would be some preemptive measure made. I don't want to rush into it next week. I haven't gotten anything drafted. I need to research about problems with interstate commerce act that you run into when you get into regulations that you don't run into when you are the landlord or owner. I don't want to have a false start. I want the city to be a leader in not getting the styrofoam and try to have a voluntary support, rather than telling everyone they have to conform. Council Member Kinion: It is a big step. I would like to see some plan to go forward with a community wide ban on styrofoam. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 16 of 17 Council Member Bunch thanked Council Member Turk for her work on the ordinance and understands her reasons to be cautious. She stated she agreed with Kit in getting things more organized. She is in support of the ordinance. City Attorney Kit Williams spoke about needing more time to do things as carefully and effectively as possible. Council Member Smith stated there are many things Council wants to do in Fayetteville that certain legislatures in Little Rock disagree with. He stated they have to recognize if the state bans them from taking action, it's no different than if they never tried to take the action themselves. He wants to be respectful of the City Attorney's time, but when they are ready, he is ready to proceed forward. Council Member Turk stated her appreciation for all the support. She spoke about wanting to start with a win by taking small steps, with a lot more steps to come. She spoke about the need to make things greener in Fayetteville. This item was left on the Second Reading. Announcements: Don Marr spoke about the grand opening of the Splash Pad at Walker Park on May 11, 2019 at 1:00 pm. He spoke about the city's welcoming plan of inclusion to highlight the city has added accessibility features for both visual impairments and language differences. He spoke about the Gulley Park Concert Series. He stated work would take place this summer on a water main replacement, utility work, and university projects. He spoke about road closures for the summer commute. He spoke about the 2019 bond initiative. He spoke about the 71B Corridor upcoming meetings schedule and citizen input is encouraged. He spoke about the upcoming University of Arkansas graduation ceremony and he welcomed visitors. He stated information can be viewed on the City of Fayetteville website. Ci • Council Agenda Session Presentations: Agenda Session Presentation of Woolsey Farmstead Reconstruction Project by Aaron Ruby of Revival Architecture. Cit}, Council Tour: Monday, May 6, 2019 4:30 pm 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes May 7, 2019 Page 17 of 17 Ad'ournment: 7:42 p.m. Held Jord714or Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov