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HomeMy WebLinkAbout2019-06-04 - 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 June 4, 2019 City Council Meeting Minutes June 4, 2019 Page 1 of 19 Council Member Sloan Scroggin Ward 3 Position 1 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 June 4, 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. Council Member Scroggin arrived at 5:32 p.m. Pledge of Allegiance Manor'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. ORT -Ozark Regional Transit - Periodic Report Jeff Hatley, Ozark Regional Transit Public Information Officer gave a brief presentation of ORT's Periodic Report. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 2 of 19 Agenda Additions: None Consent: Approval of the May 21, 2019 City Council Meeting Minutes. Approved Multi -Craft Contractors, Inc.: A resolution to approve a contract with Multi -Craft Contractors, Inc. for the repair of a Mechanical Sweep -Arm at the Westside Wastewater Treatment Facility in the amount of $16,481.00 plus applicable taxes, and to approve a budget adjustment. Resolution 126-19 as recorded in the office of the City Clerk AIT Services, Inc.: A resolution to accept a quote in the amount of $58,250.00 plus applicable taxes from AIT Services, Inc. for the installation of critical replacement parts for the thermal dryer at the Biosolids Management Site, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment. Resolution 127-19 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc.: A resolution to approve a professional engineering services agreement with Hawkins -Weir engineers, Inc. in the amount of $134,720.00 for water modeling, analysis, and design of water system improvements to improve fire flow throughout Fayetteville. Resolution 128-19 as recorded in the office of the City Clerk Garver, LLC Change Order No. 1: A resolution to approve Change Order No. 1 to the contract with Garver, LLC in the amount of $246,475.00 for engineering services associated with water and sewer relocations required for Arkansas Department of Transportation Job 040683, the widening of Highway 170 from Highway 62 to Clyde Carnes Road. Resolution 129-19 as recorded in the office of the City Clerk Phillip Hoskins Sewer Damage Claim: A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $6,113.11 to Phillip Hoskins for a sewer damage claim arising at 983 North Lewis Avenue in addition to previous payments of $3,600.58 to ServiceMaster for sewer damage mitigation services and $100.00 to Accelerated Plumbing for plumbing services. Resolution 130-19 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 June 4, 2019 Page 3 of 19 Toter, Inc.: A resolution to approve the purchase of trash carts and related products and services from Toter, Inc., pursuant to a National Intergovernmental Purchasing Alliance cooperative purchasing contract, through January 31, 2023, and any future renewal periods. Toter, Inc. was removed from the Consent Agenda for discussion. Bid #19-25 Diamond C Construction: A resolution to award Bid #19-25 and authorize a contract with Diamond C Construction Company in the amount of $82,024.89 for the replacement of a retaining wall on Block Avenue, to approve a project contingency in the amount of $5,004.23, and to approve a budget adjustment. Resolution 132-19 as recorded in the office of the City Clerk Steve Beam Construction, Inc. Change Order #2: A resolution to approve Change Order No. 2 to the contract with Steve Beam Construction, Inc. in the amount of $190,690.00 to perform additional remedial work associated with the Meadow Street Parking Deck Rehabilitation Project, to approve a project contingency in the amount of $19,069.00, and to approve a budget adjustment. Resolution 133-19 as recorded in the office of the City Clerk MHC Kenworth - Dump Trucks: A resolution to authorize the purchase of four Kenworth T800 Dump Trucks from MHC Kenworth of Springdale in the total amount of $791,238.00, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Transportation Department, and to approve a budget adjustment. Resolution 134-19 as recorded in the office of the City Clerk MHC Kenworth - Snow Plows: A resolution to authorize the purchase of two Henderson snow plows from MHC Kenworth of Springdale in the total amount of $28,038.00, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Department. Resolution 135-19 as recorded in the office of the City Clerk MHC Kenworth - Henderson Task Force Spreaders: A resolution to authorize the purchase of two Henderson Task Force Spreaders from MHC Kenworth of Springdale in the total amount of $71,390.00, pursuant to a Sourcewell cooperative purchasing contract, for use by the Transportation Department. Resolution 136-19 as recorded in the office of the City Clerk Burns & McDonnell Engineering Company Inc. Agreement: A resolution to authorize a professional engineering services agreement with Burns & McDonnell Engineering Company, Inc., for engineering design services for the Highway 112 Project, Poplar Street to Drake Street, in the amount of $618,186.00, and to approve a budget adjustment. Resolution 137-19 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 June 4, 2019 Page 4 of 19 Council Member Marsh moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. The following resolution was removed from the Consent Agenda for discussion. Toter, Inc.: A resolution to approve the purchase of trash carts and related products and services from Toter, Inc., pursuant to a National Intergovernmental Purchasing Alliance cooperative purchasing contract, through January 31, 2023, and any future renewal periods. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Council Member Turk: Has the City of Fayetteville ever used this company before and this purchasing process with the City of Tucson or with that cooperative? Peter Nierengarten: We have done many purchases using purchasing cooperatives. In January, we used a different cooperative to purchase recycle bins. I can't answer the question if we've used a purchasing cooperative to do a bulk purchase that the City of Tucson has solicited or not. I would have to get with our Purchasing Department to research that. These are the same trash carts that we have purchased in the past from Toter, Inc. Council Member Turk: The reason you are going through that cooperative is to get a better price for the citizens of Fayetteville? Peter Nierengarten: That is correct. Mayor Jordan stated these are not recycling bins, these are trash containers. Alex Shirley, 2620 West Arthur Hart Street: My questions were answered by Peter that this is about trash carts and does not include any recycling products. Is there any reason why Fayetteville chose the Tucson contract and were any studies done showing Tucson was in some way to be emulated in this situation? The contract provided is a stock contract involving Tucson. Is this the exact contract we are approving tonight? Would the public be allowed to review the contract prior to it being signed? Is it common practice for Fayetteville to vote on and approve stock contracts like this that aren't specifically related to the City of Fayetteville? Peter Nierengarten: It is a common practice for us to use purchasing cooperatives. This one just happens to be a purchase that was originally done by the City of Tucson. There is no particular reason why we selected this one, but it was the best price we could find. Council Member Turk requested City Attorney Kit Williams to address some of the questions asked by Alex Shirley. City Attorney Kit Williams: The contracts that are submitted for the agenda go through my office. We always look at the contract to make sure it meets with our standard form and is clear. Something like this is standard. It's a purchase contract. We aren't buying land and doing anything 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes June 4, 2019 Page 5 of 19 complicated. This is a straight forward and simple contract. We are purchasing a certain number of trash carts. We got the best price because we used another entity. We used a cooperative, which we do many times and is very common. The contract has been available to the public for two weeks. Don Marr, Chief of Staff spoke about the National IPA that is a governmental cooperative purchasing group. He spoke about how bidding contracts are conducted. He stated the main reason the city is a part of the group is to receive the best price for the commodity needed. Council Member Marsh: This is consistent with other agreements we do. It looks like we've got a good value. Thank you to staff for finding this cooperative opportunity. Council Member Marsh moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 131-19 as recorded in the office of the City Clerk Unfinished Business: RZN 19-6620 (NW of Joyce Blvd. & Old Missouri Rd./JEL Acquisitions): An ordinance to rezone that property described in rezoning petition RZN 19-6620 for approximately 11.79 acres located Northwest of Joyce Boulevard and Old Missouri Road, from R -A, Residential Agricultural to CS, Community Services and RMF -24, Residential Multi Family, 24 units per acre. At the May 21, 2019 City Council meeting this ordinance was left on the second reading. Council Member Marsh 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. Garner Stoll, Development Services Director stated he did not have any further information to add. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6189 as Recorded in the office of the City Clerk New Business: YRCC Program Donation: A resolution to approve a budget adjustment in the amount of $23,500.00 representing a donation from friends of YRCC to fund summer and fall programs offered at the Yvonne Richardson Community Center. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 6 of 19 Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. Mayor Jordan: It is a wonderful gift. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Marsh, Kiniorr, Scroggin, Bunch, Turk, Smith, and Gutierrez voting yes. Council Member Petty was absent during the vote. Resolution 138-19 as recorded in the office of the City Clerk Plastic Shopping Bags and EPS Utensils Regulation Study: A resolution to express the intention of the City Council to consider regulation of single use plastic shopping bags and difficult to recycle or compost single use plates, bowls, cups and utensils. Council Member Turk stated the resolution of intent would allow the city to be able to do some research to consider what they might do in the future. She stated there is information to be learned from other cities to make a more informed decision. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Mayor Jordan stated he and Peter had been discussing this resolution for a couple of weeks. Council Member Gutierrez: I would like for straws to be included. Council Member Smith: Will the research focus on incidental use with food service containers and take-out or will we be looking at retail and wholesale from stores? Peter Nierengarten: It could be one or the other or both. In waste analysis we've done, we have sort analysis on both the food packaging type of styrofoam and the bulky rigid types of styrofoam. We've analyzed both of those in our trash stream and our litter stream. Council Member Smith: You can get styrofoam at a take-out restaurant or you can go to Wal- Mart and buy it for home use. Both of those contribute to the same waste stream. Are we considering that end of it? Peter Nierengarten: I don't have an opinion on it. I would be curious to hear what the consensus is from the Council? Council Member Turk: While we are going through this analysis, it would be helpful if we could investigate what Council Member Smith was asking. If you have the ability to identify the different products through your sorting, it would be interesting to see what the problem is or if it's not an issue. I would ask for you to do that. Peter Nierengarten: Okay. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 7 of 19 City Attorney Kit Williams: There was a brochure in the Sunday paper from Wal-Mart about their attempts to reduce plastic in their packing. I think we will have a good partner. They would probably be happy to work with us if we are trying to remove Expanded Polystyrene. If there are other suitable or better replacements, they would be able to work with us on that. We can do a lot by working with our merchants, rather than trying to absolutely ban stuff. Council Member Turk requested to know if the city would have discussions with and work with the U of A? Peter Nierengarten: Absolutely. Council Member Gutierrez: How does this work into the educational component for the public? How do you see the results being used? Peter Nierengarten: We are working on an educational piece for the ordinance you all passed two weeks ago, relative to city property and city purchases of EPS. We don't have it finalized yet. It would be available through Parks & Recreation and available to vendors wanting to set up on city property around what is allowable. We would want to do something similar to that relative to this potential resolution. I hesitate to tell you what is exactly in that without knowing which way we go with a policy solution. Mayor Jordan: We are just going to start and see where we go. Council Member Gutierrez: Knowing where it's going to end up and how to present that information will help us know what to collect. If it's going to go to the businesses, then we need to ask questions that are related directly to the businesses. Peter Nierengarten: One of the things we are doing as part of the previous ordinance you passed is pricing on the various options available. That fits into the educational piece of it. As we begin to think about the design of a survey for businesses and residences, there's an opportunity to educate on the topic. Council Member Marsh: Waste is generally quantified in terms of weight or volume, which plastic doesn't score highly on those metrics; but it does score highly on its ecological impact. Do you have any thoughts on how we are going to measure that? Peter Nierengarten: The couple of weight sorts we have are based on weight. We have another that is based on volume. Plastics and EPS represent a larger percent on a volume basis. We will have to do research to see if there are any peer reviewed precedence for what that ecological cost is of litter or water quality impacts of plastics or EPS. Then the other aspect is the direct cost of the abatement of those items as litter. Council Member Marsh: We are going to look specifically at the cost of the ecological impact, rather than the actual volume of the waste? Peter Nierengarten: Both are important to present and understand. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 8 of 19 Council Member Marsh: I would like us to consider not having an unintended mode shift if we ban plastic bags and people start giving away paper. Other municipalities ban plastic single use bags and they charge for paper bags with the retailer keeping most of that fee. It incentivizes bringing your own bags. I hope we will explore that and not just shift the impact to some other resource. Council Member Turk: This has been a great discussion. I am pleased to hear some initial thoughts about this. When you get this sorted out, would it be possible if you could provide the Council with a two or three-page project outline summary? It would help us understand where we are headed. Peter Nierengarten: Sure. I'm thinking in the form of a Council Agenda Session to give the update to see if we are headed in the right direction. Council Member Marsh: Thank you to Council Member 'Turk for bringing this forward. This is exciting and it's good we are launching a study. The methodology is evolving. We are taking a thoughtful and careful approach. Mayor Jordan thanked Council Member Turk. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 139-19 as recorded in the office of the City Clerk Ovivo USA, LLC: An ordinance to waive competitive bidding and accept a quote in the amount of $24,823.15 plus applicable taxes, from Ovivo USA, LLC for the purchase of two critical spare part kits for the Macerator Pumps used at the Noland and West Side Wastewater Treatment Facilities, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Mark Rogers, Water & Sewer Operations manager gave a brief description of the ordinance. He stated staff recommends approval and the Water & Sewer Committee voted unanimously to forward to Council for approval. Council Member Smith moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 9 of 19 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6190 as Recorded in the office of the City Clerk Centennial Park Conceptual Master Plan: A resolution to approve and adopt the Centennial Park at Millsap Mountain Conceptual Master Plan created by NWA Trailblazers, CEI Engineering Associates, Inc., and City of Fayetteville staff. Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. She stated the Parks & Recreation Advisory Board voted unanimously to forward it to Council for approval. Brendan Quirk, Cycling Program Director at Runway Group presented a video and spoke about the economic impact of cycling events. Erin Rushing, Executive Director for Northwest Arkansas Trailblazers presented the Centennial Park Master Plan. Ted Jack, Park Planning Superintendent presented the park features. Council Member Marsh requested to know how storm water will be managed on the site. Ted Jack: The parking lot will be one of the bigger and flattest surfaces that will generate runoff and we talked about that. There is an existing pond we've looked at. Maybe it could be enlarged and created into an even nicer feature. The detail has not been thought about, but acknowledge that is something we have to do. Council Member Marsh: How do you see this impacting wildlife on the mountain? Ted Jack stated there will be an impact because of having more people there. He stated there will be an impact, but it is hard to quantify. There was a brief discussion about the opportunity to have an appropriate bike share for the area. Council Member Marsh: The sport of Cyclocross, what is the gender breakdown of participation? Brendan Quirk stated of all sports in cycling for gender equity, it is the most balanced. He spoke about the professional level, prizes, and participation. Council Member Gutierrez: The traffic on MLK is already very congested. What is the plan of entering and existing the park? Erin Rushing: Our access is only off Old Farmington Road, which loops around MLK. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 10 of 19 There was a brief discussion about traffic patterns. Council Member Turk: Regarding the parking lot, is there going to be some low impact construction design consideration? This project seems like it would be an ideal situation to do that. Erin Rushing: We haven't got into that level of detail yet. We are at conceptual level. We have adequate area up there to do those kinds of opportunities. It will be looked at. Council Member Smith: How much room is here for final tweaking? Erin Rushing: We are open to tweaking and modifications. We have been going through the process and have made many adjustments through the process. There was a brief discussion about efforts to avoid sensitive environmental areas. Council Member Smith: What about access to Rupple Road or the northern or western access? Erin Rushing: We looked at access to the north, but we felt like the impact to build a road was too great. We backed off that and decided to make a hard surface trail access and a soft surface access and not blaze a road. Council Member Smith: So, there will be trail access to the north, but not vehicular? Erin Rushing: No vehicular access to the north. Council Member Smith: There will be vehicle access from the south? Erin Rushing: Exactly. Council Member Smith: Is there trail access out the south? Erin Rushing: Absolutely. Council Member Smith: Is there any western access? Erin Rushing: Our soft surface trail is planned to go out to Rupple Road and eventually climb up to Kessler. Council Member Smith: How many respondents were there for the Speak Up Survey? Ted Jack: The one we had last year was around 350. The survey we had recently was around 100. Council Member Scroggin: What percentage of these trails would be unavailable to someone who doesn't bike often? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 11 of 19 Erin Rushing: All ages and all abilities can choose their trail abilities. I anticipate anybody could ride the white trails. The trails are a progression, which creates an opportunity for everyone to ride their bike or hike. Council Member Gutierrez: There are 16 miles of planned trails. Out of those, what percentage of the 16 miles is going to be paved? Erin Rushing: 15 miles are soft surface trails and one mile is paved. Council Member Marsh: This is an exciting proposal. It will be good for our economy and a good use of that property. Council Member Smith: I don't mountain bike, but I look forward to going out on foot. Mayor Jordan: This is a great opportunity for the city. I had some concerns about the environmental issues, but some of those have been addressed for me. It will help the economy and is a good fit for the city. Council Member Gutierrez: Thank you to the Walton Family Foundation for the matching grant. This also supports health and fitness, which is very important. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 140-19 as recorded in the office of the City Clerk RZN 19-6640 (West of 3231 W. MLK Blvd./Cobb Brothers & Westphal): An ordinance to rezone that property described in rezoning petition RZN 19-6640 for approximately 5.24 acres located west of 3231 West Martin Luther King, Jr. Boulevard from R -O, Residential Office and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Payne Phillips, Applicant's Representative stated he was available for questions. Council Member Marsh: That portion of the floodplain is currently serving as a retention area. How will that be handled? Payne Phillips: Right now, we have no current plan to develop that until we match all FEMA and city requirements. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 12 of 19 Council Member Marsh: My concern is if we allow this parcel to be developed, which it already has the by right, to see that filled in and then displace that retention area could have significant impacts to the downstream drainage basin. Payne Phillips: I'll direct that to our engineering team. Council Member Marsh: What is your role in the project? Payne Phillips: I'm representing. It's one of my workers that is representing the Westphal Family Chris Brown, City Engineer: It looks like this is in FEMA Floodplain Zone A, which means it's not been studied. There would have to be some additional study of the floodplain to more fully identify where the floodplains are, what the floodway is, and other requirements to stay away from that floodplain. All developments require to mitigate the additional now off their site. We have the four standards that must be met, including water quality and extreme flood protection. Council Member Turk: It's important we figure that floodplain portion out with FEMA. Does anybody know how long it takes for FEMA to go in and classify that area? Chris Brown: If they want to develop within that floodplain, it could take six months or more to get the study done, reviewed, and approved through FEMA. It is a long process. Council Member Turk: Does FEMA consider or with the city's participation, is it reviewed how many houses have been flooded downstream from there? There is a neighborhood down there that has a fear of flooding. Chris Brown: FEMA is concerned about the actual floodplain itself in that location and protecting the flow path through the floodplain area. They wouldn't necessarily be concerned about downstream flooding, but we do look at that. The city's ordinance requires mitigation of those flood impacts and detention or other things like that to mitigate the flow. Garner Stoll: It is presently zoned C-2 and R -O. In terms of how the floodplain is addressed, this is a neutral action. If you zone it Urban Thoroughfare and think it is a better district, then it would justify rezoning it. It's not going to affect how the floodplain is addressed. Council Member Smith: Given the option of development under a C-2 form or under UT form, I prefer to choose the more favorable development and deal with the drainage later. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion 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 Kinion seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 13 of 19 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6191 as Recorded in the office of the City Clerk RZN 19-6644 (125 W. Sunbridge Dr./Sunbridge Center): An ordinance to rezone that property described in rezoning petition RZN 19-6644 for approximately 1.30 acres located 125 West Sunbridge Drive from R -O, Residential Office to NS -G, Neighborhood Services -General. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Jason Young, Bates & Associates stated he was available for questions. Council Member Kinion 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 Scroggin moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6192 as Recorded in the office of the City Clerk VAC 19-6634 (East of 902 S. School Ave./Stevens): An ordinance to approve VAC 19-6634 for property located east of 902 South School Avenue to vacate a portion of a water and sewer easement. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Angela Stephens, Applicant stated she was available for any questions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 14 of 19 Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion 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 Smith 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 6193 as Recorded in the office of the City Clerk Walton Family Foundation: A resolution to authorize an application for a grant through the Walton Family Foundation in the maximum amount of $2,000,000.00 for construction of the Maple Street Cycle Track from the Razorback Regional Greenway to Garland Avenue. Chris Brown, City Engineer gave a brief description of the resolution. He spoke about some concerns the U of A had. He stated staff recommends approval of the resolution. Council Member Smith: Do we have any indication of what concerns they had with the nature of the design? Chris Brown: I think it's the number of pedestrians that are along the street. There's the sidewalk, cycle track, and then the street. Because of the transit stops along the route with people getting off the bus and walking across the cycle track and accessing the sidewalk is a major concern to them. We will work hard to address some design elements. There was a brief discussion about the design elements. Council Member Smith: I've had some criticisms of the design processes, but this is a critical component of connectivity. It's an important project and I hope we will work to get the design worked out. Paxton Roberts, Chair of the Active Transportation Advisory Committee and Executive Director of Bike NWA spoke in favor of the ordinance. Council Member Turk: I'm by that area often and it would be great to get something in there, but I remain concerned about safety. The only access from Arkansas Avenue is right up through the driveway of Carnall Hall. I don't know if there's going to be further discussion about access issues. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 15 of 19 Chris Brown: The cycle track will extend all the way to Garland. That's being looked at as a bike route along with the bus route. It also allows bikes to travel along that route and disperse into campus along multiple places. It gets them closer to the points on campus where they can then get off their bike or travel through some of the sidewalks or street entrances. Council Member Turk: Most of the time you can't ride your bike on campus. They have a prohibition about that and you have to walk it. Have those kinds of discussions occurred? Has the access through the Pi Phi gate been addressed? Chris Brown: We haven't talked about the Pi Phi gate. The cycle track allows you to get closer to many destinations on campus where you can park your bike or walk your bike to the destination. It will provide better access to campus. Mayor Jordan: Matt, hasn't that been discussed? Matt Mihalevich, Trails Coordinator: Yes. The Pi Phi gate has the large brick walk way that we are working with the university to create a bike route using that space since it is so wide. Then it would work its way over to the Greek Theatre. This would tie right in with the cycle track. Eric Boles, University of Arkansas Director of Sustainability stated he thinks the cycle track will help people not peel off prematurely into Carnall Hall, so they can get on campus, but can take the cycle track and feel safe. He stated that the walk only zone during certain hours of the day on campus was removed in the Fall of 2017. He stated the university is trying to be more proactive and not reactive with bicycles on campus and the cycle track is part of that initiative. There was a brief discussion about signage on the university campus. Council Member Smith spoke about the design near Carnall Hall. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 141-19 as recorded in the office of the City Clerk Tree Preservation Easement: A resolution to approve the vacation and abolishment of a tree preservation easement dedicated as part of the Large Scale Development for the construction of the JD China restaurant on Martin Luther King Boulevard in 2001, contingent on the dedication of two replacement tree preservation easements totaling approximately 1 acre. John Scott, Urban Forester gave a brief description of the resolution. He stated staff recommends approval. Mike Davis, 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 June 4, 2019 Page 16 of 19 Council Member Smith requested for Garner Stoll to get him a visual of the two parcels overlaid with the streamside protection areas. Council Member Kinion stated he knows the history of the property and believes it's just more monkey business. He stated the two parcels we are getting are probably not going to be developed that they are trading and are already protected anyway. He spoke about the tree that offered a natural barrier between the commercial area and the property adjacent to it. He stated the mitigation being offered isn't meaningful. John Scott stated one of the properties could be developed. He spoke about the storm water areas. Council Member Kinion: We are getting something that's already going to be protected anyway. This is the third time we have dealt with this. This is exactly the argument that was used to protect it. It was said that in the future someone was going to buy this property and they are going to come back and asked for it to be rezoned. There was a promise for the property when it was being developed and now we are going back on the promise, and we are getting property that's already going to be preserved. We have a mature tree canopy there in an area where there's not a lot of trees right now. The whole idea was to keep that so we have some type of tree canopy. I can't support this. Council Member Scroggin stated he agreed with Council Member Kinion. He spoke about his time on the Planning Commission and heard the issues. He stated it was a promise to preserve it. He stated the two things being offered he doesn't see them being developed anytime soon, but knows the three acres will be developed in the next year. He stated that there's just not a lot of trees left on MLK. Council Member Marsh: Is the Fayetteville Housing Authority property across the street with our low-income housing residents? John Scott: I believe so. Council Member Bunch: This is the third time I have seen this. They have worn us out with applications to vacate this. I need to be convinced if we give this up that those two little pieces we are getting are better for us than this. This is a sizable piece of property with the trees on it. You are losing almost all your trees on MLK if you take this. Mike Davis: As far as the quality of trees, I defer to John Scott. John Scott: The two proposed easements have a better -quality tree. The current condition of the tree canopy on this site they are requesting a vacation is just fair. Some of them are diseased. There's not a significant tree. There might be ones that's on the western portion of that, but the other two do have more significant trees on them and better -quality canopy. Landlord of Land spoke about people being on the property and extreme littering. He stated trees are going to die because rain is not filtering into the ground. He stated he has spent a lot of money 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 17 of 19 to clean the land. He spoke about liability and insurance requirements. He spoke about Fayetteville Police Department incident reports. He requested for City Council to tour the property. Council Member Marsh requested for the item to be tabled for two weeks so Council can tour the property. Mayor Jordan: I was on the Council in 2001. These were some of the oldest and last trees we had on MLK. I didn't support this project because of that very issue. We were given a promise at that Council meeting it would be preserved. My position will not change in two weeks. Council Member Marsh moved to table the resolution to the June 18, 2019 City Council meeting. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled to the June 18, 2019 City Council meeting. Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A: An ordinance authorizing the issuance and sale of the city's not to exceed (i) $139,500,000 of Sales and Use Tax Capital Improvement and Refunding Bonds, Series 2019A, for the purpose of financing all or a portion of the costs of certain street, trail, drainage, park, city facilities, arts corridor, police facilities and firefighting facilities improvements and for the purpose of refunding the city's outstanding Sales and Use Tax Bonds, and (ii) $3,170,000 of Sales and Use Tax Capital Improvement Bonds, Taxable Series 2019B, for the purpose of financing all or a portion of the costs of certain Economic Development Improvements; authorizing the execution and delivery of a Trust Indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an Official Statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the bonds; authorizing the execution and delivery of a Continuing Disclosure Agreement; authorizing the execution and delivery of an Escrow Deposit Agreement providing for the Defeasance and Redemption of the city's outstanding Sales and Use Tax Bonds; and prescribing other matters relating thereto. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes June 4, 2019 Page 18 of 19 Mayor Jordan: If the Council passes this tonight, then the clock starts to tick? Paul Becker: That is correct. We will finish the completion of all the documents. We will make a decision for insurance. Then we'll get the bond closed and we will be ready to move forward in September. Mayor Jordan: We have three years to do the first phase? Paul Becker: Once they are issued, we have three years. There was a brief description about the timeline. City Attorney Kit Williams thanked the whole team for their work on the ordinance. Mayor Jordan thanked everyone who participated in getting the paperwork and ordinance ready. He stated there's a lot of work ahead, but has confidence there will be a good result in implementing the bond. He spoke about it being a historic moment. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6194 as Recorded in the office of the City Clerk Amend § 166.04 Required Infrastructure Improvements - Development in City Limits: An ordinance to amend § 166.04(B)(3)(a) to remove the exemption of Small Site Improvement Plans from the normal requirement to dedicate street right-of-way to meet Master Plan Street requirements. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff recommends approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh 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 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 June 4, 2019 Page 19 of 19 Ordinance 6195 as Recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director spoke about Chief David Dayringer's retirement gathering on June 17, 2019 from 2:00 p.m. to 4:00 p.m. She spoke about the pet food drive through the month of June for Ranger's Pantry. Mayor Jordan: Chief Dayringer has done a tremendous job for the city. I will miss him. City Attorney Kit Williams stated Assistant City Attorney Blake Pennington will attend the June 18, 2019 City Council meeting in his absence. He thanked Council for their work this year. City Council A14enda Session Presentations: Agenda Session Presentation - Annual Presentation from Urban Forestry Advisory Board to City Council at the City Council Agenda Session. Presentation will be given by UFAB Chairman, Will Dockery. Agenda Session Presentation: Phase 1 Bond Presentation for Facilities, Cultural Arts Corridor, Parks and Economic Development - City Staff. City Council Tour: None Ad'our en t: 8:26 p.m. Weld Jor , ayor, Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov