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HomeMy WebLinkAbout2019-06-18 - 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 18, 2019 City Council Meeting Minutes June 18, 2019 Page 1 of 15 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 18, 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, Assistant City Attorney Blake Pennington, City Clerk Sondra Smith, Staff, Press, and Audience. Council Member Kinion arrived at 6:07 p.m. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations Re orts and Discussion Items: Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. A copy of the report is attached. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 2 of 15 Council Member Marsh moved to approve the Nominating Committee Report. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. Agenda Additions: None Consent: Approval of the June 4, 2019 City Council Meeting Minutes. Approved Jacobs Engineering Group Inc.: A resolution to authorize a professional engineering services agreement with Jacobs Engineering Group Inc., pursuant to Selection #10 of RFQ 18-01, in the amount of $71,150.00 for design and construction phase services associated with the replacement of aeration basin gates at the Noland Water Resource Recovery Facility, and to approve a budget adjustment. Resolution 142-19 as recorded in the office of the City Clerk RFP 18-18 Lucity, Inc.: A resolution to award RFP 18-18 and authorize a contract with Lucity, Inc. for asset management and work order software in the initial amount of $290,960.00, to approve the purchase of five years of annual software maintenance in the total amount of $135,000.00, and to approve a project contingency in the amount of $29,096.00. Resolution 143-19 as recorded in the office of the City Clerk Arkansas Highway and Transportation Department: A resolution to approve a budget adjustment recognizing federal -aid funds received from the Arkansas Highway and Transportation Department in the amount of $635,000.00 for right of way acquisition and engineering support for the Sain Street Extension Project. Resolution 144-19 as recorded in the office of the City Clerk Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 3 of 15 Unfinished Business: 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. At the June 4, 2019 City Council meeting this item was tabled to the June 18, 2019 City Council meeting. John Scott, Urban Forester gave a brief description of the resolution. He requested for the item to be tabled until July 16, 2019 to allow more time to visit with the applicant. He stated the applicant agrees with the request to table. Council Member Marsh thanked the Council for doing a site visit. She stated ecological services are being provided by the site and a lot of that has to do with the tree canopy and birds in the area. She stated the site could benefit from some eyes on it in the form of limited development. She encouraged the applicant to consider the City Council's proposal D. She spoke about the maintenance of the lot. Mayor Jordan spoke about the history in April 2001. He stated a Large Scale Development was appealed by Council Member Santos and brought to the full Council. He stated the vote was 5-3 to not support the appeal. Council Member Marsh made a motion to table the resolution to the July 16, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. This resolution was tabled to the July 16, 2019 City Council meeting. New Business: Food Recycling Solutions, LLC: A resolution to approve an agreement with Food Recycling Solutions, LLC for the hauling of organic compostables and recyclable material in the City of Fayetteville. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Council Member Smith: There was news out of the university that some of their recycling ended up in landfills. I haven't had a chance to go back and look at the contract real close. For the compost, this requires them to deliver to our facility? Peter Nierengarten: Yes, it does. Council Member Smith: This contract also includes authorization to haul commercial recycles? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 4 of 15 Peter Nierengarten: It does. Council Member Smith: Do we have a similar guarantee in the recycled collection portion of that, as far as where the end products go? Peter Nierengarten: Recycling end products do not have to come to us. If they do not come to us, then they have to provide reporting on where they go and what end market they wind up at. Council Member Smith: If they were to run into problems with recycling markets, would we know about it very quickly? Peter Nierengarten: Yes, we should. Council Member Gutierrez spoke about how great it would be for the energy plan and waste diversion plan. She requested to know what the main challenges would be and how they would be mitigated. Peter Nierengarten: One challenge we have identified is the handling of the compostable materials. The food waste we collect from a couple of public schools and the U of A that we bring to our facility, we do not grind and those compostable materials wind up not breaking down very quickly in our process. In our experience working with Food Loops on all the compost that they collect, they do grind their material. We see this privately hauled compost being brought to our facility as a little bit superior to the stuff we are collecting and processing on our own. Mixing the food waste with a yard waste speeds up our composting process. Council Member Turk: If we had a similar situation that the university experienced, how quickly would we know there was an issue that our recyclables ended up in a landfill or there was no market? Peter Nierengarten: The primary difference in the way we handle our recyclables and the way the university was handling their recyclables is they had mixed recyclables they were sending to a processor. In our process, we bring the materials in and are separated into those various streams and shipped directly to the remanufacturers. We would know very quickly if there were an issue with any of the materials we are selling. Council Member Turk: A week or two at the most? Peter Nierengarten: Yes. Mayor Jordan: Did this go through the Water & Sewer Committee? Peter Nierengarten: No. Alex Shirley, Representing Louise Mann thanked the Council for establishing a program to collect food waste from restaurants, helping turn the restaurants non -reusable to a valuable product which is compost, handing out free compost bins to homeowners, and getting residents an opportunity to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes June 18, 2019 Page 5 of 15 take personal responsibility. He read a list of questions and concerns from his client Louise Mann. He asked if the City is moving into single stream collection. He asked that the contract be amended to describe exactly what type of program the City of Fayetteville is committing too. He stated in the spirt of transparency, he requested the contract be amended to state clearly what services the contract is referring too. He asked that the City pass a recycling transparency ordinance that allows any citizen to observe what is being dumped from any truck collecting recycling or compostable, both private and publicly owned. Michael Kraus, Food Loops: We are a food -based company located in Rogers. We started in 2017 and most of our focus is in Bentonville and Rogers. We focus on commercial clients and helping them with food waste solutions. Richard Ims, owner of Food Recycling, LLC, focus is to take over the things we cannot haul, which is food waste. He will be working in a much bigger truck, 7.5 -ton capacity, which makes us a little more professional in what we are doing. We will not be hauling recycling. His truck picks up food waste that will be taken to the City of Fayetteville. The only reason recycling is on the contract is because at Food Loops we also do zero waste solutions for events. He went on to give an example of recycling food waste from an event. He stated we have no plans of doing residential, we will only be doing commercial clients. Assistant City Attorney Blake Pennington: I would suggest in paragraph 3 removing the reference to recyclable materials and residential. Paragraph 4 remove the reference to solid waste and recyclables. Paragraph 6 remove the language about volumes of recycling collected in tons and remove paragraph 7 entirely from the contract. That would limit their activities to just the hauling of organic waste from commercial and industrial activities. Council Member Petty: Blake, are you prepared to make those amendments tonight? Assistant City Attorney Blake Pennington: I would rather redraft the contract and get it back to you next time. Council Member Bunch: We have some plates, forks, utensils that can be composted, do those count as food waste or recyclables? Peter Nierengarten: We would include that in the organics. Council Member Bunch: As this program continues and we grow, what we are accepting, we could always modify the contract? Peter Nierengarten: Sure. Council Member Smith: Is the applicant okay with taking away the authorization for recycling hauling or is that going to be a big impact to your planned operations? Richard Ims: Yes, that's fine. Food waste was the original intention. Food waste is recyclable, bulk material too. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 6 of 15 Council Member Smith: Limiting it to just organics won't hinder your ability to service events and deal with their other waste? Richard Ims: Yes. Council Member Petty moved to table the resolution. Council Member Bunch seconded the motion. Upon roll the motion passed 7-0. Council Members Petty, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Kinion was absent during the vote. This resolution was tabled to the July 2, 2019 City Council meeting. Amend Chapter 33 Departments, Boards, Commissions, and Authorities: An ordinance to Amend Chapter 33 Departments, Boards, Commissions, and Authorities of the Fayetteville City Code to expand opportunities for Fayetteville residents to serve on city boards, commissions and committees. Assistant City Attorney Slake Pennington read the ordinance. Council Member Smith gave a brief description of the ordinance. Council Member Scroggin: Are there age requirements for applying? Council Member Smith: There's a lot of things we do that could involve our more mature younger residents in the conversation. Council Member Gutierrez thanked everyone who had worked on the ordinance. It will expand our pool of applicants. I'm on the Nominating Committee and I would love to see the pool grow and this is going to give people an opportunity to take on leadership roles and see the diversity of the applicants grow. Council Member Smith: If I heard correctly, on the Nominating Committee Report, you had several unfilled vacancies even after making appointments? Council Member Bunch: Yes. Council Member Smith: Maybe this will give us the opportunity to get in more applicants. Council Member Kinion: When we look at this, it offers a lot of opportunity to people that otherwise are cut out of the process. We have the integrity of the Nominating Committee to be sure these appointments will fill critical roles and bring critical skills that otherwise we might not have in the pool of applicants. I support this. Mireya Reith, 1819 Hunters Ridge, Founding Executive Director of Arkansas United stated she is here to offer support of the resolution. She congratulated and thanked the City of Fayetteville for their leadership. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 7 of 15 Andres Herrera, 32 East MLK Blvd. stated he was there to offer support for the measure. He stated you don't have to be a citizen to love this city. He hopes citizenship doesn't become a barrier to be able to give back. 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. Assistant City Attorney Blake Pennington: There may be some concern that we could be intruding on the Arkansas Sanctuary City statute. All we've said is Fayetteville residents can apply. One of the definitions of the Sanctuary City policy says, one that grants to illegal immigrants the right to lawful presence or status within the municipality in violation of federal law. While I don't think this does that, this statute grants to any resident of the State of Arkansas the right to ask the Attorney General whether she believes our policy is in violation of the statute. If she believes it's in violation of the statute, she has the power to withhold all our discretionary funding from the State of Arkansas. We could appeal that opinion and go to Pulaski County Circuit Court. I certainly feel more confident in our ability to defend it at that point, but I don't know how long that would withhold funding from the City. Mayor Jordan: Do we have any estimates on what the funding could be? Paul Becker, Chief Financial Officer: It would depend on how broadly they interpreted. We are looking at motor fuel tax and sales tax turnback from the State. We could be talking up to $6 million. Council Member Smith: I would agree to hold this two more weeks because this is a big change. We didn't hear any opposing views tonight. I would like to leave the floor open in case someone wants to talk to us about it. Council Member Marsh: This isn't about undocumented immigrants, this opens it up for youth to serve. They are our citizens of the future. I have encountered some bright high schoolers lately that I would welcome their perspectives on our boards and committees. This is about legal residence, green card holders, and visiting professors that would be tremendous assets. This is about students that might not be registered in Arkansas, but registered at their parents' house in Texas, but they want to participate in their community here where they go to the university. Council Member Scroggin: I am for this. I'm still worried about the age thing. Is there any chance that if a recommendation comes from a committee and there is somebody that's not of the legal status of being eighteen that it could be challenged? Assistant City Attorney Blake Pennington: As far as age? Council Member Scroggin: Right, some decision that City Council could make that is challenged based on recommendation of someone that is not eighteen or older. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 8of15 Assistant City Attorney Blake Pennington: I don't believe there are any. Even the state authorized boards and commissions don't have an age requirement. The six we have exempted here have citizenship or you must be a qualified elector. Council Member Scroggin: Don't they have voting requirements? Which would be an age requirement? Assistant City Attorney Blake Pennington: Yes, the ones that are excluded? Council Member Scroggin: No. Assistant City Attorney Blake Pennington: The ones we listed? No, those do not have specific age requirements. Chief of Staff Don Marr: The City Council use to have a Youth Advisory Committee and over half of the committee were youth members below the age of eighteen. How do you get advice as policy makers from youth without having youth involved? There haven't been any challenges legally to that because these are advisory committees, the people making the decisions on policy are meeting the requirements that you have to meet when you register to run for office. Mayor Jordan: I was on that committee. It was a good committee and we got a lot of input from students. Council Member Turk: This is a wonderful ordinance. I hope it doesn't evoke the Sanctuary Bill that was passed this past legislative session. We had a terrific applicant for one of our committees who hit her 18th birthday and was delighted to able to apply to be on a committee. I'm confident she would have applied at fifteen or sixteen. There are youth that want to get involved and represent our City and participate in our process, even before they are able to vote. Thank you, Kyle and others, for bringing this to our attention. Council Member Petty: I would like to call Mireya Reith back. I think she is one of the few experts in the State and certainly in the region on this issue. I would be curious if she has a comment that is relevant to this discussion. Mireya Reith: My non-profit lead all the testimony regarding SB411. We have subsequently been meeting with the Governor's office, as recently as last week. What we can share is there is a memo from the Governor's office regarding SB411 in which he outlines that he's specifically talking about law enforcement, that was the intention of the bill. Because of the nature of how the bill debated at the end of the session, there was no time for amendments and there was an urgency to try and get this passed. The Governor has also requested on behalf of the sponsors, and the sponsors have committed, as he has put in writing, to adjust the bill. Even within law enforcement and interactions between law enforcement and the immigrant community, the Governor confirms our concerns around racial profiling in the immigrant community and the lack of due process that's listed in there. We are in active conversations with the Attorney General's office as well as, just in general, rules promulgation process. The Governor's office has affirmed for us there will be no rules promulgated and at this time. The Attorney General's office has not created complaint 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 9 of 15 process around this nor anticipates taking any swift action. It's anticipated the next opportunity of the Legislature they want to see amendments to SB411 before any enactment is taken or actions are taken on behalf of the state. Council Member Petty: I'm hopeful that with information provided by Ms. Reith, the Governor's Office, Attorney General's office and with respect to any documentation that goes to the Legislative attempt that some kind of codifiers note or memo might be presented at the next City Council meeting, so this ordinance does not have to be substantially amended. Council Member Smith: I would like to see the letter from the Governor, as well as any written documentation from the meeting with them that might support that statement. Once the Nominating Committee brings forward their selection, we still get to vote on every applicant. We normally do that as a package deal. There certainly have been times where one applicant has been pulled off for additional discussion. There will be plenty of opportunities whether it's age or some other reason if we don't agree with Nominating Committees decision with the applicants they received. Council Member Scroggin: I'm not concerned about young people making decisions. I'm worried about going through a process and have it taken away for an issue. I absolutely want people at an earlier age to be involved. Mayor Jordan: The reason we brought the Welcoming Plan is to get more diversity on our committees. I was proud this Council passed this by a unanimous vote. There have been people on an average spend seventeen years in a refugee camp, just to get into the system to get into this country. When we brought the Welcoming Plan, our intent was to give people a little bit of hope when they don't even think they had a prayer. Bob Stafford, 527 S Sherman stated he supported the ordinance. This item was left on the Second Reading. Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 1.3.1 Use of Force; 12.1.1 Organizational Structure, Functions and Direction; 26.1.1 Disciplinary Matters and Awards Procedures; and 41.1.1 Patrol. Mike Reynolds, Deputy Chief of Police gave a brief description of the resolution. Council Member Kinion moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 147-19 as recorded in the office of the City Clerk VAC 19-6664 (485 North Vinson Ave/Gocio): An ordinance to approve VAC 19-6664 for property located at 485 North Vinson Avenue to vacate a portion of a general utility easement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 10 of 15 Assistant City Attorney Blake Pennington read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. Jose Reyes, Bates and Associates: I'm here to answer any questions. I do not have anything to add. 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. Assistant City Attorney Blake Pennington 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. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6197 as Recorded in the office of the City Clerk VAC 19-6667 (417 W. MLK Blvd./Farmers' Cooperative): An ordinance to approve VAC 19- 6667 for property located 417 West Martin Luther King Jr Boulevard to vacate portions of general utility easements and rights-of-way. Assistant City Attorney Blake Pennington read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated recommendation from Planning Commission and staff is for approval. Lawrence Finn, Specialized Real Estate Group: I'm here to answer any questions you may have with the vacation. 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. Assistant City Attorney Blake Pennington 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. Assistant City Attorney Blake Pennington read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 11 of 15 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6198 as Recorded in the office of the City Clerk VAC 19-6671 (3956 N. Steele Blvd./Malco Retail Lot): An ordinance to approve VAC 19-6671 for property located at 3956 North Steele Boulevard to vacate portions of a general utility easement and drainage easement. Assistant City Attorney Blake Pennington read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. Rick McGraw, Harrison French and Associates, Inc.: I'm here to answer any questions you might have. 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. Assistant City Attorney Blake Pennington 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. Assistant City Attorney Blake Pennington read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6199 as Recorded in the office of the City Clerk Cultural Arts Corridor Project: A resolution to express the intention of the City Council to work jointly and cooperatively with Experience Fayetteville to develop a scope of work and contract for the programming, marketing, operations, and maintenance of the Cultural Arts Corridor public spaces. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Molly Rawn, Experience Fayetteville stated the programing needs to address how the public will access and interact with the different parts of the corridor, what infrastructure and facilities need to be put in place now so people can enjoy it the way promised and set the expectation they will be able too. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 12 of 15 Council Member Smith asked about the plan to accommodate artists in the space and a note about festival organizers for the space. He wanted to know how they were going to include the artists in the conversation about the way their art gets used. Molly Rawn: By holding specific stakeholder sessions and that's how we need to start. Including artists from the onset is critical. Council Member Turk: Have there been discussions about security for the large events? Is that part of the discussion? Molly Rawn: Yes. This is something we already think about when we do large scale community events. There will be great data that comes out of festival discussions about security we can share. Council Member Turk: I'm wondering about the security of the space after hours. Is that included within a design discussion? Molly Rawn: I think it's absolutely included in an operations and maintenance plan. You are reiterating the very reason why we need to develop this plan. Peter Nierengarten stated security has been top of our minds beyond just the times when the space is programmed. He spoke about lighting and cameras. Mike Reynolds, Deputy Chief of Police: We have been working with Peter and his crew. We have several officers that are certified in Crime Prevention Through Environmental Design. That's what we have been working on to design a facility with lighting and landscaping to try to make it less attractive for crime. Council Member Marsh: How do you intend to dive deeper than we did in the initial citizen engagement process and make connections in the creative community so that our local artists are benefitting? Molly Rawn: The community engagement sessions the city has already had were excellent. There is a need to host another round more specifically tailored to programming. Don Marr, Chief of Staff. The reason you have this resolution in front of you today is because we do not exist the expertise on the city staff to develop the programming entity that will be needed to have this be the vision that everyone has in their heads. We want to make sure we don't fail the vison that people have for this corridor. Council Member Marsh: I'm looking for a commitment for a deeper engagement with the local artist community. That being the independent artists and creatives. They still have concerns that they will not have a place in the success of this project. Molly Rawn: We need our stakeholders to feel they are celebrating this and they are engaged in that deeper level. That is the commitment I can make to you and ask for your help and lean on you in doing that. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 13 of 15 Council Member Gutierrez: The Creative Economy Action group has 387 members. I've been asking them to revive a regular meeting time. We can utilize that platform virtually to ask the artists questions. There are many artist groups we can activate via social media. Angela Belford: Where are we putting housing in the Cultural Arts Corridor? I can assure you that together we can figure this out. Eric Leisure, 1665 Radisson Drive: Are there any plans to include public transportation in the corridor? Peter Nierengarten: The location of the corridor is at the nexus of several of our transportation options that currently exist. The Greenway, Razorback Transit, Ozark Regional Transit routes. By its nature where it is located it's very inclusive of transportation alternatives and options. Don Marr stated the recent route reorganization of Ozark Regional Transit specifically had stops related to this area. He stated it's the beginning route for our College Avenue locations both north and south bound. Council Member Smith: I think Don laid out a clear case for the A & P being the right organization to take on this stage of the project. I'm confident Molly has heard our concerns about artist engagement and now considering transportation and how our future transportation network should be carefully considered as we go into the parking deck component of this project. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the motion passed unanimously. Resolution 148-19 as recorded in the office of the City Clerk Announcements: Don Marr: Based on the Council's Water, Sewer & Solid Waste Committee and your interest in the Nutrient Trading Research and Advisory Group, they have a meeting requested by the City that asked to consider a 60 -day pause in the groups act on the Regulation 37 and reconsideration of the regulations to be done for the concerns related to Beaver Water District as a water provider and the Council's concerns. A meeting is set for Friday June 21, 2019 at 11:30 AM at the Springdale Water Utilities Commission room. Agenda items are to approve their last minutes, consider the City of Fayetteville's request for a 60 -day pause of that regulation, and to set and confirm a day and time for meeting with this group to hear comments as it relates to the revision of Regulation 37. This meeting is not taking public comment on those topics. There will be a public meeting for the public to weigh in and provide their comments and our Council members. Soon fireworks can be sold and used within the City of Fayetteville. There are also private events that get permitted within the city. We have 3 permitted so far. Permitting firework stands begins June 28, 2019. Our website has the dates, times, and types of fireworks that are allowed. July 1 st 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes June 18, 2019 Page 14 of 15 through 3rd from 10:00 AM to 10:00 PM and July 4th from 10:00 AM to 11:00 PM. We have some significant street closings. I encourage citizens to check the news online. Lafayette Street will be closed between June 24th and June 28th from 6:00 AM to 4:00 PM. It is a busy street for our Ward 2 constituents and people who work in the downtown area. Lewis Avenue is closed today and tomorrow from 7:00 AM to 3:30 PM for drainage improvements. This is a good time to adopt a pet. The adoption fees are waved for dogs from June 17th- June 22nd. Check out our shelter and great animals available for adoption. Chief Dayringer is set to retire. His last day is June 21, 2019. He has been fantastic. We are so lucky we got him from Tulsa. We wish him luck in his retirement. Fire Chief David Dayringer: I want to thank you all for the opportunity. We've really enjoyed it here. We found a permanent home here. Looking forward to enjoying retirement and spending time with the grandkids. My new identity will be Grumpy. We are Grammy and Grumpy to the grandkids. Thank you all. I've really loved working here with everybody. Mayor Jordan: Ten years ago, Chief Dayringer was the last applicant on my list. Within five minutes after the interview, I knew he would be our next Chief of the City of Fayetteville. I had three goals. I want you to take this department to the next level. I want the best trained. I want us to be Nationally and State recognized. I want you to develop leadership because the mark of a true leader is to develop other leaders. You'll always be a successful leader if you do that. He answered all three of those questions. In his time as the Fire Chief we have become probably the best trained department in the State with a training facility. We have an ISO rating of #1. That is very hard to attain. He developed our Emergency Action Plan. He wasn't here when the ice storm hit, but was instrumental in the ice storm clean up. He has helped me get through the preparation for the Bond Program and the places where we needed to build fire stations. We have averaged buying a fire truck a year for the last several years. That has all been under his leadership in this city. I will be eternally grateful. He is one of the humblest people I have ever met. He is a true example of a servant leader. Thank you for your service to this city. Fire Chief David Dayringer: Thank you, Mayor. Don Marr: Our interim Fire Chief will be Chief Brad Hardin. You are in good hands. Chief Dayringer has led the charge stellarly, which allows us to feel very comfortable to have Brad leading our Fire Department while we make that next selection. Thank you, Chief. He spoke about the Gulley Park Concert series dates and times. Mayor Jordan: I will be going on vacation tomorrow for ten days. Council Member Marsh will be running the Agenda Session next week. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 18, 2019 Page 15 of 15 City Council Agenda Session Presentations: Agenda Session Presentation - Audit Committee Presentation of the 2018 Financial Audit. Agenda Session Presentation: Sustainability & Waste Diversion Update. City Council Tour: Monday, June 17, 2019 4:00 PM Tree Preservation Easement 6:00 PM Community Creative Center Tour 7:27 p.m. Sondra E. Smith, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position 1 Nominating Committee Report June 6, 2019 Sonia Gutierrez Council Member Ward 1 Position 1 Teresa Turk Council Member Ward 4 Position 1 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Mayor recommends the following candidates for appointment: HISTORIC DISTRICT COMMISSION Kathryn Cook — One term ending 06/30/22 Vacant — One term ending 06/30/22 The Nominating Committee recommends the following candidates for appointment: ANIMAL SERVICES ADVISORY BOARD Vacant — One Licensed Veterinarian/Veterinary Professional unexpired term ending 06/30/22 Meghan Dale — One Business Representative term ending 06/30/22 Billie Firmin — One unexpired citizen at large term ending 06/30/20 Sherri Wheeler — One citizen at large term ending 06/30/22 BOARD OF ADJUSTMENTS Catelyn J. Gibbs — One unexpired term ending 03/31/22 CIVIL SERVICE COMMISSION Paul Younger — One unexpired term ending 03/31/20 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Vacant — One unexpired term ending 03/31/24 ENVIRONMENTAL ACTION COMMITTEE Gene Allen Franco — One term ending 06/30/22 FAYETTEVILLE ARTS COUNCIL Nick Zazal — One Arts and Cultural/Citizen at Large term ending 06/30/22 Barbara Putman — One Arts and Cultural/Citizen at Large term ending 06/30/22 Cindy Morley — One Working Artist term ending 06/30/22 Robert Stafford — One Working Artist term ending 06/30/22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov PEG ADVISORY BOARD David Embree — One term ending 06/30/23 Melissa Zabecki — One term ending 06/30/23 Vacant — One unexpired term ending 06/30/21 WALTON ARTS CENTER COUNCIL, INC. Justin Tennant — One term ending 06/30/22 Barbara Taylor — One term ending 06/30/22 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov