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HomeMy WebLinkAbout2019-09-03 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward I 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 September 3, 2019 City Council Meeting Minutes September 3, 2019 Page l of 27 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 September 3, 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 MectinLF Presentations, Reports, and Discussion items: Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None Consent: Approval of the August 20, 2019 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 3, 2019 Page 2 of 27 Amend Resolution 177-19: A resolution to amend Resolution 117-19 to authorize the payment of applicable sales taxes and freight charges in addition to the purchase price of $60,990.00 for the purchase of water leak detection equipment from AVO Multi -Amp Corporation d/b/a Megger Group for the Water and Sewer Operations Division. Resolution 189-19 as recorded in the office of the City Clerk Crossland Heavy Contractors, Inc.: A resolution to accept a quote in the amount of $14,643.00 plus applicable taxes from Crossland Heavy Contractors, Inc. for the installation of a baffle plate at the Mally Wagnon Wastewater Lift Station, and to approve a budget adjustment. Resolution 190-19 as recorded in the office of the City Clerk RFQ #19-01 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC, pursuant to RFQ #19-01, in the amount not to exceed $59,600.00 for the rehabilitation of the Round Mountain Water Standpipe Project. Resolution 191-19 as recorded in the office of the City Clerk Badger Meter, Inc. and Henard Utility Products, Inc.: A resolution to approve a one year Master Service Agreement with Badger Meters, Inc in the amount of $240,817.00 plus applicable taxes to purchase 1,200 smart water meters through its supplier, Henard Utility Products, Inc., for the Water and Sewer Department. Resolution 192-19 as recorded in the office of the City Clerk ADM 19-6808 (417 W. Martin Luther King Blvd./Farmers Co -Op Apts.): A resolution pursuant to § 166.04(B)(3) of the Fayetteville Unified Development Code to approve the dedication of a reduced amount of right of way along West Martin Luther King, Jr. Boulevard by approximately 18 square feet to account for a portion of an existing structure and to reduce the Master Street Plan right of way dedication for this portion of West Martin Luther King, Jr. Boulevard by 18 square feet. Resolution 193-19 as recorded in the office of the City Clerk ADM 19-6772 (312 E. North St./Thompson): A resolution pursuant to § 166.04(B)(2) of the Fayetteville Unified Development Code to approve the dedication of a reduced amount of right of way along East North Street by approximately 33.5 square feet associated with a lot split at 312 East North Street, and to reduce the Master Street Plan right of way dedication for this portion of East North Street by 33.5 square feet. Resolution 194-19 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Smith 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 September 3, 2019 Page 3 of 27 Unfinished Business: RZN 19-6716 (East of 3638 N. Front St./Trails at Mud Creek): An ordinance to rezone that property described in rezoning petition RZN 19-6716 for approximately 10.43 acres located east of 3638 North Front Street from C-2, Thoroughfare Commercial and I-1, Heavy Commercial & Light Industrial to CS, Community Services. At the August 20, 2019 City Council Meeting this item was left on the first reading. 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, Director of Development Services stated the applicant submitted a Bill of Assurance proposing to limit the height to three stories. He stated the Bill of Assurance limits the height to the adjacent properties that are zoned RMF -24 to the east. He stated it has a map associated with it to protect the trees in the steepest part of that parcel. He stated the adjacent parcel was zoned in the early 90's and what the Council has in front of them is the merits of rezoning from I-1 to C-2 to CS and not the adjacent parcel. City Attorney Kit Williams stated they would need a motion to amend the current rezoning ordinance so it would be subject to the Bill of Assurance. Council Member Scroggin moved to amend to make the rezoning subject to the Bill of Assurance. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-2. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, and Turk voting yes. Council Members Smith and Bunch voting no. Council Member Marsh: I would like to hear the Council Members who voted no articulate their concerns. Council Member Smith: Three story height limit on the portion that Garner reminded us, isn't part of tonight's discussion. I am more concerned about three story limits on the part we are looking at now, as it's further from existing residential. It's right where the Fulbright Expressway lets out and I have a hard time imagining a place that calls for more residential density than right there. This is possibly the highest job density and lowest residential density area of town. I'm concerned a three-story limit will end up looking like all the other three-story apartments where they stop because the fourth would require an elevator. I am concerned it may limit the mixed-use capacity for the area. Council Member Bunch: This is far superior to its existing zoning, which allows a myriad of unusual things that you wouldn't expect to find right in the middle of town. I'm concerned about the definition on the Bill of Assurance for mature trees and what's considered immature. Who is going to decide about the trees? Mayor Jordan: That is a good point. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 4 of 27 Hugh Jarratt, Applicant's Representative: The language on the Bill of Assurance about the mature trees is citing that the hillside is where most of the mature trees are on this site. In tree preservation areas, you can't do anything in there. Before anybody develops anything in a tree preservation area, it has to be fenced off and nothing can be taken out. The reference to the term, mature was citing that's where the big trees are. It was not to the exclusion of little things or brush. We are trying to work with neighbors to come up with something that works for everyone. There was a brief discussion about being able to remove the amendment and do a secondary motion if Council had concerns. Council Member Turk: On the Bill of Assurance, you limited it to three stories. Does that include any parking or any other levels on top? Are three stories the absolute total limit? Hugh Jarratt: That's correct. No structures greater than three stories. Council Member Smith thanked Mr. Jarratt for including some things that had neighbors concerned. He spoke about the three-story limit. Hugh Jarratt spoke about parking and site requirements. Jeff Reddekopp, Buckingham Drive spoke about the adjacent property and is concerned the area is quite narrow. He spoke about the property being bought in 1990, which precedes newer guiding principles in city planning and wants it to be revisited. Mayor Jordan: I thought we were talking about a rezoning of a certain property. Now we have entered into a Bill of Assurance, which is including two different properties. With the three-story height limit on both pieces of property, are we looking at both pieces? City Attorney Kit Williams: There is only one piece of property before the City Council. There was no notice given about the RMF -24 land that's already zoned as the applicant would need to use it. He has put some limits on it in the Bill of Assurance. The only property we are looking at zoning is the property he wants to go to Community Services from Heavy Commercial and Light Industrial. Garner Stoll stated the Bill of Assurance is a voluntary concession. He stated in no way does it change any of the city's requirements. Council Member Smith: Since this puts concession on a property we aren't considering, is this even a proper request for this Bill of Assurance? City Attorney Kit Williams: It's never been done before in the 18 years I have been City Attorney. I won't say categorically that it has no effect. A Bill of Assurance is something that a landowner presents to the City Council to convince you to agree to their rezoning. Normally, the Bill of Assurance will only cover the property and is a restriction of the owner's rights. I know it will control under the CS property. I don't know whether it will have any real effect under the RMF -24 property. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 5 of 27 Council Member Smith: The RMF -24 parcel shows under a different owner. It is Vantage Square and the ones we are looking at are AW Realty Company. Are those the same owner? Hugh Jarratt stated they aren't the same owner. He gave a brief description of the ownership history. City Attorney Kit Williams: Do you have authority from the owners of both parcels for this Bill of Assurance? Hugh Jarratt: Yes. Mayor Jordan requested for citizens to stay on the rezoning topic before Council and not speak about the RMF -24. Brenda Wallner, 3582 Buckingham Drive spoke in opposition of the CS ordinance. Council Member Scroggin stated with the Bill of Assurance he's a lot closer to being able to approve it. He spoke about the height limits. He stated he appreciates that the applicant has lowered the height and dedicated a tree preservation. He believes it alleviates some of the concerns for the neighbors. Council Member Bunch: When we rezone something, the complaint has been made that citizens will have no say on anything that happens once we rezone it. Where are the opportunities from this point on if citizens were unhappy and wanted to address their concerns? Garner Stoll: If they proposed more than four lots it would go to the Planning Commission, which would have a hearing. Platting and Large Scale are both technically administrative. As an incentive to use the form based codes and if they meet all the requirements of the ordinance, they can be approved at staff level. If they are asking for a variance, it would automatically go to the Planning Commission. We are administering Council's policies and we aren't making a discretionary decision. They can be appealed, but the appeal would be saying the administrative official made an error and didn't apply the code correctly. City Attorney Kit Williams: The discretion the City Council has is in rezoning. Once a property has been zoned correctly for what the developer wants to do and follows all the code sections, it must be approved and can't be turned down. There is one semi discretionary part of that, which is traffic safety. It can be considered by staff, as well as the Planning Commission and on appeal to the City Council. When you rezone property, you don't consider the project. They can put whatever Community Services allows on that land. Mayor Jordan: Once it's zoned a certain way and they stay within the confines of that zone, it gets built by right. City Attorney Kit Williams: It must be approved. Council Member Bunch stated she wanted citizens to know what their recourse might be. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes September 3, 2019 Page 6 of 27 Council Member Marsh stated a significant investment in infrastructure is being made in the area. She stated the area needs goods and services. She requested to know what planning tools the city has to ensure there will be some mixed-use development and not just apartments. Garner Stoll: Community Services sometimes adopts zoning districts that require mixed-use within the same building. Fayetteville's districts do not. That is something Council could consider. They are called vertical mixed-use buildings. It significantly increases the cost of buildings. Council Member Marsh: We need places within walking or cycling distance that are affordable for people to live and to work at all those jobs down there. We need apartments in this area and we probably need a lot of them. I agree we need goods and services. I wish we had more planning tools to be more proactive. I am a little uncomfortable with the three-story height limit proposed. I commend the builder for working with the neighborhood in trying to find a middle ground. Council Member Smith: I won't vote for this in the form it's in right now. It's moving in the right direction of consideration for the area and the neighbors. I would like to stay at the second reading and revisit this in two weeks. Council Member Turk: Is a traffic study conducted after rezoning occurs? Garner Stoll stated yes. He spoke about the process. City Attorney Kit Williams: It's probably better at Large Scale Development or Preliminary Plat where you can see the lots. Council Member Turk: With Large Scale Development and Preliminary Plat Review, that's all administratively done. At what point does the traffic issue come into discussion? Garner Stoll: The traffic is taken into account on a Large Scale Development. It's primarily taken into account to make sure the egress and ingress is correctly developed. City Attorney Kit Williams: You can take into account traffic in a zoning decision. We aren't going to be doing a traffic study on that. You'll just have to use your general knowledge if you are changing zones. Garner Stoll: I don't have to do a traffic study. If you took the worst-case scenario of C-2 in terms of traffic generation, it'd be far higher than Community Services because of intense commercial uses that generate a lot of trips. Council Member Turk: Most of this rezoning is right in the 100 -year floodplain. Is there any kind of floodplain review or study to look at that? Garner Stoll stated yes. He spoke about the process meeting engineering requirements. Council Member Scroggin: Even if it is all apartments, there's more business that can be walked to than there are residential. I'm not too concerned about this being a mixed-use building versus a 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 7 of 27 mixed-use area. This would be a more mixed-use area if it was all apartments. It would lower traffic because people would have the ability to bike on the trail system. If the developer doesn't want to go past three stories, he's not going too, whether we make that an option or not. There's not a lot of stuff higher than three stories in that area. Council Member Kinion spoke about the traffic impact on the corner of College Avenue and Front Street. He stated it is the most unmanageable intersection in Fayetteville. He stated this will add a lot of vehicles to a crazy traffic pattern. Council Member Smith: We are already working on the engineering for Vantage and the bridge. Is that a Phase 1 construction project for the bond? Garner Stoll: It is well along in the process. It is completely engineered and is a federal aid project. It is scheduled for construction next year. Mayor Jordan: At least a year out or it could be longer. Council Member Smith: We don't currently have a zoning district that requires mixed-use. I'm not sure a vertical mix is what we need, but in a parcel this big, there's going to be more than one building in a development. We could be looking at a PZD here if the applicant were looking to fulfill the vision I have heard. Council Member Scroggin: It's hard to get anything built at any reasonable time. I assume that road will start before they can finish. No developer is finishing anything on any reasonable time level in Fayetteville right now. I don't know if there's any requirement this new road needs to go in before they can start building, but logistically they wouldn't want to do those things separate. Mayor Jordan: I can't give you a solid timeline when we are going to build the road. Council Member Petty: The design and engineering for the road was funded out of the last bond issue. It's been planned and discussed for quite a bit of time. While the Mayor can't promise a specific date, citizens have committed to do it. I would guess the current transaction that's been this rezoning is at least partially motivated by those plans. I am more or less comfortable with what's been presented tonight. I'm more comfortable regarding traffic that might be generated from this than I am with the form of the development that might occur on the property. I'm anxious about what the development might look like. There was a brief discussion about holding the ordinance on the second reading. This item was left on the Second Reading. RZN 19-6737 (4195 & 4245 E. Martin Luther King Blvd./Hancock): An ordinance to rezone that property described in rezoning petition RZN 19-6737 for approximately 1.81 acres located at 4195 and 4245 West Martin Luther King Boulevard from R -O, Residential Office to UT, Urban Thoroughfare. At the August 20, 2019 City Council Meeting this item was left on the first reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 3, 2019 Page 8 of 27 Council Member Smith moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services stated he had nothing further to add and was available for questions. Mayor Jordan: Is the applicant here? Garner Stoll: Due to his schedule, he's not able to attend tonight. There was a brief discussion where it was determined there was no public input. Council Member Smith 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 6221 as Recorded in the office of the City Clerk Entertainment District Boundaries: An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places. At the August 20, 2019 City Council Meeting this item was left on the first reading. 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. City Attorney Kit Williams: Last week I sent a proposal to you that would put some definitions in this to clear up some confusion. It would also make it shorter. I suggest as a housekeeping measure that you amend to this improved version. Council Member Marsh moved to amend to accept the definitions proposed by the City Attorney. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the definitions. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 9 of 27 Garner Stoll, Director of Development Services gave a brief description of the ordinance. Devin Howland, Director of Economic Vitality spoke briefly about some concerns and questions that the business owners discussed. Council Member Scroggin: Do businesses that operate during Bikes, Blues & Barbeque feel they have more business or less business during that week? Devin Howland: It varies on the type of business. Council Member Scroggin: The bars are what I am interested in? Devin Howland: I think you would see an increase. Council Member Turk: How long do you anticipate it will take for ABC to get back to you? Devin Howland stated he could not speculate on how long. He stated they would begin reaching out immediately. Council Member Turk: There is going to be increased cost for the city. Have we considered that? Mayor Jordan: Chief, are we going to be able to cover the cost for Police? Greg Tabor, Chief of Police: We have some concerns about the number of officers it might take to keep people and their liquor inside the Entertainment District. We have concerns about increased manpower during a special event. Council Member Turk: Do you anticipate a little bit of planning that could be brought back to the Council to understand better about what the impacts might be? Greg Tabor, Chief of Police: The thing we like most about this is, it's not a Monday through Friday going through this special event process. Based on the event itself and the number of people anticipated, is when we can figure out the manpower we are going to need. On most for profit, the permittee would pay for that extra law enforcement personnel to be there. On some non -profits, they do not. Council Member Turk: It would be helpful so we have an idea. There was a brief discussion about estimating on events. Council Member Scroggin: This is a trial no matter what because the Mayor gets to vote on it each time. Mayor Jordan: It has to go through me. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 10 of 27 Council Member Scroggin: If we have one of these events and it doesn't work, the Mayor will figure it out and put the brakes on it if needed. Mayor Jordan requested for the Council to hold the item for at least two weeks if not longer so he can address any concerns. Bo Counts, Bar Owner and Non -Profit Event Coordinator spoke about liquor laws. This item was left on the Second Reading. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone Ila Street: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to expand residential -only parking in the north zone of the Entertainment District Parking Zone. At the August 20, 2019 City Council Meeting this item was left on the first reading. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Kinion, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Marsh was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Kinion stated there are a lot of problems with parking in the area, which is why this legislation has been brought forward. He stated it's not the number of residents or the number of people who live in the institutions that are causing the parking problem. He stated there are special events in the area, who could have up to 600 people on a weekend, but there is no parking for these events. He stated he lives in the area and the parking is chaotic. He stated it needs to be expanded from Ila Street from Wilson to Park. He spoke about other side streets in the area where people are parking in the residents' lawns. Council Member Scroggin stated as they go through this discussion, he hopes they can talk about other alternatives, whether it be mixed-use or a time limit. He stated he's concerned if they are just going to start limiting public right of way to only citizens. He stated everybody pays their taxes and has a right to park in a public right of way. He spoke about the park that's a couple blocks over and people who want to go to sorority events. He spoke about having a pricing situation to charge for parking. He spoke about restriping. He stated he can't vote for just limiting it to the residents. Council Member Turk stated there is a problem. She stated it needs to be looked at in the eight - block area from Louise, over to Wilson, up to Ila and then Park Street. She spoke about creating a separate parking district rather than hitching it to the Entertainment District. She stated making parking difficult for existing residents is in bad form for the city. She stated the sorority's need to be made aware of the discussions that are happening so they might be able to help solve some of the problems. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 3, 2019 Page I 1 of 27 Council Member Petty stated there is a problem with all the inconveniences that are caused. He stated event oriented activities are a problem. He stated he liked the idea of making it a separate district and spoke about a parking benefits district. He stated as long as the city could retain some small portion of the revenues collected to help enforce the program, it could be an elegant system. He stated it could also be limited strictly, based on residency or have hourly restrictions. Council Member Bunch stated the parking has gotten worse over the years. She stated they have an opportunity to do something unique in the area. She stated it needs to go beyond two streets and needs to be the entire area. She spoke about students leaving their cars all day at Wilson Park. Council Member Marsh stated she likes the idea of a parking benefit district. She spoke about going to Wilson Park and witnessing a disproportionate number of cars to people using the park. She spoke about transportation, sidewalks, bicycling infrastructure, and mixed-use problems. She stated a comprehensive approach to transportation is needed in the community. Council Member Gutierrez spoke about the timeline to help move things along in order to help residents. She spoke about bus shelters. Council Member Smith spoke about being excited about the possibility of some solutions to the parking problem. Council Member Petty requested to see staff data that was compiled. He stated he's sensitive to the time it might take to design and launch a new program. He wants to move quickly. Justin Clay, Parking Manager gave a brief PowerPoint presentation on data collected about utilization. Council Member Marsh: What would we consider an optimal utilization rate so that we are using it well? Justin Clay: For an urban area, it is 80%. I don't know that we want to apply that to strictly a neighborhood that's primarily for residential use. It would be slightly less for this neighborhood. Council Member Gutierrez asked if the counts were during the week or weekend. Justin Clay: We began conducting counts around August 15th through August 31St. This included the week of rush, where things were chaotic. This past week we saw some drops in utilization. The original proposed core area maintained its high utilization rate. Council Member Petty: If we were to move from free parking to paid parking, do you think utilization would go down? Justin Clay: I anticipate that it would. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 12 of 27 Council Member Petty: With respect to having hourly restrictions for the public or a parking benefits district that mixes public parking and resident permits, do you think these areas would be good candidates for testing something like that? Justin Clay: They are all great ideas. We would be excited to explore further and determine the feasibility of implementing. Council Member Petty: How long would it take to get something that looks like a framework and pro -con list on some of these things? Justin Clay: We can get some ideas together in matter of weeks by the next round of meetings. City Attorney Kit Williams: He is speaking for his office. My office would be drafting the ordinance. I heard a lot of goods ideas from you. I've heard some ideas that are not going to be legal or constitutional, such as taking money from one citizen and giving it to another citizen. I agree with the common idea that this should be a different district if you are going to do it and not part of the other district. We don't want residents in the other district coming and parking up here. Also, they shouldn't be going down and parking in the Entertainment District, as if they were residents. I think we can have a mixture to be able to at least pay the increased cost it will be for our staff. The money that's going to be charged needs to come into the Parking Department to pay their ongoing cost. I believe we can do it in a matter of short weeks. Council Member Kinion spoke about neighborhood identity and heritage. He stated the most important thing is to listen to the neighbors. Alan Wooten, 279 West Ila stated if Council did what was in the ordinance, they would be back in six months because they would have the same problem in the other blocks. He stated restrictive parking is probably the only thing that will work. Phyllis Head, 402 West Ila spoke about her parking issue concerns. Allison Thoma, 414 West Ila spoke about her concerns of paid parking and timeboxing. Rolf Wilkin, 318 West Ila spoke about the car storage issue. He stated having paid parking would solve the problem. Barbara Dillon, Ila Street stated she agrees with the idea of paid parking, but she wants there to be parking spaces that belong to the residents. Barry Vassar, 463 West Ila spoke about parking, traffic, and infrastructure concerns. Jeff Mincy, 641 North Wilson requested Council to include Louise Street in the planning due to the parking problem. Greg Thoma, 414 West Ila stated he is supportive of expanding it to include Louise Street. He stated he wants some guarantee of parking for the residents who live there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 13 of 27 Council Member Scroggin spoke about paid parking and the ability to regulate price. Council Member Kinion stated he is open to amendments to the ordinance. He gave a brief description of the historical nature of the ordinance. He stated it's evident that it would have to be a Wilson Park south side parking district. He stated the event centers have to be kept in mind for the future. Council Member Smith: Can we memorialize our agreement and intent by amending the proposal to include the streets we have talked about? City Attorney Kit Williams: Instead of that, I ask that you table this until October 1, 2019. This is going to be a complicated issue. If we want to have paid parking, then we've got to have a machine to take money or a bunch of parking meters. Mayor Jordan spoke about all the things that would have to be considered, including the cost, extra staff, storage issues, and paid parking program while protecting the neighborhood. City Attorney Kit Williams: I would envision it being mixed with some residential and paid. Council Member Turk requested for a range of options to be looked at, such as cost for Police and residential only, mixed with paid. Mayor Jordan: I have that on the list. City Attorney Kit Williams: The benefit if we go into another system is it will be our Parking Department doing it, rather than the Police Department. Mayor Jordan: The Police look at the illegal things. Greg Tabor, Chief of Police: We don't enforce any of the parking in the Entertainment District, unless it is a violation of the parking ordinance. Mayor Jordan stated there is a parking issue down there he needs to look at. He continued to reiterate what he had heard at the meeting of what people are wanting. Council Member Turk: I want to know what it cost right now for the Police to come there versus in the future if we do a mix of paid parking and if we only did residential. I'm wanting the whole range of options of what the cost are. Has anybody reached out to the sorority's? Susan Norton, Communications & Marketing Director: Justin Clay has expressed to administration he is anxious to look at new models. Justin Clay spoke about reaching out to two sorority's. He stated they are interested in being a part of the conversation and working with the city to help with a solution. Mayor Jordan: How long do you think you will need to put something together? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 14 of 27 Justin Clay: Maybe in four weeks. City Attorney Kit Williams spoke about the agenda already being read for the next meeting. He is hopeful something could be ready by the October 1, 2019 City Council meeting. Council Member Kinion stated the sorority houses didn't cause the problem, but they have to deal with the parking just like everybody else. He spoke about the positive history of working with the sorority's. There was a brief discussion about the sorority house members parking situation. Council Member Marsh spoke about putting a 72 -hour limit on parking to help with the car storage issue. There was a brief discussion about controlled parking. City Attorney Kit Williams: City Clerk, Sondra Smith has become ill. Deputy City Clerk, Lisa Branson is here. Council Member Petty moved to table the ordinance to the October 1, 2019 City Council meeting. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. This item was left on the Second Reading and Tabled to the October 1, 2019 City Council meeting. New Business: Fayetteville Public School District: A resolution to thank and congratulate the Fayetteville Public School District for its substantial and effective efforts to reduce use of single use expanded polystyrene foam products. City Attorney Kit Williams: The Environmental Action Committee asked Council Member Turk to sponsor the resolution. I would like to read it out loud. City Attorney Kit Williams read the resolution. Council Member Turk gave a brief description of the resolution. City Attorney Kit Williams spoke about the NPR report being outstanding. Mayor Jordan: Thank you Teresa for bringing this forward. Thank you to everybody for helping to protect the environment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 15 of 27 Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 195-19 as recorded in the office of the City Clerk Amend §97.066 Hunting and Firearms: An ordinance to amend §97.066 Hunting and Firearms of the Parks and Recreation Chapter of the Fayetteville Code to expressly recognize exceptions to the no firearms in the parks prohibition. City Attorney Kit Williams: Before I read what was proposed at Agenda Session, I sent everyone a memo explaining I will follow the Attorney General's opinion. It's a very convoluted statutory scheme. There are several different ways it could be interpreted. The Attorney General interpreted it to say we can continue to prohibit firearms in the parks for all, except law enforcement officers, including concealed carry permits because of particular sections she said that gives us that right. I would rather do that. I have prepared a substitute ordinance and would like someone to move to substitute this ordinance. Council Member Smith moved to amend to accept the ordinance City Attorney Kit Williams presented. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Marsh, Kinion, Petty, Scroggin, and Turk voting yes. Council Member Bunch was absent during the vote. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: This protects the city because we had a little bit overbroad, no firearms statement that is not 100% correct. This still gives us the right to post signs at all the entrances to a park and a trail entrance into a park. Mayor Jordan: I will take care of the signs. Council Member Turk: Any new law made by the General Assembly, we wouldn't have to go back and amend our regulation? Would it just roll into whatever they decided? City Attorney Kit Williams: Yes. State law says we can't regulate more than state law. I wanted to make it clear we weren't trying to do that. If they change the law and put prohibitions on us, state law controls. Council Member Turk: That is to cover us in case something in the future happens? City Attorney Kit Williams: Right. Council Member Kinion: I support this. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 16 of 27 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 Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Smith: I think this is a far better solution than what was proposed. I still can't in good faith put my vote on anything that adds guns to our parks. Council Member Marsh: I am uncomfortable with expanding firearms in our community. I want the community to be aware of the position that the legislature is putting us in. I lived in Yimen, where men carry guns and I saw the violence it brought on that community. I'm voting for this because they are making us do it. Mayor Jordan: I have made several speeches against these laws. This is the time we need to make changes in the state legislature. This is the state law and I don't know how you can get around it right now. Greg Tabor, Chief of Police: At the bottom of Kit's memo, he talks about on -duty Police Officers carrying a gun. By state law and federal law, Police Officers have the right to carry a gun all the time. We would conflict with state law and federal law if we use that on -duty language. City Attorney Kit Williams: I don't think so because, our other persons if such prohibition would not be allowed by state law. So, you've got everybody that is on -duty, plus everybody else. Greg Tabor, Chief of Police: I'm reading the quotes at the bottom of your memo. City Attorney Kit Williams: The ordinance would read, "Subsection (A) shall not be interpreted to prohibit the possession of firearms in City parks by on -duty law enforcement officers or other persons if such prohibition would not be allowed by state law." Other persons is a broad term. We are not violation of the state law. Chief, I don't think off-duty officers should be walking around the park with a gun. Greg Tabor, Chief of Police: Our off-duty officers carry a gun most all the time. You never know when they are going to be put in a situation where they have to act as a Police Officer. It is very common that they carry a gun off-duty. But, if you are comfortable with that language as the City Attorney, then I am comfortable with it. City Attorney Kit Williams: This language will not make that illegal. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-1. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Smith voting no. Ordinance 6222 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 September 3, 2019 Page 17 of 27 Verizon Wireless: A resolution to approve the conveyance of a utility easement to Cellco Partnership d/b/a Verizon Wireless for the sum of $39,020.00 for the installation of fiber infrastructure along the Markham Water Tank access road. Tim Nyander, Utilities Director gave a brief description of the resolution. Council Member Turk: Have you heard any concerns about running that line by the Markham Hill water tank. Tim Nyander: No. Council Member Turk: I haven't either, but I wanted to make sure because of the location. Council Member Turk moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 196-19 as recorded in the office of the City Clerk Amend Chapter 161, Sidewalk Cafes: An ordinance to amend Chapter 161, Zoning Regulations of the Fayetteville Unified Development Code by moving Sidewalk Cafes from conditional uses to permitted uses in commercial and mixed-use zones to align with the intent of Ordinance 5979 to allow administrative approval of sidewalk cafes. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. 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 Gutierrez 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 6223 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 September 3, 2019 Page 18 of 27 Fayetteville Advertising and Promotion Commission Contract: A resolution to approve a contract with the Fayetteville Advertising and Promotion Commission in the amount of $35,000.00 to manage the development of various programming, marketing and operations aspects of the Cultural Arts Corridor Project, and to approve a budget adjustment. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Molly Rawn, Advertising & Promotion Commission Executive Director stated she is excited about the project. She spoke about being financially invested in it. Council Member Petty stated he appreciated how they started with the history of how the A&P has been involved. He spoke about using a contractor rather than the city hiring a full-time staffer. He stated it is timely because it is overdue. Council Member Marsh stated she is excited that the A&P is invested and looks forward to working with them on the project. She stated the Cultural Arts Corridor is so much more complex than they've realized. She stated it's essential that they have a project manager on staff with specific expertise in this field. She spoke about local firms not having an opportunity to be part of the selection process. She stated as they move forward, they have an opportunity for local firms to be engaged and a commitment to transparency in selecting firms. She spoke about using a RFQ and RFP process. She stated she has concerns about taking this out of the umbrella of the city where they don't have as many protections with the Freedom of Information Act. She stated a critical step was missed in the project, which was citizen engagement in setting the goals and objectives. She stated they would be making a mistake if they just make it a public plaza with programmed events. She spoke about growing a creative economy, supporting artist, and developing a Fayetteville brand. She spoke about developing a cultural policy. Susan Norton, Communications & Marketing Director: I don't think anyone on staff has underestimated the transformative potential of this project. I have faith in Molly and her team to bring us all together through the collaborative work that's going to identify what we are talking about in that broad picture Council Member Marsh described. The opportunity is now. Once we get the movement going, that leads to the development of the governance structure that could possibly include full time dedicated staff. I want to make sure we all embrace the opportunity. Council Member Gutierrez stated this is going in the right direction. She spoke about the formation of a non-profit. Molly Rawn: The development of a non-profit is about identifying the appropriate entity, which could be an existing non-profit, a staff person or a new organization that hasn't yet been formed. Council Member Turk: Wouldn't this still be subject to FOIA regulations? Mayor Jordan: Yes. Molly Rawn: The Advertising and Promotion Commission and all our activities fall under FOIA. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 19 of 27 Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 197-19 as recorded in the office of the City Clerk Arkansas State Drug Crime Enforcement and Prosecution Grant Fund: A resolution to authorize acceptance of the Arkansas State Drug Crime Enforcement and Prosecution Grant Fund for state funding of the Fourth Judicial District Drug Task Force in the amount of $91,319.00, to authorize Mayor Jordan to sign all necessary documents to receive the grant funds, and to approve a budget adjustment. Greg Tabor, Chief of Police gave a brief description of the resolution. Council Member Petty: What is the intent and restrictions of this money from the state's perspective? Greg Tabor, Chief of Police: There are a lot of restrictions. I can't name them all off the top of my head. You can't do any kind of out of state travel. There are restrictions on the amount of overtime. Council Member Petty: Are these restricted specifically to enforcement activities? Could they be used for prosecutorial programs or drug court? Greg Tabor, Chief of Police: That's the two things this can be used for out of this one fund. It is law enforcement and prosecution grants. $2.1 million went to drug task forces and the state has $13 million grant that is used for prevention and rehab. Council Member Gutierrez moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 198-19 as recorded in the office of the City Clerk RZN 19-6750 (2143 N. Rupple Rd./Wt Transfer Holding Co.): An ordinance to rezone that property described in rezoning petition RZN 19-6750 for approximately 4.57 acres located 2143 North Rupple Road from R -O, Residential Office to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. He stated there was no public comment. Jake Born, Applicant spoke briefly about his proposed project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes September 3, 2019 Page 20 of 27 Council Member Smith spoke about the terrain. He requested to know under the form based zone what kind of options would future development have, as far as setbacks and to address the trail if there is redevelopment. Garner Stoll: Depending on the extent of the redevelopment, it may require a variance from the Planning Commission at the Large -Scale process. Council Member Turk: Right now, no new roads would be built? They would access using the existing roads, is that correct? Garner Stoll: Yes. They are in the process of turning these into jointly shared private drives, which would access this parcel. Council Member Turk: We had this on our agenda for the Ward 4 meeting. I don't recall that there was a lot of opposition to this, but there was concern about traffic. I like this project, but we need to be thinking about infrastructure for the future. There was a brief discussion about road access. Council Member Scroggin spoke about traffic concerns. 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 Smith spoke about the mix of traffic concerns. He stated there's an opportunity to avoid some of the mistakes that have been made in other parts of town. He stated he is happy to have the form based zone. Council Member Marsh: This is an opportunity that shows we need a trail oriented development code. This is a site that's not well served due to the topography from the highway, but has a tremendous opportunity to be a trail oriented business site. 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. Mayor Jordan spoke about needing to look at zoning and what is being built out there. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6224 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 September 3, 2019 Page 21 of 27 RZN 19-6747 (1140 N. College Ave./FHA Development): An ordinance to rezone that property described in rezoning petition RZN 19-6747 for approximately 0.61 acres located at 1140 North College Avenue from C-2, Thoroughfare Commercial to CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated Planning Commission and staff recommend approval. He stated there was no public opposition. Angela Belford, Fayetteville Housing Authority Executive Director stated they would like to convert the hotel into 24 studio apartments, primarily for veterans. She stated it will be a mixed income use development. Council Member Marsh thanked Ms. Belford for her work. She spoke about the motels midcentury modern architecture with large windows. She requested to know if there were any plans to restore the windows. Angela Belford: The windows have already been replaced. They came with a $40,000 asbestos price. The windows are encased in brick and dramatically increases the cost of the process. There was a brief discussion about the construction of the windows and reviewing a postcard of the motel in its original state that Council Member Marsh owned. Council Member Gutierrez thanked Ms. Belford for her work. She stated she would love to see the continuation of affordable mixed housing along the 71 B corridor. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Marsh, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Kinion was absent during the vote. 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Marsh, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams thanked Deputy City Clerk, Lisa Branson for helping at the City Council meeting. Lisa Branson, Deputy City Clerk: Thank you, Kit. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 22 of 27 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Smith, Gutierrez, Marsh, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Kinion was absent during the vote. Ordinance 6225 as Recorded in the office of the City Clerk Amend the Master Street Plan: A resolution to amend the Master Street Plan by downgrading portions of the right-of-way located within the Sloanbrooke Subdivision from collector streets to local streets. Garner Stoll, Director of Development Services gave a brief description of the resolution. He stated staff and the Planning Commission recommend approval. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 199-19 as recorded in the office of the City Clerk Parkson Corporation: An ordinance to waive competitive bidding and accept a quote in the amount of $47,500.00 plus applicable taxes and freight charges from Parkson Corporation for the purchase of an electric tilling mole for the Biosolids Management Site, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. Council Member Kinion: This was a show item that has traveled the United States and we are proud to have it. Tim Nyander: The new mole is a showroom for show. It was designed specifically for the City of Fayetteville. There was a brief discussion about the helpful aspect of the mole when it gets cooler to help dry more quickly. City Attorney Kit Williams spoke about it being a good thing for the city. Council Member Turk 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 23 of 27 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. Mayor Jordan: How many of those do we have? Tim Nyander: We have six solar houses and six electric moles. Mayor Jordan: How long does it take for one to till up? Tim Nyander: It is a constant endless cycle and turns to dry it. It will go as long as you need it before you decide to take it to the dryer. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6226 as Recorded in the office of the City Clerk Buffington Weir, LLC: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Buffington weir, LLC, for the installation of a water main along a portion of Rupple Road, with the estimated amount of $206,070.00 to be paid by the City of Fayetteville, to approve a project contingency in the amount of $30,900.00, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director: The city has come across a problem with the cost share because this was the engineers estimate for this cost. The actual bid came in $25,000 more than the cost share, plus the contingencies. I might have to pull this and bring it back. City Attorney Kit Williams: Do you have the numbers? It looks like the only thing we have to do is change the figures. Tim Nyander: The bid was $262,153. Our total cost share with contingency was $236, 970. City Attorney Kit Williams: We can either leave it on the first reading or we can amend it. There was a brief description on how to proceed. This item was left on the First Reading 3Volve Housing Company: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with 3Volve Housing Company for the installation of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes September 3, 2019 Page 24 of 27 a sewer main line along a portion of South Curtis Avenue, with the amount to be paid by the City of Fayetteville not to exceed $18,327.50, and to approve a project contingency in the amount of $1,833.00. Council Member Marsh: I need to recuse myself. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated staff recommends approval. Council Member Petty stated with respect to the 2040 Plan, he suggests coming up with a standard program for doing these types of cost sharing. He stated it might be more efficient for staff and applicants if there were a standard set of guidelines for passing or failing of these items. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Kinion, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Marsh recused. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Smith, Gutierrez, Kinion, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Marsh recused. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Smith, Gutierrez, Kinion, Petty, Scroggin, Bunch, and Turk voting yes. Council Member Marsh recused. Ordinance 6227 as Recorded in the office of the City Clerk Spring Street Cottages, LLC: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Spring Street Cottages, LLC for the installation of a fire hydrant near the intersection of East Spring Street and North Washington Avenue, with materials to be provided by the City of Fayetteville in the amount of $3,682.29. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 25 of 27 Council Member Kinion 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. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Gutierrez 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 6228 as Recorded in the office of the City Clerk 2019 Bond Appropriation: A resolution to approve a budget adjustment in the total amount of $134,588,625.00 to appropriate proceeds from the 2019 City Sales and Use Tax Bonds. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Mayor Jordan thanked everyone for their work on the item. He stated it is a historic moment. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 200-19 as recorded in the office of the City Clerk South School Property Land Sale Agreement: A resolution to approve the purchase of 1.76 acres of property located on South School Avenue from Robert and Vickie Parker for the amount of $180,000.00 for the construction of a fire station, to approve a project contingency in the amount of $9,000.00 to cover all associated closing costs, and to approve a budget adjustment. Brad Hardin, Fire Chief gave a brief description of the resolution. Council Member Marsh: I am excited to be getting a new fire station in Ward 1. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 201-19 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 September 3, 2019 Page 26 of 27 Fayetteville Fire Station and Police Headquarters: A resolution to approve the real estate agreement (offer and acceptance) between the City of Fayetteville and the Division of Agriculture of the University of Arkansas to purchase about 11.6 acres located north of Deane Street and east of Porter Road for the construction of a new Fayetteville Fire Station and Police Headquarters Complex for two million five hundred and ninety thousand dollars ($2,590,000.00), plus any associated closing costs, and to approve a budget adjustment. Brad Hardin, Fire Chief and Greg Tabor, Chief of Police gave a brief description of the resolution. There was a brief discussion about the excitement of the project. City Attorney Kit Williams: Thank you to Dr. Mark Cochran, who is the head of the Division of Agriculture at the U of A for working with our Police and Fire Departments to support this purchase. This purchase still has to be approved by City Council and the University Board of Trustees on September 12, 2019. Paul Becker, Chief Financial Officer: There was a resolution passed in 2005. At that point, the Council had said they were going to look at a Police facility downtown. With Kit's advice, this overrides that resolution and would allow us to build elsewhere. There's no members of the Council currently who were there at that time. Lioneld was on the Council, but conditions have changed. City Attorney Kit Williams gave a brief historical overview. He stated the 2005 resolution would be overridden by the proposed resolution, if passed. Council Member Turk spoke in favor of the land purchase. She stated it was interesting that the U of A retained half of the mineral rights. City Attorney Kit Williams: It is a state law and that's why they have to put that in. Mayor Jordan stated he is thrilled and it is wonderful. Council Member Kinion moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 202-19 as recorded in the office of the City Clerk Lewis Fields Park Real Estate Agreement: A resolution to approve the Real Estate Agreement (Offer and Acceptance) between the City of Fayetteville and the Fayetteville Public School District to jointly purchase about 27.5 acres known as Lewis Fields Park from the Division of Agriculture of the University of Arkansas in the amount of three and a half million dollars ($1,750,000.00 each) plus any associated closing costs, and to approve a budget adjustment. Paul Becker, Chief Financial Officer gave a brief description of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes September 3, 2019 Page 27 of 27 City Attorney Kit Williams thanked Dr. Cochran from the University of Arkansas. He spoke about being able to negotiate down the initial appraisal cost, which saved the city and school district over $100,000 each on the price. He spoke about doing a lot split in the future. Mayor Jordan thanked everyone for their work. Will Dockery, 4149 West Bradstreet Lane spoke in favor of the resolution. Mayor Jordan thanked Will Dockery for his work. Council Member Smith stated this has been a long time coming. Council Member Turk thanked Will Dockery for spearheading neighbors and citizens to bring it forward to make it happen. She thanked him for helping save the park with his tireless efforts. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 203-19 as recorded, in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director spoke briefly about announcements. All information about City of Fayetteville business can be viewed on the city's website. Keith Macedo, IT Director: After 4.5 years, we finally have utility paperless billing. We will be posting on social media and the internet to give all the details. City Council Agenda Session Presentations: Agenda Session CSU Presentation - Kristin McAllister Agenda Session Presentation - Airport Presentation by Summer Fallen Agenda Session Presentation: Single Use Plastics Citv Council Tour: None Adjournment: 9:45 p.m. Jordan, ayor Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov