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HomeMy WebLinkAbout2019-11-19 - Minutes -Council Member Sonia Gutierrez Ward 1 Position I 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 of Fayetteville Arkansas City Council Meeting November 19, 2019 City Council Meeting Minutes November 19, 2019 Page 1 of 22 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 November 19, 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, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the October 15, 2019 City Council Meeting Minutes. Approved 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 2 of 22 Selective Traffic Enforcement Project Grant Award: A resolution to authorize acceptance of a 2020 Selective Traffic Enforcement Program grant in the amount of $90,700.00, and to approve a budget adjustment. Resolution 251-19 as recorded in the office of the City Clerk 2019 Bulletproof Vest Partnership (BVP) Grant: A resolution to authorize acceptance of a matching grant award from the 2019 Bulletproof Vest Partnership Program in the amount of $30,205.89 for the replacement of body armor vests for Fayetteville Police Officers, and to approve a budget adjustment. Resolution 252-19 as recorded in the office of the City Clerk Amend Resolution 68-18: A resolution to amend Resolution 68-18 to allow the city to utilize pricing presented in the existing contract with EcosConnect, LLC on an as needed basis and not on a total annual cost. Resolution 253-19 as recorded in the office of the City Clerk Public Access Television Fee Revenue: A resolution to approve a budget adjustment in the amount of $5,800.00 recognizing public access television fee revenue to be used for minor equipment. Resolution 254-19 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. 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, subject to the Bill of Assurance. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. At the September 17, 2019 City Council meeting this ordinance was tabled to the November 19, 2019 City Council meeting. Garner Stoll, Director of Development Services stated the applicant had requested for the item to be withdrawn. Hugh Jarratt, Applicant's representative stated he has met with the neighbors. He stated they have gotten closer to a site plan that is agreeable, but needs more time to work on the item. Council Member Scroggin: Do you want to table indefinitely? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 3 of 22 Hugh Jarratt: Table indefinitely or whatever is the most convenient. Council Member Scroggin: Is that going to force him to have to go through the Planning Commission again? City Attorney Kit Williams: Once it has been removed, then it would be totally gone. If you wanted to bring one back, then it would have to go all the way through the process again. Council Member Scroggin: You are okay with that? Hugh Jarratt: Yes. There was a brief discussion about what tabling indefinitely means. City Attorney Kit Williams: Once December 31 st comes around, anything that has been tabled indefinitely is canceled. Mayor Jordan: The applicant can reapply. Council Member Scroggin moved to table the ordinance indefinitely. Council Member Turk seconded the motion. Upon roll the motion passed unanimously. This item was Tabled Indefinitely. Amend §114.02 Farmer's Market (B) Expanded Saturday Use of the Square: An ordinance to amend § 114.02 Farmer's Market (B) Expanded Saturday Use of the Square to close Center Street to vehicular traffic. At the September 17, 2019 City Council meeting this ordinance was tabled to the November 19, 2019 City Council meeting. Council Member Scroggin 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. Garner Stoll, Director of Development Services stated he had nothing more to add. Chuck Rutherford, Chair of the Farmer's Market: The Board of Directors approved closing Center Street to the traffic. The members voted in favor of closing Center Street. Council Member Petty spoke about his appreciation for everyone who worked on the ordinance. He spoke about how great it will be for everybody who uses the Fayetteville square. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 4 of 22 City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6258 as Recorded in the office of the City Clerk 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. At the September 3, 2019 City Council meeting this ordinance was left on the second reading and tabled to the October 1, 2019 City Council meeting. At the October 1, 2019 City Council meeting this ordinance was tabled to the November 5, 2019 City Council meeting and referred to the Ordinance Review Committee. At the November 5, 2019 City Council Meeting this ordinance was tabled to the November 19, 2019 City Council Meeting. City Attorney Kit Williams: There have been numerous meetings of the Ordinance Review Committee. The City Council is ready to approve an amended version that was discussed at Agenda Session. There are two Exhibits. We need to change the current ordinance that was originally brought by Council Member Kinion to the longer ones that has the Exhibits. There was a brief clarification about the amendment. City Attorney Kit Williams read the proposed amended ordinance. Council Member Petty requested clarification about the proposed amendment and Exhibits. City Attorney Kit Williams: We can talk about the ordinance first and then we will get to the Exhibits after the ordinance has been amended. Council Member Petty: The exhibits aren't relative to the motion? City Attorney Kit Williams: Not to this motion. Council Member Petty: We will have to do a second amendment to pick an Exhibit? City Attorney Kit Williams: Yes. There will be a second amendment to adopt the Exhibit. Council Member Turk: The amendment is to take it out of the Entertainment District and place it in the South Wilson Parking District? City Attorney Kit Williams: The first proposal by Council Member Kinion was to extend the north zone of the Entertainment District. This amendment removes Ila Street from the north zone of the Entertainment District. It will create a new district called, Wilson Park South Neighborhood 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 5 of 22 District. After you do that, then you have to decide which one of the two Exhibits you like. Once you decide on an Exhibit, then you will vote on the ordinance as a whole. Council Member Kinion: This was developed and presented because of a lot of neighbors and administration working together. It seems to be almost universally acceptable to the neighbors. I commend the neighbors, Ordinance Review Committee, and Parking Department for working together. Justin Clay, Parking Manager gave a brief description of the proposed amended ordinance. Council Member Kinion moved to amend the ordinance that was published and passed out at the Agenda Session. Council Member Gutierrez seconded the motion. Upon roll the motion passed unanimously. City Attorney Kit Williams stated there are two possible Exhibits. He stated one is an Ordinance Review Committee recommendation and the other is specific rates and hours. He stated the only change is in paragraph F. He read both Paragraph F's for Council to vote on. He stated he had initially recommended specific rates and hours. He stated there is another alternative if Council likes. He stated he yields to the City Council to determine which one they want. Council Member Petty stated the version that is titled Ordinance Review Committee recommendation is truer to the discussion had at the Ordinance Review meeting. He stated the neighbors wanted the public spaces to be priced so there was a disincentive for members of the public to park there. He stated the committee discussed the best way for doing that was to make sure the public pricing was higher than the public pricing we charge in the Entertainment District. He stated the version of the Exhibit entitled specific rates and hours doesn't do that. He stated they heard that none of them were certain that the first attempt to set a rate would be the correct rate and anticipated a rate adjustment might be necessary. He stated it may be challenging to adjust the rate even if it was called for due to the political process. He stated this will set specific parameters that would have to be followed. City Attorney Kit Williams: Any Council Member can make a motion to accept the Exhibit I of their choice. Council Member Smith: This is a better representation of the Ordinance Review discussion that we had. Since Council Member Kinion was the original sponsor of this, I am hoping you will share your thoughts on the two choices. Council Member Kinion: From the meetings I attended, what Council Member Petty read is more representative of what was discussed at the meeting. We can adjust the rates without having to go through the complete political process. These rates establish a baseline. Council Member Turk stated her appreciation to everyone who worked on the ordinance. She stated what Council Member Petty put together is complicated. She recommended setting the rate at $2.00 an hour, which would simplify the process and then revisit the subject in a year. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 6 of 22 Council Member Bunch: If we vote on this tonight, how long does it take to put it into effect? Justin Clay: The ordinance will take effect in 31 days from passage. There would be some administrative necessities. We could have something up and running after the first of the year. City Attorney Kit Williams: You think you can get all the residential permits delivered in 31 days? Justin Clay: Yes. We have been presumptive and included some orders for additional permits should that be needed. Council Member Bunch: I was thinking it would take a couple of months with the holidays. Council Member Smith: Justin, after reading through this, do you have any concerns administering this through your office resources? Justin Clay: No concerns. This is something we can manage. We will be collecting utilization data anyway. These criteria are very doable. Council Member Smith: We would be looking at a periodic annual review in August? Justin Clay: Probably. That would make sense. Council Member Petty: I feel strongly about the Exhibit titled Ordinance Review Committee recommendation. It is reflective of what we heard the public wanted most and the feedback we had at the Ordinance Review Committee. I appreciate that it's more complicated than setting the rate. If the proposal is to set the rate high at the beginning to $2.00 an hour and then take another look at it next year, that's precisely what is proposed in the Ordinance Review Committee recommendation. We chose August to make the first adjustment because we would have a full semesters worth of data. It puts a deadline on making sure the first-rate adjustment happens before students return and rush week begins. This is very practical. Council Member Turk: What is ideal utilization? Justin Clay: For on -street spaces, the nationwide standard is 80%. We would apply something very similar. City Attorney Kit Williams: Even if you want to use this algorithm to adjust the rate in the future, it would be appropriate for the City Council to set the rate tonight to where it's going to start and the hours you are interested in. The Parking staff can then look at how it's being used and adjust it. Choose some rate between $1.00 and $2.00. Council Member Petty: I prefer the Parking Division to choose the rate. Justin Clay: Our first inclination was 8:00 am to 2:00 am pricing of $1.00 an hour. In this case at least until probably 6:00 pm. It would ensure the rate would be higher than the Entertainment 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 7 of 22 District from 8:00 am to 6:00 pm. For the remaining time, 6:00 pm to 2:00 am it could be somewhere between $1.00 and $2.00. I don't know that we would want to go all the way to $2.00 right off the bat. Maybe do a $1.50 to split the difference. Council Member Petty: You are suggesting we set the initial hourly rate in the ordinance? City Attorney Kit Williams: It would just replace Number 1, which says it will be set by the Parking Division and shall not exceed $2.00. If Council would set a rate and the hours, then after that everything else remains the same and adjust as we go along to get the ideal parking rate. Council Member Petty: Did you have a price change at 6:00 pm? Justin Clay: Yes. Council Member Petty: That is based on the utilization studies you have conducted? Justin Clay: Yes. The peak occurs in the evening one day a week. On all other dates and times, it's more heavily utilized from morning to midday. To ensure overnight parking is available for residents, it could be justified to have the higher price in the evening. It has to be higher than the Entertainment District and it is a $1.00 an hour there. Council Member Petty: If you had to choose an ideal utilization rate to codify, would it be 75% or 80%? Justin Clay: 80% is the national standard and we are justified in using that number. However, if we want to have something lesser for safety sake, I am comfortable with 75%. Council Member Petty: What would a proper motion be to amend to this version with your suggested inclusions? City Attorney Kit Williams: It would be to amend the Ordinance Review Committee recommendation shown in Exhibit 1 by amending subsection F (1), which says the initial parking rate and hour shall be set. There was a brief discussion about the hourly rate, time, and utilization rate. Council Member Petty spoke about the rate shift changing at 6:00 pm. Council Member Turk: From 2:00 am to 8:00 am, there will be no charge? It was determined there would be no charge during these hours. Council Member Turk: I don't know that I would support that. Susan Norton, Communications and Marketing Director: I believe that is true of all our parking. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 19, 2019 Page 8 of 22 Justin Clay: The pricing ends at 2:00 am in the Entertainment District. Council Member Smith: I support the amendment, but I question the rate shift of 6:00 pm. I would suggest 4:00 pm or 5:00 pm. People will be coming home from work and not be able to find a spot to park. It is appropriate to use parking in this area during the day when there is fewer people home and more people in class. It might be useful to set the time in a way that it incentivizes students to get their cars out before the residents come home from work. Council Member Kinion requested for the rate shift to be 4:00 pm instead of 6:00 pm. Council Member Marsh: I am starting to get some concerns about us setting this policy. The thing I liked about the un -amended Exhibit was it empowered staff to make data driven decisions about how to manage this, rather than us making political decisions. Council Member Smith: In Section C, they have the opportunity to make rate and hour adjustments later. Barbara Dillon, 126 Ila Street spoke about being in favor of a lower utilization rate. Allison Thoma, 414 Ila Street thanked the committee for their work. She spoke about wanting a lower utilization rate. She spoke about algorithm pricing concerns. She requested a cap at the utilization rate so it doesn't go below the rate of the Entertainment District. City Attorney Kit Williams: It is already there in Subsection (f) that the rate shall not be adjusted below the rates established within the Entertainment District. Council Member Petty: The way the utilization rate is set or its intention is to determine how many spaces should be generally empty and available for residents or the public to use during peak hours. We wrote the ordinance to set the rate according to peak usage, not according to the usage every hour or every day. 75% is when there are ten publicly available spaces on your block and doesn't refer to the residential reserve spaces. The mixed-use spaces, if there are ten on your block, you would expect even during peak hours on peak days between two to three are still available to park in. Justin, refresh us on what we saw in terms of peak hour utilization and appropriate utilization rates. Justin Clay: Utilization was over 80% on the next block of Ila, which is the block between Vandeventer and Shady, as well as the whole of Vandeventer that's around 100%. It was 80% on the western half of Louise. Those blocks exceeded the utilization rate we are talking about. Looking at the neighborhood as a whole, it averaged around 68%, taking into account all the spaces that were unregulated and available to the public. I suspect the rate will go up if we are only looking at mixed-use spaces. The supply will be much less. Utilization generally for a residential neighborhood like this, it's justifiable to have a lower than acceptable utilization rate. Council Member Petty: If there is a better utilization rate that is more in favor, I am open to it. We are chartering a new territory. I express a caution in reducing it too far. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 9 of 22 Council Member Marsh: It's important we are not just disincentivizing people to park there to protect the integrity of the neighborhood. This is a public resource and we have a responsibility to ensure the optimize use of it, as we do with tax dollars or public lands. We have got the alternating sides of residential reserve parking. Through that program we are doing a great job providing parking for the neighborhood, which was a primary goal of this. When we recognize maybe 50% of this is going to be mixed-use, that higher utilization rate is appropriate. 75% is a little bit low when best practices are 80%, but I'm willing to support that as a starting point. Council Member Scroggin: I think the utilization is going to go down. I am okay with the 75% and I don't think we will get it except at those peak points. Council Member Kinion will propose a new ordinance if this doesn't work. This has taken a little bit of time, but this is how government should work in getting something good. Council Member Kinion: We should go ahead and support this amended Exhibit. It is a compromise and 75% is good. We can come back and change this if there is a problem. This is a unique situation and will take some time to figure it out. This is good for visitors, neighbors, and the public in general. Council Member Turk: We are very close to getting there. Council Member Petty, why did you choose August as the time period to adjust the rate? I have some concerns about the time because of rush, student population increases or big changes that could influence the distribution of parking places. Council Member Petty: That is when changes are already taking place in the district and it seemed like the natural time for a rate adjustment to take effect. I envisioned we would have useful data coming from graduation activities in May and how those had impacted the area. I expect come August, we would be looking at how the adjustment had been impacted by the major activities of surrounding rush week and the activities that follow. You could make a pro/con list for almost any month out of the year. Council Member Turk: Would you be open to making the rate adjustment in September, rather than August? Council Member Petty: I am open to it. I would like Justin Clay and Council Member Kinion's opinion. Justin Clay: Any time frame is workable for us. There are events taking place year-round that affect utilization and create peak utilizations at different points. We will have enough benchmarks between now and the first two weeks of August to determine the peak utilization. Council Member Kinion: I like it the way it is. If we are going to do utilization, it's months of data. This is near perfect. Council Member Smith thanked the neighbors for all the hours they helped with their input. He thanked the Ordinance Review Committee for their innovation and ways to strike a balance. He stated this will be a usable tool in the future. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 10 of 22 Council Member Bunch spoke about the ability to tweak the ordinance in the future if needed. Council Member Petty moved to amend the ordinance to 8:00 am until 4:00 pm at $1.00 per hour and 4:00 pm until 2:00 am at $1.50 per hour. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Mayor Jordan: Now we have the amended Exhibit 1 from the Ordinance Review Committee recommendation. Correct? City Attorney Kit Williams: That is correct. Council Member Smith moved to amend the ordinance to accept Exhibit 1 from the Ordinance Review Committee. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. 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. Council Member Petty spoke about the ordinance being an extended process. He thanked Council Member Kinion, Ordinance Review Committee, Justin Clay, and the neighbors for all their work on the ordinance. Mayor Jordan thanked the City Council and staff. He stated Justin Clay and Peter Nierengarten did many hours of work on this. He thanked Council Member Kinion and the neighborhood. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6259 as Recorded in the office of the City Clerk New Business: JCI Industries, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $19,874.00 plus applicable taxes and freight charges from JCI, Industries, Inc. for the repair of a submersible pump for the Gregg Avenue Lift Station, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated the Water & Sewer Committee recommend unanimously to forward it to Council for approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page l 1 of 22 Council Member Scroggin 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 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. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6260 as Recorded in the office of the City Clerk Olsson, Inc.: A resolution to approve a professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $771,217.40.00 for the design of multi -modal improvements to the Porter Road, Deane Street, Sycamore Street, and Poplar Street Corridor, and to approve a budget adjustment. Matt Mihalevich, Trails Coordinator gave a brief description of the resolution. Mayor Jordan: This is part of our bond? Matt Mihalevich: Yes. Council Member Smith: This is still in the design phase and the exact placement isn't entirely done until we get through those design charrettes? Matt Mihalevich: Correct. Mayor Jordan: Good project. Council Member,Petty moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 255-19 as recorded in the office of the City Clerk Walton Family Foundation Grant Acceptance: A resolution to thank the Walton Family Foundation, to authorize Mayor Jordan to accept a grant from the Walton Family Foundation in the amount of $410,000.00 to fund the design of bicycle and pedestrian improvements along Porter Road, Deane Street, Sycamore Street and Poplar Street to create the Midtown Trail, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 12 of 22 Matt Mihalevich, Trails Coordinator gave a brief description of the resolution. Mayor Jordan: Thank you to the Walton Family Foundation for continuing to invest in this city. They have been tremendous partners for us. Council Member Smith moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 256-19 as recorded in the office of the City Clerk RZN 19-6853 (1278 W. Hendrix St./Fugitt): An ordinance to rezone that property described in rezoning petition RZN 19-6853 for approximately 0.51 acres located at 1278 West Hendrix Street from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre. City Attorney Kit Williams read the ordinance. Garner Stoll, Director of Development Services gave a brief description of the ordinance. He stated staff and the Planning Commission recommend approval. Bill Fugitt, Applicant stated he was available for questions. Council Member Scroggin: I received several emails about this. People are concerned that using a cluster pattern could go up to eight houses. How viable is that? Garner Stoll: RSF-8 is a district that allows cluster housing under the cluster housing ordinance, but only as a conditional use. The multi -family districts allow it as a permitted use. To exercise that density, they would have to seek a conditional use permit. Council Member Turk: Remind us what kind of mistake was made on Hendrix Street in the past. Was it the unit right next door to this to the west of it? Garner Stoll: Yes. An identical half acre size lot was incorrectly mapped when the digital zoning map was created in the early years. It wasn't discovered until an investment had been made. Council ended up rezoning it. Mayor Jordan: Not all the Council. Council Member Turk: Were there promises made at that time to the neighborhood? Any apologies or remediation made because of that mapping mistake? Garner Stoll: The Council said they wanted to respect the existing neighborhood. I don't think there were promises made that you couldn't seek another single-family district. RSF-8 is a single- family district. It is not the density of RI -12. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 13 of 22 Council Member Turk: Having RI -12 right next-door impacts that. Jared Layne, 1247 South Maxwell Drive stated he has lived there for 24 years and there had been promises. He spoke about streets in the area not being wide. He spoke in opposition of the ordinance. Garner Stoll spoke briefly about the amount of homes that could possibly be built, variances from the Planning Commission, infrastructure, cost, and conditional use process. Joyce Richards, 1673 North Stephens spoke about infrastructure, flooding, and tree preservation. She spoke in opposition of the ordinance. Council Member Kinion stated it's one of the sweetest neighborhoods left in this area of the city. He stated it preserves a heritage of what a neighborhood was and what it can be. He stated they have to be careful with overfill. He spoke about the water issues in the area and infrastructure. He stated there is a value in looking at preserving the nature of the neighborhood. He requested to go on a City Council tour. Council Member Marsh: We are supposed to be making appropriate infill our highest priority. We have a lot of people moving in. We have a mismatch between the type of houses we have and the demographics of our households. We are needing smaller infill households. The lot is within walking distance of amenities, employers, and transit lines. The scale proposed is appropriate and it can play well with the rest of the neighborhood. I am going to support this. Council Member Scroggin stated he agreed with most of what Council Member Marsh said. He stated he drove through the neighborhood and believes it's an appropriate place for a slight increase in density. He stated as houses age out and get replaced by single houses, they don't fit the character and so the character issue is already happening. He stated it is a perfect place for increased density. He spoke about the walkability of the area to amenities. Council Member Turk: This is one of those great neighborhoods close to the university. We are slowly destroying the integrity and personality of the neighborhood. That neighborhood has suffered from the large development behind Harps. It has increased traffic and changed the whole area a lot. We are compounding the original mistake from the mapping error. The RI unit next door is justifying this RSF-8 and I am not going to be in support of this at all. We need to maintain the quality and character of the neighborhood. If we continue down this path, every neighborhood around the university is going to have tiny houses on it. We need diverse neighborhoods and allow old neighborhoods to stay the way they are. New neighborhoods can sprout up with infill and tiny houses on tiny lots that people can purchase if they choose too. Council Member Smith: The only constant we are ever going to have in a university town is change. The harder we work to make an entire neighborhood contained under a glass dome so that it can't change, the less healthy it will be in the long run and the more likely it is to be bought up in entire blocks by a single developer who turns it into a huge apartment complex. This is an opportunity for an incremental change. The existing services in the area fits with the need for infill. I don't see this as being out of character with the neighborhood, which is already a lot of small 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 14 of 22 houses. The problem I have is there are some huge trees here. This is going to be one of those cases where our tree preservation and stormwater controls not addressing single-family neighborhoods is going to hurt. I would like to tour this. Council Member Bunch spoke about the map of the area. She stated there are a lot of the same property owners in the area. She stated it only takes one property owner to sell three or four houses on a block and they are going to want to possibly put in a big apartment complex. She stated this proposed rezoning might not be perfect, but maybe it's a better solution to have things done a little bit here and there. She spoke about her drainage and tree concerns in the area. She spoke about taking a tour of the property. Council Member Scroggin: We should go look at this. Are there any projections about the trees in RSF-4? Garner Stoll: No. If they choose to go to the cluster housing ordinance, that takes them under the small-scale development since it's under an acre, which would bring in storm drainage and tree preservation. There is no guarantee which trees are going to be preserved. They would have to meet the minimum percentage. Council Member Scroggin: There's no tree and drainage protection right now? Garner Stoll: No. Council Member Scroggin: We have got to get protections on single-family. If the character of a neighborhood is trees, I don't feel we are voting on that now. If we were going to RMF -24, then all the trees would go other than the ones they replant. Trees are unfortunately not part of this conversation, even though I would like for them to be in the future. Council Member Marsh: Changing the zoning to the proposed zoning gives us no more or less tree or flood protection. Mayor Jordan: I have a history with this area. I want to have more time to study it. I know what I promised that neighborhood at the time. This Ordinance was left on the First Reading 2020 Washington County for Jail Services Fee Agreement: A resolution to approve the Per Capita Jail Fee Agreement with Washington County for jail services in 2020 in the amount of $222,950.07. Mike Reynolds, Chief of Police gave a brief description of the resolution. Council Member Smith: How often is the per capita rate reevaluated? Is it annually? Mike Reynolds: Correct. I believe the date is every October. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 15 of 22 City Attorney Kit Williams: Thank you to our Police Department for their hard work over the last several years to reduce the number of arrestees we have. It is a continuing operation and they have done a very good job. I hope you will continue to do that and set the example for the rest of the county. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 257-19 as recorded in the office of the City Clerk RFQ 19-01 Brinkley Sargent Wiginton Architects — Bond Project: A resolution to approve a professional architectural services agreement with Brinkley Sargent Wiginton Architects, Inc., pursuant to RFQ #19-01, in an amount not to exceed $2,948,650.00 for architectural services for a new Fayetteville Police Department Headquarters and Support Facility, to approve a project contingency in the amount of $300,000.00, and to approve a budget adjustment. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the resolution. Mayor Jordan spoke about this being a part of the bond projects. He thanked everyone for their work. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 258-19 as recorded in the office of the City Clerk Miller Boskus Lack Architects, P.A. - Bond Project: A resolution to approve a professional architectural services agreement with Miller Boskus Lack Architects, P.A., pursuant to RFQ #19- 01, in the amount not to exceed $660,735.00 for architectural services for up to three new fire stations, to approve a project contingency in the amount of $80,000.00, and to approve a budget adjustment. Wade Abernathy, Building Maintenance Supervisor gave a brief description of the resolution. Council Member Marsh moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 259-19 as recorded in the office of the City Clerk Flood Insurance Rate Map Revisions (College Branch): An ordinance pursuant to §168.10 Provision for Flood Hazard Reduction of the Unified Development Code to approve Flood Insurance Rate Map revisions for property located near West Martin Luther King Boulevard and South Stadium Drive (College Branch). 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www Fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 16 of 22 City Attorney Kit Williams read the ordinance. Alan Pugh, Engineer gave a brief description of the ordinance. He stated staff is in support of the ordinance. Council Member Turk: FEMA has not reviewed this. How long would it take for FEMA to review this? Alan Pugh: We are currently amid a Washington County wide update. I have heard we may have preliminary maps to review from FEMA by the end of the year. The full adoption process, even after we have the preliminary maps is probably another six to eight months out. That is a general time frame. If you go in with an individual request to FEMA, it's probably similar from nine months to about a year to revise certain portions of mapping. Our ordinance in this case does not require an applicant to do that. We have found the proposal is in keeping with what we have seen from preliminary draft maps from FEMA for this area. Council Member Turk: Is it the usual case that FEMA will line up with an applicant's independent study or have you experienced wide discrepancies in that? Alan Pugh: In this instance, the applicant hired the same contractor that was FEMA's contractor to perform their analysis. The two match up very closely. I have seen FEMA yield to letters of map revision provided by individual applicants. I have seen them override those. It is on a case by case basis. Council Member Turk: Did this area flood during April 2017? Alan Pugh: I believe we saw some flooding up Martin Luther King Drive. I don't recall any structures in the immediate vicinity that flooded and certainly not the Arena Village that's being proposed here. We saw some minor flooding downstream along Ellis and 15th Street. I don't anticipate the changes you see before you tonight would modify any of that flooding downstream based on the studies we have looked at. 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. Council Member Gutierrez 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 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 17 of 22 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Kinion, and Scroggin voting yes. Council Member Petty was absent during the vote. Ordinance 6261 as Recorded in the office of the City Clerk Flood Insurance Rate Map Revisions (West Branch): An ordinance pursuant to §168.10 Provision for Flood Hazard Reduction of the Unified Development Code to approve Flood Insurance Rate Map revisions for property located near West 15th Street and South Razorback Road (West Branch). City Attorney Kit Williams read the ordinance. Alan Pugh, Engineer gave a brief description of the ordinance. He stated staff is in support of the ordinance. 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. Council Member Gutierrez 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 6262 as Recorded in the office of the City Clerk Bondholder Directed Bond Tender Program: An ordinance to acknowledge the implementation of a Bondholder Directed Bond Tender Program; authorize the execution and delivery of a supplemental Trust Indenture and a Tender Agent Agreement pursuant to which the Bond Tender Program will be implemented; appoint a Tender Agent; prescribe other matters relating thereto; and declare an emergency. City Attorney Kit Williams: I have handed out copies of an ordinance that is almost identical with three minor changes. In the third Whereas, I would like to change the end to say, modify the Trustee fee restrictions. We still will have restrictions on the Trustee. We have done that with every one of our bond ordinances since the late 80's. On Section 2 and Section 3 it talks about persons advising the Mayor about whether to sign or amend a document that's needed for this. I want to add, City Staff to both of those to make sure the Mayor had advise from Paul Becker and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 18 of 22 myself. We are still looking at some of these documents a little bit to make sure they are exactly the way we want them. The Mayor can change them, even after you approve them. I ask that you amend to the ordinance I handed out. There was a brief clarification of the proposed amendment. Council Member Scroggin moved to amend the ordinance in the third Whereas, Section 2 and Section 3 that was proposed by City Attorney Kit Williams. Council Member Gutierrez seconded the motion. Upon roll the motion passed unanimously. City Attorney Kit Williams read the amended ordinance. Paul Becker, Chief Financial Officer gave a brief description of the ordinance. Council Member Smith: This is people who have lent the city money at their request asking to let taxpayers off the hook for less than we owe them? Paul Becker: Essentially, that is correct. Council Member Smith: Sounds like a good deal. What is the Emergency Clause for? Paul Becker: The Emergency Clause is so we can as soon as they are approved get started on the paperwork. There is a substantial amount of paperwork. This is a new process. If we go through several readings that is going to delay the process. Council Member Smith: Is there a deadline we are up against? Paul Becker: Yes, there is a deadline. This offer would be February 1St. That doesn't give us a lot of time. We have some details in the documents to work out and they won't be approved by the Mayor until he is satisfied. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Bunch, Turk, Smith, Gutierrez, Marsh, Petty, and Scroggin voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan thanked everyone for all their work. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 19 of 22 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Scroggin moved to approve an Emergency Clause. Council Member Smith seconded the motion. Upon roll call the Emergency Clause passed unanimously. Emergency Clause Approved Ordinance 6263 as Recorded in the office of the City Clerk 2020 Annual Budget and Work Program: A resolution to adopt the 2020 Annual Budget and Work Program. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Council Member Marsh: I was looking at the new personnel additions in our budget summary. Last year we approved the hiring of a Recruiter position for HR. Did we hire that person? Paul Becker: We did not. Council Member Marsh: So that salary allotment will be reallocated in our budget for this next year? Paul Becker: Yes. It's going to be reallocated to the position that we discussed in Planning. Council Member Marsh: That would be the Development Review Manager, but the annual salary that was budgeted for this past year was not spent? Paul Becker: It was not. Council Member Smith: The Development Review Manager will be paid out of the bond funds or is it General Fund? Paul Becker: The HR person will be switched to the Development Review Manager. We discussed a bond project for Construction Manager. That one will be paid out of the bond fund because it is directly related to the creation of the capital asset. Council Member Smith: That's two new positions in Facilities? Paul Becker: We are creating one in Facilities, which is the bond project Construction Manager. One moves up and one will be created as a backfill position. Council Member Marsh: I would like us to leave this on the first reading after taking public comment. I want an opportunity to talk with the Arts Council at our regularly scheduled meeting tomorrow about the potential new position of an Arts & Culture Coordinator. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 20 of 22 Robert Stafford, Chair of the Arts Council spoke about wanting more time to review the item. He spoke about the need of an Arts & Culture Coordinator. He spoke about investing in the creative economy. He spoke about the position being essential. He spoke about streets and sidewalk cost. Chris Brown, City Engineer: The Cultural Arts Corridor project has always included the park area and the connector corridor of West Avenue, along with the Razorback Greenway. We had other streets in there included as well and did the preliminary design on those. As we've built the budget, we are reducing the scope of some of the street work. There are Transportation Bond funds that are part of the Cultural Arts Corridor, along with trails funds to supplement some of the trail work. There are some other buckets of money that are included in the project. Council Member Turk: As the budget is right now, we are going to have a $1.2 million deficit? Paul Becker: Correct. Council Member Turk: What increase in sales tax will we need by the end of the year to balance the budget? Paul Becker: We are looking at roughly 5% over what's currently budgeted. It would be about 6.5% to make up that $1.2 million. Council Member Turk: That's quite a bit? Paul Becker: Yes. Council Member Turk: You think we are not going to make it and still be a little bit in the deficit? Paul Becker: I project we will be in the deficit. The one wild card we don't know is internet sales. However, that is quite a bit to make up. If we make that in one year, which is doubtful, we will probably still be running into a deficit at the end of this year going into next year. Hopefully by next year, if things pick up, we might be looking at having revenue the same as expenditures. Council Member Turk: If somehow, we had a very good Fall and Winter and were able to balance the budget, any excess that was over could go to something like the Arts Coordinator we are talking about. We could put it into that fund or create a new fund from the General Fund to be able to allow money deposited in there. I would only support something like that if we were at neutral and made our budget. We have quite a big deficit to make up. Mayor Jordan: We haven't included salaries in there either. Paul Becker: We haven't had any salary discussions. It's not the only source for revenue to the General Fund. However, we have got other needs. As far as the plan you have talked about, if we are increasing reserves we can look at other programs. To go ahead and segregate it in another fund, that's just going to restrict you. I have to look at all the numbers as we go along because they change. If we are to the point that we have surpluses, we can absolutely look at new programs. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 21 of 22 Council Member Marsh: We did recognize we were going to be in a deficit when we approved the salary raises a few years ago and that was going to continue for a few years until we balanced. We made the decision to invest in our staff because that was our most important resource. We planned for this and to go into reserves to make that investment to raise our staff to a better wage. On the Recruiter position we approved last year, what was the budget line item we allocated and did not pay out because we did not hire it? Paul Becker: I think it was about $56,000. Council Member Marsh: Was that the salary range or the budget line item in terms of employment cost? Paul Becker: Budget line, I believe. I would have to double check. Council Member Marsh: Please get back with me on that. If we did not spend that money for a salary last year, the unallocated money will roll back into this next year. Have we adjusted for our reallocations that are going to roll over? Paul Becker: At the end of the year, we will see whether we have a surplus or a deficit. We won't have a surplus, but it will lower the deficit. Council Member Marsh: In looking at this deficit and being sensitive to the fact we are so dependent on sales tax revenue, that speaks to the importance of going beyond building a pretty arts plaza and developing an Arts & Culture ecosystem that supports and grows our creative economy. City Attorney Kit Williams: If you wish to postpone your decision, you will need a motion to table. Council Member Turk stated she misspoke at the Budget meeting on the topic of the Porter Produce building. She thought it was on the Arkansas register and it is not. She spoke about working on it to see if she can get it on the register. Council Member Marsh made a motion to table the resolution to the December 3, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll the motion passed unanimously. This resolution was Tabled to the December 3, 2019 City Council meeting. Announcements: Susan Norton, Communications & Marketing Director gave a brief description of city business. All information about city business can be viewed on the City of Fayetteville website. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes November 19, 2019 Page 22 of 22 City Council Agenda Session Presentations: None City Council Tour: None _ 8:31 p.m. i Held I rda, Mayor Lisa Branson, Deputy City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov