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HomeMy WebLinkAbout2019-12-03 - Minutes -Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting December 3, 2019 City Council Meeting Minutes December 3, 2019 Page 1 of 31 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 December 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. Oath of Office City Clerk Treasurer, Kara Paxton Judge William Storey administrated the oath of office. Mayor Jordan: Congratulations. 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 Kara Paxton, Deputy City Clerk Lisa Branson, Staff, Press, and Audience. Pledge of Allegiance Ma tar's Announcements Proclamations and Recognitions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 2 of 31 Cit► Council Meeting Presentations Reports, and Discussion Items: Arkansas Recreation and Parks Association Awards Presentation to The City of Fayetteville at their annual conference held in October. Awards included the following: * Volunteer of the Year: Rob Reno, Ozark Off -Road Cyclist Member * Group Volunteer of the Year: Urban Forestry Advisory Board * Sports Program of the Year: X -Factor Homeschool PE * Natural Resource Program of the Year: Bradford Pear Tree Bounty Connie Edmonston, Parks & Recreation Director presented the awards. Mayor Jordan: Congratulations to all the winners. Monthly Financial Report - Paul Becker Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: Arts & Culture Coordinator: A resolution to create the position of Arts & Culture Coordinator to advance the Arts, Cultural, and Creative Economy goals and priorities of the people of Fayetteville. Mayor Jordan: We have an agenda addition request from Council Member Marsh. Council Member Petty: Do we need to vote right away? Why isn't this just part of the budget item on the agenda? Council Member Marsh: It was recommended to me that if we wanted to create this position that I write a resolution to state the Council's intent. I thought this was a discussion we should have. I drafted a resolution by going through all our Arts and Culture related action items that were unfulfilled in our adopted Master Plans. Council Member Petty: When I read it, it looked like an amendment to the budget that's proposed for us. I don't think it matters too much one way or another, unless we get advised differently. Council Member Marsh: I am just looking for the appropriate way to do this. This is something we have talked about. I feel there has been a lot of push -back from the administration. If we are going to do this, the Council needs to signal this is our intent. I want us to have a formal discussion. City Attorney Kit Williams: We shouldn't get too much into the resolution itself. The issue before the City Council is whether you want to suspend the rules so we can take up this resolution right now. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 3, 2019 Page 3 of 31 Council Member Smith: Is this something we could put on the agenda prior to the budget, instead of having it at the beginning? City Attorney Kit Williams: The problem we have with that is our system of voting and recording. It has always been scheduled for any walk-ons to go first, otherwise it messes up our Clerk and our system of recording and indexing what we are talking about. Mayor Jordan: It could be discussed during the budget, if an amendment was done. City Attorney Kit Williams: Certainly. It would be appropriate for the budget amendment. Council Member Marsh moved to add the Arts & Culture Coordinator position to the agenda. Council Member Kinion seconded the motion. Upon roll call the motion failed 5-3. Council Members Turk, Smith, Marsh, Kinion, and Scroggin voting yes. Council Members Gutierrez, Petty, and Bunch voting no. City Attorney Kit Williams: There were five votes in favor, but a motion to suspend the rules requires six affirmative votes. Mayor, do you care to vote? Mayor Jordan: I am not going to vote. City Attorney Kit Williams: This won't be on the agenda tonight, but can be brought back for the next agenda. Consent: Approval of the November 5, 2019 City Council Meeting Minutes. Approved City of West Fork Cost Share Agreement: A resolution to approve a cost share agreement with the City of West Fork for the upsizing of a sanitary sewer line with an amount not to exceed $256,789.60 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $25,680.00. Resolution 260-19 as recorded in the office of the City Clerk Multi -Craft Contractors, Inc.: A resolution to approve the replacement of a touchscreen assembly for the UV Disinfection System from Multi -Craft Contractors, Inc. for the West Side Wastewater Treatment Facility in the amount of $11,105.00 plus applicable taxes and freight charges, and to approve a budget adjustment. Resolution 261-19 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 3, 2019 Page 4 of 31 Rex Thompson Sewer Damage Claim: A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $7,039.89 to Elisha R. Thompson and Allison P. Thompson for a sewer damage claim at 1840 East Viewpoint Drive in addition to a payment made to ServiceMaster in the amount of $5,232.74 for sewer damage mitigation services. Resolution 262-19 as recorded in the office of the City Clerk Scada Hardware and Software Purchases: A resolution to approve the purchase of Supervisory Control and Data Acquisition Hardware and Software from multiple vendors in the total amount of $396,717.79 for use by the Water and Sewer Operations Division, and to approve a project contingency in the amount of $39,672.00. Resolution 263-19 as recorded in the office of the City Clerk Boston Mountain Holdings, LLC: A resolution to approve a cost share agreement with Boston Mountain Holdings, LLC, for the extension of a waterline along a portion of West Stone Street, with an amount not to exceed $33,229.30 to be paid by the City of Fayetteville, and to approve a project contingency in the amount of $3,323.00. Resolution 264-19 as recorded in the office of the City Clerk RFQ #18-01 RJN Group, Inc.: A resolution to approve a professional engineering services agreement with RJN Group, Inc., pursuant to RFQ #18-01, in the amount of $408,543.60 for engineering services associated with the Wastewater Collection System 2020 Master Plan Update. Resolution 265-19 as recorded in the office of the City Clerk Olsson, Inc.: A resolution to approve Amendment No. 2 to the professional engineering services agreement with Olsson, Inc. in the amount of $123,670.00 for engineering services related to the East Fayetteville Water System and Township Pressure Plane Improvements Project. Resolution 266-19 as recorded in the office of the City Clerk Kitty Creek Sewer Rehabilitation Project: A resolution to authorize the acceptance of utility easements from the United States Postal Service for the installation of sewer lines related to the Kitty Creek Sewer Rehabilitation Project, contingent on the vacation of portions of an existing easement that will no longer be needed. Resolution 267-19 as recorded in the office of the City Clerk Bid #19-41 81 Construction Group, Inc.: A resolution to award Bid #19-41 and authorize a contract with 81 Construction Group, Inc in the amount of $135,129.00 for parking lot improvements on Downtown Lots E and F, to approve a project contingency in the amount of $33,783.00, and to approve a budget adjustment. Resolution 268-19 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 December 3, 2019 Page 5 of 31 Bid #19-44 Freedom Powersports: A resolution to award Bid #19-44, to authorize the purchase of a Kawasaki Mule from Freedom Powersports of Fayetteville in the amount of $10,836.90 for use by the Transportation Department, and to authorize future purchases based on the pricing in Bid # 19-44. Resolution 269-19 as recorded in the office of the City Clerk Bid #19-46 Dana Safety Supply DBA Fleet Safety: A resolution to award Bid #19-46 and authorize a one year contract with Dana Safety Supply, Inc. d/b/a Fleet Safety of North Little Rock to supply Fayetteville Police SUV upfitting equipment with automatic renewals for four additional one year terms. Resolution 270-19 as recorded in the office of the City Clerk Bid #19-47 Lewis Ford: A resolution to award Bid #19-47 and approve the purchase of four Ford Trucks from Lewis Ford of Fayetteville in the total amount of $227,029.00, for use by the Parks and Recreation Department and Water and Sewer Division. Resolution 271-19 as recorded in the office of the City Clerk Bid #19-51 Hilbilt Sales Corporation: A resolution to award Bid #19-51 and authorize the purchase of a Clement All-Star Dump Trailer from Hilbilt Sales Corporation of Benton for the amount of $41,458.00 for use by the Wastewater Treatment Division. Resolution 272-19 as recorded in the office of the City Clerk Vermeer Midsouth: A resolution to approve the purchase of a Vermeer Row Turner from Vermeer Midsouth of Springdale in the amount of $513,668.32 plus applicable taxes and freight charges, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Recycling and Trash Collection Division, and to approve a budget adjustment. Resolution 273-19 as recorded in the office of the City Clerk Toyota Rava4 Hybrid: A resolution to approve the purchase of a Toyota Rav4 Hybrid from National Auto Fleet Group of Watsonville, California in the amount of $36,608.00, pursuant to a Sourcewell Cooperative Purchasing Contract, for use by the Police Department. Resolution 274-19 as recorded in the office of the City Clerk Hugg & Hall: A resolution to approve the purchase of a Doosan Air Compressor from Hugg & Hall of Springdale in the total amount of $22,420.00, plus applicable taxes and freight charges, for use by the Water and Sewer Operations Division. Resolution 275-19 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 December 3, 2019 Page 6 of 31 RFQ #19-01 CEI Engineering Associates, Inc. - Trails Bond: A resolution to approve a professional engineering services agreement with CEI Engineering Associates, Inc., pursuant to RFQ #19-01, in the amount of $72,095.00 for the design of a trail connection and bridge over Hamestring Creek, and to approve a budget adjustment. Resolution 276-19 as recorded in the office of the City Clerk Bid #19-43 Tri-Star Contractors, LLC- Drainage Bond: A resolution to award Bid #19-43 and authorize a contract with Tri-Star Contractors, LLC in the amount of $586,565.00 for the construction of the Boxwood Addition Drainage Improvements project, to approve a project contingency in the amount of $87,900.00, and to approve a budget adjustment. Resolution 277-19 as recorded in the office of the City Clerk Allied Waste Services: A resolution to approve a two year agreement with Allied Services of Arkansas, LLC d/b/a Allied Waste Services of Bella Vista to haul and dispose of solid waste and recyclable material in Fayetteville with automatic renewals for two additional two year terms. Resolution 278-19 as recorded in the office of the City Clerk Ozark Dumpster Service, LLC: A resolution to approve a two year agreement with Ozark Dumpster Service, LLC for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville with automatic renewals for two additional two year terms. Resolution 279-19 as recorded in the office of the City Clerk Wilson Park Bridge: A resolution to authorize Mayor Jordan to accept a grant from the Arkansas Recreational Trails Program in the amount of $170,000.00 to construct anew trail bridge at Wilson Park, to approve an Agreement of Understanding between the City of Fayetteville and the Arkansas State Highway and Transportation Department, and to approve a budget adjustment. Resolution 280-19 as recorded in the office of the City Clerk University of Arkansas Real Estate Agreement Amendment No. 1: A resolution to approve Amendment No. 1 to the Real Estate Agreement with the University of Arkansas for the purchase of 11.6 acres near West Deane Street and North Porter Road for new Police and Fire facilities. Resolution 281-19 as recorded in the office of the City Clerk RFQ #19-05 Flintco, LLC: A resolution to authorize a contract with Flintco, LLC, pursuant to RFQ #19-05, for Construction Manager at risk services for the Police Headquarters Facilities project, to approve Phase One Pre -Construction Services in an amount not to exceed $82,500, to approve a Phase One project contingency in the amount of $10,000.00, and to approve a budget adjustment. Resolution 282-19 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 December 3, 2019 Page 7 of 31 Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: 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. At the November 19, 2019 City Council Meeting this item was left on the first reading. Council Member Gutierrez 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. Council Member Petty: Garner, you gave a good presentation at the last meeting of the history of how the adjacent parcel came to its current zoning. Would you still recommend in favor of the rezoning in front of us, if that mistake had not been made in the past? Garner Stoll, Director of Development Services: That is sort of a hypothetical question. The fact the adjacent property, half an acre, is zoned RI -12 and is constructed for a six-plex, influences the character of this lot that is in question in front of you tonight. The orientation of those buildings is to the west and the backside of the buildings are to the east. Staff and Planning Commission felt that it needed transition. The zoning occurred, it's in place and a step-down transition might be appropriate. Council Member Petty: You didn't answer what you thought you would do if the property had not been zoned RI -12 by a clerical error. Surely staff must have discussed this hypothetical and how they would have applied the principles of the 2030 Plan. Garner Stoll: I wasn't a part of that discussion and don't know how we would recommend. I haven't analyzed that subject. I do not view a RSF-8, which allows construction of a single-family house on a 5,000 -square foot lot and 50 -foot frontage versus 70 -foot frontage and 8,000 square foot lot, as in any sense or shape or form a spot. It's a policy decision regarding density for the City Council. I don't think it rises to the issue of spot zone for this half acre. Council Member Scroggin: The applicant is not here and with that question unanswered from staff, I want to hold it. I would like for staff to answer the question and the applicant to be here. Terri Phelan, North Maxwell stated she does not consider it to be appropriate infill. She spoke in opposition of the ordinance. Joyce Richards, 1673 North Stephens spoke in opposition of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 8 of 31 Frank Scheide, 437 West Louise Street stated he would like for the area to maintain its current appearance. He spoke in opposition of the ordinance. Jeanie Sanderlin, 1189 South Maxwell stated it doesn't go with the city's goal of making traditional town form the standard. She spoke in opposition of the ordinance. Dr. Zola Moon, 1242 South Maxwell spoke about the 2040 City Plan. She spoke in opposition of the ordinance. Elizabeth Garrett stated she lives at 1242 Maxwell and owns a house at 1205 South Maxwell. She spoke about the 2040 City Plan. She spoke in opposition of the ordinance. Council Member Scroggin: I know there's no protections in RSF-4 or RSF-8. Is that correct? Garner Stoll: Protections for what? Council Member Scroggin: Trees. Garner Stoll: No, there are not presently. We have started a project to look at that. Council Member Scroggin: If they go to cluster, does that bring in any protections? Garner Stoll: Yes, if they go with the conditional permit route to the Planning Commission. It brings both storm drainage and tree protection. Council Member Scroggin: Would NC give some of those protections? Garner Stoll: The issue isn't the zoning district. The exemption is for single family duplexes. NC is neutral to that subject. If they choose to do single family or duplex, they are still exempt. Council Member Scroggin: With the cluster, which not a lot of people have done yet, we are having this issue that there are two potential densities. Hopefully that's something we can clear up. Does NC allow cluster? Garner Stoll: Yes. Council Member Scroggin: What's the overall density in the city? How many residents per acre? Garner Stoll: It varies by neighborhood. The most recent survey I have seen was the Washington Willow neighborhood, which has a density of between two and three units per acre. Council Member Scroggin: In the 2040 City Plan, it talks about four. Is that over the entire city? Garner Stoll: I would need to see what passage is being referenced. It doesn't recommend restricting the density to four units per acre. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 9 of 31 Council Member Scroggin: To hit four, since some of its non-residential, we have to zone on average higher than four? Garner Stoll: Yes. Council Member Smith: This is a one parcel rezoning. It's not just houses per acre or square footage of a lot, but there's also frontage requirements. Can we see what some of the practical limitations on this one parcel are and under different scenarios? Is that something that would be easy? Garner Stoll: Yes. It was determined the different scenario information would be presented at the next City Council meeting. This Ordinance was left on the Second Reading 2020 Annual Budget and Work Program: A resolution to adopt the 2020 Annual Budget and Work Program. At the November 19, 2019 City Council Meeting this item was tabled to the December 3, 2019 City Council Meeting. Paul Becker, Chief Financial Officer gave a brief description of the resolution. Council Member Petty: I am optimistic we can vote this in tonight. I think this is the first time, even since we experienced the ice storm in 2009 where we have seen a budget proposed that had a deficit. This communicates the seriousness of the situation with respect to the budget we have for next year that we are considering now. We should take this seriously as we consider what our votes are going to be. I have anxiety about the raises I want to be able to give in March. We've got all these goals and work plans and there are actual people who make those things happen. Right now, in a lot of our Divisions, everybody is working all the time. They are bumping up against overtime because of the volume of work the city is experiencing and we have helped schedule for them. We need to take care of our people because that's how it gets done. I appreciate where the budget is today. I've got to pay a lot of attention to the proposal that comes out in March because it's going to impact what happens in 2021 and on down the line. To let that snowball away from us would be the worst thing. I voted against adding the walk-on proposal regarding the Arts & Cultural position to the agenda, but it was a procedural decision for me. It's a discussion worth having. It is a proposal that hasn't gotten the respect it deserves. I am not convinced the time is right to fill the position, but I'm open to compelling arguments. Council Member Marsh stated the they need to raise revenue. She stated they can't do more with less. She stated they are very efficient stewards of public resources. She stated the Fayetteville First Economic Vitality Plan identified Arts & Cultural as their number one strategic focus area. She stated it recommended they strengthen that areas impact on the economy and solidify Fayetteville's reputation as a place to collaborate, innovate, and create. She stated this is why she brought forth the proposal to hire an Arts & Cultural Coordinator. She spoke about going through 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 10 of 31 the city's old master plans and found all the unfinished items related to arts & culture and the creative economy. She stated with the vote on the Cultural Arts Corridor, they saw community support for arts and culture in the community. She spoke about the need of filling the position to achieve items that have not yet been done. She spoke about lost opportunities for economic development. She spoke about the positive aspects of the hiring of Devin Howland as the Director of Economic Vitality. She stated the Fayetteville Arts Council voted 6-2 in support. Council Member Gutierrez thanked Council Member Marsh and stated it is an important position. She stated she is a supporter of the creative economy. She spoke about running her election campaign on being financially fit. She stated she has questions about whether government should take the role of programming arts. She stated she has been pleased to see all the different departments on the city level be involved with the Arts Corridor. She stated creative economy is a place where they can see revenue growth. She stated it is a huge way to build economy, but wants to see the plan regarding priorities. Council Member Marsh: The recommendations I am drawing my base from come as far back as 2007 through 2017. This has been on our to-do list for over a decade. One of the key responsibilities I am asking of this staff member is to develop a cultural policy. Art is by nature political and is free speech. We have a responsibility to curate the work and artistic message we are sending. It needs to be developed by someone with expertise in this field that we currently do not have on staff. A key function of this role would be to spear head the development of an arts culture and creative economy master plan. Susan Norton, Communications & Marketing Director stated she appreciated the context that Council Member Marsh brought to this recommendation. She stated staff has been working since 2007 with the Downtown Master Plan and the Arts District creation through the Fayetteville Forward and creative economy work. She stated the timeline for the work that's happening with the Cultural Arts Corridor is lining up. She stated she doesn't feel the city is behind in the effort and is on a trajectory to make the progress in time for the ribbon cutting at the Cultural Arts Corridor. She spoke about working toward a more collaborative approach. She requested for Molly Rawn to give an update about the contract with the A & P Commission to investigate the development management aspects of programming, marketing, and operations. Molly Rawn, Experience Fayetteville Executive Director stated she is not speaking for or against the city hiring an Arts & Culture person. She stated Council agreed to enter into a contract in September with the Adverting and Promotion Commission to do things that related to the Cultural Arts Corridor, such as marketing, branding, programming, and input on design. She stated they are not complete with the process, which was a six-month contract. She stated Council could expect to see her in March with more formal findings. She stated the contract says it's a possibility the best way to manage operations of these spaces after implementation of the Cultural Arts Corridor will be to form a new non-profit entity focused specifically on activation and management of the CAC. She stated every conversation she had ended up about the issue of governance. She stated that is different from the work that Council was talking about regarding hiring an Arts & Cultural person. She stated she is there to help design and implement a structure to manage the assets they have committed to the voters. She stated she worries if a person came on board now, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 11 of 31 she fears that it's going to not leave space to figure out who was going to manage and operate these spaces. She spoke about coming back to Council to revisit the contract. Susan Norton spoke about 2020 being a planning year to bring a timeline for implementation of the organization, management, and collaborative partners. Molly Rawn stated when the Civic Plaza is ready and open, someone has to manage it. She stated there are three options to manage, which are the city or identify an existing organization to do it or a new organization can be start up. She stated there was a need for a Downtown organization before she was involved in the Cultural Arts Corridor. Council Member Smith: How much did we pay you for the work that you have committed too already? Molly Rawn: Not to me personally, but to the Advertising and Promotion Commission it is $35,000. Council Member Smith: Is that going to be enough to get the work done that we asked for? Molly Rawn: No. Council Member Smith: Have we budgeted for additional funding? Susan Norton: No, because we don't yet know how much we need. We are working with entities to help us define what that looks like. Council Member Smith: Do we have a ballpark amount? Is it tens of thousands? Molly Rawn: That question depends on what the "it" is. Do you mean to finish the work, to design a plan, and to implement a plan? For long term sustainable funding, is it hundreds of thousands of dollars to prop up a new organization, sure. Is it my expectation that all that money should come from the city, no. Council Member Marsh: When your organization is working on branding the district, how are we developing an identity for the district and what is the process? Molly Rawn: Our plan is to source a branding and creative agency to help us with that work. Council Member Marsh: When you are giving the owners project requirements for that task, what information do you give them to develop this brand? Do we even have a name for this area? Molly Rawn: No, that is what we are seeking and hoping to market and brand. We'll have to develop a proposal for that to put out to a creative and branding agency. We do not have an RFP ready right now to go out. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 12 of 31 Council Member Marsh: When you have questions like this and you need the owners' basis of design, who is your consistent point of contact at the city? Molly Rawn: As with most things at the city, it stops with the Mayor. Council Member Marsh: What are the top three cultural and artistic goals for our creative Cultural Arts Corridor? Mayor Jordan: When we brought this as a bond project, it wasn't just about the arts. We also looked at stream restoration. We looked at a nature trail down to the parking lot. We envisioned concerts and more importantly, we envisioned this as a gathering place. To say it was always going to just be about the arts, that was never exactly the intent of the whole thing. There is more to it than just the Arts Corridor. To make the whole Arts Corridor work, we are going to have to do some sort of replacement parking in that area before we can kick start anything. We are on a three- year time frame. We have invested in the arts. I am under pressure because everybody is needing money. For every dollar we take out of the reserves is that much less we have for raises for our staff that provides services for us. I don't think the Arts Coordinator is a bad idea, but I can't figure out how to carve out a $100,000 in the 2020 budget. Council Member Marsh: I'm looking for more of the defined goals, like we have on our 2030 Plan for our Cultural Arts Corridor. I recognize we are in a very tight budget position. We have a thirty-one million dollar investment of taxpayer money. There's a disconnect between the people who are trying to get the work done and leadership that has specific expertise in this field that can help us optimize that investment. We sold this to the voters as a Cultural Arts Corridor. While it's great that we have those cross sectors goals of the environment, we have a responsibility to deliver on the arts and culture aspect. The key to creating a successful Cultural Arts Corridor is to have a robust creative economy and a successful arts and culture program at the city. Susan, could you tell us what the top three cultural arts goals are related to the corridor? Susan Norton: Yes. I put them in our memo to remind everybody. These were the goals that were set forth when we made application to the Walton Family Foundation for the Design Excellence grant. It was crafted out of our Sustainability Department with several senior management staff. When you talk about the Cultural Arts Corridor, the Corridor is actually the link between the arts organizations. The four main goals embedded in the request we gave to the Walton Arts Center is to increase public access and strengthen the surrounding neighborhood, leverage the connected trail network, demonstrate a commitment to sustainability, embody an innovative spirt encouraging visitors and citizens to engage with the space in new ways. With the Cultural Arts Corridor project, we are creating the canvas upon which the community will define its culture. That is the process we are in. Molly Rawn: It is my understanding the fourth goal of, embody an innovative spirt encouraging visitors and citizens to engage with the space in new ways, was the reason you reached out to the A & P and asked for help to engage in this process? Susan Norton: Correct. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 3, 2019 Page 13 of 31 Council Member Marsh: When developing this proposal, was that done in conjunction with our Fayetteville Arts Council? Susan Norton: At the time, the Fayetteville Arts Council was not active. Council Member Kinion: I want to go back to the original resolution that was presented by Council Member Marsh. To me, we are not talking specifically about an Arts Corridor, that's an element of it. What we are talking about is economic development for the arts here in our community. We have been dragging our feet and now is the time to move forward. I am looking for someone to come in and help organize all facets and move our economy forward. I know it's a little bit against the grain of the administration and I hardly ever go that way. I have been frustrated by this for years. We have money rolling over from someone we didn't hire to fund this and I support that we move forward. This is a sound investment in our economy. This is reaching the goals of our economic plan and brings forward all the work we have put into the arts. Paul Becker spoke briefly about where the funding would come from for an Arts & Cultural Coordinator position. He stated the city is going to go in a deficit this year. He stated if the city doesn't spend a $100,000 on the new position, the city will go in less of a deficit. He stated if every penny is spent in the budget, the city is going to hit the deficit projected of over $2 million dollars. Council Member Smith: Springdale and Rogers have added a position similar to this recently. Do you have any insight to how they have funded the position? Paul Becker: No, I don't have the specifics. The City of Bentonville is going to have a deficit of $1.6 million in the General Fund. Springdale's deficit is $3.3 million. Council Member Smith: Paul, thank you for bringing us a budget that doesn't have deficits with numbers that big. Susan Norton spoke about how each city is approaching the subject uniquely. She stated one city has a private partner for funding. Council Member Smith: Do you know who their private partner is? Susan Norton: No. It is our goal as we work with the A &P Commission to identify potential funding partners for helping create the organization we are talking about. Council Member Bunch: When we are coming up with a position and we keep tossing around this $100,000 number, how do we know that is an accurate number for this type of position? Paul Becker stated they don't. He stated it is a speculation, but that is what the position was funded for this year. He spoke about the job description process of calculating the amount for a staff position to proceed forward when setting salary ranges. Council Member Bunch: On the HR position, did we do all those steps before we budgeted that amount? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 14 of 31 Paul Becker: We did. Council Member Marsh spoke about this coming down to whether Council believes the creative economy in Fayetteville is worth investing in. Bob Stafford, Chair of Fayetteville Arts Council stated on average for every dollar invested into the non-profit arts, $6.00 in sales tax revenue is generated. He stated the Arts Council doesn't have staff representation and doesn't have a way to fulfill powers and duties mandated by ordinance. He stated this isn't just about the Cultural Arts Corridor, it's about work force development, artist housing, studio space, coordinating regionally, and growing the arts economy. Mayor Jordan: Do we not have a staff person for the Arts Council? Susan Norton: Yes, we do. Dede Peters is the dedicated staff that works in support of the Arts Council. Bob Stafford: Dede's job is your Community Outreach Coordinator. She sits in our meetings and makes sure we have our meetings, but she's not an Arts Coordinator. Susan Norton: No, but when you mentioned you had no staff representation, that's what the Mayor was confused by. Each board and commission has a staff member who is assigned to them to make sure minutes are kept, the agenda is made, and assist in every way we can. Bob Stafford: Beyond that we don't have a way to communicate with other departments to forward our recommendations and advice to the city. Nick Zazal, 4284 West Blue Mist Court, member of the Arts Council, and Director of Events and Patrons Services at the Walton Arts Center. He stated he is an active member of the arts community and voiced his concern about the addition of an Arts & Culture position within the city at this critical moment in the 2020 budget cycle. He spoke about needing that type of position, but feels the timing is wrong now. He stated there is more work to be done and then eventually identify the right candidate for the position. He spoke about goals and action items. Council Member Marsh: We already do have goals and action items in our adopted Master Plans that are incomplete. That is what I am putting in the job description. Dot Neely, 1244 North Mission stated if there is funding set aside for staff for an arts position, she requests for someone that has an environmental view be included. Mayor Jordan: Are you asking for another position, such as a nature coordinator? Dot Neely: I am asking for whomever is considered to have an appreciation for how the environment inspires the creative process. Jeanie Chamber stated the city should consult with cities such as Santa Fe, New Mexico that has art established areas that are very profitable. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 3, 2019 Page 15 of 31 Peter Tonnessen, Ward 3 requested for the budget to be held over to allow the public more time to view it. He stated this was not sold to the voters as a Cultural Arts Corridor. He stated there were two special elections that garnered fewer than 12% of the voters. He stated when you mix politics with art, it ends up being crummy art. He stated if the city was run the right way, the first people paid should be the Police and Fire, then utilities, and streets. He asked Council to allow the citizens to have a voice. Evelyn Rios Stafford, Ward 1 stated she agrees with Council Members Marsh and Kinion. She stated an Arts Coordinator position will not only pay for itself, it will generate additional revenue for the city. Peter Lane, Walton Arts Center President stated the city has a lot of different plans, but nowhere listed is a Cultural Arts Master Plan for the city. He stated a Cultural Arts Master Plan could allow all the cultural entities to create a road map that makes us competitive as a city, from now for the future and incorporate whatever this new organization that's going to happen. He spoke about resources that could be utilized. He stated hiring a Cultural Arts Coordinator is a fabulous idea, but wants to wait until there is a plan to know exactly what the requirements are for the first three years. Council Member Marsh stated all City of Fayetteville peer cities have a funded Arts & Cultural Coordinator position or similar. She stated regarding environmental concerns, the project is being managed by the Sustainability Department. She stated it will say in the job description that the position is to support cross sector goals and sustainability. She clarified the political nature of art. She stated the city already has several years' worth of action items and goals delineated in the adopted master plan and there is no need to wait for another study. Mayor Jordan: Would the funding for a new Arts Coordinator be taken out of the reserves? Paul Becker: Yes. Council Member Smith: Are there any comparable metrics that might be placed on this as a reasonable expectation for performance in the first year? Council Member Marsh: The Arts Council would be happy to look into that and develop those if needed. There was a brief discussion about how much funding would be needed from reserves. Council Member Marsh moved to amend the budget to add an Arts Coordinator. Council Member Kinion seconded the motion. Upon roll call the motion failed 3-5. Council Members Smith, Marsh, and Kinion voting yes. Council Members Turk, Gutierrez, Petty, Scroggin and Bunch voting no. Council Member Turk: This discussion was beneficial and we need to keep this on our horizon for next year. Thank you to Council Member Marsh. I would like to table this to allow more time for citizens to review it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 16 of 31 Council Member Smith: We have a $400,000 expense in our Capital Improvements for the very necessary stabilization of the Porter Produce building. It comes at an expense of our paving program and library materials. I am concerned about how it got into a state to cost $400,000 to keep it secure. Council Member Marsh: I would like to see the lease because there was a provision requiring the activation of that vital public space. It is derelict in its appearance in the Entertainment District, which I find unacceptable. As we make the investment in that building, I'd like to know what the return on that investment is projected to be. Mayor Jordan: Kit has been looking at the lease. City Attorney Kit Williams stated he understands the lease, its concept, and how it relates to the Porter Produce building. He spoke about the history and process of the lease negotiation. He spoke about negotiating to change the governance to give the Walton Family Foundation more control while maintaining control for ourselves and the university. He read and spoke about many memos written. He stated the focus during the negotiations was the Walton Arts Center performance facility on Dickson Street. He stated that does not mean the statement in the lease we signed that talks about premises, means that nothing in relation to any of the other premises is going to be concerned about and the Porter Produce building is one of those. He stated however, that certainly was not the subject of any discussion about that. He doesn't think the Walton Arts Center has ever used the building for any performance and it has been used for storage. He stated it wouldn't be in Fayetteville's best interest to try and force the Walton Arts Center to spend hundreds of thousands of dollars for a building that has very little utility for them. He stated Council needs to keep in mind that when the City of Fayetteville was working to keep the Walton Arts Center here, the city established a good faith position with WAC and the city needs to continue working with them. He stated the language was put in the lease for the Walton Arts Center on Dickson Street for the performance centers and wasn't specifically put in for the Produce building. He stated the city could argue from a legally technical view, but believes that would be a mistake for the City of Fayetteville to attempt. Council Member Marsh stated she takes issue that no one was talking about the Porter Produce building. She spoke about the recommendation from the Fayetteville Forward Historic & Heritage Resources Action Group on May 22, 2014. She stated the group recommended to the Mayor and City Council that the current negotiations should strongly examine the possible opportunities for taking advantage of the unrealized potential of the historic commercial property. She stated the building should be preserved and restored She stated the city should enforce the lease and require the Walton Arts Center to participate and revitalize the derelict property. There was a brief discussion about the recommendation from 2014. Mayor Jordan: I don't want that historic building falling and however we carve it up to who is going to pay for what, that is okay. We have a building in disrepair that we need to fix. I took money from sidewalks and the library to be able to shore up the building, which was a top priority. I have always maintained that the historic building needs to be preserved. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar gov City Council Meeting Minutes December 3, 2019 Page 17 of 31 City Attorney Kit Williams: City Council might want to work with the Walton Arts Center to remove the building from their lease ownership and have it returned to the city, if we are going to spend a substantial amount of money to fix it. Council Member Turk: I was on the Historic District Commission in 2014. We never received any information about this at all. Council Member Marsh: This is the Historic and Heritage Resources Action Group of the Fayetteville Forward, not Historic District. Council Member Turk: Sarah, if we had heard about this, I guarantee you we would have made it a priority in getting it listed on the Historic District Registry. I have talked to Garner to see if we can find a way to contract with somebody to get it nominated on the national register of historic places. It is of great historic importance and will be easily nominated if we can find the funding to hire somebody to go through the process. It's too bad it is in this state of disrepair, but it is part of our heritage. Once it is gone, we can't replace it. There was a brief discussion about Jerry Hogan's time on the Historic District Commission. Council Member Smith spoke about liking the suggestion of putting the building back into the hands of the city. He stated maybe the Walton Arts Center lease agreement could be re -worked and find them something that is more useful to their needs. Council Member Scroggin invited Peter Lane to the podium. Peter Lane spoke about the history of events. He stated when the city initially approached the WAC in the expansion to put a parking deck on the current place, one of the concerns they had was that they had not finished the Master Plan for the long term. He stated he asked the Mayor for time to go back and re -do a Master Plan. He spoke about seating and renovations for the theatre. He stated the challenge with the Porter building is that it has never been used as a performance space, but has been used as a storage site and construction companies during renovations. He stated the Porter building has sentimental value to a lot of people and the commitment was to keep the exterior should they want to build a future theatre. He stated they have invested dollars into the building by fixing the AC, patched the roof, and sealed lots of areas. He stated they have not done structural work because it is very expensive. He stated it's not in optimum condition to be used for any kind of performance or utilization space given the priorities of maintaining and managing the existing facilities. City Attorney Kit Williams: The City Council has some reluctance to put $400,000 into a building on your premises if something was built over the top. They would be more willing to do that if this portion of the premises were returned to the city, like the parking deck was, as opposed to remaining with your group. Would you be willing to return those premises to the city or would you be willing to do the structural repairs we believe are necessary, so the building won't fall down very soon? Peter Lane: Does the city have a vision for what it wants in that building? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 3, 2019 Page 18 of 31 Mayor Jordan: My vision is to keep it from falling down. Peter Lane: I don't disagree. Council Member Marsh: The Arts Council has ideas for that building. Peter Lane: I will have to check with the Walton Arts Council. We want to preserve as much opportunity for future growth as we can. There is a creative economy here that is doing quite well and we can do a lot better. We want to make sure we have all the performance spaces to do that for the future. I suggest a committee of the City Council sit with the Walton Arts Center leadership to come up with a mutual usage so we can work together to create a solution. City Attorney Kit Williams: The city is going to need to pass this budget before long term discussions about that. My request is for you to give us some guidance about these premises. To City Council, even if the $400,000 stays in the budget, it doesn't mean it's going to be spent if the city is not happy with how it would be handled. There is some concern on the city that the Porter building might be sacrificed at one point. Peter Lane stated he would like to look at the facility to find ways that both the City of Fayetteville and the Walton Arts Center can work together. Council Member Smith: Thank you for that sentiment. It is a fantastic idea and I hope we get to have the conversation soon. Council Member Marsh: Since we don't have formal plan in place, it might be prudent to delay the $400,000 expenditure while we put together a comprehensive Master Plan. I wish we had an Arts & Culture Coordinator to help facilitate this process. I would be happy to serve on a committee to tackle this. I am sure we can engage the Arts Council in this planning process. There is a lot of potential for this building. Mayor Jordan: Your suggestion is to not spend the $400,000 to bolster the building right now? Council Member Marsh: I would like to hear from other Council Members. It is a significant expenditure for something we don't have a plan for. Council Member Turk: It sounds like it is in a poor state of disrepair. We should spend the money and stabilize the building. Once it is gone, it's gone forever. It is in a key part of town. I am shocked it was overlooked, but now that it has come to our attention, we need to save it. Council Member Gutierrez reiterated what Council Member Turk stated. She stated it is a very important cultural anchor and historic building. She stated investing a little bit to get it going and stabilized is important. She spoke about the opportunity for collaboration for the financial side of things. She stated the $400,000 is just scratching the surface. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 19 of 31 Council Member Smith: I would probably not be ready to take that out tonight. Assuming we table this, we will have a better idea of what sort of conversations can happen. Even if we don't have a solid resolution, we could at least have some more direction. Council Member Petty stated he would not be in favor of taking it out of the budget for most of the reasons Council Member Turk suggested. He stated however, he is not in favor of spending so much money for a storage building. He spoke about Council having a choice to either preserve it as part of the lease or if the intention is to keep it as a storage building, then he would be in favor of pulling it out of the lease and activating it in some other way. He stated he is eager for the discussions that have been suggested. He doesn't believe the budget should be tabled because it has been out in the open for several weeks. Council Member Bunch stated the money should be spent on the Porter Produce building now or it will fall. She stated she doesn't like spending money on something like this, but it is necessary. She stated the budget has been out there for a while. Council Member Marsh: The reason we are having these discussions at a budget session in front of the full Council is because our strategic planning session was canceled this year. We did not have the opportunity to have these long-range discussions that need to be had. We did not have the opportunity for our typical preliminary budget meetings with the Chief of Staff and we are feeling that now. I recommend that next year, prior to the budget session, we have a strategic planning session with the entire Council and we resume the preliminary budget meeting with the Chief of Staff. Council Member Bunch: Do we have a strategic planning session every year? I know we had one the first year I was on Council, but not the second year. I took the initiative and met on my own with members of staff. City Attorney Kit Williams: If you pass the budget, that won't be the last time you would ever look at this $400,000. Before any contract that could spend this money, it would come back before the City Council. It's not like the decision you are making tonight, unless you leave it out of the budget, is a permanent decision. Mayor Jordan: The budget has to be passed before the end of December. Council Member Turk moved to table the resolution to the December 17, 2019 City Council meeting. Council Member Smith seconded the motion. Upon roll call the motion failed 3-4. Council Members Turk, Smith, and Marsh voting yes. Council Members Gutierrez, Petty, Scroggin, and Bunch voting no. Council Member Kinion was absent during the vote. Council Member Gutierrez moved to approve the resolution. Council Member Petty seconded the motion. Upon roll call the resolution passed 6-1. Council Members Turk, Smith, Gutierrez, Petty, Scroggin, and Bunch voting yes. Council Member Marsh voting no. Council Member Kinion was absent during the vote. Resolution 283-19 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 3, 2019 Page 20 of 31 New Business: Chambers Bank Agreement to Donate Parkland Credits: A resolution to authorize an agreement with Chambers Bank to contribute and the City of Fayetteville to accept about 48 acres of banked parkland credits from the creation of Kessler Regional Park and for the City of Fayetteville to accept the proposed parkland acreage near Lierly Lane from TTO, LLC for a city park. City Attorney Kit Williams gave a brief description of the resolution. Council Member Smith: I am excited to have this, but who would be eligible to redeem these credits? City Attorney Kit Williams: The contract we had with them made the credits assignable so that they would have had to be within the same park quadrant. The city is divided into four quadrants. All the parkland fees collected in one quadrant must stay within that. It would only be within the quadrant that the Kessler Mountain is. It was assumed originally that they would be using the credits themselves because there's a substantial amount of acreage that could be used for residential. Eventually they sold that other land. I don't know if there is going to be any residential on it. Council Member Smith: They could have given it to anybody they wanted? City Attorney Kit Williams: Yes. There was a brief discussion about credits. Mayor Jordan thanked Kit Williams and Chambers Bank. He stated it is a good deal for the city. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Resolution 284-19 as recorded in the office of the City Clerk New Beginnings Waive Permit Fees: A resolution to waive the Development Permit Fees otherwise required by the Unified Development Code for new beginnings to serve homeless in Northwest Arkansas. Council Member Turk gave a brief description of the resolution. Kevin Fitzpatrick, Applicant thanked Council Member Turk for sponsoring the resolution. He thanked Mayor Jordan and the City Council for their work. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 21 of 31 Council Member Gutierrez requested Mr. Fitzpatrick to speak about the social services surrounding the facility of the space. Kevin Fitzpatrick: We have hired Solomon Birchfield as the Executive Director for the program. We have hired a Community Engagement Coordinator who will work with funders and volunteers. As soon as we get 90 days out, we will probably hire a Case Manager. New Beginnings is not a permanent home. It is a bridge to bring people a pathway out of the woods and prepare them for permanent housing. City Attorney Kit Williams thanked Mr. Fitzpatrick and his group for their work. He stated they are making a very positive impact on the City of Fayetteville. Mayor Jordan thanked Mr. Fitzpatrick for a fantastic job well done. He spoke about homeless statistics. He thanked Council Member Turk for sponsoring the item. Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Resolution 285-19 as recorded in the office of the City Clerk CH2M Hill Engineers, Inc. Amendment No. 11: A resolution to approve Amendment No. 11 to the agreement for operations, maintenance and management services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,250,876.00 for services in 2020. Tim Nyander, Utilities Director gave a brief description of the resolution. He stated the Water & Sewer Committee voted unanimously in favor to forward the item to City Council for approval. Council Member Gutierrez moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Resolution 286-19 as recorded in the office of the City Clerk VAC 19-6883 (1523 E. Elmwood Dr./Faucette): An ordinance to approve VAC 19-6883 for property located 1523 East Elmwood Drive to vacate a portion of a general utility easement. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 22 of 31 Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. 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 Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Ordinance 6264 as Recorded in the office of the City Clerk VAC 19-6888 (3825 N. Shiloh Dr./Blew & Associates): An ordinance to approve VAC 19-6888 for property located at 3825 North Shiloh Drive to vacate a portion of a general utility easement. 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. 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 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 23 of 31 Ordinance 6265 as Recorded in the office of the City Clerk Area Agency on Aging of Northwest Arkansas: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and the Area Agency on Aging of Northwest Arkansas in the amount of $109,080.00 to provide public recreation services for the senior citizens of Fayetteville for 2020, contingent on approval of the 2020 Annual City Budget and Work Program. City Attorney Kit Williams read the ordinance. Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. Chase Gibson, Executive Director for the Walker Park Senior Center thanked the Mayor and City Council for their continued support of the Senior Center. He stated the arrangement with the Area Agency on Aging and the City of Fayetteville is the envy of most of the state, in terms of the facility and relationship of funding. He stated in the last two years, the growth has been about 3% to 7%. 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 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. 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 Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Ordinance 6266 as Recorded in the office of the City Clerk Fayetteville Youth Center, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a contract between the City of Fayetteville, Arkansas and Fayetteville Youth Center, Inc. in the amount of $225,000.00 to provide public recreation services for the youth and citizens of Fayetteville for 2020, contingent on approval of the 2020 Annual City Budget and Work Program. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 3, 2019 Page 24 of 31 City Attorney Kit Williams read the ordinance. Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. Eric Schuldt, Executive Director of the Boys & Girls Club thanked the Mayor and City Council for their support. He spoke about 80 years of service to the citizens of Fayetteville. He thanked Kyle Scogin, Director of Operations for his work on the shelter during a winter storm. Council Members Smith and Turk thanked the Boys & Girls Club for hosting Ward 4 meetings. 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 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch 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 Turk seconded the motion. Upon roll call the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Ordinance 6267 as Recorded in the office of the City Clerk Fayetteville School District No. 1 Memorandum of Understanding: A resolution to approve a Memorandum of Understanding with Fayetteville School District No. 1 regarding the possession, use, and maintenance of the district's portion of the Lewis Fields property. Connie Edmonston, Parks & Recreation Director gave a brief description of the resolution. Will Dockery, Citizen spoke in favor of the resolution. He stated Lewis Park is an important part of the city's greenspace. Mayor Jordan: Will, thank you for your work on it. Council Member Scroggin: Thank you Will for your work on this. I don't think we would be here without his valiant effort. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 25 of 31 Council Member Scroggin moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. Resolution 287-19 as recorded in the office of the City Clerk ADM 19-6649 (City Plan 2040): A resolution to approve and adopt City Plan 2040 as the Comprehensive Land Use Plan for the City of Fayetteville and its planning area, and to approve and adopt the Future Land Use Map, the Master Street Plan, and the Active Transportation Plan Map. Garner Stoll, Director of Development Services introduced the Comprehensive Plan and spoke about the existing City Plan. He recognized lead staff members Jonathan Curth and Leif Olson. He also thanked Planning, Engineering, Development Services, Communications, IT, GIS, Sustainability, Community Resources, Economic Vitality, Parks & Recreation, Police, Fire, Planning Commission, and City Council for their work on the plans. Jonathan Curth, Senior Planner gave a brief description of the resolution. He spoke about the history timeline. He spoke about the overall City Plan 2040. He spoke about the public input process, main action steps, elements within the City Plan, the future Land Use Map, Master Street Plan, and the Active Transportation Plan Map update. He spoke about the Planning Commission's recommendations. Harry Davis, City Planner gave a brief description of the Future Land Use Map. He stated the Planning Commission's recommendation was to adopt Alternative 1, which he spoke briefly about what was listed in Alternative 1. Chris Brown, City Engineer gave a brief description of the Master Street Plan. He spoke about sidewalk size changes and right of way changes. Matt Mihalevich, Trails Coordinator gave a brief description of the Active Transportation Plan update. Council Member Marsh: There is a lot of great stuff in here. I am requesting we table this for two weeks to give us time to review it more. I like a lot of the things I see. One thing I have not seen yet, relates to the trail. Getting the trail built through my back yard was the best thing that could have happened for my property. I love it and use the trail every day. We need more eyes, residents, and commercial opportunities on the trail, as well as designated preservation areas along the trail. Where is our trailside development plan that helps us infill these areas and manage growth along the trail corridor? Jonathan Curth: That is not something we have incorporated in this plan. It's something that was brought up by the Planning Commission through the steering committee process, not the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 26 of 31 development side of it, but certainly the treatment of trails. Staff is amenable to incorporating an action step. Council Member Marsh stated she wants to see a trailside development component. She spoke about feedback from developers regarding townhouses and how the city's code prevents them from attaching more than two townhouses. She requested to know how that is being addressed to create more opportunities in middle housing. Jonathan Curth stated an aspect of that is how the current exemptions exist for single and two- family homes and how it creates separate tier housing. He stated they don't see a lot of any other kind of development regardless of whether it's having the same amount of impact or not. He spoke about staff looking at the stormwater study and development thresholds. Council Member Marsh: I have been running performance on different development scenarios for infill housing in South Fayetteville. I'm finding that it is expensive and complicated to build a lot of small housing, but easy to build big housing. How are we addressing that to create more opportunities for infill housing? Jonathan Curth spoke about actions steps, housing goals, and impact fees structure. Council Member Marsh reiterated that it's expensive and complicated to build a lot of small housing, but easy to build big housing. She stated the fee structure is disincentivizing small structures and the engineering requirements as well. Garner Stoll: The stormwater exemption and tree preservation exemption all favor detached single-family houses. Both of those projects have kicked off and the stormwater exemption is being looked at with the utility study. Staff is meeting to look at the issues revolving around tree preservation. The exemptions are causing a disproportionate amount of the least sustainable development, which is development that has four walls, floor and roof. Council Member Marsh spoke about supporting the Planning Commission recommendation to incorporate neighborhood centers as positive modifiers in the infill scoring matrix. Council Member Smith spoke about trail oriented development. He stated he would like to see something along the lines of the remark from 71 B applied city wide. He spoke about the treatment of utilities in the text of the Master Street Plan. He stated as the city works with the school district, it would be nice to acknowledge the locations and influences the schools have on the city's growth. He stated regarding the housing section, he's thrilled with so much of the language and that it takes the effort to define some of the affordable, attainable, and infill terminology. He stated he hopes they can put in some specific housing targets and know the impact of the decisions being made. He spoke about the future land use map. Jonathan Curth stated staff is under no illusions about the volume of information presented. He recommended tabling the item to allow City Council more time for reviewing. Council Member Turk thanked staff for their work. She requested to know if there was a rush. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 3, 2019 Page 27 of 31 Jonathan Curth stated broadly, he would say no, but spoke about some things that might be affected. Council Member Turk spoke about recognizing climate change in future plans. She spoke about the Energy Action Plan and how development has a huge impact on the greenhouse gas emissions and impermeable surfaces. She stated there needs to be a lot more framing of the context of the plan. She spoke about low impact development, the enduring green network, and tree goals of 40% canopy. She stated she supports a trailside development plan because it is long overdue. She spoke about having some protection or consideration of established and historic neighborhoods. She stated she is not against infill, but the term appropriate needs to be nailed down. She wants citizens to be heard. She thanked everyone for their work on the item. Peter Tonnessen, Ward 3 stated he hopes the city will follow the 2040 City Plan better than they did the 2030 City Plan. He spoke about infill issues. He stated it is clear the 2040 City Plan dislikes RSF-4. He spoke about suburban sprawl. Drew Wallis, Vice Chair of the Active Transportation Advisory Committee spoke about how excited he and the committee are about the plan. Bob Caulk, Fayetteville Natural Heritage Association stated the plan is impressive. He spoke about the enduring green network. He requested for Council to consider taking the Transportation Corridor that is in Brooks -Hummel Nature Reserve, off the map. He spoke about the history of the area. He read a memo that was written by City Attorney Kit Williams to Mayor Jordan on April 17, 2019. Shay Hopper, 1235 North Edgehill thanked staff for their work. She spoke about living near the Brooks -Hummel area. She stated she and her neighbors want to be involved and be an active partner regarding Brooks -Hummel. Hugh Kincaid, Citizen spoke about Brooks -Hummel being a remarkable and pristine place. He spoke about doing fundraising for the Fayetteville Natural Heritage Association and the commitment made to the Brooks and Hummel families to preserve the area as a natural nature park. He spoke about the contributors who helped purchase the land. Dot Neely, 1244 North Mission and Fayetteville Natural Heritage Association Vice President spoke about Brooks -Hummel Nature Reserve. She stated the association fully supports providing access up to natural areas, but strongly advocates that only minimally developed walking trails go through the natural areas. Evelyn Rios Stafford, 527 South Sherman stated the plan is a good plan. She spoke about population growth studies. She stated without infill, the city will see soaring land values for the people who already live here and everyone else will be priced out. She spoke about affordable housing. Angela Belford, Fayetteville Housing Authority Director spoke about the 2040 City Plan. She stated right now the Housing Authority does not receive any city funding. She spoke about 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes December 3, 2019 Page 28 of 31 applying for the CDBG Public Facilities grant, but was zeroed out the last funding cycle. She spoke about the need of affordable housing. She made recommendations to City Council to consider. Dede Peters, Baxter Lane stated she tried to go to the Gregory Park opening and that there's not one continuous sidewalk along College Avenue to get there. She stated children that go to Woodland School can't walk to school. She spoke about sidewalk needs. She stated she was excited about the sublet trail and to not travel along a very busy road to go through Brooks - Hummel to get to Woodland and Gregory Park. She stated it's almost impossible to get to Brooks - Hummel as a public user who does not live in the POA. Council Member Petty stated if there is a meeting equivalent of a budget session for the plan, he is okay with that, but is reluctant to give up a Saturday in December. He stated if it looks like it's going to take a little bit of time, he requested for Council and staff to consider bringing forward the Master Street Plan as an independent item for passage, so that it is not delayed. He spoke about developments that are in process and are about to be filed that would be better for the city if the new Master Street Plan was adopted before they were brought in. He stated he would like to see a consolidated list of decisions that staff would like Council to make, that staff doesn't have a recommendation for, but wants staff's expertise opinion. He requested for staff to think about, is it not the case that a parcel that's closer to a growth center is not more appropriate for infill. He stated the answer in his opinion is, yes. He spoke about climate change. There was a brief discussion about tabling the item for two weeks. Council Member Smith made a motion to table the resolution to the January 7, 2020 City Council meeting. Council Member Scroggin seconded the motion. Upon roll the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. This resolution was Tabled to the January 7, 2020 City Council meeting. ADM 19-6652 (71B Corridor Plan): A resolution to approve a work program to implement the 71B Corridor Plan. Garner Stoll, Director of Development Services spoke about a timing issue because of the bond projects. He stated the projects can't start until the plan is approved by Council. Andrew Garner, City Planning Director gave a brief description of the resolution. He stated in his opinion the plan has achieved its goals when the project was started. He stated it is a comprehensive strategy for revitalization of all 71B from Cato Springs Road all the way up to Lake Fayetteville. He stated the comprehensive plan is punctuated by series of interventions in specific nodes to help with identification. Marty Shukert, RDG Planning and Design is the City of Fayetteville's consultant. He gave a brief summary of the plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes December 3, 2019 Page 29 of 31 Council Member Marsh: Did this go before the Transportation Committee? Andrew Garner: It was either the Active Transportation Committee or the Transportation Committee. We have had a lot of meetings. Council Member Marsh: We did not see this at the Transportation Committee and the committee has not issued a recommendation on this. Council Member Petty: The last part of that sentence you gave was correct, but we did see this after Planning Commission. Then we saw it between a Planning Commission visit and then it went back to Planning Commission after we saw it. We haven't seen the final document as it has been assembled now and the committee hasn't issued a formal recommendation. Council Member Marsh: That is an important step we should take to respect the process. In looking at this plan, how does this incentivize mode shift away from single occupancy vehicles? Marty Shukert: It does by providing alternatives. Council Member Marsh: How is it going to do that in a timeline that adequately addresses the reality of global climate change? Marty Shukert: Probably the same way anything else we propose does. If we provide alternative transportation, other connections, and housing environments so that people don't have to drive to places and can have many of the conveniences within a mile or two, that's a walkable environment. If people become motivated about climate change and understandingly for the crisis it is, they start to think about how they as individuals can respond to it. Bus transportation in Fayetteville is not where it needs to be to make a significant impact. It is an accommodation for people who absolutely need it. There is a massive change in attitude that we all need to make in terms of how we travel. The trails in Fayetteville get used a lot and are used as transportation, which is a very good thing. There will still be single occupancy vehicles, but their method of propulsion might be different. The best contribution we can make is creating or moving toward an environment where you've got transportation choices. This is where you are living in and among the destinations you need for daily life that normally people drive too. Council Member Marsh: An important goal is to see this as a place making plan. We need a Main Street we can be proud of. Our Vision 2050 Plan calls for us to create identity moments and experiences through public art. Where along this corridor do you envision those occurring? Marty Shukert spoke about those being at the main intersections. He spoke about other opportunities along the streets. Council Member Marsh: Regarding stormwater, I see a lot of pavement in these plans. Where does the water go? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 30 of 31 Marty Shukert stated it is handled in a couple of different ways. He spoke about the drainage way coming up from Green Acres. He spoke about strategic stormwater management. He stated there are ideas for permeable pavers or areas within parking lots. Council Member Marsh: In South School Avenue, I like the more urban proposal you put forward. I appreciate the increase of porosity along the trails system and connectivity. How do we infiltrate the stormwater down there before it dumps into the Town Branch? I'd like to see areas identified for infiltration. Marty Shukert: It probably needs to be strengthened. Council Member Marsh: I agree. I see medians that look beautiful in the pictures, but from a maintenance perspective I wouldn't feel good about sending a city staff member to mow a difficult intersection. Marty Shukert: There are ground covers or ornamental grasses that don't need to be high maintenance. Council Member Marsh stated she would like to keep in consideration how to deter people in need from standing there and soliciting. She requested to see the implementation report. Marty Shukert stated the implementation report could be made available. Council Member Petty: Would you describe what is before us tonight and what the extent of changes are expected to continue to be made? What does it mean when we are being asked to vote on the work program and is that different from the final document? Garner Stoll: The resolution references approving the work program and the implementation plan. The intent of it is to approve the plan with regards to starting to design the first phase projects. We have received quite a few comments and we are looking forward to your comments. We want to make sure we get everything integrated in the final document. What we are looking for tonight is an authorization to proceed. If you feel uncomfortable, we can wait two weeks. Chris Brown, City Engineer suggested having a Transportation Committee meeting to talk about the implementation projects. He stated they are very similar to what they had discussed previously before the bond issue and what they have in the general list of bond projects. Council Member Smith: If there are textual revisions, can we also get that before the Transportation Committee meeting? Andrew Garner: Mr. Cook sent us a copy of edits to the text. We are continuing to revise this as we get comments filtering in. Council Member Smith spoke about medians and textual clarifications. He spoke about it being nice if the various plans agree with each other. He spoke about the Downtown Master Plan and wanting more detail. He spoke about the Active Transportation section of the plan. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes December 3, 2019 Page 31 of 31 Council Member Marsh stated she wants to delineate the pathway to meeting the Energy Action Plan Transportation sector goals. She stated she's looking for more information on stormwater management. She stated she wants specific identity moments identified. Angela Belford, Fayetteville Housing Authority clarified some points in the plan. She spoke about a housing grid. She spoke about the definition of low-income and who qualifies for public housing. She spoke about transitional housing. Will Dockery, Citizen spoke about his family history. He spoke about the trees that are being planted now, need to be here in 40 years. He spoke about transportation goals. He spoke about zoning. Council Member Marsh made a motion to table the resolution to the January 7, 2020 City Council meeting. Council Member Scroggin seconded the motion. Upon roll the motion passed 7-0. Council Members Turk, Smith, Gutierrez, Marsh, Petty, Scroggin, and Bunch voting yes. Council Member Kinion was absent during the vote. This resolution was Tabled to the January 7, 2020 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. City Council Agenda Session Presentations: None City Council Tour: Monday, December 2, 2019 4:30 PM /azza�_ A24V araaxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov