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HomeMy WebLinkAbout2020-01-07 - 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 January 7, 2020 City Council Meeting Minutes January 7, 2020 Page 1 of 32 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk- Ward urkWard 4 Position i Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on January 7, 2020 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Kara Paxton, Staff, Press, and Audience. Pledge of Allegiance Manor's Announcements Proclamations and Reco itions: None City Council Meeting Presentations, Reports, and Discussion Items: Election of Vice ill a� o r Mayor Jordan opened the floor for nominations. Council Member Marsh: I would like to nominate Council Member Kinion for Vice Mayor. Mayor Jordan closed the floor for nominations. Council Member Marsh moved to nominate Council Member Kinion as Vice Mayor. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. Council Member Kinion was elected as Vice Mayor 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 2 of 32 Report of Firemen's and Policemen's Pension and Relief Fund Mayor Jordan presented the report on the Firemen's Pension and Policemen's Pension to the City Council. A copy of the report is attached. Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. Agenda Additions: None Consent: Adopt the Rules of Order and Procedure: A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2020. Resolution 01-20 as recorded in the office of the City Clerk Approval of the December 3, 2019 City Council Meeting Minutes. Approved Environmental Consulting Operations, Inc.: A resolution to approve Amendment No. 6 to the contract with Environmental Consulting Operations, Inc. in the amount of $66,255.00 for wetlands mitigation site monitoring and management in 2020. Resolution 02-20 as recorded in the office of the City Clerk Arkansas State Highway Commission: A resolution to approve a utility relocation agreement with the Arkansas Department of Transportation for utility relocations related to the I-49 and Wedington Interchange Project. Resolution 03-20 as recorded in the office of the City Clerk City of Farmington Relocation Agreement: A resolution to approve a utility relocation agreement with the City of Farmington for utility relocations related to the Highway 170 Improvement Project. Resolution 04-20 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 January 7, 2020 Page 3 of 32 2019 Justice Assistance Grant (JAG) Award: A resolution authorize acceptance of a 2019 Justice Assistance Grant in the total amount of $134,915.56 which will be used to pay a portion of the salaries and benefits of 4th Judicial District Drug Task Officers with the Fayetteville, Springdale, and Prairie Grove Police Departments and the Washington County Sheriff's Office. Resolution 05-20 as recorded in the office of the City Clerk Teeco Safety, Inc.: A resolution to authorize the purchase of seventy seven (77) replacement tactical body armor vests and one hundred thirty one (13 1) sets of rifle resistant ballistic plates from Teeco Safety, Inc. in the amount of $189,524.00 plus applicable taxes and freight charges pursuant to a NASPO ValuePoint cooperative purchasing contract, to authorize the purchase of various body armor products pursuant to NASPO ValuePoint cooperative purchasing contracts on an as needed basis through march 15, 2020 and any future renewal periods, and to approve a budget adjustment. Resolution 06-20 as recorded in the office of the City Clerk Botanical Gardens of the Ozarks: A resolution to approve the conveyance of a General Utility Easement to Ozarks Electric Cooperative Corporation across a portion of city property to supply electricity to the new operations center at the Botanical Garden of the Ozarks. Resolution 07-20 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve Supplemental Agreement No. 1 to the contract with McClelland Consulting Engineers, Inc. in the amount of $33,500.00 to provide engineering services for the planting of street trees and installation of trail lighting associated with the Zion Road - Vantage to Crossover Project, and to approve a budget adjustment. Resolution 08-20 as recorded in the office of the City Clerk Sweetser Construction, Inc. Change Order No. 1: A resolution to approve Change Order No. 1 to the contract with Sweetser Construction, Inc. for the Old Wire Road Protected Bike Lane and Sidewalk Project in the amount of $246,488.85, and to approve a budget adjustment. Resolution 09-20 as recorded in the office of the City Clerk Crossland Construction Company, Inc. Change Order No. 5: A resolution to approve Change Order No. 5 to the Fayetteville Public Library Expansion Project contract with Crossland Construction Company, Inc. in the amount of $8,443,973.00 to finish out the expansion and complete the tie into the existing library, to recognize bond interest funds in the amount of $400,000.00, and to approve a budget adjustment. Resolution 10-20 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 January 7, 2020 Page 4 of 32 Walker Family Residential Community Complex: A resolution to approve a contract with Seven Hills Homeless Center to provide funding assistance in the amount of $52,000.00 for maintenance and repairs at the Walker Family Residential Community Complex in 2020. Resolution 11-20 as recorded in the office of the City Clerk Bid 419-52 Benchmark Construction of NWA, Inc.: A resolution to award Bid #19-52 and authorize a contract with Benchmark Construction of NWA, Inc. for construction of the Fleet Vehicle Wash Facility, to approve a Change Order No. 1 to the contract with Benchmark Construction of NWA, Inc. to reflect decreased scope of work from the contract and reduce the total contract cost to $298,750.00.00 and to approve a project contingency in the amount of $10,000.00. Resolution 12-20 as recorded in the office of the City Clerk Bid #19-52 DC Sparks: A resolution to award Bid #19-52 and authorize a contract with DC Sparks Construction, LLC for Trade Packages 1,2,7,8,9 and 10 for construction of the Fleet Vehicle Wash Facility, to approve a Deductive Change Order No. 1 to the contract with DC Sparks Construction, LLC to reflect decreased scope of work from the contract and reduce the total contract cost to $380,231.20 and to approve a project contingency in the amount of $26,000.00. Resolution 13-20 as recorded in the office of the City Clerk Council Member Gutierrez moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Active Transportation Plan Map (from City Plan 2040): A resolution to approve and adopt the Active Transportation Plan Map. Matt Mihalevich, Trails Coordinator gave a brief description of the resolution. Council Member Turk requested to know about a trail on the 2030 Plan. There was a brief discussion on how to find a trail on the GIS map on the City of Fayetteville website. Council Member Scroggin: If we vote for Item 1 the way it is written now, it will include the study area? Matt Mihalevich: That is correct. We have it on the plan already. The Transportation Committee recommended it being on there. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 5 of 32 Lisa Purkayastha, 1229 Lakeridge Drive thanked staff and Council for their work. She stated she would like to be included in coming up with solutions to the issues of Brooks -Hummel. She requested Council to honor the city conservation agreement with the Fayetteville Natural Heritage Association and do no harm to the ecology of natural areas. Ms. Martin, Citizen spoke about she and her husband contributing to the Fayetteville Natural Heritage campaign to acquire land to create the Brooks -Hummel preserve. She stated she was representing First United Presbyterian Church to discuss Brooks -Hummel. She spoke about the preserve providing three main benefits. Annie Latell stated she lived near Mission and North Street. She spoke about wanting to have access from the east to get to Brooks -Hummel. She wants the city to create connectivity without destroying the environment. Lisa Burkett, 2798 North Sheryl Avenue spoke about the environmental aspect for animals with having a pathway through Brooks -Hummel. She requested City Council to keep the pathway as undeveloped as possible. Tom Dureka, Fayetteville Natural Heritage Association spoke about volunteers who have helped with the invasive species management of Brooks -Hummel. He spoke in opposition of a hard surface trail going through Brooks -Hummel. James Hass, 1440 North Hillcrest Avenue stated he would be interested in knowing how the city plans on getting through the private property which surrounds the nature preserve. He stated his concern about the environment for animals. Matt Cheadle, 329 East Sycamore Street stated if development is done, he requested for Council to not put in a hard surface. Rick McNair, 1650 Wheeler Avenue spoke against a solid surface trail being put in at Brooks - Hummel. He spoke about not wanting a trail to go from the south end to north end. He spoke about the plants and wildlife in the Brooks -Hummel area. Boyd Logan, 1426 Hillcrest Avenue stated he appreciates connectivity for the city. He spoke about the importance of alternative transportation. He urged the Council and Planning to examine progressive trail models to create a blended environment. Mike Morisette, 1606 North Jordan Lane stated a 12 -foot paved trail is probably bad, but maybe they could do a boardwalk. He stated they need to keep it on the plan. Lance Smythe, 1708 North Walnut Avenue encouraged Council to keep Brooks -Hummel as a nature preserve and do nothing. He spoke about Council needing to find an alternative. Benjamin Carter, 1108 East Lakeridge Drive stated Brooks -Hummel is a place where his daughter can walk and bike while feeling safe. He spoke about needing more non-professional bike trails for families. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes January 7, 2020 Page 6 of 32 Janna Carter, 1108 East Lakeridge Drive spoke about the beauty of the area and wanting to keep it the way it is. Paxton Roberts, 411 West Holly Street and Executive Director of Bike NWA. He stated he is the Chair of the Transportation Committee. He spoke about keeping the plan in place. He spoke about needing more east and west connections. He spoke about the opportunities to go through the Brooks -Hummel preserve. Kristy Palmer, 1391 North Edgehill Drive stated she is an avid supporter of Fayetteville's trail system, but is concerned about the current plans for the new sections of trail to cut through Brooks - Hummel. Shay Hopper, Citizen spoke about wanting to work with Council as partners to come up with a solution regarding Brooks -Hummel. She spoke about an agreement that protects the preserve and represents a collaborative compromise for all stakeholders. Council Member Kinion: Are you asking for a removal of this from the plan? Shay Hopper: As an active transportation corridor. Council Member Kinion: You support the further investigation of a possibility of a trail or you don't want a trail and want an alternative? Shay Hopper: We would like to see Brooks -Hummel remain in the most natural state possible. There are significant elevations in Brooks -Hummel. There is a cemetery adjacent to the property that is of some historic stature. We want to compromise and work with the city to support connectivity with a natural surface or soft surface trail. Council Member Kinion: You would consider an alternative to a 12 -foot -wide concrete trail and want it taken out from the plan right now? Shay Hopper: Yes, we would like the active transportation corridor proposal removed. We think it's in the best interest of the property to preserve the natural state and to honor the intent of the agreement made with the Brooks -Hummel stakeholders, Fayetteville Natural Heritage, and the community. Council Member Kinion: It seems we are trying to come up with a consensus of how to manage the east -west corridor, but you are saying it would be better to take it out of the plan right now and then come up with an option later? Shay Hopper stated yes, as they study and learn a lot more. She spoke about not being adversarial. Citizens from the Brooks -Hummel area stood up to show their presence at the City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 7 of 32 Josh Moody, Active Transportation Advisory Committee stated it makes sense to move forward in a way that makes the least impact on the natural area. He spoke about having less cars on the road in order to make a positive environmental impact. He spoke about having natural connectivity through Brooks -Hummel. Dot Neely, Citizen spoke about agreeing with Mr. Moody, but wanted to emphasize that humans can go anywhere, but creatures can't. She stated Brooks -Hummel was identified as one of the highest priority areas for preservation on the 2006 study that led to the green infrastructure planning pilot project. She spoke about everyone working together for a win-win solution. Council Member Kinion spoke about Ms. Neely being a professional he considers as one of the best when it comes to environmental preservation and sensitivity to nature. He stated he hears Ms. Neely saying they must recognize this as a valuable resource for preservation. He requested to know if she preferred for this to be taken out of the transportation plan this evening and then come back to revisit it or keep it in and trust they will develop a plan that will meet the demands of recognizing the delicate nature of the property. Dot Neely stated ideally an alternate transportation corridor isn't the right fit for that area. She stated that might be Plan A, but they need other plans lines up. Council Member Kinion: In the short run, are you saying take it out? Dot Neely: I am on the FNHA Board. We agree there should be access up to Brooks -Hummel, but not an active alternate transportation corridor through the preserve. Council Member Kinion: It is a tough issue. We have a wonderful community that will come up with a solution. We need to approach it with the highest protection of a very sensitive piece of property. You have spoken for the natural element of this property that can't speak for itself. Council Member Marsh: If we were to take this out, then what is the proposed east -west cycling route that would be the alternate? Dot Neely: From Poplar behind the businesses, east on College and up over Ash. Ash is already wide. Council Member Marsh: Have you ever ridden your bike on that route? Dot Neely: Yes. Council Member Marsh: Would you recommend it for all ages and abilities? Dot Neely: There can be ways you can adapt so that it's not quite as steep. If we are talking about building infrastructure through Brooks -Hummel, we can talk about building a gradual spiral to ease the degree of slope, up and over Ash. There are many roads that lead to the east -west corridor. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 8 of 32 Marsha Mullins, 1144 Hillcrest spoke about Ash not being much of an incline. She spoke about sidewalk usage in the Ash area. She spoke about alternative trail usage. Eric Boles, 420 East Rebecca Street stated creating alternative transportation options is going to be essential to giving people an opportunity to get away from cars. Council Member Scroggin thanked everyone for attending the City Council meeting. He spoke about the possibility of a boardwalk. He stated it is possible to have connectivity and nature. He stated maybe 12 feet of concrete isn't the way to do it, but a solution needs to be found that works for both. He stated in the city about 50% of the populous do not own a home. He spoke about renters needing connectivity and talked about pro -trail emails he received. He stated regulating future bikers and walkers to go up Ash is not acceptable. He stated he wants to keep the work study on the map and vote for it at the meeting tonight. Council Member Turk spoke about using a soft surface trail in Maryland and getting back to nature in the middle of a city. She stated Brooks -Hummel is similar to her experience in Maryland. She stated they need to keep the Enduring Green Network and Brooks -Hummel is part of that. She spoke about increasing the tree canopy and having safe spaces for wildlife. She stated lights have a tremendous amount of effect on animals. She stated Brooks -Hummel is a gorgeous piece of property that needs to be kept in its natural state. Council Member Turk stated she wanted to amend the resolution to remove Brooks -Hummel from the Active Transportation Corridor and leave the study area around the box. Council Member Kinion agreed with her proposal. Mayor Jordan requested comment about the proposed amendment. Council Member Marsh stated she is not supporting the amendment. She stated global climate change is an emergency and one of the most important things they need to do is shift away from a car dependent culture. She stated the best way to do that is to build a functional and enticing active transportation network for all ages and abilities. She spoke about the positive aspects of a trail that bisects her back yard. She stated it has been good for wildlife. She stated the construction of the trail was an opportunity for the city to clean up invasive species. She stated they need to leave the study area and the dotted line on the map. She stated they need to do their best to find an innovative and lightest footprint through there while achieving a connected active transportation network. She spoke about trail lighting. Council Member Smith stated he will be voting for the resolution when they get to the motion to approve the entire plan, either way. He stated the Active Transportation Plan as a whole is about 98% excellent work and policy. He requested to know if the city has usage numbers for the trails. Matt Mihalevich, Trails Coordinator: Yes, we keep counts. It varies seasonally, but we can expect about 800 a day on the Razorback Greenway. Council Member Smith: What would we anticipate on something that is an off branch here? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 9 of 32 Matt Mihalevich: A lot less on this particular corridor. It would maybe give the potential for a narrower footprint. It has the potential to be a really good transportation route. Council Member Smith spoke about wanting people to use city trails. He spoke about traffic counts. He requested to know what kind of counts could be expected. Matt Mihalevich: We see peaks with transportation use in the mornings and evenings on our counts with the Greenway. It's hard to speculate, but there is a potential for a surge in the morning and evenings. You will get recreational users on the weekends. Council Member Smith: On the trails we have a standard policy of the lights being on when it is dark. Don't city parks have a close time? Matt Mihalevich: Yes. I believe it is 11 pm. Council Member Smith: Is there a potential since this goes through parkland that we could turn off lights and instead use motion sensitive lights? City Attorney Kit Williams: The City Council makes that decision. You don't have to build every trail the same way or operate it the same way. Matt Mihalevich: It could be an option to not have lights at all. Lake Fayetteville does not have lights around it. Council Member Smith: We have other major corridors that don't have lighting? Matt Mihalevich: Exactly. Council Member Smith: There is a sewer line that goes right through the middle of Brooks - Hummel. What impact does that have on the area? Matt Mihalevich: I can't answer the age of it. We looked at that as a possibility for the trail to put it on top of that. The sewer line bisects the property. In an effort to come up with a better solution we scooted the preliminary trail alignment all the way to the west edge of the property. Council Member Smith spoke about parents not having the same abilities of being able to shuttle their children to school. He stated there are parents whose only option is to send their kids on bikes or foot to get where they need to go. He stated the study area is very clear of the intention to look at other options. He stated a lot of issues will be fixed in the design. Council Member Bunch spoke about the area being a unique opportunity to make it accessible to people without having a giant concrete trail running through it. She stated having a trail or boardwalk would be necessary for people to access the area. She stated she is in favor of leaving it on the plan and leaving the study area as proposed. She believes solutions can be found to accommodate all. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes January 7, 2020 Page 10 of 32 Council Member Kinion spoke about keeping the environment protected in its natural state. He stated he isn't against a trail or a connection because connectivity is needed. He stated he wants to remove the dotted line so they can look at more possibilities on the dotted line. He stated if they keep the study area without the dotted line it will open a more creative vision of possibilities. He stated he supports the proposed amendment. Council Member Bunch: Regarding the dotted line. It has been my understanding that a Council could take something off one of our Master Plans. A dotted line can be removed tonight and be put back on by this Council or another Council in the future? City Attorney Kit Williams: Absolutely. There is a study area here and it could be even larger than the study area if you are trying to look for solutions. Nothing is going to happen this year, next year or year after that because we don't have the money and it can't be done until six years. There is plenty of time to study this and it will be studied no matter if you leave the dotted line on or not. I'm not saying it's not important because it does speak to a broader look if you take the line off, but all the options are still on the table for future City Councils to make the final decision. Council Member Bunch spoke about having faith in the city staff that they can work with people. She stated she is in favor of leaving the line on the map and leaving the study area. Council Member Petty stated he is not in favor of the amendment. He stated the proposal before Council isn't whimsical and has been reviewed by multiple committees. He stated the Active Transportation Committee has reviewed it more than once. He stated it is a vetted proposal. He stated taking the line off the map is merely a gesture. He stated he disagrees with sentiments that suggest this connection should not be used for transportation or that it should be used for a light version of transportation. He spoke about the investment of millions of dollars to change the City of Fayetteville for the better. He spoke about the environment and people having access through the neighborhood. He stated the environmental impacts can be addressed in a way that preserves the ability for the corridor to function as a transportation route, but doesn't think they can prevent the impacts of more people visiting the neighborhood. He stated neighborhoods in the city cannot stay the same and it is Councils job to preserve what they love best about Fayetteville even as it changes. Council Member Turk: There are not very many greenspaces left in this town. I am not suggesting we don't put a trail near there or connect, but there are a lot of options. Having that study area or expanding it would be fine. Leaving that dotted line will continue to focus everything through Brooks -Hummel. We need to protect our greenspace and I don't believe it is about intrusion into the neighborhood. There are serious environmental concerns that should be addressed. I want to see all these different options explored. By removing the dotted line, it will help facilitate that. Council Member Gutierrez thanked the neighbors for voicing their opinions. She stated she received many emails against and for the removal of the dotted line. She spoke about the compromise of a light footprint solution. She spoke about climate change, alternative modes of transportation and encouraging people to use trails. She spoke about greenspaces. She stated she is a member of the Active Transportation Committee and trust all the work done on the plan. She 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 11 of 32 spoke against an amendment. She spoke about trusting city staff to make a good decision and to work with stakeholders. Citizen stated breaking a promise and doing something to Brooks -Hummel is horrible. He stated there are existing streets and sidewalks that can accommodate connectivity without disrupting Brooks -Hummel. Council Member Kinion stated he agreed with the previous speaker. He stated Brooks -Hummel is a precious piece of property and they did promise to protect and preserve it. He spoke about alternatives to consider. He stated it was vetted by a select group of people, but now it is out in the public for input. Mayor Jordan spoke about being on City Council in 2007 and voting and promising to preserve Brooks -Hummel in its natural beauty. He stated he promised the neighborhood back then and stands by it now. Council Member Turk moved to amend the resolution by removing Brooks -Hummel from the Active Transportation Corridor and leave the study area around the box. Council Member Kinion seconded the motion. Upon roll call the motion failed 3-5. Council Members Kinion, Turk, and Smith voting yes. Council Members Gutierrez, Marsh, Petty, Scroggin, and Bunch voting no. Council Member Smith: The plan as a whole is fantastic. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 6-2. Council Members Gutierrez, Marsh, Petty, Scroggin, Bunch, and Smith voting yes. Council Members Kinion and Turk voting no. Resolution 14-20 as recorded in the office of the City Clerk Adopt Revised Master Street Plan (from City Plan 2040): A resolution to approve and adopt a revised Master Street Plan for Fayetteville including revised street cross-sections. Jonathan Curth, Development Review Manager gave a brief description of the resolution. Council Member Petty: How does this change as you traverse from one end to the other, whether it is south to north or north to south? Does staff have an opinion about designating the entire Sang Street corridor from Wedington to MLK as a residential link instead of a neighborhood link? Jonathan Curth: I don't think there is opposition to that, particularly towards the northern portion of this corridor where Sang ties into Cleveland. It's an existing connection and most of that street is already improved to handle larger volumes of traffic. I think it would be staff s recommendation to maintain that as a higher classification. The greatest value would be to ensure some link is maintained in this area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 12 of 32 Garner Stoll, Director of Development Services: The southern section is also built to a collector street width. The yellow part from MLK going north doesn't prohibit making it all residential link. Council Member Petty reiterated what he heard Jonathan and Garner state. He stated his biggest concern about the link proposed on Alternative 1 as shown is the design speed that is intended. He requested to know if a neighborhood link has a design speed of 25 to 30 miles an hour. Jonathan Curth: Yes, that is correct. Council Member Petty: The design speed for a residential link is 15 to 20 miles an hour? Jonathan Curth: Correct. Council Member Petty: My principle concern with maintaining this connection on the map is the design speed associated with the proposal. For this neighborhood and for almost all neighborhoods, 25 miles an hour is too fast for safety and comfort. I would prefer to see a residential link designation and see it go the entire length of the corridor from Wedington to MLK. With this being the 2040 Plan, I expect at some point in the future that this will receive treatment. At a minimum an overlay in that time period and the designation is going to inform how we proceed with the overlay design. I would prefer when that overlay occurs that we modify the street to have a lower design speed than may have been intended in the past. If we can adopt a plan that will have an intended speed that is low enough to be compatible with the behavior of pedestrians and cyclist, then I think I can be supportive of a proposal. Garner Stoll: There is one other advantage for the residentially linked, at least for the new part, it would allow a developer to propose using the street cross section that is associated with the hilltop -hillside overlay district, which this slope is. It could be a much narrower right of way and a sidewalk on one side. Council Member Smith: Down on the south part connected to MLK where Ramay Junior High is, does downgrading that to a residential link the entire way sacrifice capacity on street parking? Garner Stoll: I believe the City Council has discretion about speed and where you allow parking. I just wanted to make sure Council understood that the portion is already built. Council Member Smith: While I can see the benefit of reducing the design speed of the northern part that goes through a neighborhood, this area is substantially less residential neighborhood. There are different treatments along this corridor already and that's one where I would want to make sure we don't sacrifice what different uses in that area needs. Ethel Simpson, 409 North Oliver Avenue spoke about the city's zoning principles. She spoke about the extension drastically affecting the quality of life in the neighborhood area. Michelle Guyot stated she lives on the corner of Sang and one block south of Wedington. She spoke about any increase in traffic putting children in danger in the area. She spoke about environmental issues. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 13 of 32 Martha Sutherland, 1928 Haskell Heights spoke against the extension of Sang. Marsha Scott, 48 North Sang spoke against the extension of Sang. She spoke about the trail system. Margaret Marquette Bruce, 741 North Lewis spoke about more needing to be done to maintain and care for the already established urban forest. Felicia Farris, 2215 Haskell Heights spoke about infill. She stated she would like the Fire Department to be to get to her house a lot quicker than they can do right now. She spoke about a gated area if a developer was to develop the area to prevent a thoroughfare. Council Member Scroggin stated as connectivity is increased in the city, they have to make sure people aren't flying through the neighborhoods. He stated going through by-passes around the city, driving, walking or biking longer distances is not environmentally friendly. He stated he wants to keep it on the map and a connection made at some point. He spoke about wanting it narrower. Council Member Turk: We just discussed needing more trails and getting people off the street. Now we have this proposed cut through and building a big street through a great part of town that has lots of ecosystem services. We already have an improved Razorback Road. We have Futrall Road that could be changed to two ways if we need more road access in that area. The U of A is close by and even if it is downgraded, there are going to be so many cut throughs from students. With the grade and slope it will present challenges with speed and runoff from any development that goes in there. It will destroy the neighborhood and it is a beautiful historic neighborhood. I like the alternative of no connection. There was a brief discussion about amending the resolution to remove the Sang Avenue connection. Council Member Smith stated the overall Master Street Plan is fantastic and he is going to vote for it. He stated he likes connectivity and has advocated for more connectivity on the west side where they don't have it. He spoke about the Markham Hill connection on the south end. He stated if Sang were to go straight to Markham, it makes sense to take some of the traffic out of an area that it's currently weaving through on a route it is going to use anyway. He stated there's a development planned through there that they were told had to have additional access besides just Markham. He spoke against taking out the connection that would lead from Wedington to the top of the hill, but could favor taking off the connection that goes from the south part of Sang. He requested to know if Council Member Turk would be willing to split it up and talk about them separately. Council Member Turk: I am not willing to consider them separately. Council Member Kinion: There have been promises made and promises should be kept. He stated when Markham Hill was recently discussed, it was understood there would not be a pass through on this property on Sang from Wedington up to the north. That was one of the reasons I voted the way I did, even though it hurt my heart. I felt it was the best alternative we were faced with when 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes January 7, 2020 Page 14 of 32 we came down to the vote. I am a neighborhood preservationist. The neighbors were promised not to have Sang go through there because of runoff, topography, hydrology, and geology. The expansion of the university and the area around the neighborhood is pressuring on all sides. We should consider this amendment. It is a long-term plan. Council Member Petty stated he is not in favor of removing the connection entirely. He is in favor of a major downgrade from the proposal. He spoke about another possible alternative. He spoke about not foreseeing some of the extreme things that a lot of people are fearing. He stated a 60 -foot -wide roadway with a design speed of 30 miles per hour is a mistake. He spoke about future development concerns. He stated a connection is important. Council Member Bunch: The connections are 2/3 completed on either end. How many miles or feet of street is left to be completed there? Jonathan Curth: It is 8,000 feet, roughly from Wedington to MLK. Of that about 2/3 is built as public street. Built as a collector it would probably be about 3,000 linear feet of that. 550 feet of right of way would be necessary to still be acquired if this connection were to be made in the future. Council Member Bunch: We already have some very steep streets. How does this rank if this connection is put in and is it steeper than others in the city? Jonathan Curth: If you were to go directly up the hill from the southern portion of Sang, it would be about 19% slope. The steepest slope I visit is on north between Mission and College Avenue, which is about a 15% slope. If you were to go straight up the south side of Markham Hill, it would be steeper than that. Jonathan Curth and Garner Stoll spoke about other slope percentages and the city's present standards. Council Member Gutierrez thanked the neighbors for attending the meeting. She stated she doesn't want the traffic worsened for the school in the area. She spoke about supporting trail concepts and alternative concepts instead of the roads and cars. She spoke in favor of the amendment. Council Member Marsh stated she would not support the amendment. She stated it is important to preserve the residential link, but building it minimally. She stated there is a gap in transportation options to get to the other side of the mountain. She spoke about not freezing neighborhoods in time. She stated the city is growing and room needs to be made for that in a way that's compatible with the environment and long-range goals. She stated a small connection is important. She stated when we try to preserve these neighborhoods, it puts additional development pressure on other neighborhoods. She stated it is important to be able to integrate new opportunities for housing throughout the city, especially in such proximity to the city's largest employer. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov. City Council Meeting Minutes January 7, 2020 Page 15 of 32 Chaim Goodman -Strauss, 524 West Prospect Street spoke about Wilson Park and removing the connection from the Master Street Plan turned out to be a great thing because it created alternative ideas on how to manage traffic. He spoke about Futrall Drive being made into a two-way street. City Attorney Kit Williams: I was on the Council when it was made one-way. We opposed that and the Highway Department said it shall be done. I don't think it's going to be easy to make that road a two-way access road. We tried to prevent it from going one-way and we lost. Marsha Scott spoke about connectivity issues, student travel routes, traffic, and parking concerns. Council Member Turk gave a brief description of her proposed amendment of removing the Sang Avenue connection from the Master Street Plan. She spoke about it becoming a cut through area for U of A students, traffic, speeding, and slope concerns. She spoke about the history of the neighborhood. Garner Stoll: If you look at this Master Street Plan, the majority of the parts that are not presently built are contemplated for building by developers and they are not city projects. In those instances, the connections are not intended to be literally the alignment that is on this map. Developers frequently choose alternate connections when they go through the sub -division process. Council Member Scroggin stated he wants everyone to be more careful when they talk about students. He stated it seems like we think their trip is less important than somebody with a job. He spoke about not degrading a class of people based on what they are currently doing. Council Member Turk moved to amend the resolution by removing the Sang Avenue connection from the Master Street Plan. Council Member Kinion seconded the motion. Upon roll call the motion passed 5-4. Council Members Gutierrez, Kinion, Turk, and Smith voting yes. Mayor Jordan voting yes. Council Members Marsh, Petty, Scroggin, and Bunch voting no. Council Member Petty: With the plan being amended, it's substantially different than the Master Street Plan that is currently on the books. It shows a shared use path establishing the connection from Sang. If the road connection is not going to be part of the plan, I find it critical that the shared use path be reinserted into the alternative Transportation Plan. What is the procedure to do that? City Attorney Kit Williams: Anyone who voted in the majority that passed the alternative Trails Master Plan can make a motion to reconsider so that you can amend it and then pass it again. Council Member Petty: That seems convoluted. Would it be acceptable to see an amendment to the alternative Transportation Plan come forward that was isolated to this issue at the next meeting? City Attorney Kit Williams: It would be easier to do at the next meeting. You could do a motion to reconsider at the next meeting too. That way you don't have to do a new item. It will probably be a change in the map. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes January 7, 2020 Page 16 of 32 Council Member Petty: I will follow the preference of the staff. I wish for the support of the representatives of the ward. Jonathan Curth: This same trail was on the Active Transportation Map that was approved by Council previously tonight. Mayor Jordan: It is already there? Jonathan Curth: Correct. Garner Stoll gave brief description about the map. Council Member Smith stated he was glad it was fixed. Council Member Smith moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 15-20 as recorded in the office of the City Clerk Cultural Arts Corridor Project: A resolution to express the City Council's intent to consider all three potential replacement parking sites as part of the Cultural Arts Corridor Project, and to encourage the city to seek opportunities to provide additional benefits including housing, arts production facilities, and other uses that further the city's expressed priorities. At the December 17, 2019 City Council Meeting this item was tabled to the January 7, 2020 City Council Meeting. Council Member Smith gave a brief description of the resolution. He proposed an amendment to strike the final whereas that discusses the University, Walton Arts Center, and Nadine Baum. He wants to leave in place the intent that they look for other partnerships and opportunities for community benefits, including housing, arts, and other uses that would further the city's express priorities. He stated another addition would be in Sectionl which places an emphasis on workforce housing. There was a brief discussion about workforce housing. Council Member Scroggin stated he would second the motion. He spoke about the process. He stated he is okay with the workforce housing. Council Member Smith stated the administration presented the assessment of Nadine Baum. There was a brief clarification and discussion about the amendment. Council Member Marsh stated she would support the amendment and resolution. She spoke about talking to the creative community about what their needs were to be successful. She spoke about collaborating to solve social problems such as housing. She spoke about staying with the mission of activating the creative economy. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 17 of 32 Council Member Bunch: The replacement parking is part of our bond issue. Is the workforce housing section saying we are going to look at that in the future? City Attorney Kit Williams: I could not be in favor of it if it was something you thought you could tie to the parking deck. I have real concerns about that. The ballot never said anything about housing or workforce housing. It said build a parking deck. That is what we need to do. If we don't get the parking deck built quickly, then we won't be able to do the Arts Corridor Plaza. Any delays can be difficult because you have to spend bond funds within three years of receipt. This is a project that has to have a deck first and then the plaza. Anytime you push the deck back or if we began the deck and we had housing conjunction and someone sued because they said the Housing Authority didn't have the authority to do that under the statutes, then that would probably delay our entire project. I'm very concerned about trying to change what the purpose of this bond issue was, which is to build a parking deck and then build a plaza. Trying to give it other purposes that were not on the ballot could be dangerous. If we want to work to get workforce housing or low- income housing in the future, we can work with the Housing Authority in other ways. When we are dealing with ten million dollars worth of bonds, this is not the time to see if whether what they propose is something they have the legal right to do. Council Member Bunch: Is that what you are saying this might be doing? City Attorney Kit Williams: It is encouraging the Mayor to look at several uses, including workforce housing, which was not part of the bond issue and to tie that to the parking deck is what makes me concerned. We could suffer delays that would prevent us from finishing the Cultural Arts Corridor project. Council Member Scroggin spoke about tabling the item. He spoke about moving quickly because of building materials rising. Council Member Turk: You are taking off Option 3, which is the Nadine Baum Studio option? Council Member Smith: The language that is removed takes out references to how many options there are. The language that is left encourages whatever options we consider that we will look at ways it can be compatible with other uses. Council Member Turk: There are two options on the table? Council Member Smith: Recognizing that Nadine Baum is not a viable option, we only ever had three. We discussed last night what it would take to bring up a creative fourth solution and staff made a compelling argument for many of the reasons that Kit just discussed about the timeline. We are left with two active considerations. Council Member Turk: Kit, your concern is with Section 1 or are there more things you are concerned about? City Attorney Kit Williams: No, that's the one I am concerned about. It talks about seeking opportunities for partnerships that might enhance the replacement parking project to any location 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes January 7, 2020 Page 18 of 32 with features or amenities that could include but not limit it to workforce housing, arts production facilities or other uses that further city priorities. I'm not against these things, but we have ten million dollars that was voted by the citizens to build the parking deck. According to what our construction engineers have come up with, in either of the other two places it is going to cost almost ten million dollars to build only the parking deck. The statutes only allow the Fayetteville Housing Authority to build low-income housing. They created a non-profit and they believe with the non-profit they can do lots of other things. This could create a target on the city. The only time Fayetteville has had trouble is with bond issues when the envelope is being pushed. We lost two of those in the early 1990's that cost us millions of dollars. I don't believe it is worth the risk. Council Member Smith stated he would like to vote on the amendment and then speak about the resolution. Mayor Jordan: Your amendment takes out Nadine Baum? Council Member Smith: Yes. Mayor Jordan: It leaves in the other two with discussion on how we can incorporate some of the other issues you brought up? Council Member Smith: Yes. Mayor Jordan: The amendment is that the Nadine Baum is not one of the locations, but the other two are still active. The Housing Authority can consider the other options you brought forward about the housing stuff? Council Member Smith: Yes. Council Member Kinion spoke about being in favor of affordable housing. He spoke about his experience with the Fayetteville Housing Authority. He stated this can be done without tying it to a project that the voters voted on, which is parking. He stated it could open the city up to questionable litigation. He stated the amendment is okay, but the whole prospect does concern him. He stated they should be considering parking because that is what they are charged to do. He stated the other issues can then be considered. He stated he doesn't believe at this point that they need to add an additional twist to parking, since parking is what the taxpayers voted on. He stated he is going to be pushing the east parking lot. He spoke about buildings on the Arts Corridor that have not been identified as what they are and could possibly be for housing or commercial space. He stated time is of the essence with the bond money. Mayor Jordan reiterated what the amendment says. Council Member Marsh: What is the reason that Nadine Baum is done? I have not received any kind of information on that. There were no members of the Arts Council invited to the stakeholder meeting yesterday. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 19 of 32 Susan Norton, Communications and Marketing Director: In your inbox are the notes from the facilitated meeting. The information talks about what the stakeholders at the meeting described as an impossibility to overcome the acceptance of that location for a parking facility due to the university, Walton Arts Center and city's position for its partnerships that currently support the facilities that are on the premises. The meeting was arranged by me at the behest of the people who spoke the last time, not the Arts Council. The Fayetteville Housing Authority made the request to the Mayor. I did a call for participation. I asked for the names of the people who could come because we were going to have a facilitated session and we needed to limit the participation in order to have a successful meeting. Council Member Marsh: You limited the participation by excluding members of the Fayetteville Arts Council from a discussion of the Cultural Arts Corridor. Susan Norton: The discussion was to talk about a parking deck. Angela Belford, Fayetteville Housing Authority Executive Director thanked Susan Norton. She stated the discussion will help decide where to put the parking deck. Council Member Turk: Do we need to include Section P There is a commitment of all the partners that Susan put together. Angela Belford: We all agreed to begin to talk about in general throughout Fayetteville and the Cultural Arts Corridor about housing. In Fayetteville, housing cost have gone up and wages have not gone up. Council Member Turk: This amendment encourages the Mayor to seek opportunities for partnership. It sounds like you have already started the discussion. Angela Belford: Encouraging the Mayor to seek partnerships is really the flavor of this resolution. It is a discussion amongst the City Council to say how are we going to consider equity, housing, city plan or people who are the most vulnerable. We need this. Council Member Kinion: Do you see that there is an option outside of connecting this directly with the bond issue of a parking deck? Why is it important to connect this issue with a parking deck? Angela Belford: Looking at one single issue is foolish and short sided. I work at an organization where they didn't think long term. Council Member Kinion: I am not foolish. I think in the long run. This is a specific bond issue. Angela Belford spoke about making a decision and design the parking deck that will allow options. She spoke about creative solutions. Council Member Kinion: I agree. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes January 7, 2020 Page 20 of 32 Council Member Marsh spoke about integrated thinking. She spoke about the city having housing and transportation issues. She stated she regrets voting for the parking deck because she would rather spend ten million dollars on functional transit. She spoke about maximizing opportunities for synergy. She stated she wants to create an ecosystem where creatives can succeed and thrive. Reed Greenwood, 1601 Elmwood requested for the resolution to be read. He stated he is against converting the Baum Learning Center to a parking deck. Council Member Smith read the resolution. Reed Greenwood: The Nadine Baum Studio will be off the table if this is approved? Council Member Smith: Yes. I believe it is anyway, but I am trying to bring the resolution into alignment with reality. Reed Greenwood spoke about his work and volunteer history. He spoke about the arts and being a supporter of the arts. Council Member Turk moved to allow an additional three minutes for the speaker. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-1. Council Members Gutierrez, Kinion, Petty, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Marsh voting no. Reed Greenwood stated the Nadine Baum Studio was created through generous support from the Baum Family. He stated to name a building it takes a covenant between an institution and a donor to honor and continue in trust the wishes of the donor when the gift is made. He stated he is opposed to using the space for housing or a parking deck. Autumn Tolbert, 529 South Block stated she would hate to see the City Council take any option off the table right now. She stated she would like to see how many more people can be served with housing, arts, and parking all together. She requested for Council to not take the Nadine Baum Studio off the table. She spoke about housing issues. Peter Tonnessen, Ward 3 spoke about the city needing to stay focused. He spoke about legal issues if something is done with the money other than arts. He spoke about leaving the parking lot where it is. Cynthia Curatalow spoke about supporting the arts and artist. She stated a parking lot is not needed. She stated she is in support of taking Nadine Baum off the table. Mayor Jordan: The amendment is to take Nadine Baum off the table and not put a parking lot there. Council Member Smith: I believe I am hearing people speak in favor of the amendment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 21 of 32 Gary Johnson, 3184 East Crestline Place spoke about the positive aspects of the Nadine Baum Studio. He supports the amendment to take Nadine Baum off the table. Rob Qualls, 2140 Jonquil Road: The words, off the table, are used regarding Nadine Baum Studios in this amendment, but it doesn't legally bar it ever from being touched. It's off the table for this resolution, but not the next resolution in two weeks. Is that correct? Council Member Smith: Yes. Joel Doruco, Ward 3 stated Nadine Baum is an institution. She spoke about other options to consider. Council Member Marsh stated the proposal was never to destroy Nadine Baum. She stated it was to replace it, just like they did with the Walton Arts Center offices when they tore them down and replaced it with a new facility as part of a mixed-use development. Jackie Johnson, 3184 East Crestline Place spoke about the positive aspects of the Nadine Baum Studio. She spoke against the parking lot. She spoke about building upward on the existing parking lot. Chaim Goodman -Strauss, 524 West Prospect requested to know what the legal status of a resolution or amendment of this kind. He requested to know if this is a suggestion to City Council or is it binding. He spoke about the wording of the amendment. City Attorney Kit Williams: Resolutions can be binding, but this one says the City Council encourages the Mayor. It is a statement that they would like to see the Mayor do that. I will be cautioning the Mayor about putting anything directly with the parking deck because that would concern me. This one does not require him to do anything. Chaim Goodman -Strauss suggested to Council that they consider the word, potential in the amendment. Rick Shelton, 1963 North Lisa Lane spoke about the positive aspects of the Nadine Baum Studio. He spoke in favor of the amendment. Chris Shields, 1963 North Lisa Lane stated he is on the Board of Directors of the Community Creative Center. He spoke in favor of the amendment. Council Member Smith moved to amend the resolution as previously discussed and remove the Nadine Baum Studio. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-1. Council Members Marsh, Kinion, Petty, Scroggin, Bunch, Turk, and Smith voting yes. Council Member Gutierrez abstained. Mayor Jordan spoke about working with different partners and the City Attorney. There was a brief discussion about taking public comment on the amended resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 22 of 32 Council Member Smith summarized and read the amended resolution. Angela Belford, Executive Director of the Fayetteville Housing Authority spoke about City Councils criteria for making a ten -million -dollar investment and wants them to factor housing into their decision. Will Dockery, 4149 West Bradstreet spoke in favor of the resolution and requested to table item number 4. Peter Tonnessen, Ward 3 advocated for the parking lot to remain where it is. He spoke about the scenario of condemning Arsaga's and the Depot and build a three-level parking lot and the law. He spoke in favor to choose the East lot of the two choices given. He doesn't agree that they have the right to use art as a sub -diffuse to build public housing. City Attorney Kit Williams: That is not under Arkansas law. We can't condemn for commercial activity. Citizen spoke about the Nadine Baum Studio being deleted from the resolution. He spoke about getting the parking deck settled and move forward with the plaza. He stated there is no money to replace the Baum Leaning Center. Rob Qualls, 2140 Jonquil Road stated the words parking deck or parking structure are not in the ballot language. He stated the commitment is to replace any parking that is removed. He stated this is a not a parking deck ballot issue. He spoke about housing issues. He spoke about a letter of intent. He spoke about RFP's. Bob Stafford, 527 South Sherman Avenue stated the School Street lot is the best choice. He spoke about the possibilities available. He spoke about the plaza and Depot lot. He requested Council Member Kinion's support for the School Street lot. There was a brief description about locations. Council Member Kinion: I am supporting the School Street East lot. Council Member Smith: This is about setting our priorities for design and other considerations wherever we choose. Cathy Voight, 520 North Walnut stated she opposes the parking garage to be in front of Arsaga's. She stated she is against the School Street lot being turned into a parking garage. Kristen Bensinger, 1907 East Harold and is the Chair of the Fayetteville Housing Authority. She spoke about participating in a productive conversation with a group of stakeholders with many good ideas. She spoke about collaborative thinking with many entities. She encouraged Council to move away from single focus and towards finding multiple objectives. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes January 7, 2020 Page 23 of 32 Simone Cottrell, 521 West Spruce Street spoke in favor of having affordable housing discussions. She spoke about the art culture. Council Member Petty stated the resolution has become primarily symbolic and it is an important symbol. He stated all things should be considered when spending millions of dollars. He stated it is systematic that they pin so many of their hopes under this project because none of their hopes have been addressed previously. He stated he is favor of the resolution. Council Member Gutierrez spoke about why she abstained from the vote previously. She stated we sit under the 2030 Plan and we are always wanting to have attainable housing. She stated if we put this with this item, which parking is very important to creative economy, but a lot of money will be lost if the deadline is not hit. She stated they always need to be thinking about attainable housing, but if they don't get this thing done, money will be lost. Council Member Kinion stated he believes Council and the administration is always open to discuss partnerships. He spoke in favor of the resolution. Council Member Marsh spoke in favor of the resolution. She stated this has been one of the few opportunities Council has had to discuss the Cultural Arts Corridor. She stated she feels that the artist and creatives are not feeling like their needs are being heard. She stated we have tied a parking deck to a Cultural Arts Corridor and made that the prerequisite for Arts and Culture development. She spoke about the obligation to take care of artist and cultural workers. She spoke about private negotiations going on with private landowners and stated RFP's should have been issued to the community. She spoke about housing issues and collaborating. Council Member Smith stated good cities solve for more than one problem simultaneously. He spoke about not spending restricted bond funds on anything besides what voters authorized. He spoke about making good design choices in the projects they build with those funds. He stated they don't have to tie housing to the parking deck, but they need to make sure they don't use the parking deck to preclude the opportunity for housing. He spoke about shared partnerships. Peter Nierengarten, Environmental Director stated the Cultural Arts Corridor is a project that is much larger than just the parking deck discussion. He spoke about the Cultural Arts Corridor partnerships the city has with other entities and projects. Council Member Smith thanked Peter for his work on partnerships. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed 7-1. Council Members Gutierrez, Marsh, Kinion, Petty, Scroggin, Bunch, and Smith voting yes. Council Member Turk voting no. Resolution 16-20 as recorded in the office of the City Clerk Sage Partners, LLC Depot Lot Proposal: A resolution to authorize Mayor Jordan to sign letters of intent with Sage Partners, LLC, on behalf of Fayetteville Depot, LLC and Farmers & Merchants 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 24 of 32 Bank (f/k/a The Bank of Fayetteville), for the purchase of approximately 0.6 acres along with necessary permanent access and temporary construction easements at the northwest corner of West Avenue and Dickson Street for the construction of a replacement parking deck for the total amount of $350,000.00, the conveyance of liner building space and approximately 0.2 acres at the north end of the Civic Plaza. At the December 17, 2019 City Council Meeting this item was tabled to the January 7, 2020 City Council Meeting. Peter Nierengarten, Environmental Director gave a brief description of the resolution. Sterling Hamilton, Sage Partners spoke about the revised letter of intent. He spoke about the time he spent speaking with Greg House and Cary Arsaga. He stated from the community's perspective, they need to preserve the Depot building through the agreement. He spoke about the business continuity around the Arsaga lease. He spoke about people giving their word and being treated fairly through the process. City Attorney Kit Williams: On your future concept it shows the shared alley intersecting with Dickson Street, but it shows the parking deck emptying only into the West Avenue. Would it be your plan that the West Avenue would be able to exit onto the shared alley so they could go directly onto Dickson Street? Sterling Hamilton: That is correct. Council Member Marsh: On your diagram, the liner building says one level first floor deck. Does that mean the entire volume is only one story or does that mean the first floor will be designated for active uses other than parking? Sterling Hamilton: I don't know the answer to that. My assumption would be that we would use the liner portion of the deck to either have a step back version or there would be deck over it depending on how many spaces. I don't have the calculations on it, so I can't tell you exactly. The more liner you can get, the better off we are. We are activating the street level. Council Member Marsh: Has there been an independent appraisal of this property and the one you are proposing we swap with? Sterling Hamilton: I will let the city speak to that. I believe they have an appraisal. Council Member Marsh: I would appreciate a copy being forwarded to Council if one has been done. Council Member Turk: Please expand on your plans for historic preservation. Sterling Hamilton spoke about being able to use instruments for long term historic preservation, such as a Bill of Assurance and Deed Restrictions. He stated he would lean on the legal side of this. He stated there is an intention in the agreement to use an actual mechanism to provide an assurance of preservation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 25 of 32 Council Member Turk: Would you be in support of a historic ordinance that would provide a lot of protection? Sterling Hamilton: It depends on what the ordinance says. City Attorney Kit Williams: An agreement will probably be stronger than an ordinance. What duration were you thinking about offering for the preservation? Sterling Hamilton: I would be making an assumption if I said how long. I was thinking long enough that it wasn't going to be a concern. I don't want to promise indefinite. City Attorney Kit Williams: You need to talk to your owner. Sterling Hamilton: I can't speak for the owner on the total number of years protected. If you do a deed restriction on something, you would have to specify a time limit, otherwise it is restricted. Peter Nierengarten: We have an appraisal on the West Avenue parking lot. Council Member Marsh: What about the land they are proposing to swap? Peter Nierengarten: We do not have an appraisal on their property. In the appraisal, it uses several other sales in the vicinity of the West Avenue parking lot. I would expect that if an appraisal was done on the property across the street, it would come back very similarly. Council Member Marsh stated she had an issue with the process, but believes it's a very nice plan that has been put forward. She spoke about her appreciation for the allocation of space for a future transit hub. She spoke about tabling the item for more time to review. Council Member Scroggin stated he would like to table the resolution. He stated this is a far better plan than he has previously seen. He stated having two parking decks open at the same time on the same street is problematic. Council Member Turk stated she appreciates the new version that was presented. She spoke about wanting more details. She spoke in favor of tabling the item. Susan Norton, Communications and Marketing Director: This presentation is about the letter of intent. The details will be in the contract that will come back to you. City Attorney Kit Williams: We will try to get more details before the next meeting. Eventually all the details would be any proposed contract that we would enter into with them. Susan Norton stated she had been asked to lead the concept drawing on the screen while public comment is being taken. She spoke about Mayor Jordan keeping the time for public comment. Joe Fennel, 1655 Woolsey stated he is in favor of the parking deck at the Depot lot. He stated the majority of the Dickson Street merchants are in favor of the Depot lot. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevi1le-ar.gov City Council Meeting Minutes January 7, 2020 Page 26 of 32 Kendall Curlee, 524 West Prospect stated the footprint plan looks good, but Arsaga's is a one- story building and the parking garage is four levels, which will block the light from the east and won't be visible from the West Street. She spoke about needing elevations. She spoke about the historic nature of the Depot building. She proposed to Council to shorten public comment from five minutes to three minutes per speaker. Kelsey Ferguson, 432 West Holly spoke about Arsaga's being a cultural and artistic business. She spoke about wanting the building to be preserved as a historical building. Council Member Gutierrez: Are you against the Depot lot and for another parking space? Kelsey Ferguson: Yes. JoAnn Kaminsky, 543 Assembly spoke about her connection with the Depot lot. She stated it is a rich place that is a part of the Cultural Arts Corridor. She spoke against putting the parking deck at the Depot lot. Rob Qualls, 2140 Jonquill Road spoke about not being notified about a stakeholder meeting and believes the public should have been notified. He stated the revised letter of intent will give more time to get things right. He stated it looks like the School Street deck is a viable option, but wants more innovative solutions. Susan Norton spoke about the public meeting process. There was a brief discussion about public meetings. Citizen spoke about attending meetings about parking. He spoke about his dissatisfaction with the process. He requested to know if the plan considers the boundary of the Scarpino's property. Sterling Hamilton spoke about trusting the firm that drew the plans. He stated they know what they are doing. He spoke about setback requirements and height limits. Citizen stated Scarpino's is overlapped and there is a level of disdain for reality. He requested to know if the land to the north of the parking depot had been acquired or negotiated in the letter of intent. Peter Nierengarten: I assume you are referring to the location that calls for the access easement running to the north. That property is zoned by the Depot LLC. Citizen: Is that part of the land deal? Peter Nierengarten: An access easement providing for a secondary exit either in that location or south to Dickson Street is included in the letter of intent. Citizen: In the price? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 7, 2020 Page 27 of 32 Peter Nierengarten: Yes. Citizen stated Eric and Charley Lloyd were here earlier, but had to leave. He voiced his concern about cutting through their ice house parking lot to create an access on West Street. He spoke about not feeling involved in the process. He stated he hopes other due diligence is given to the other options on School Street. Steve Clark, Fayetteville Chamber of Commerce President. He stated the Chamber supports the proposal for the Depot lot. He stated that is the beginning and not the end. He spoke about it being the catalyst that will bring future and additional development to the Entertainment District. Bob Stafford, 527 South Sherman requested the letter of intent for viewing. Peter Nierengarten: We will get it added to the Council packet for this agenda item. Susan Norton: This Council packet is on the Cultural Arts Corridor page. There will be a link to everything that is added. Bob Stafford stated this is a two-dimensional plan and would like to see some elevations as an example. He requested to know where the train will be located. Sterling Hamilton: This is a future concept and we have to focus on the heart of the deal. The future potential is here. There are a lot of parties to talk to when it comes to getting the rest of the deal put together, other than the parking deck and the liner building that are shown on the plan. I am confident we will get a solution to the train. I can't promise there is going to be a building there or promise the train will stay or go or how to preserve it, but that is not the issue at hand right now. Bob Stafford requested to see parking spots drawn out on the plan for a more realistic look. He requested to know if anyone had reached out to the ice house owners about an easement. Mayor Jordan: As far as I know we aren't going to take out the ice house. There was a brief discussion about easements. Sterling Hamilton spoke about the two points of access on the site to the deck. Melissa Terry, 701 Southwood Avenue spoke about the dynamic tension between the urgency of the timeline. She requested to know if it would be possible to have a community engagement event where they have design boards to be better informed. Susan Norton: Peter, please describe the timeline when the construction manager and engineer was hired. When can there be more to look at than a footprint? Peter Nierengarten: Under our current timeline, we plan on bringing forward the contract with a design firm at the next City Council meeting. Shortly after that period, we will schedule a kick-off with the design team and they would begin preliminary designs. We have the ability to make that 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 28 of 32 discussion part of a public input component on what is the preferred layout on the selected site. I could see that timeline being in the late winter or early spring. Cary Arsaga, 917 West Cato Springs Road stated he is the owner of Arsaga's at the Depot. He stated the worst place to put the parking deck is in front of his business. He spoke against the parking deck being in front of the Depot. Council Member Bunch moved to allow an additional five minutes for the speaker. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. Cary Arsaga spoke about the letter of intent. He stated while it is being built, he will lose a lot of money. Melanie Dietzel, 1991 North Greenview spoke about local artist displaying their work in Arsaga's coffee shop. She spoke about the Depot being an iconic building. She spoke against a parking deck at the Depot lot. Angela Belford requested to know if there would be an opportunity for public conversation and questions about which lot is chosen. Susan Norton: If you think people will come to listen to the same thing we have heard and will hear again in two weeks, we don't mind having another public meeting. There is not a lot to show until we can hire the design work to be done. Council Member Marsh: The public doesn't want us to show them stuff. They want us to listen to them and their concerns. They want an opportunity for meaningful input that will affect the trajectory of this project. I am glad to see the diagram. This relieves some of my concerns about overshadowing the Depot building. We have an opportunity to develop an interesting urban alley. We need to start thinking about the front of the building as being the trail side. I am interested in what the agreement will be with Greg House. Mayor Jordan: I will see what I can do to try and put some sort of public thing together next week. It was interesting about the ice house. Susan Norton: We will plan to make this presentation between now and the next time you all meet. We will conduct a public meeting with all this material. We don't have additional material. Council Member Bunch made a motion to table the resolution to the January 21, 2020 City Council meeting. Council Member Turk seconded the motion. Upon roll the motion passed unanimously. This resolution was Tabled to the January 21, 2020 City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 29 of 32 New Business: G&W Diesel Service, Inc: A resolution to approve the purchase of a 2020 Pierce ladder fire apparatus from G&W Diesel Service, Inc. in the amount of $1,416,570.00 plus a performance and payment bond at a cost of $4,230.00, pursuant to the Houston -Galveston Area Council cooperative purchasing contract, and to approve a project contingency in the amount of $75,000.00. Brad Hardin, Fire Chief gave a brief description of the resolution. Peter Tonnessen, Ward 3 spoke about the report in the packet. He spoke about infill and narrow streets. He spoke about ISO classifications. Brad Hardin: This is a replacement truck. We are buying a truck that's like what we have currently, except it is more maneuverable. We will be maintaining our ISO 1. We have places all over the city that is hard to get around where the parking is restrictive and this will help us. Council Member Scroggin: Have we ever looked at the insurance change going from an ISO 1 to an ISO 2? Brad Hardin: When you get below an ISO 5, it's our businesses who will recognize it more. It definitely has an impact on the citizens. It is beneficial to everyone. It affects our bond rating. City Attorney Kit Williams: There is another big benefit for someone who suffers from a fire. An ISO 1 rating means you get there more quickly. Health and safety are important and it's not just about the money. Mayor Jordan: If you are a number one Fire Department, why would you try and be number two. Council Member Scroggin moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 17-20 as recorded in the office of the City Clerk Emergency Vehicle Specialists, Inc. Bond Project: A resolution to approve the purchase of a 2020 Pierce impel fire engine apparatus from Emergency Vehicle Specialists, Inc. in the amount of $629,244.00 plus a performance and payment bond at a cost of $1,790.00, pursuant to a Houston -Galveston Area Council cooperative purchasing contract, to approve a project contingency in the amount of $65,000.00, and to approve a budget adjustment. Brad Hardin, Fire Chief gave a brief description of the resolution. Council Member Scroggin moved to approve the resolution. Council Member Smith seconded the motion. Upon roll call the resolution passed unanimously. Resolution 18-20 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 January 7, 2020 Page 30 of 32 VAC 19-6922: 627 N. Leverett Ave./Cajakajo, Inc.: An ordinance to approve VAC 19-6922 for property located 627 North Leverett Avenue 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 the Planning Commission and staff recommend approval. Council Member Marsh moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6273 as Recorded in the office of the City Clerk Amerlux, LLC: An ordinance to waive the requirements of formal competitive bidding and authorize the purchase of street light poles and fixtures manufactured by Amerlux, LLC for city- wide transportation infrastructure projects through December 31, 2030. City Attorney Kit Williams read the ordinance. Terry Gulley, Transportation Services Director gave a brief description of the ordinance. Council Member Scroggin: If they raise the price, we can come back and talk about this? Terry Gulley: Yes. There was a brief discussion about the process and the history. 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. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fa yettev i I I e -a r gov City Council Meeting Minutes January 7, 2020 Page 31 of 32 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 unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6274 as Recorded in the office of the City Clerk American Electric Power Bond Project: An ordinance to waive competitive bidding for payments to or contracts with AEP/SWEPCO and Ozarks Electric Cooperative Corporation for the costs of relocating electric utility poles and power lines necessitated by transportation, engineering, or utility projects within AEP/SWEPCO's or Ozarks Electric's area of service, to approve a payment in the amount $33,577.00 for utility relocations associated with the Boxwood Addition Drainage Project, and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Matt Casey, Engineering Design Manager gave a brief description of the ordinance. 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 Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6275 as Recorded in the office of the City Clerk Arkansas Nonpoint Source Pollution Management Program: A resolution to authorize an application for a Clean Water Act grant from the Arkansas Nonpoint Source Pollution Management Program in the amount of $300,000.00 for the installation of low impact development stormwater management elements in the Cultural Arts Corridor Civic Space. Peter Nierengarten, Environmental Director gave a brief description of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes January 7, 2020 Page 32 of 32 Council Member Turk: I want to commend you all for doing that. I think this is great and keep up the good work. Mayor Jordan: This is one of my favorite things we have done in a while. Peter, great work. Council Member Scroggin moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 19-20 as recorded in the office of the City Clerk Announcements: Susan Norton, Communications & Marketing Director spoke about the locations for the food waste composting drop-off. She stated the information can be viewed on the City of Fayetteville website. City Council Agenda Session Presentations: Agenda Session Presentation - Purchase of Chevy Tahoe Police pursuit vehicles versus other Police pursuit vehicles. Agenda Session Presentation - Sales Tax Report & Energy Report - Paul Becker & Peter Nierengarten. City Council Tour: None _; j ". � - -, 62� Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov