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HomeMy WebLinkAbout2020-11-17 - Minutes -Council Member Sonia Gutierrez Ward 1 Position i Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position l 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 November 17, 2020 City Council Meeting Minutes November 17, 2020 Page 1 of 24 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on November 17, 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. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Members Sonia Gutierrez, Sarah Marsh, Mark Kinion, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, and Kyle Smith joined the meeting via online using a video conferencing service called Zoom. Council Member Petty arrived after Roll Call. Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Police Chief Mike Reynolds, Fire Chief Brad Hardin, Chief Financial Officer Paul Becker, and two staff members from the IT Department were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: In light of the current health concerns, Fayetteville City Hall is closed to the public. This meeting is being held virtually. I am present in Council Chambers with a handful of essential support staff. City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, IT Director Keith Macedo, Police Chief Mike Reynolds, Fire Chief Brad 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 2 of 24 Hardin, Chief Financial Officer Paul Becker, and two representatives from the IT Department. City Council Members, City Staff, and the public are participating online or by phone. Other than those of us you see before you, the voices you hear during the course of this meeting are being recorded for public record and piped into the Council Chambers. Participation remains of the upmost importance to the City of Fayetteville. We have provided many ways to participate in the meeting, which includes contacting Council Members, City Clerk office or city staff prior to the meeting. The meeting can be viewed through Fayetteville's government channel online, YouTube, and joining the Zoom conference by smartphone, tablet or computer. Staff can view when you join the meeting and when you raise your virtual hand. We ask that you refrain from raising your virtual hand until the public comment portion of the item on which you wish to comment. I will provide a longer than usual period of time for you to raise your virtual hand, so as to ensure time to be recognized. Fayetteville residents will be allowed to speak first. When recognized, please state your name and address for the record. Public comment shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None Consent: Approval of the November 5, 2020 City Council Meeting Minutes. Approved RFQ 20-03 Garver LLC: A resolution to authorize a contract with Garver, LLC, pursuant to RFQ 20-03, to provide on -call aviation engineering services for a period of one year with automatic renewals for up to four additional one year terms, and to approve Task Order 1 in an amount not to exceed $20,000.00. Resolution 281-20 as recorded in the office of the City Clerk 2020 Bulletproof Vest Partnership (BVP) Grant Program: A resolution to authorize acceptance of a matching grant award from the 2020 Bulletproof Vest Partnership program in the amount of $21,200.00 for the replacement of body armor vests for Fayetteville Police Officers, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayettevilie-ar.gov City Council Meeting Minutes November 17, 2020 Page 3 of 24 Resolution 282-20 as recorded in the office of the City Clerk Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 1.2.3 Bias Based Profiling Prohibited; 22.2.8 Military Activations; and 49.1.1 Peer to Peer Support Program. Resolution 283-20 as recorded in the office of the City Clerk Advanced Information Management (AIM): A resolution to authorize the destruction of certain records shown on the attached affidavits pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records. Resolution 284-20 as recorded in the office of the City Clerk Mohawk Resources LTD: A resolution to approve the purchase of a truck lift from Mohawk Resources LTD in the amount of $37,488.86 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by the Fleet Operations Division. Resolution 285-20 as recorded in the office of the City Clerk Bid #20-82 Second Nature Landscapes, Inc.: A resolution to award Bid 420-82 and authorize a contract with Second Nature Landscapes, Inc. in the amount of $134,397.50 for the installation and maintenance of trees along Rupple Road and Old Wire Road, to approve a project contingency in the amount of $13,000.00, and to approve a budget adjustment. Resolution 286-20 as recorded in the office of the City Clerk Bid #20-80 Legacy Construction Management, Inc.: A resolution to award Bid #20-80 and authorize a contract with Legacy Construction Management, Inc. in the amount of $378,794.00 for construction services associated with additions, repairs, and replacements at restrooms in multiple city parks, and to approve a project contingency in the amount of $37,236.00. Resolution 287-20 as recorded in the office of the City Clerk Fayetteville Public Library Expansion Project Change Order No. 7: A resolution to approve Change Order No. 7 to the Fayetteville Public Library Expansion Project contract with Crossland Construction Company, Inc. to shift $332,000.00 of the library's scope of work to the city, and to approve a budget adjustment. Resolution 288-20 as recorded in the office of the City Clerk Repeal Resolution No. 245-20 Goodwin & Goodwin, Inc.: A resolution to repeal Resolution No. 245-20, to award Bid #20-71 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of $288,326.10 for the construction of the Palmer Avenue Drainage Improvements Project, ' to approve a project contingency in the amount of $43,240.00, and to approve a budget adjustment — 2019 Drainage Bond Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www,fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 4 of 24 Resolution 289-20 as recorded in the office of the City Clerk RFQ #19-03 Design Workshop, Inc.: A resolution to authorize Mayor Jordan to sign an agreement with Design Workshop, Inc., pursuant to RFQ #19-03, in the amount of $185,739.00 for the development of a new ten-year Park System Master and Strategic Plan, and to approve a project contingency in the amount of $5,000.00. Resolution 290-20 as recorded in the office of the City Clerk Council Member Marsh moved to accept the Consent Agenda as read. Council Member Gutierrez seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty was absent during the vote. Unfinished Business: Markham Hospitality Owner, LLC Access Easement: A resolution to approve the conveyance of a permanent Access Easement to Markham Hospitality Owner, LLC and Markham Residential Owner, LLC across real property owned by the City of Fayetteville. This resolution was tabled indefinitely at the June 4, 2020 City Council meeting. Council Member Gutierrez moved to take the resolution off the table. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty was absent during the vote. City Attorney Kit Williams: I notified the Council a week ago by email that I wanted to add one word to the access easement to specify it's non-exclusive. I think it would have been interpreted as non-exclusive anyway. I want to make it crystal clear that the access that we would be granting to the applicant would not be exclusive. We would still be able to do it and also have access by the public. I have supplied the change to the access easement document last week. I sent out this afternoon a minor change to the resolution, adding the word non-exclusive, to be clear this is not an exclusive easement. I have notified the applicant of this and they had no problems with that. I would ask that there be a motion to amend the resolution and the access easement document to add non-exclusive to the terms. Council Member Kinion moved to amend the documents of the resolution and the attachment, as presented by the City Attorney. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Kinion, Scroggin, Bunch, Turk, Smith, Gutierrez, and Marsh voting yes. Council Member Petty was absent during the vote. Garner Stoll, Development Services Director: This is to implement the approved Planned Zoning District that was approved by City Council, the first phase of it in 2018 and the Preliminary Plat that the Planning Commission approved in January. The acquisition of the easement presently provides access to our water tank. The Preliminary Plat approved by the Planning Commission to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www. fayettevi lle-a r, g ov City Council Meeting Minutes November 17, 2020 Page 5 of 24 minimize the impact on the existing Sain Street and to maximize the tree preservation area, which is about half of these slots. The proposal is to provide rear access, and this would provide that access. It provides public access, both through the trail system into an existing home that is at this location. It implements the approved Planned Zoning District and the approved preliminary plat. The Utilities Department has negotiated an agreement that the developer will seal and overlay to city standards, a 20-foot access street, which would be available to the city and to the public. Lawrence Finn, Applicant's Representative stated he was available to answer any questions. Council Member Scroggin: I got a decent number of emails telling me to vote against this, but I feel like it's about other issues and not about the thing we're talking about. If we were to vote against this, what would happen? Garner Stoll: My impression is that the alternative solution would be to create a parallel driveway. These are large lots. Every size of the slots is a third of an acre. They could dedicate an easement and create a parallel driveway, but we kind of would be getting the worst of all worlds. We wouldn't get our access improved, we'd get two driveways parallel to each other, increased stormwater runoff, and lose trees. Council Member Scroggin: That was my understanding. People are emailing us and saying, save the trees, don't let them do anything, and vote against this. That's actually kind of the opposite of what I'm seeing. Mayor Jordan: You would lose more trees if you vote against this? Garner Stoll: Yes, sir. Lisa Orton, 1663 West Halsell stated her understanding is all the driveways from the seven houses go to the alley. She stated Markham Hospitality Owner doesn't need to purchase an access easement from the city in order to build their proposed seven house development because all the driveways are going to that little alley. She stated this is a historic wooded pasture. She stated there's one exit onto Markham Road and that's sufficient and many people prefer living on a dead end street or alley, because there is no through traffic. She stated she does not see how they think they'll lose more trees. She stated the driveway is going back to the alley. She stated the neighbors in the area want their properties protected from excess traffic. She stated there's opposition of the Markham Hill Development with over 10,000 on the petition. She spoke about the Preliminary Plat approval. She stated the seven house development would destroy the 1930's barn horse pasture and rock wall. She requested to know who is requesting to buy an access easement on the city land and what are their percentages of ownership of the Markham Hill property. She spoke in opposition of the resolution. Martha Sutherland, 1928 Haskell Heights stated the road is very narrow up there and it has a very steep ditch on either side. She requested to know what would be done about the road and ditches. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 6 of 24 Mayor Jordan: Garner, how have you determined you would lose more trees if the Council does not support this? Garner Stoll: You would have to get alternative access to meet the conditions of the Preliminary Plat, which would create a parallel drive that is presently covered with trees immediately north of this drive. If you assume Miss Orton's solution, it would take a variance to allow a cul-de-sac and a turn around. It would not only create a dead end street serving seven lots when our city requirements required two access points, rather than a cul-de-sac, but it would also take out more trees. The reason the front loaded solution wasn't chosen is the existing street is lined with trees and that's an easement, just west of the street. This Preliminary Plat has a tree preservation plan approved by our Forester that preserves 42% of the existing canopy. The Planned Zoning District requires 25 and many of those trees are right along Sain Street, immediately to the west. If you did an individual driveway, front loaded, you would disturb more of them. Mayor Jordan: It's already zoned to do the front loaded drives, anyway? Garner Stoll: No. It requires rear loaded. The Preliminary Plat requires access off the alley. This is just implementing the plat, which is a connection to the alleyway that comes from Markham south along the seven rear lots so it can be alley loaded. That disturbs the tree canopy less than the other solutions. Council Member Scroggin: There seemed to be a question about ownership. If we were turning down resolutions and ordinances based on who somebody is and not what they're asking, would that be a legal liability? City Attorney Kit Williams: That would certainly be a problem. Whether it be a zoning, development or whatever, you're supposed to look at that from an objective standpoint and not a subjective standpoint. You are supposed to look at the land and do what is in the best interest of the city. If you had someone, that every time they developed, didn't follow the rules and violated the Preliminary Plat, you could possibly look at that developer more carefully. Almost always, you should just look at the land and the proposed development. We will require developers to follow the rules and to obey the Preliminary Plat or their zoning district. Normally, you would never look at the personalities involved and try to make a decision because somebody is local or not local or whether you like someone, or you don't like them. Council Member Scroggin: Thank you. Council Member Turk: I don't know how many of my Council Member colleagues have been up to Markham Hill and looked at this area. It is very wooded. It is very narrow and a tight street with big ditches. The FedEx truck can barely get down there. Adding another access point on city property for the seven households, is going to create some traffic concerns and problem. This Markham Hill development should have never been passed or gone through. Now we're faced with some of the real consequences and challenges of that action. I don't think this is a good idea. I would prefer a variance with a cul-de-sac and cutting off traffic on that very narrow street. I will be voting against this. There are going to be a lot of trees cut down in the process of building those homes. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 7 of 24 Council Member Kinion: I see the situation similar to Council Member Turk. This is a tough situation and thank you Council Member Turk for bringing that information to us to consider. Council Member Smith: I would caution against introducing false dichotomies to the conversation, especially as it comes to how many trees will be cut down for the development. That's a conversation we had two and a half years ago. That was a unanimous decision at the time because we did the evaluation carefully. The plan that we are seeing now preserves far more trees than the previous zoning did. The traffic is kind of the key point. One of the things I've been hearing in this area since the earliest conversations about Markham Hill development, was about emergency vehicle access and the difficulties on some of these narrow streets. This would provide a secondary access, not only these seven houses, but also the ones that are further down Sain. I don't think we're going to be pushing a drastic amount of increased traffic. We are not required to sell this to any developer that asks, but saying no to it isn't going to stop the development that's already been approved here. They do have a right to access the streets. Selling this access to them means that they won't have to access the streets through another means. We don't have an opportunity to stop the development, but we do have an opportunity to help it be better than it would be otherwise. I will be supporting it. Council Member Marsh moved to approve the resolution. Council Member Petty seconded the motion. Upon roll call the resolution passed 5-3. Council Members Petty, Scroggin, Bunch, Smith, and Marsh voting yes. Council Members Kinion, Turk, and Gutierrez voting no. Resolution 291-20 as recorded in the office of the City Clerk New Business: Multi -Craft Contractors, Inc.: An ordinance to waive formal competitive bidding and accept a quote in the amount of $29,750.00 from Multi -Craft Contractors, Inc. for repairs to a pump station damaged in a motor vehicle accident, to approve a project contingency in the amount of $2,975.00, to authorize the Mayor to sign a Release of Property Damage related to the vehicle accident, and to accept insurance funds in the amount of $25,000.00 as a settlement of all claims. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: I worked on this with Andrea from the Purchasing Department. The damage that was done was substantial. We are going to scrape it off, remove it, and put a new shed in there and make sure all the pipes are connected. It's a totally new shed we are getting now. When you get a policy limits offer that's almost as much as a full replacement of the property that was damaged, it's a pretty good offer. It's really as much as a city could almost possibly receive if we decided to file suit and tried to go in that direction. We wouldn't be suing the insurance company. We'd be suing the individual who probably failed to put on his security chain from the truck to the trailer. This is a very good settlement for the City of Fayetteville. I strongly recommend its approval. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 8 of 24 Paul Becker, Chief Financial Officer: This is probably as good an offer as we are going to get. To take it to court is always a risk and it's expensive to do. Council Member Kinion: This went to the Water, Sewer & Solid Waste Committee. It was unanimous to bring it forward for consideration by City Council. Council Member Kinion 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 Kinion moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6378 as Recorded in the office of the City Clerk VAC 2020-004 (800 Block of N. Park Ave./Park Ave. Alley): An ordinance to approve VAC 20-004 for property located in the 800 block of North Park Avenue to vacate a portion of alley right-of-way. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated staff and the Planning Commission are very hesitant to recommend approval of vacating alleys because they frequently are very useful and can provide rear access and facilitate desirable future development. He spoke about the reasons why this is an exception. He stated it is presently occupied by large trees, accessory structures and fences. He stated Planning Commission and staff recommend the right-of-way vacation, but to retain the easement. Tammy Smith, Applicant stated there are 12 families that have properties that butt -up to the alley. She stated all the families and all the utility companies are in agreement that this would be a great way to preserve the tree canopy in this area. She spoke about the various species of trees that are within the alley. She spoke about the striking amount of flora and fauna that is supported by the alley. She stated one of the other things she recognized is that 847 Park is at a higher elevation than the homes that are at West Prospect. She stated one of the things that happens is there's a fair amount of flow of water that goes downhill and there's some mitigation for flooding that is in Wilson Park. She stated the trees are doing a good job of mitigating some of the water going down and ending in the park and the Illinois Watershed because they're drinking it up with their root system. She stated the homes in the city park addition were built primarily before 1946. She stated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 9 of 24 the need for the alley is mitigated by the fact that these homes have been here a long time and they are not likely to go anywhere. Council Member Smith: Garner, I'm glad you pointed out the reluctance for staff to come to this position. Generally, I would have a similar predisposition to retaining future flexibility. Is there a threat in the current situation to the trees that were trying to head off? Is there a pending development we were expecting here that we're trying to get ahead of? Garner Stoll: I'm not aware of any pending development. If it's a dedicated alley, one could take advantage of that. We were very reluctant on staff side. One thing that's very different here from a typical alley is 15-foot width. There's no way with modern equipment that you could put that alleyway through there without obtaining additional consent from the adjacent property owners and they are now asking to vacate it. It seems like this is a little bit of an exception to our normal rule, which is, let's keep our grid and our alleys. Council Member Smith: When there are trees in a public right-of-way, who owns them? Garner Stoll: The public does. Council Member Smith: Even though they kind of behave like they're in somebody's yard now, would the landowner adjacent be allowed to go cut those down without authorization? Garner Stoll: That's a question that deserves some attention in Fayetteville. Technically, no, although we really don't have the mechanisms to prevent that. Council Member Smith: If we vacate the right-of-way and these are in private land in an RSF-4 district, is there anything preventing them from being cut then? Garner Stoll: No. Meredith Mahan, 803 Park Avenue stated the Planning Commission thought really hard about this and she feels like their conclusion to recommend vacating it is well thought out and important for the city. She stated the intention of the petition is to preserve the beauty and trees in the alley and help them endure. She stated the land has historically become an integral part of the adjoining properties and the properties protect the land. She stated the alley behind her home is impassable and the tree density is thick. She stated the landscape and foliage provide important control of stormwater runoff. She stated this area enhances the neighborhood and adds to the beauty of the city. Beth Barham spoke about the character of the overall neighborhood. She stated Wilson Park is the oldest and most used city park. She spoke about the many people that visit the park. She spoke about safety. She spoke about walkable streets and livable communities. She requested Council to leave the alleyway as it is. David Jackson, 817 North Park stated if you ever walk down Park Avenue to Prospect, it's a steep grade and has a lot of water going down the street. He stated if that was an open alley, there would 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 17, 2020 Page 10 of 24 be a lot of erosion that would head down the hill behind the houses. He spoke about Wilson Park being a treasure for everyone. He spoke about preserving the trees. Peter Roe stated there are a number of trees that are directly in the alley or adjacent to the alley that could be affected by opening it up and making it a right-of-way that has been here for a significant amount of time. He spoke about the history of a sycamore tree that is on his property. He stated if the vacate were to be given, the homeowners along the alleyway will protect the trees. Council Member Kinion: Tammy Smith said she has received a written copy of comments from Mr. Caraway and she has requested time to read them. Tammy Smith: This is a text from Steve Caraway. There could be a cost to the city. When trees in the alley fall, the property owners have paid for the cost. Happened twice to us. We will ask the city to pay for this, going forward. Council Member Kinion 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 Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion: During the construction of buildings at the VA Hospital, there was an excessive amount of runoff that ran down through the neighborhood. One of the areas that was not as highly impacted off of Park or off of Woolsey, was this area where the water ran heavily. The velocity was slowed because of the vegetation in this alleyway. That is a direct example of the water running down from VA Hill through the neighborhood for the vegetation and the trees that protected some of the runoff. We do have a lot of erosion on the north side of the park where this runoff does accumulate. It's good to approve this vacation so that it can be maintained as it is. Council Member Smith: Something is nagging me about this. It's got me sitting on the fence and just barely tilting towards voting against this. I'm trying hard to convince myself to change my mind. Garner, I know folks have a right to access it, but without a road there, does that mean somebody mid -block could pave the entire length of the thing for everyone else? Is that what we are guarding against? Garner Stoll: Yes. Not likely, but somebody theoretically could. It's dedicated right-of-way. It's for public passage. It can be improved. Council Member Smith: We would not have the ability to decline that for just a single driveway? Garner Stoll: Not if they can construct it within that dedicated right-of-way. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 11 of 24 Council Member Smith: I think that's what I needed to convince me. Thank you. Council Member Gutierrez: I want to commend the neighbors for getting organized and coming together. We've dealt with something very similar last year in Ward 1. It was very unfortunate that they weren't able to get organized to show pictures. Those were very convincing for me. I'd hate to lose those trees Council Member Turk: I was fortunate enough to walk that alley last week. In some ways I don't think the pictures that were presented do it justice. It is very lush and really grown up. There is lots of vegetation there. There is a steep incline that would not lend itself well to having a paved road put through there. It's clearly been that way for many years. If an alley was constructed through there, it would do an incredible amount of damage. It's much more wild and rugged than maybe the pictures showed. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6379 as Recorded in the office of the City Clerk RZN 2020-015 (NE of Zion Rd. & Randal Pl./La Hacienda of NWA): An ordinance to rezone that property described in rezoning petition RZN 20-015 located Northwest of Zion Road and Randal Place for approximately 3.27 acres from RMF-24, Residential Multi Family, 24 units per acre and R-O, Residential Office to RI-U, Residential Intermediate -Urban and CS, Community Services. City Attorney Kit Williams read the ordinance. Garner Stoll, Development Services Director gave a brief description of the ordinance. He stated there were no issues identified and the Planning Commission and staff recommended approval. Brian Teague, Applicant's Representative: I'm with Community by Design. We feel like this proposal is better in accordance with the city's future land use plans. We feel that the RI-U zoning will encourage and enable the construction of smaller scaled residential buildings that will better match the neighborhood. We feel like the CS zoning will encourage and make possible walkable main street type retail destinations for the surrounding neighborhood. I ask that the City Council support this proposal. Council Member Turk: I know there are residences to the west on Randall Place. I'm guessing they were notified because they were within 200 feet. Is that correct? Garner Stoll: Yes, that's correct. Council Member Turk: Did you have any response or any inquiries from them at all on this �) rezoning? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 12 of 24 Garner Stoll: I'm not aware of any feedback. Council Member Turk: Thank you. Council Member Petty moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Marsh moved to suspend the rules and go to the third and final reading. Council Member Gutierrez seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Kinion: When you look at the infill matrix score, it's 7.5 out of 17. I think in the northeast or northwest corner there was some concern. It doesn't seem like this is a very high infill matrix. I need some more information on that so I can understand. Garner Stoll: The Planning Commission has a multiplier that they apply to theirs, which the Council has not adopted. If you take the raw score, which I use because you haven't weighed in on that multiplier, it's actually five to six, out of 12. I would call that a mid -level score. It's certainly not a high score and that's not a low score. Council Member Kinion: Specifically, what negatively impacted the score? Garner Stoll: I could get you that from the staff report. Council Member Kinion: The positive elements are outlined in the information we got, but it didn't say what wasn't good about it. I'm going to support this based on what I've read, but I still have that curiosity. Garner Stoll: I understand. We looked at negative scores and we really don't have any. So, it's a lack of accumulated positives that creates the low score. There are no negatives. Council Member Smith: I have the GIS map to answer Council Member Kinion's question. It's missing sufficient intersection density. It's not within the master plan area, it's not near a public school or a Razorback bus stop. It's not a sewer main. It's not the 71-B Corridor and it's not near the U of A campus. Those are the ones that are missing. Some of those you're not going to change based on not being able to pick up land and move it closer to the university, for example. Since I'm not going to have many more opportunities to talk about the infill matrix, I'd like to remind us that when we talked about that, one of the ideas for how it could be used as not a necessarily scoring properties readiness for infill, but as evaluating our existing infrastructure for areas that may need to be invested in, so they will become ready for infill. It's a useful tool for identifying the areas where we still have work to do to get the land ready. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 17, 2020 Page 13 of 24 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6380 as Recorded in the office of the City Clerk Grading Permit Appeal: A resolution to grant the appeal of Manny Terminella regarding a notice of violation issued by the City Engineering Division for failure to obtain a grading permit for work being performed at 3180 East Township Street. Mayor Jordan: Mr. Terminella, since you are appealing, we will let you go first. You have 10 minutes to speak. Manny Terminella, Applicant: I assume that everyone's read the emails and all the papers that are attached to this deal. I have a large backyard with about 20 acres. I want to drive off my existing driveway to my access at Brookbury. I got some loads of fill, dozer and a roller. I started to make my drive to improve it. Apparently there was one complainer. Reading the documents, everything I'm doing falls outside of needing a grading permit. Looking at the official last email I got, staff is recommending denial because I used heavy construction equipment. I don't know any other way to smooth down red hillside and make it stay, other than using a bulldozer. Minor fill, clearing or grading are all the things that I was doing and it's landscaping. I was shaving off some of my backyard, getting rid of some underbrush and making it so I can have a bigger backyard. I didn't feel like I needed a permit to do it. I'm well away from any other neighbor. I feel like somebody got excited in things and turned it into a situation which was unnecessary. Chris Brown, City Engineer: This is a picture of the vicinity map of where this activity took place. October 15, 2020 we received a complaint. It came through the City Attorney's office about heavy construction equipment that was occurring on some property east of Candlewood Drive and north of Township Street. We looked to see if there were any active permits and there were not. We sent out a Code Enforcement Officer, which is our typical procedure. The Code Enforcement went out and took some pictures and I'll go through those. Here are some pictures of the tree removal, grading taking place, and other pictures of the pad being constructed. Based on these pictures, we did issue a violation to Mr. Terminella on the 16th. We received a call from Mr. Terminella subsequent to that asking about it and saying that he didn't feel like he needed a permit. We scheduled a meeting to go out and review the site a little more closely to make a final determination. Mr. Terminella canceled that meeting. He said he read the code and felt like he was working within the code and did not require a permit. We made a final determination that there was a violation, based on the pictures that we've seen and issued that violation. We gave Mr. Terminella information on how he could appeal that. On October 26, 2020 he did appeal. There are six items in the code that allow exemptions. One is excavation below finished grade as part of a building permit. Two is cemetery graves. Three is refuse disposal and none of those have any validity here. Four as a single family home or duplex, that's included as part of a building permit. Building additions less than 2,000 square feet that are within the Hillside Hilltop Overlay District and isn't applicable here. The only item that is applicable is item six, which is other minor fill, clearing, grading for maintenance purposes, such as landscaping, yard grading, maintenance, farming, gardens and similar activities. As we interpret this, we typically look at what kind of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 17, 2020 Page 14 of 24 activities are occurring and what kind of equipment is being used to do those activities. When we see truckloads of material being brought in, heavy equipment dozers and compaction equipment, then we make the determination that a permit is required. Our determination was that it did not meet the exemption under item number six in the code and that a grading permit is required. Council Member Turk: Is the violation a fine and how much is that? Did you all give Mr. Terminella an opportunity to fill out a permit before the violation was issued or was that any part of the conversation? Chris Brown: We typically will issue a violation, like this. The remedy to that is to request a permit. Then we inspect, review and make sure they are complying with the permit requirements. Kit can talk a little bit about the fine. There are fines attached to this, but as I understand it, you have to get all the way through the process of the violation through the Prosecutor's office. City Attorney Kit Williams: The goal is not to collect a fine. The goal is to have someone that needs to have a permit to do grading, get it. We're trying to stop erosion problems and stormwater problems that we have seen in the past when someone doesn't have a permit and has not taken proper measures to control the runoff. The goal is to try to prevent problems that can affect the city and the neighbors when a grading permit has not been obtained and no measures have been taken to stabilize. All we wanted Mr. Terminella to do is get a grading permit so we could inspect what he's doing. The less he does, the less erosion control measures he will need to take. In this particular case, Mr. Terminella has taken the position that he doesn't need a grading permit. The City Council has given the City Engineer the duty to interpret the grading chapter. His explanation was there were truckloads of red dirt being brought onto the property and being moved around by a bulldozer. If you look at the pictures, I don't see any silt fences up and I think that caused our City Engineer to be concerned. The City Engineer sent notice to Mr. Terminella about the violation and that he needed to get a permit so we can inspect and make sure everything is okay. We are not looking to get a fine from Mr. Terminella, we just want compliance with our grading chapter. Council Member Kinion: When you are looking at the code, it does mention residential property and landscaping. Those are two elements I can be empathetic with the argument that this is a private residence and doing landscaping to get access. Could we table this and encourage Mr. Terminella to further seek counsel with the city to come up with a resolution and maybe work out to get a permit? Or is it beyond that? City Attorney Kit Williams: No, I don't think it's ever beyond that. What we're trying to do is get compliance with our grading chapter. In my 19 years as City Attorney, this is the first grading permit that I can remember ever being appealed. The easy solution is to have a grading permit applied for, granted and have our Engineering staff take a quick look at what Mr. Terminella has done and is trying to do and see whether or not erosion control measures are needed. The goal of the city is to try to do something like this, without having to resort to the courts. That's not where we're looking at going. I think Mr. Terminella has been able to apply for a building permit ever since the original notice, even before that, but after getting notice he's still eligible to do that. I would encourage him to do that and this can be easily resolved that way. A grading permit is not expensive, especially when you consider the cost of bulldozers and dump truck loads of red dirt. Most of the erosion control measures that would be required, if any, are fairly inexpensive to do. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 17, 2020 Page 15 of 24 I encourage that a grading permit be applied for and if he does do that and then follows the guidelines from our Engineering Department about what should be done, this violation notice goes away. If you want to table to see if Mr. Terminella wants to apply for the grading permit, that would be in order. I have not heard Mr. Terminella indicate he might consent to obtaining a grading permit and don't know whether it would be effective if you tabled. Council Member Kinion: I applaud Mr. Terminella for utilizing the appeal process that is in place. I'm sorry, no one has used it in the past, but it is there as a measure to be considered. We should offer this to be tabled since we've had the discussion and perhaps there can be a resolution in the meantime. I need to know some points of view from other Council Members and Mr. Terminella. Council Member Petty: Mr. Terminella said he didn't understand why he needed a grading permit when all he was doing was removing vegetation, leveling the ground, and smoothing it out. That to me sounds like grading. What I see in these pictures is not landscaping. Our law says that we need a grading permit for this. Mr. Terminella disputes that it applies to him. I'm not in favor of tabling it because the decision tonight in front of the Council is about whether or not we do require a grading permit. It's up to Mr. Terminella whether or not he wants to comply with the law. Council Member Scroggin: I agree with that. The question is, does he have heavy equipment. That's clearly heavy equipment. Probably only 1 out of 500 people in the city can drive that equipment or even move it around. That is clearly not landscaping. That is serious movement of dirt. If it doesn't require anything, the permit will show that. The process of talking through this is going through the permit. I believe we should go through the process and that's how the city has that conversation. If we find out that we don't need anything, then we won't need anything. Mayor Jordan: Mr. Terminella, the question has been asked if you would get a grading permit, which is where we started with all this. Manny Terminella: I'm not just landscaping. I'm maintaining my drive. It sounds like you can't have a bulldozer on your property unless you get a grading permit, regardless of what you're doing. If you get a load of red dirt on your property, smooth it out six inches thick, compact it down, you need a grading permit if you're trying to build a base for your driveway so it won't wash away. Like I said in my email correspondence with the City Engineer, I'm doing yard grading, driveway maintenance, and ultimately some farming. The landscaping is a portion of it. The backyard where that truck is parked is now the same elevation as my existing backyard. There was supposed to be probably 50 more truck loads so I could establish a base all the way to Brookbury and I wouldn't drive in mud in the rain or dust in the in the dry. I quit when all this came up. I can't have a bulldozer out there for two weeks doing nothing. I don't know that I need anything now. It isn't that I didn't want the city out there to look at it. Based upon what happened to me with my City Council representative, some things got misinterpreted and put on Facebook. The violation got changed to illegally burning and clear cutting. Somebody said it was my brother doing it. I wasn't interested in getting city officials out there to potentially misrepresent what was going on and take pictures and post them. I'm trying to follow through and put an end to it. I'm just going to drive on dirt now to Brookbury. I'm not going to fix my road. The heavy construction equipment, this is first time I've seen it in their email to deny. It doesn't say it anywhere in the code that's a stipulation. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes November 17, 2020 Page 16 of 24 What is heavy equipment? A bulldozer? Is my 28 horsepower tractor heavy equipment or is that okay? I've been using that out there since 1983. I need a little bit more clarification because it sounds like I can't do anything without a grading permit. Mayor Jordan: You don't feel that you need to get a grading permit? Correct? Manny Terminella: I think what I'm doing falls under the exemptions of number six. Maybe you can tell me how to get a grading permit. Do you have to hire an engineering firm to get one or is it something you fill out yourself? Chris Brown: City Engineer: The typical process and what the code talks about is that the grading plan must be prepared by an engineer. However, we do have in certain instances the ability to provide administrative variance for that. In a situation like this, we are interested in the stormwater controls, protection of water quality, some perimeter control in looking at how the stormwater flows across the site and how we need to protect that flowing off site onto other properties. I think in most all cases, far enough away from property lines, that he may not be impacting other properties from a fill standpoint. We would be most concerned about the erosion control and that sort of thing. We could work with him. He would need some sort of site plan and plan for protecting water quality. We need to see the scope of work of what he intends to do, so we know what the extent of grading is. The permit is a minimum of $75 for less than half an acre and then it goes up to a $200 fee for anything over an acre. It's a relatively nominal fee. Manny Terminella: It's not necessarily the cost of the permit. That's not my problem here. I went into this thinking I didn't need a permit. I made it perfectly clear that I'd get a permit if I needed one. I was talking to Jonathan Ely and asked him to clarify to me what I needed to do and then boom, I get the violation. I made it perfectly clear from the beginning I'd get a permit if that's what was necessary. Then a bunch of other stuff started happening, which I didn't understand and I didn't want to get involved in. I am not going to do any more work and I'm not going to get a permit because I'm done. I can assure you there's no runoff going anywhere. I'm 1,000 feet away from anything. The reason I'm speaking at this meeting is because I've got thousands of feet of driveway. If I've got to get a grading permit every time it washes out and I want to put a load of gravel in and smooth it out, that's going to be awful burdensome on me. I'm a little bit confused on this construction equipment, because it looks like that was just thrown in there. It seems like if that was a stipulation, it would be in the code. No one said anything about that until this denial came. I don't need to continue the project. Council Member Smith: It seems like we got a little astray of what's in front of us. The resolution essentially asks us to overrule our City Engineer and make a decision about whether or not a permit was required under Section 169.03 (C). It's pretty clear that all grading, clearing, filling, excavation or land alteration of any kind, unless it's exempted. We've heard the words grading and clearing out of Mr. Terminella's mouth tonight. The pictures show there's been both of those. The exceptions, which Chris pointed us to Subsection (C) and it says, other minor fill, clearing or grading for maintenance purposes such as, not maintenance purposes and these other things, but maintenance purposes, including landscaping. We hear there may be a little bit of landscaping and yard grading. In farming and gardens, I'm not sure what you're growing in red clay like that. We were told that a driveway is being built here and that is clearly not exempt in section six. If you're 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 17, 2020 Page 17 of 24 reading the code, this required a permit. Kit, do we need a motion to deny the appeal or do we need to not motion to approve it? City Attorney Kit Williams: It's like any appeal. The burden is on the person appealing. In this case, Mr. Terminella, and that's why there is a resolution to grant the appeal. This resolution would have to be voted down in order to deny his appeal. Peter Tonnessen: Ward 3: If there's no allegation that the red clay from Mr. Terminella's driveway is intruding on anyone else's land or into public waters and he has 20 acres, he'd have to pay at least $200. If there's no intrusion from his activity on his land into somebody else's legal interest, what right does the city government have to intrude onto his property rights and require this $200 permit so that he can do what he wants to do on his land. I don't see the legal justification for this. Government is way too intrusive when they can do this to someone. Now, if he had a quarter acre and he was dumping a lot of dirt on his land and through erosion, it might flow onto neighbor's land, into waters or city sewers, then I think that's an issue. This doesn't seem fair. City Attorney Kit Williams: The reason we have these kinds of regulations is not to only react when something bad has happened, but to try to prevent something bad from happening. We want to inspect it, look at the situation, and then determine if anything is necessary to prevent the kind of problems our grading ordinances have tried to address. We don't want to wait until there's a terrible erosion problem and then go give a person a ticket for doing that. Instead, we want to have a permit done so the city can look at the major equipment being used and the red dirt being brought in to see whether or not something needs to happen and erosion control measures need to be in place or not. If we just wait for catastrophe to happen before the city wants to move forward, we're going to have a lot more problems than what we should. This regulation and this enforcement in trying to get a permit is a proactive way to try to prevent problems from occurring in the first place. Council Member Kinion requested clarification on the voting of the resolution. City Attorney Kit Williams: The resolution is to grant the appeal. If you do not want to grant the appeal and you want to sustain what Chris Brown has done in issuing the violation order, then you would vote no and the appeal would be denied. Council Member Kinion: I was hoping for a nice resolution and something agreeable. That didn't seem to happen and I'm ready to vote. Council Member Smith moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution failed unanimously. The resolution failed City Attorney Kit Williams: The appeal is denied. I would still encourage Mr. Terminella, if you have a project you want to do, the city is not going to stop you from doing the project. Please follow the regulations and try to get a grading permit, which I'm sure will be issued. You can do whatever you want to do on your land if it's not adversely affecting other property. I know you said you stopped and don't want to do anything else. That's your decision, but you can do the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 18 of 24 project you want if you follow the rules and get a permit. The city can look at what you're doing and see if any erosion control measures are needed. RFQ-19-01 Olsson, Inc. Amendment #2: A resolution to approve Amendment No. 2 to the professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. Wade Abernathy, Bond Projects and Construction Manager: We would like to table this item while Kit Williams works to finalize the contract with the developers. Mayor Jordan: We are asking the Council to table until the contract is ready? City Attorney Kit Williams: Until the next meeting. Council Member Smith: Are we expecting that the contract will be ready by the next meeting? Mayor Jordan: I hope so. City Attorney Kit Williams: We've been talking about this for a long time and we need to get something done. I hope this is going to be a wakeup call for the other side to make sure we can come to an agreement and get this moving. If there's not a contract that they will agree to, then we have to look at other locations. I hope that we will have an approved contract for you at the next meeting. Council Member Smith: It's been over a year that we've been talking about the carrying costs of this negotiation. What is our backup plan? City Attorney Kit Williams: We are trying not to have a backup plan, but there are two other legal sites that this could be on. It could either be the School Street lot or the Walton Arts Center lot, but we're still trying to push forward to get a good contract for the Depot lot. Council Member Scroggin moved to table the resolution to the December 1, 2020 City Council meeting. Council Member Petty seconded the motion. Upon roll call the motion passed unanimously. This resolution was tabled to the December 1, 2020 City Council Meeting. Economic Development Administration Grant: A resolution to authorize acceptance of an 80/20 Economic Development Administration grant in the amount of $2,000,000.00 for the construction of the Industrial Drive Extension, and to approve a budget adjustment - 2019 Economic Development Bond Project. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 19 of 24 Devin Howland, Director of Economic Vitality gave a brief description of the resolution. He stated the Fayetteville Chamber of Commerce identified this as a need several years ago and he has met with them on the topic of this road, a new number of times. He stated they understood that cost was a barrier for us for this project and they proceeded to work with the Northwest Arkansas Economic Development District to find grant funding to get the project done. He stated if Council accepts the grant, we will have to complete a cultural assessment, per a request from the Arkansas Department of Heritage. He stated the project is to construct a 2,474 linear foot road, from Industrial Drive to City Lake. He stated this road primarily opens up city owned commerce parkland and keeps away from environmentally sensitive parcels to the east. He stated these two components were extremely important to us and we wanted to ensure the project was benefiting land that can only be sold through the City Council. He stated the macro project budget is here, a very minimal reduction in the city's cost of about $12,000 has taken place since we spoke of this in January. He stated given that the grant award of $2 million was slightly lower than we originally requested, we worked with engineering to lower the budget. He stated this match is proposing to use 16% of the funds in question six, which had a total of a little over $3.1 million. He stated should Council accept the grant, a little more than $2.6 million will remain. He stated the project opens up 46 acres of city owned land. He spoke about the project aiding in economic vitality efforts. He stated through the pandemic and the shifts that we've seen in our economy, what's been impressive is that active projects have held steady and we haven't really lost many through this. He stated it completes a critical link in the city's future fiber map. He stated the acceptance with this property will change if the grant is accepted. He stated the position this road places the parcels, is in a much more prime position than it currently is. He stated staff plans on ensuring that they are being proactive about selling this property for its intended use and marketing the sites that they're available, not just for businesses and outside employers in our targeted industry sectors, but also for small businesses and entrepreneurs who may have value in the land. He stated our primary target are quality jobs at $22.43 an hour. Zane Chenault, 2894 East Picasso Place: The Fayetteville Chamber of Commerce in partnership with the Northwest Arkansas Economic Development District, the U.S. Department of Commerce and the City of Fayetteville's Department of Economic Vitality, worked together for many months to secure federal grant from the Economic Development Administration for the road expansion in the city's Commerce District. The EDA has approved to match the city's investment of $500,000 with $2 million generating a 400% return on investment for the city. This grant will fund a road extension in the Commerce District and will immediately open nearly 47 acres of city owned land for development. This area that will be open is ideal for small to medium sized light scale manufacturing facilities. By creating the opportunity for expansion in the Commerce District, we also create access to higher paying jobs for residents who live nearby. This project will contribute for the sustainability of a manufacturing base in Fayetteville and will ensure that Fayetteville remains competitive. I respectfully ask that you approve this grant application. Devin Howland: We are asking for consideration on this item tonight, due to the grant deadline. We have to give a response back to the Economic Development Administration within 30 days of the announcement. We have until about next week to get a response back to Georgia. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes November 17, 2020 Page 20 of 24 Peter Tonnessen, Ward 3: Is every worker and construction worker who is going to work on this project going to be a legal resident? Is every worker and construction worker going to earn $22.43 an hour? Devin Howland: I am happy to respond to the latter question regarding wages. Our stipulation and what we look at with targeting living wage, will be for sale of the property. I cannot speak to the wages that a construction company, whoever would be chosen following the city's procurement process with the Purchasing Division, what they would exactly pay. Our statement of living wage target is for sale of land, which is discounted at $20,000 an acre for companies that we bring to you in the future. Chris Brown, City Engineer: I can answer the question about construction workers. With this being a federal aid project, there are requirements that all contractors have to comply with federal rules and requirements. Typically, there is a minimum wage requirement and it's based on the wage scale of the State of Arkansas. I don't know what all those wage scales are, but there are requirements for the wages to be paid and the construction companies have to provide certified payrolls and other documentation of who they're paying and what they're paying them. Peter Tonnessen: My son is a union iron worker and Americans who are in the construction business need to have their wages protected. If you're protecting the wages of the people who would buy this property, why would you not protect the wages of anyone who is working on this property or on this project. I would like to know before the city passes this, whether all the wages of anybody working on this project are going to be protected, particularly anybody who is an American citizen or a lawful American resident. The citizens and the taxpayers have a right to that information before the City Council votes on this issue. Steve Clark, Fayetteville Chamber of Commerce: This proposal is to take city owned land and make it easier to acquire for businesses who want to do manufacturing in the Commerce District of our city. The discussion that has been brought forward about what the wages will be, is a discussion that's premature. If the acceptance of this grant is approved and we go forward, you should recognize that before one foot of this land changes ownership, those very specific questions can be asked by every member of this City Council. The purchaser of this land, whomever that company might be, is still going to have to have your permission. You have to give your authority and your approval of the sale of the land. Therefore, the details of how that company is going to operate, what wages they're going to pay, what source is their employees, are questions that can be on every sale that occurs. Each time a parcel is sold, our City Council and Mayor will know exactly who's offering to buy it, what they're proposing to do with it, how they will operate the business, what that business is going to pay its employees and all those routinely asked questions. We ask that you accept the grant and let us move forward. Council Member Turk: Mr. Tonnessen, if federal money is involved in a contractual arrangement, the Service Contract Act requires that a wage determination be made for that area and then the hourly wage is set. So, whoever that company is, has to pay at a minimum, that hourly wage. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov J City Council Meeting Minutes November 17, 2020 Page 21 of 24 Mayor Jordan: Thank you, Council Member Turk. Thank you everybody for all the work that they have done on this. It's one of the largest investments that has been received. Is that correct? Devin Howland: Yes, Mayor. Mayor Jordan: This is a good deal for the city. Council Member Gutierrez moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 292-20 as recorded in the office of the City Clerk RFQ # 20-01 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $392,725.00, pursuant to RFQ # 20-01, Selection 21, for the design of the Rolling Hills Drive Project, to authorize the Mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment - 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. He stated the project is reducing the width of the street slightly but providing for a three lane cross section. He stated it will add wider sidewalks and trails along the roadway and providing space for trees. He stated the design is intended to be completed as we go into the next phase of construction and the bond program so that we can move forward with construction. He stated this was reviewed at the Transportation Committee and the committee recommended approval 4-0 and staff recommends approval as well. Council Member Turk: Chris, you mentioned that trails will be along there. I'm assuming those are bike trails. Are those the standard 10-foot width bike trail or are those more similar to what is on the Old Wire Road? Chris Brown: The current cross section is what we're starting with. We'll get public comment and go through the design process, but we're starting with the existing sidewalk on the north side. It's a 6-foot sidewalk and that will be left in place. We are planning a 10-foot walk on the south side that would be a standard multi use path or wide sidewalk. A minimum 6-foot green space on both of those, so we can have street trees along both sides of the road. Council Member Turk: Thank you very much. Council Member Smith moved to approve the resolution. Council Member Marsh seconded the motion. Upon roll call the resolution passed unanimously. Resolution 293-20 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 November 17, 2020 Page 22 of 24 Olsson Associates, Inc. Amendment # 1: A resolution to approve Amendment No. 1 to the professional engineering services agreement with Olsson, Inc. in the amount of $196,190.00 for engineering services related to the design of the Midtown Corridor Project, and to approve a budget adjustment - 2019 Transportation Bond Project. Chris Brown, City Engineer gave a brief description of the resolution. He stated this project is in preliminary design and as we've gone through that process, we've got a few design changes in addition to the project. He stated we had proposed a roundabout at the interchange with I-49 after the traffic patterns determined that leaving the signal there and adding another left turn lane would be more appropriate, which has a reduction in the fee. He stated as part of the Police and Fire Facility, we changed the intersection of Porter and Deane from a proposed signal to a roundabout. He spoke about identifying an alternative route for the trail as we go east toward the Garland intersection, which makes for a much better trail. He stated additional surveying design work are needed for that change. He spoke about identifying the crossing locations and some of the enhancements needed for those crossing locations. He stated we have additional services for right- of-way document preparation as part of this phase. He stated the fee is $196,000 and brings the total fee to $967,000 of which $410,000 is paid from a grant funding. He stated the city's portion is about $550,000. He stated the Transportation Committee recommended in favor 4-0 and staff recommends approval. Council Member Turk: Chris, I want to confirm that the trail is on the north side of Deane Street. Is that correct? Chris Brown: That's correct. Generally, on the north side. As we get to Lynn's Place, which is about three quarters of the way towards Garland, we will be crossing the road going along Lynn's Place along the backside of Tri Cycle Farms that will connect up to Sycamore. Council Member Turk: Great. Thank you. Mayor Jordan: It's going to be a great trail. Thank you to staff and everybody who has worked on this. Council Member Marsh moved to approve the resolution. Council Member Gutierrez seconded the motion. Upon roll call the resolution passed unanimously. Resolution 294-20 as recorded in the office of the City Clerk 2021 Annual Budget and Work Program: A resolution to adopt the 2021 Annual Budget and Work Program. Mayor Jordan: Paul, excellent job on Saturday with presenting the budget. Paul Becker, Chief Financial Officer: Thank you, Mayor. We discussed the budget in length at the Saturday work session, which was streamed to the public. As we discussed at that point in time, we are looking at a very volatile period as far as revenue going forward. Because of this, and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes November 17, 2020 Page 23 of 24 because of analysis, I think things next year are going to be about what they are this year before they pick up substantially in 2022 and forward. With that in mind, we reduced capital in many of the funds, especially in the Water and Sewer fund. We reduced the capital budget by over $15 million this year. Total budget being presented is $171,844,000. That's down about $15.6 million compared to the prior year's budget. We reduced operating items. The General Fund is $49.5 million. We were able to reduce that by $400,000 and the budget is currently budgeted at a deficit of $392,000, however, that's very close to balancing. The one thing not in this budget that we talked about that the administration intends to address, as soon as we feel it's feasible, is our salary increases for the employees. We deferred the discussion of salary increases in March of 2020. The administration intends to look at that as soon as feasible and bring something forward, but it's not incorporated in this budget. The guiding lines of this particular budget are volatile, and we've got to be prepared to adjust if things turn down or things turn up. The overriding issues we looked at that the Mayor instructed was to provide the same level of services, which we believe we have, address salary increases, and to keep society running as efficiently and effectively as possible. Peter Tonnessen, Ward 3 stated everyone admits this is a period of extreme economic volatility and it's a period of minimal public involvement, because of the burden of Zoom meetings and the difficulties people have. He stated this should not be passed on three readings and it presents issues that should be made available to the public as much as possible. He stated he listened to Mr. Becker's presentation Saturday morning and does not understand why the almost 40 pages of exhibits about the budget are not included in the package. He spoke about the Public Library meeting on October 19, 2020. He stated sales tax receipts are greater than expected, but they could decline. He stated there have been no layoffs of public employees. He spoke about Americans who have lost their jobs all over the nation and in Fayetteville. He stated HMR receipts are down. He stated it's rude for public employees to be talking about getting raises when none of them have been laid off. He spoke about an item that was under the Consent section and stated he doesn't understand why the city has taken on for the taxpayers $322,000 of construction that should have been adopted by the library. Susan Norton, Chief of Staff. Paul Becker announced on Saturday or even maybe the Tuesday before that the budget material was on the website. It is on the website. Kara Paxton, City Clerk Treasurer: The City Clerk office handles the public calendar and the budget meeting is set every year, the weekend after Veterans Day. For every year as far back as I can see and being one of the newest members of the team, I looked at past budget meetings to get a better understanding of what we're looking at in 2021. So, every year that is posted at that time. Council Member Smith: I don't believe the answer to our residents in Fayetteville being out of work, is to put more of our city employees out of work. Thank you for working so hard through all of this to make sure we don't add to the unemployment and that we've kept all of our staff working and paid to the best of your ability. I know it hasn't always been easy, but through multiple crisis over the year, you've done a great job. Mayor Jordan: Thank you, Council Member Smith. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes November 17, 2020 Page 24 of 24 Council Member Scroggin: I really hope the pandemic subsides so that we can look at staff raises. They have definitely been through a lot. I look forward to voting for that in the future. Mayor Jordan: Yes, and I hope to be bringing it in the future. I promise we will see better times. Thank you to Paul and everyone who worked on this budget. Paul Becker: Thank you, Mayor. Every director, every department and the Council all worked together in putting this budget together. Mayor Jordan: Thank you to the staff for their patience as we go through this. Council Member Marsh moved to approve the resolution. Council Member Scroggin seconded the motion. Upon roll call the resolution passed unanimously. Resolution 295-20 as recorded in the office of the City Clerk Announcements: None City Council Agenda Session Presentations: None Kr i� FA YW 77EVlLLE*: = Kara Paxton, tiq Clerk Treasurer r � � TON 113 West Mountain Fayetteville. AR 72701 (479) 575-8323 www,fayetteviIle-ar.gov