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HomeMy WebLinkAbout2015-01-06 MinutesAlderman Adella Gray Ward 1 Position 1 Alderman Sarah Marsh Ward 1 Position 2 Alderman Mark Kinion Ward 2 Position I Alderman Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting January 6, 2015 City Council Meeting Minutes January 6, 2015 Page 1 of 12 Alderman Justin Tennant Ward 3 Position 1 Alderman Martin W. Schoppmeyer, Jr Ward 3 Position 2 Alderman John La Tour Ward 4 Position I Alderman Alan T. Long Ward 4 Position 2 A meeting of the Fayetteville City Council was held on January 6, 2015 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. Oaths of Office: Kit Williams City Attorney John S. La Tour Alderman Ward 4 District Judge William A. Storey administrated the Oath of Office to City Attorney Kit Williams and Alderman John S. La Tour at the City Council meeting. Alderman Justin Tennant, Alderman Adella Gray and Alderman Mark Kinion were not present for their Oaths of Office. Adella Gray Mark Kinion Justin Tennant Alderman Ward 1 Alderman Ward 2 Alderman Ward 3 Judge Beth Storey Bryan administrated the Oath of Office to Alderman Justin Tennant on January 5, 2015. Mayor Lioneld Jordan administrated the Oaths of Office for Alderman Adella Gray and Alderman Mark Kinion on January 9, 2015. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 2 of 12 PRESENT: Alderman Adella Gray, Sarah Marsh, Matthew Petty, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Adella Gray arrived at 5:38 p.m. ABSENT: Alderman Mark Minion and Alderman Justin Tennant. Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: None Citv Council Meeting Presentations, Reports and Discussion Items: Election of Vice Mavor City Attorney Kit Williams gave a brief description of the Rules of Order and Procedure for the Fayetteville City Council when electing a Vice Mayor. Alderman Long moved to table the election of Vice Mayor to the January 20, 2015 City Council meeting. Alderman Schoppmeyer seconded the motion. Upon roll call the motion passed 5-0. Alderman Gray was absent during the vote. Alderman Kinion and Alderman Tennant were absent. The election of Vice Mayor was Tabled to the January 20, 2015 City Council meeting. Report on the Firemen's Pension 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. Housing Authority Board Commissioners Appointment Alderman Gray read the request from the Fayetteville Housing Authority to appoint the following: Christopher Terry, term ending December 28, 2019. Christopher White, unexpired term ending December 28, 2017. Alderman Gray moved to approve the appointments. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Tennant were absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 3 of 12 ORT -Ozark Regional Transit - Semi -Monthly Report Jeff Hatley, Ozark Regional Transit presented the Ozark Regional Transit report. Alderman La Tour: Do you know what the 2014 rider revenue was for people who received the service? Do they pay for the service or is this all funded through government grants? Jeff Hatley stated a bus fare is charged. He stated he didn't have the whole 2014 report yet. He will email City Clerk Sondra Smith the full report with the information requested. A copy of the report is attached. City Council Committee Appointments Alderman Gray moved to approve the City Council Committee appointments. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Tennant were absent. A copy of the report is attached. Agenda Additions: None Consent: Approval of the December 16, 2014 City Council meeting minutes. Approved 2015 Overlay/Sidewalk Projects: A resolution to approve the Transportation Division Overlay/Sidewalk Projects list for 2015. This resolution was removed from the Consent Agenda for discussion. Hazmat Services Revenue: A resolution to approve a budget adjustment recognizing Hazmat Services Revenue received by the Fire Department from Washington County in the amount of $5,180.00 and increasing the related expense budget. Resolution 01-15 as recorded in the office of the City Clerk Internet Crimes Against Children Task Force Program: A resolution to authorize acceptance of a non-matching continuation subgrant from the Internet Crimes Against Children Task Force Program in the amount of $14,976.78, and to approve a budget adjustment. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 w Jayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 4 of 12 Resolution 02-15 as recorded in the office of the City Clerk City of Johnson Rezoning: A resolution agreeing to the change in zoning from R-1, Single - Family Residential to R -O, Residential Office for property located in the City of Johnson that adjoins parcels in the City of Fayetteville. Resolution 03-15 as recorded in the office of the City Clerk Dan and Anita Spencer Five Year Lease Agreement: A resolution to approve a five year lease agreement with an option to renew for an additional five years with Dan and Anita Spencer for approximately 18.18 acres of unused city property on the west side of Lake Sequoyah in exchange for the Spencers conveying additional easements to the city that are necessary for construction and operation activities pertaining to the Lake Sequoyah Sediment Removal Project. Resolution 04-15 as recorded in the office of the City Clerk Alderman Marsh moved to accept the Consent Agenda as read with the 2015 Overlay/Sidewalk Projects removed from the Consent Agenda for discussion. Alderman Petty seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Tennant were absent. The following resolution was removed from the Consent Agenda for discussion. 2015 Overlay/Sidewalk Projects: A resolution to approve the Transportation Division Overlay/Sidewalk Projects list for 2015. Alderman La Tour: I live across the street from Razorback Stadium. Razorback football games bring many tourist to our city. It is incumbent we make sure that visitors are safe. On game days, thousands of people walk down Halsell Road and walk in the ditch to avoid being run over by automobiles. We need to improve that. I talked to Director, Terry Gulley and he expressed concern that we may not have right-of-ways to build sidewalks in that area. I suggest we do what is necessary to attain right-of-ways and build sidewalks for public safety. Instead of building a Ward 4 sidewalk on Markham Road, a block to our south, let's build that same sidewalk on Halsell Road. Mayor Jordan: You want to move the sidewalk from Markham Road to Halsell Road? Alderman La Tour: Correct. Alderman Long: We had several Ward 4 meetings to discuss a priority list. That general area and Markham Road was much higher on the priority list. Some of the people who lived on the other street wanted to maintain the narrowness and lack of sidewalks there. We've asked that they continue those discussions in the next year. There have been many public meetings with the Ward 4 people wanting Markham Road access because that connects a lot of area there, instead of just one small area. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 5 of 12 Mayor Jordan: This has been through the Transportation Committee? Alderman Petty: Yes. I don't want to speak for Alderwoman Adams, but her comments were very similar to Alderman Long's comments. Alderman Gray: I listened carefully to Alderman Adams as she talked about many of the residents on Halsell. I also hear what Alderman La Tour is saying that it is a safety issue. I do think it is something we need to look at, but it's not as though we haven't looked at it. We have had numerous meetings and I think the Ward 4 Aldermen feel strongly it is in the proper place in the plan. Terry Gulley, Transportation Director gave a brief history of how projects are recommended. He gave a brief description of why Markham Road was chosen and that the city already has the right- of-way. He stated the intent is to obtain the right-of-way to be able to do the Halsell Road sidewalk at a later date. Alderman Long stated that Markham Road was more of a priority than Halsell Road at the current time. Alderman La Tour: Many people who use Halsell Road on game day do not live in Ward 4. They are tourist. I was trying to draw the link between our city budget and the importance of tourism to our city. We need to be sensitive to their needs, not just Ward 4 residents. I want to represent my ward to the best of my ability, but we have Razorback Stadium right adjacent to our ward. We need to make those people as safe as we can. Alderman Marsh stated she is supporting going forward with the plan as presented. She supports increasing safety on Markham Road. A discussion followed about foot traffic on Markham Road and Halsell Road. Sean Vollendorf, Oliver Avenue stated he owns property on Halsell Road and expressed his concern for pedestrian safety on Halsell Road. Zara Niederman, Hotz Drive stated he sees the need on Halsell Road, but thinks Markham Road is very unsafe. Trigg La Tour, 410 North Oliver Avenue: There are students that drive on Markham Road and Halsell Road to get to the University. There are a lot of students who live in the neighborhoods of Halsell who walk to get the University and that contributes to a lot of foot traffic all year round. Don Marr, Chief of Staff- On behalf of staff, we are in complete agreement with Alderman La Tour's comments. We are committed to acquiring the right-of-way to do the plan for next year. Both of these items are priorities. This is like a puzzle piece of time and money, allocated by all four wards. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 w Iayetteviile-ar.gov City Council Meeting Minutes January 6, 2015 Page 6 of 12 Alderman Marsh moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 5-1. Alderman La Tour voting no. Alderman Kinion and Alderman Tennant were absent. Resolution 05-15 as recorded in the office of the City Clerk Unfinished Business: Enact 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds: An ordinance to amend the Fayetteville Code by enacting § 71.016 Insurance Requirements for Motorized Bicycles, Motor Scooters and Mopeds. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Petty seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Alderman Long moved to table the ordinance to the February 17, 2015 City Council meeting. Alderman Marsh seconded the motion. Upon roll call the motion to table passed 6-0. Alderman Kinion and Alderman Tennant were absent. This ordinance was left on the Second Reading and Tabled to the February 17, 2015 City Council meeting. RZN 14-4859 Niederman Enterprises: An ordinance rezoning that property described in Rezoning Petition RZN 14-4859, for approximately 1.9 acres, located at the 300 & 400 block of Martin Luther King Boulevard from NC, Neighborhood Conservation, to DG, Downtown General. Alderman Petty moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Planning Commission voted 6-2 in favor of the rezoning. Staff is not supportive of rezoning the entire property to Downtown General. Mayor Jordan: You would entertain an amendment to rezone some of it? Jeremy Pate: We would and we discussed that with the applicant, Mr. Niederman. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 w Jayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 7 of 12 Zara Niederman, Applicant stated he spoke with city staff about the rezoning options. He prefers to keep the rezoning to Downtown General. A discussion followed about the property location and project review. Alderman Marsh: I really like this plan. We talk a lot about encouraging infill development, creating walkable neighborhoods and a good mix of services of commercial and residential. It's on our transit line and in close proximity to Willow Bend. The small size of the parcel will help limit some of the potential adverse effects that Downtown General might otherwise create in a larger area. I support this plan. Alderman Petty: There is an undercurrent here which is important for future decisions about this. We don't have the zoning designation on the books that would be most appropriate for this parcel. If you look at Neighborhood Services and do a side by side comparison with Downtown General, there is a tremendous gap between the two. I agree with staff that the scale of Downtown General that's allowed is not appropriate for this site. I'm comfortable voting for it because of the site of the parcel. I would have to disagree on the point that Neighborhood Services is adequate for the applicant or even the highest and best zoning district for the neighborhood. I support the request. I hope we see this as motivation going forward to add granularity to our zoning code and go through a calibration process with some of the best practices that are out there as we update our city plan this year. A discussion followed about leaving it on the second reading or continuing on. Alderman Long: I think it would really be a good step in revitalizing the area. I will be voting with the Planning Commission's recommendation. Alderman Long moved to suspend the rules and go to the third and final reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Kinion and Alderman Tennant were absent. Ordinance 5732 as Recorded in the office of the City Clerk New Business: Northwest Arkansas Regional Planning Commission: An ordinance waiving the requirements of formal competitive bidding and approving a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $40,017.86 for a Stormwater Education Program for 2015. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 vav Jayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 8 of 12 City Attorney Kit Williams read the ordinance. Chris Brown, City Engineer gave a brief of description of the ordinance. Alderman Marsh moved to suspend the rules and go to the second reading. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Alderman Marsh moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Kinion and Alderman Tennant were absent. Ordinance 5733 as Recorded in the office of the City Clerk RZN 14-4864 Koutroumbis Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 14-4864, for approximately 0.26 acres, located at 232 West Ash Street from RSF-4, Residential Single Family, 4 units per acre, to RMF -24, Residential Multi -Family, 24 units per acre. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff and Planning Commission do not support the rezoning request. Taylor Koutroumbis, Applicant stated she did not believe what she is proposing would contrast too sharply with the surrounding properties in the area to build a small triplex. She believes her project would allow economic stimulation and increase property values. Terry Parker, Parker & Associates believes the proposal would be compatible with the neighborhood and enhance the area. He stated having access coming in off North Gregg Avenue would alleviate traffic concerns. Taylor Koutroumbis stated it would make a nicer transition off of Gregg Avenue. She gave a brief description of all the apartment complexes in the area. Alderman Long requested Mr. Pate to speak about a driveway being added into the apartment complex. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 9 of 12 Jeremy Pate: We didn't get into the details of the development. We can't consider what development might occur on the property. I believe these folks have the greatest intent, but we are looking at rezoning beyond their ownership possibly. Alderman La Tour: Property needs to be used for its best use in a point and time. We may not have the wisdom as a City of Fayetteville to understand how that may change through time. I would be in favor of letting the applicant build their property and use it as they see fit. We do have private ownership of property, not to say we shouldn't have planning. I don't want to step over those bounds very much. City Attorney Kit Williams: I was at the Planning Commission meeting. There were neighbors who were private property owners in the same area that were objecting to this as an infringement upon their property rights for their single family houses. If you vote for this rezoning, you could get a six unit multi -family structure there because this more than a quarter acre. They can do whatever they want once it is zoned. Taylor Koutroumbis: I met with Quin Thompson in the zoning office. With this zoning, if someone were to buy this property and completely tear everything down, the most they could build is four units. The city has rules about green spaces, trees and maintenance. One family spoke against us at the zoning meeting and they do not live in the neighborhood. Alderman Long: Kit, are we as a Council, allowed to ask for a Bill of Assurance? City Attorney Kit Williams: No, we cannot. It has to be voluntarily offered by the applicant to try to get you to approve their zoning. Alderman La Tour: Mr. Pate, do we have a zoning that would accommodate what they want to do? Jeremy Pate: I'm sure we do. Without the details of a plan, looking at how all the site would be developed, it would be difficult to throw a zoning district out there that might or might not work. A discussion followed about zoning classifications and allowing the applicant to work with staff to look at a possible different rezoning. Alderman Marsh: On that section of Gregg, is there a left turn lane? Jeremy Pate: I don't believe so. Alderman Marsh: What about sidewalks? Jeremy Pate: There are proportions. There is not a continuous sidewalk along Gregg Avenue, I don't think, on either side. Alderman Marsh: What about transit service? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 v .fayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 10 of 12 Jeremy Pate: I would have to look at our GIS maps to see. A discussion followed about the current zoning and uses that would be allowed. Terry Parker: They have already done improvements and remodeling on the existing structure. We want to be able to retain that, add some other units and not have to knock it down and start over. Taylor Koutroumbis: We met with the zoning office to discuss our options. With all the city's other regulations on building on your lot, we have to get RMF -24 to accommodate what we need. This ordinance was left on the First Reading. RZN 14-4894 3525 S. School Ave./Yates: An ordinance rezoning that property described in Rezoning Petition RZN 14-4894, for approximately 3.78 acres, located at 3525 South School Avenue from C-2, Thoroughfare Commercial, to I-1, Heavy Commercial/Light Industrial. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff and Planning Commission support the rezoning request. Morgan Hooker, Applicant Representative stated he believed rezoning to Industrial fit the use. Alderman Long moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Alderman Marsh moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 6-0. Alderman Kinion and Alderman Tennant were absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-0. Alderman Kinion and Alderman Tennant were absent. Ordinance 5734 as Recorded in the office of the City Clerk Amend Chapters 151, 161, 162 and 166 (ADM 14-4896 UDC Amendment): An ordinance amending Title IV: Unified Development Code of the City of Fayetteville, to amend Chapters 151, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 w Jayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 11 of 12 161, 162 and 166 to create a new use unit for Small Scale Production including boutique and specialty manufacturing and to place this new use unit in appropriate zoning designations. City Attorney Kit Williams read the ordinance. Jeremy Pate, Director of Development Services gave a brief description of the ordinance. Staff and Planning Commission are recommending approval. Mayor Jordan: Staff did a great job on this. Thank you Jeremy. Alderman Petty: I think this is fantastic. There is 5,000 square feet for most everything and 10,000 square feet for a microbrewery. If we had a boutique manufacturer that needed 6,000 square feet, would staff be willing to consider a variance? City Attorney Kit Williams: Staff couldn't grant a variance. They would have to go to the Board of Adjustments. Jeremy Pate: The Board of Adjustments could. They can't approve a different use, but the Board of Adjustments can vary things within the details of a zoning district. City Attorney Williams: There is that burden to go there. You have to prove it's a hardship to you. That might be a difficult standard just because you want another 1,000 or 2,000 square feet. It might be difficult for them to show they cannot develop it in the square foot that is allowed under this. Alderman Petty: It's my only concern about the ordinance. Staff was able to tour facilities to come up with recommendations for 10,000 square feet for microbreweries. I suspect there are industries that would typically require more than 5,000 square feet that we don't have the opportunity to tour today. I am happy to support the ordinance. I'm hopeful we would demonstrate some leniency if an industry came forward and could show that it was typical to build more than 5,000 square feet. Jeremy Pate: We have always committed to bringing things back to the Council to change the ordinance if we don't feel like it is working. Alderman La Tour: I appreciate staff bringing this forward and recognizing we don't always have the wisdom to understand what is coming down the pike. This facilitates entrepreneurship. Alderman Long: I am supportive of the ordinance. I like that it is trying to give some new startups a chance here in Fayetteville. It only had one reading at the Planning Commission. I would like for us to hold it on this reading to see if there are more ways we can improve or expand on it by taking public comment in the next two weeks. Alderman Marsh: I would like to echo Alderman Petty's concerns about the limitation of 5,000 square feet. If there is an opportunity to make this more generous in square foot area, I would support that. This is fantastic and will do great things for our economy. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 6, 2015 Page 12 of 12 A discussion followed about allowable zonings for microbreweries. This ordinance was left on the First Reading. Announcements: Don Marr, Chief of Staff: The City of Fayetteville Recycling and Trash Division is collecting Christmas trees through the month of January on their normal trash day. Trees can also be turned in on the first Saturday of each month from 8:00 a.m. to noon at the facility on Armstrong Road. The city will be closed on January 19, 2015 for Martin Luther King, Jr. Day. The marinas at Lake Fayetteville and Lake Sequoyah will be closed from December 24, 2014 through January 14, 2015 for the holiday. Adjournment: 7:05 p.m. City Council Agenda Session Presentations: None City Council Tour: None AioneldLJor ayor Sondra E. Smith, City Clerk/Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov