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HomeMy WebLinkAbout2015-09-01 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant Ward 1 Position I Ward 3 Position I e �- Alderman Sarah Marsh a. Alderman Martin W. Schoppmeyer,Jr. Ward I Position 2 Ward 3 Position 2 Alderman Mark Kinion Alderman John La Tour Ward 2 Position l Ward 4 Position l Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting September 1, 2015 A meeting of the Fayetteville City Council was held on September 1, 2015 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,Arkansas. Call to Order Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. Quarterly Financial Report- 2nd Quarter 2015, Paul Becker, Chief Financial Officer Agenda Additions A. Consent 1. Approval of the August 18, 2015 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov 2. Animal Services Donation Revenue: A resolution to approve a budget adjustment in the amount of$39,089.00 representing donation revenue to Animal Services for the first and second quarters of 2015. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-15 3. Williams Tractor of Fayetteville: A resolution to authorize the purchase of two (2) 2015 T590 T4 Bobcat Compact Track Loaders from Williams Tractor of Fayetteville, Arkansas in the total amount of $101,189.02 pursuant to a National Joint Powers Alliance cooperative purchasing agreement for use by Transportation Services. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-15 4. Lewis Ford of Fayetteville: A resolution to authorize the purchase of a 2015 Ford F250 4x4 from Lewis Ford of Fayetteville, Arkansas in the amount of$23,075.00, pursuant to a state procurement contract, for use by Parks and Recreation. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-15 5. Bryce Davis Park and Improvements to Lake Fayetteville: A resolution to approve a budget adjustment in the total amount of$147,170.00 recognizing parkland dedication fees from the Northwest and Northeast Quadrants to be used for lighting at Bryce Davis Park and improvements to Lake Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-15 6. Fayetteville Advertising and Promotion Commission Amendment No. 2: A resolution to approve Amendment No. 2 to the contract with the Fayetteville Advertising and Promotion Commission for the city to provide operational and maintenance services for the Town Center Parking Deck in exchange for the use of fifty-five (55)parking spaces for a period of one year with five additional one year automatic renewals. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-15 7. Federal Emergency Management Agency (FEMA) Risk Map Phase 2: A resolution to authorize the city's participation in Phase 2 of the Risk Map program with the Federal Emergency Management Agency and the Arkansas Natural Resources Commission to update the Washington County Flood Insurance Study and Flood Insurance Rate Maps at a cost of up to $43,658.00. THIS RESOLUTION WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-15 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov B. Unfinished Business C. New Business 1. RZN 15-5130 (1285 E. Millsap Rd./Christian Life Cathedral): An ordinance rezoning that property described in Rezoning Petition RZN 15-5130, for approximately 15 acres, located at 1285 E. Millsap Road from RSF-4, Residential Single Family, 4 Units per Acre, to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5794 2. VAC 15-5127 (19 N. Palmer Ave./Baker): An ordinance to approve VAC 15-5127 submitted by Allen Baker for property located at 19 N. Palmer Avenue to vacate an existing blanket water and sewer easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5795 3. ADM 15-5153 (Timber Trails Subdivision PZD Amendment): An ordinance amending a Residential Planned Zoning District entitled R-PZD 04-1154, Timber Trails, containing approximately 26 acres,to modify the zoning of lots 70 through 77, 98, and 99 to allow for Use Unit 8, Single Family Dwellings. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5796 4. Amend 172.05 (ADM 15-5088 UDC Amendment Chapter 172.05 Non-Residential Parking Requirements: An ordinance to amend section 172.05 of the Unified Development Code to remove minimum parking standards for non-residential uses. THIS ORDINANCE WAS LEFT ON THE FIRST READING Announcements City Council Agenda Session Presentations 1. Agenda Session Presentation: Alison Jumper, Regional Park Progress Update. City Council Tour: Adjournment: 6:47 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov City Council Meeting: September 1, 2015 Adjourn: U -7 d° • M Subject: Roll Petty Tennant 6UdAA4-wt. SchoppmeyerQ�,yit Ag La Tour Long Gray Marsh Kinion / Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer La Tour Long Gray Marsh Kinion Mayor Jordan i City Council Meeting: September 1,2015 Subject: Consent Motion To: /� /� "VC Motion By: Seconded: G Petty Gaa Tennant Schoppmeyer1 " ° La Tour t/ Long Gray ✓ Marsh ✓ Kinion Mayor Jordan Subject: 1', 7 , — a l$ - D 3 '7 5 Motion To: / /4rOde Motion By: Seconded: A -7, Petty G� Tennant tJ Schoppmeyer Q kwpl- La Tour 6AA&wt Long P/ ----I Gray Pc4�"O( Marsh Kinion Mayor Jordan (o_v City Council Meeting: September 1,2015 Subject: None Motion To: Motion By: Seconded: B. I. Petty Unfinished Tennant Business Schoppmeyer La Tour Long Gray Marsh Kinion Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Schoppmeyer La Tour z Long Gray Marsh Kinion Mayor Jordan City Council Meeting: September 1,2015 Subject: RZN 15-5130 (1285 E. Millsap Rd./Christian Life Cathedral) Motion To: a r1 d J ,R 3 r",,) �a r Motion By: Seconded: C. 1 Petty New Tennant t/ Business Schoppmeyer , ; La Tour PQA�G e� Long " Gray Marsh v Kinion 5 t �1y Mayor Jordan Subject: VAC 15-5127 (19 N.Palmer Ave./Baker) Motion To: E6/ �pq 3 VQ f e Motion By: 7;w.r /-C rd n Seconded: ,� C. 2 Petty1 New Tennant ✓ Business Schoppmeyer aAA-i ..¢ 4tt,• ^ La Tour v/ "4d Long ✓ a� "` Gray Marsh Kinion 5 J Mayor Jordan City Council Meeting: September 1,2015 Subject: ADM 15-5153 (Timber Trails Subdivision PZD Amendment) Motion To: ah / - r-W �r� gR,a= Motion By: y�GL �fr�Jeu Seconded: lei C.3 Petty New Tennant ✓ Business Schoppmeyer a1� La Tour �- ✓ �✓ Long c/ ✓ Pted Gray Marsh ✓ x ✓ Kinion ✓ `� 51 n Mayor Jordan —0 Amend 172.05 (ADM 15-5088 UDC Amendment Chapter 172.05 Non-Residential Parking Subject: Requirements Motion To: Motion By: Seconded: C. 4 Petty New Tennant Business Schoppmeyer n La Tour Long Gray J Marsh Kinion Mayor Jordan o� n Bi[ai Ll DEPARTMENTAL CORRESPONDENCE • OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Patti Mulford THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: September 2,2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 1,2015 1. A resolution to approve a budget adjustment in the amount of $39,089.00 representing donation revenue to Animal Services for the first and second quarters of 2015. 2. A resolution to authorize the purchase of two (2) 2015 T590 T4 Bobcat Compact Track Loaders from Williams Tractor of Fayetteville, Arkansas in the total amount of $101,189.02 pursuant to a National Joint Powers Alliance Cooperative Purchasing Agreement for use by Transportation Services. 3. A resolution to authorize the purchase of a 2015 Ford F250 4x4 from Lewis Ford of Fayetteville, Arkansas in the amount of $23,075.00, pursuant to a State Procurement Contract, for use by Parks and Recreation. 4. A resolution to approve a budget adjustment in the total amount of $147,170.00 recognizing Parkland Dedication Fees from the northwest and northeast quadrants to be used for lighting at Bryce Davis Park and improvements to Lake Fayetteville. 5. A resolution to approve amendment no. 2 to the contract with the Fayetteville Advertising and Promotion Commission for the City to provide operational and maintenance services for the Town Center Parking Deck in exchange for the use of fifty- five (55) parking spaces for a period of one year with five additional one year automatic renewals. 6. A resolution to authorize the City's participation in Phase 2 of the Risk Map Program with the Federal Emergency Management Agency and the Arkansas Natural Resources Commission to update the Washington County Flood Insurance Study and Flood Insurance Rate Maps at a cost of up to$43,658.00. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form-M Meeting Agenda - Final Agenda Tuesday, September 1, 2015 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward 1 Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Martin W. Schoppmeyer, Jr. Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda-Final Agenda September 1,2015 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 2015-0117 QUARTERLY FINANCIAL REPORT - 2ND QUARTER 2015, PAUL BECKER, CHIEF FINANCIAL OFFICER Agenda Additions: A. Consent: A. 1 2014-0510 APPROVAL OF THE AUGUST 18, 2015 CITY COUNCIL MEETING MINUTES. A. 2 2015-0349 ANIMAL SERVICES DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $39,089.00 REPRESENTING DONATION REVENUE TO ANIMAL SERVICES FOR THE FIRST AND SECOND QUARTERS OF 2015 Attachments: 2015-0349 Agenda Packet BA- 1 and 2 Qtr Donation Rev 2015 A. 3 2015-0377 WILLIAMS TRACTOR OF FAYETTEVILLE: A RESOLUTION TO AUTHORIZE THE PURCHASE OF TWO (2) 2015 T590 T4 BOBCAT COMPACT TRACK LOADERS FROM WILLIAMS TRACTOR OF FAYETTEVILLE, ARKANSAS IN THE TOTAL AMOUNT OF $101,189.02 PURSUANT TO A NATIONAL JOINT POWERS ALLIANCE COOPERATIVE PURCHASING AGREEMENT FOR USE BY TRANSPORTATION SERVICES Attachments: SRP-Skid Steers TRSW 6016-6017 City of Fayetteville,Arkansas Page 2 Printed on 812712015 City Council Meeting Meeting Agenda-Final Agenda September 1,2015 A. 4 2015-0379 LEWIS FORD OF FAYETTEVILLE: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A 2015 FORD F2504X4FROM LEWIS FORD OF FAYETTEVILLE, ARKANSAS IN THE AMOUNT OF $23,075.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, FOR USE BY PARKS AND RECREATION Attachments: SRP- Ford Truck PKMN 2194 A. 5 2015-0376 BRYCE DAVIS PARK AND IMPROVEMENTS TO LAKE FAYETTEVILLE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $147,170.00 RECOGNIZING PARKLAND DEDICATION FEES FROM THE NORTHWEST AND NORTHEAST QUADRANTS TO BE USED FOR LIGHTING AT BRYCE DAVIS PARK AND IMPROVEMENTS TO LAKE FAYETTEVILLE Attachments: Legistar packet- PLD NW& NE BA(Agenda Item)- PLD Revenue Recognition 9-1-15 A. 6 2015-0371 FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION AMENDMENT NO.2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 T THE CONTRACT WITH THE FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION FOR THE CITY TO PROVIDE OPERATIONAL AND MAINTENANCE SERVICES FOR THE TOWN CENTER PARKING DECK IN EXCHANGE FOR THE USE OF FIFTY-FIVE (55) PARKING SPACES FOR A PERIOD OF ONE YEAR WITH FIVE ADDITIONAL ONE YEAR AUTOMATIC RENEWALS Attachments: Fayetteville A&P Commission City of Fayetteville,Arkansas Page 3 Printed on 812712015 City Council Meeting Meeting Agenda-Final Agenda September 1,2015 A. 7 2015-0375 FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) RISK MAP PHASE 2: A RESOLUTION TO AUTHORIZE THE CITY'S PARTICIPATION IN PHASE 2 OF THE RISK MAP PROGRAM WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE ARKANSAS NATURAL RESOURCES COMMISSION TO UPDATE THE WASHINGTON COUNTY FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS AT A COST OF UP TO $43,658.00 Attachments: 2015-0375 FEMA Risk Map Phase 2 B. Unfinished Business: None C. New Business: C. 1 2015-0380 RZN 15-5130 (1285 E.MILLSAP RD./CHRISTIAN LIFE CATHEDRAL): AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 15-5130, FOR APPROXIMATELY 15 ACRES, LOCATED AT 1285 E. MILLSAP ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, TO P-1, INSTITUTIONAL Attachments: 15-5130 CC EXHIBITS 15-5130 CC Docs C. 2 2015-0384 VAC 15-5127(19 N. PALMER AVE./BAKER): AN ORDINANCE TO APPROVE VAC 15-5127 SUBMITTED BY ALLEN BAKER FOR PROPERTY LOCATED AT 19 N. PALMER AVENUE TO VACATE AN EXISTING BLANKET WATER AND SEWER EASEMENT Attachments: 15-5127 CC EX A& B 15-5127 Staff Report City of Fayetteville,Arkansas Page 4 Printed on 812712015 City Council Meeting Meeting Agenda-Final Agenda September 1,2015 C. 3 2015-0383 ADM 15-5153 (TIMBER TRAILS SUBDIVISION PZD AMENDMENT): AN ORDINANCE AMENDING A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 04-1154, TIMBER TRAILS, CONTAINING APPROXIMATELY 26 ACRES, TO MODIFY THE ZONING OF LOTS 70 THROUGH 77, 98, AND 99 TO ALLOW FOR USE UNIT 8, SINGLE FAMILY DWELLINGS Attachments: 15-5153 CC EX A 15-5153 Staff Report C. 4 2015-0372 AMEND 172.05 (ADM 15-5088 UDC AMENDMENT CHAPTER 172.05 NON-RESIDENTIAL PARKING REQUIREMENTS: AN ORDINANCE TO AMEND SECTION 172.05 OF THE UNIFIED DEVELOPMENT CODE TO REMOVE MINIMUM PARKING STANDARDS FOR NON-RESIDENTIAL USES Attachments: 15-5088 CC EX A 15-5088 CC Staff reports Supplemental Materials C.4 Additional Amend 172.05 Memo D. City Council Agenda Session Presentations: D. 1 2015-0369 AGENDA SESSION PRESENTATION: ALISON JUMPER, REGIONAL PARK PROGRESS UPDATE E. City Council Tour: F. Announcements: G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville,Arkansas Page 5 Printed on 812712015 City Council Meeting Meeting Agenda-Final Agenda September 1,2015 All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant(city contractor, rezoning or development applicant, etc.)may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos,petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting.Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided,this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. City of Fayetteville,Arkansas Page 6 Printed on 812712015 City Council Meeting Meeting Agenda-Final Agenda September 1,2015 Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 479-575-8330. A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas. City of Fayetteville,Arkansas Page 7 Printed on 812712015 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Cl Council Patti Mulford City Paralegal CC: Jeremy Pate, Development Services Director Andrew Garner, City Planning Director FROM: Kit Williams, City Attorne DATE: August 25, 2015 RE: § 172.05 (C) (4) Further administrative reductions increases for non- residential parking requirements After consultation with Alderman Petty and Developmental Services Director Jeremy Pate, I have made some changes to my proposed alternative code section that would authorize the Planning staff to reduce the minimum required parking requirements for non-residential parking administratively (without requiring Planning Commission action). This attached ordinance would authorize the City Planning Director to grant reductions to the minimum parking requirements for non- residential developments. This would be a simple administrative procedure that does not require presentation to the Planning Commission to be granted. Nor does it require an "undue hardship' to be proven by the new business, but only a short review by Planning of the parking needs and resources in the neighborhood that could be affected adversely if no minimum parking is required of a new business. In order for this City Council and future City Councils to maintain their authority over minimum parking requirements in the future, I recommend this as a substitute ordinance to the one recommended by the Planning Commission. ORDINANCE NO. AN ORDINANCE TO AMEND § 172.05 (C)(4)TO PROVIDE CITY PLANNING STAFF THE AUTHORITY TO GRANT FURTHER REDUCTIONS TO THE MINIMUM REQUIRED PARKING FOR NON-RESIDENTIAL DEVELOPMENT WHEREAS, the City Planning staff and the Planning Commission have recommended that the City Council consider eliminating the required minimum parking requirements for non-residential development; and WHEREAS, the City Council has determined that City Planning staff should have the authority on a case-by-case basis following an analysis of the existing available public parking near the proposed commercial development to reduce the required minimum parking to an appropriate level. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends § 172.05 (C) (4)by repealing it in its entirety and enacting a replacement § 172.05 (C) (4) as shown below: "§ 172.05 (C) (4)Further administrative reductions/increases. (a) The City Planning Director may grant further reductions to the minimum parking requirements for non-residential developments otherwise required by this section after analyzing; (i)the availability of public parking near the proposed development; (ii) potential adverse effects on such public parking and neighboring businesses, offices and residences of reducing or eliminating minimum parking requirements for such non-residential development; (iii) and any other relevant considerations. (b) Reductions or increases of parking requirements for residential developments and increases in the non-residential maximum parking limits in excess of those identified in this section shall be Page 2 Ordinance No. allowed only as a Conditional Use upon the finding that the increase or reduction is needed and will not unduly cause an adverse effect upon persons operating, using or residing in any neighboring residential, commercial or office development." PASSED and APPROVED this 1'day of September, 2015. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer DEPARTMENTAL CORRESPONDENCE �• '1 OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney City Council Pa PQ 0.ela 8llyd CC: Jeremy Pate, Development Services Director Andrew Garner, City Planning Director FROM: Kit Williams, City Attorney DATE: August 21, 2015 RE: Proposed elimination of all minimum parking requirements for new commercial and office buildings I must caution you about the proposed elimination of all minimum parking requirements for all new commercial and office buildings. Act 1002 of 2015 entitled the "Private Property Protection Act" became effective in April 2, 2015. Its "Legislative findings' state that "(w)hen state and local regulatory program reduce the market value of private property . . . it is fair and appropriate that the . . . locality compensate the property owner for the loss in market value of the property caused by the implementation of the regulatory program." Pursuant to the new A.C.A. § 18-15-1703 Taking-Application (a)(3) "To assert a taking has occurred, the regulatory program must have been implemented at the time the owner acquired title or after the effective date of this subchapter (April 2, 2015), whichever is later." (emphasis added). This provides the City of Fayetteville some protection for regulatory programs already in existence BEFORE April 2, 2015. However, all amendments of existing zoning or development ordinances after April 2, 2015 could endanger their viability and present a Takings Claim if a reasonable argument could be made that such regulation could cause a 20% or more reduction in the fair market value of the property regulated. Minimum parking requirements for both residential and nonresidential developments have long been implemented in Fayetteville (and most other similarly sized cities) in order that new development would pay its own way and would not unduly inflict parking problems on nearby existing commercial, office and residential developments. Without minimum parking requirements, an office building or commercial business could develop its project in an established neighborhood and thrust all of its employees' and customers' parking needs upon available street parking that had accommodated the parking needs of the existing homes, business and offices, but now will be overloaded by the newly created parking needs of the new developments. Especially in the Walker Park Master Plan Zoning District and other neighborhood rezonings utilizing mixed use zoning, land now being used as low density residential could be developed as restaurants, grocery and hardware stores, sporting goods, pet shops, bail bond offices and many other types of offices. A businessman could save a lot of money by only building his new restaurant, commercial store or office and furnishing no parking lot. Unfortunately, this could have a very bad effect on the surrounding neighborhood as customers and employees are then forced to park on the neighborhood streets taking the parking spaces the neighborhood had been relying upon for its own parking needs. There are situations where a new business builds in an area in which no additional parking is needed or should be required. This would often be the case in the Entertainment Parking District. Therefore, Planning staff should be granted the authority to reduce current minimum parking requirements (even down to zero) if the situation calls for such reduction. The planners would look at the currently available public parking and determine whether a new business would overwhelm or simply use parking spaces not well utilized now. The key consideration would be to ensure a new influx of commercial workers and customers would not 2 unduly burden existing public parking resources nor adversely affect the parking needs of the surrounding homes and business. Granting such authority to Planning staff would require individualized analysis of each request for reduced minimum parking, but it should ensure the proposed relaxed minimum parking regulations will not cause major neighborhood problems. If major neighborhood issues arise from businesses not being required to construct sufficient minimum parking for their employees and customers, the City Council could repeal the increased authority to reduce minimum parking without triggering a takings claim pursuant to A.C.A. § 18-15-1703. However, if the City Council instead repeals the minimum parking requirements and later determines this experiment of no required parking is causing problems for existing neighborhoods, it would be dangerous to reinstate the minimum parking requirements. Minimum commercial parking requirements now require construction of parking lots often utilizing more than 20% of a proposed business's property. 20% is the level which kicks in a takings claim under the Private Property Protection Act meaning that reenactment of minimum commercial parking requirements could force our taxpayers to pay a commercial developer to build his private parking lot. CONCLUSION You can accomplish the Planning Department's goal of eliminating a commercial developer's requirement pursuant to the UDC to build more parking for his employees and customers than actually needed by empowering Planning staff to reduce such minimum parking requirement to what would reasonably needed in the particular situation all the way down to zero in an appropriate situation and location. By requiring Planning staff's review of the current parking situation and needs of the neighborhood where the commercial or office developer is proposing a new business to justify reduction of minimum parking requirements, obvious ill effects on the surrounding neighborhood of not providing any parking should be avoided. 3 Even more importantly, the City Council will not tie its own hands and the hands of any future City Council to require minimum parking for new commercial developments if this experiment of no required parking causes unforeseen problems in the real world. On the other hand, if you repeal minimum required parking now, you probably will never again be able to institute required parking. Once the City Council closes the door on required minimum parking for new businesses, it may be locked forever by the Private Property Protection Act. Who is so all - knowing and wise to be certain that Fayetteville will never again need minimum parking requirements for offices, restaurants and other commercial buildings? Attached is a possible ordinance that would authorize the City Planning Director to grant variances to the minimum parking requirements for non-residential developments. This would be a simple administrative variance procedure that does not require presentation to the Planning Commission to be granted. Nor does it require an "undue hardship" to be proven by the new business, but only a short review by Planning of the parking needs and resources in the neighborhood that could be affected adversely if no minimum parking is required of a new business. In order for this City Council and future City Councils to maintain their authority over minimum parking requirements in the future, I recommend this as a substitute ordinance to the one recommended by Planning. City Council Meeting Minutes August 18,2015 Page 1 of 20 Alderman Adella Gray Alderman Justin Tennant Ward I Position 1 0 � Ward 3 Position 1 Alderman Sarah Marsh a. Alderman Martin W. Schoppmeyer,Jr. Ward I Position 2 Ward 3 Position 2 Alderman Mark Kinion =- Alderman John La Tour Ward 2 Position I Ward 4 Position 1 Alderman Matthew Petty Alderman Alan T.Long Ward 2 Position 2 Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting August 18, 2015 A meeting of the Fayetteville City Council was held on August 18,2015 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. PRESENT: Alderman Adella Gray, Matthew Petty, Justin Tennant, Martin Schoppmeyer, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Sarah Marsh and Alderman Mark Kinion Pledge of Allegiance: Manor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: None Agenda Additions: None Consent: Approval of the August 4, 2015 City Council meeting minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18,2015 Page 2 of 20 Bid No. 15-37 Donelson Construction Co., LLC: A resolution to award Bid No. 15-37 and authorize a contract with Donelson Construction Co., LLC in the amount of $151,510.00 for asphalt micro-surfacing of city streets at a cost of$2.78 per square yard, and to approve a project contingency in the amount of$15,151.00. Resolution 138-15 as recorded in the office of the City Clerk Fayetteville Municipal Parking Lot 1: A resolution to approve lease agreements for four (4) parking spaces located in Fayetteville Municipal Parking Lot 1 at 160 West Mountain Street for one (1) year with the option to renew for four (4) additional one-year terms at a monthly cost of $50.00 per parking space. Resolution 139-15 as recorded in the office of the City Clerk Change Order No. 1 Leigh Earthworks, LLC: A resolution to approve Change Order No. 1 to the contract with Leigh Earthworks, LLC in the amount of $15,362.00 to correct the slope of existing accessible parking spaces at the Fayetteville Senior Activity and Wellness Center. Resolution 140-15 as recorded in the office of the City Clerk State of Arkansas Equity Investment Incentive Tax Credit: A resolution to express the City Council's support for the relocation, startup and expansion of companies in the eCommerce and retail technologies industry in the City of Fayetteville, and to support the application of overdrive brands for a state of Arkansas Equity Investment Incentive Tax Credit. Resolution 141-15 as recorded in the office of the City Clerk Bid No. 15-45 Hi-Lite Airfield Services, LLC: A resolution to award Bid No. 15-45 and authorize a contract with Hi-Lite Airfield Services, LLC in the amount of $88,492.50 for the painting portion of the Airfield Pavement Marking Rehabilitation Project, and to approve a project contingency in the amount of$4,425.00. Resolution 142-15 as recorded in the office of the City Clerk Special Needs Assistance Program Grants: A resolution to authorize the mayor to sign a letter of intent to accept Special Needs Assistance Program grants through the U.S. Department of Housing and Urban Development. Resolution 143-15 as recorded in the office of the City Clerk Arkansas Historic Preservation Program Grant: A resolution to approve a grant agreement with the Arkansas Historic Preservation Program in the amount of $13,150.00 for travel and training, for the hiring of a qualified consultant to research and catalog historic structures, and for repair and reconstruction of fencing at Oaks Cemetery; and to approve a budget adjustment. Resolution 144-15 as recorded in the office of the City Clerk 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18,2015 Page 3 of 20 Alderman Gray moved to accept the Consent Agenda as read. Alderman Tennant seconded the motion. Upon roll call the motion passed 5-1. Alderman La Tour voting no. Alderman Marsh and Alderman Kinion were absent. Unfinished Business: RZN 15-5044 (4065 E. Huntsville Rd./The Plaza): An ordinance rezoning that property described in Rezoning Petition RZN 15-5044, for approximately 16.02 acres, located at 4065 E. Huntsville Road from R-PZD 08-3071, Residential Planned Zoning District Bridgedale Plaza to RSF-7, Residential Single Family, 7 Units Per Acre, NS, Neighborhood Services, and CS, Community Services. At the June 2, 2015 City Council meeting, this ordinance was left on the first reading. At the June 16, 2015 City Council meeting, this ordinance was left on the second reading. At the July 7, 2015 City Council meeting, this ordinance was left on the third reading and tabled to the July 21, 2015 City Council meeting.At the July 21, 2015 City Council meeting, this ordinance was tabled to the August 4, 2015 City Council meeting. At the August 4, 2015 City Council meeting, this ordinance was tabled to the August 18, 2015 City Council meeting. City Attorney Kit Williams: The attorney for the applicant supplied a signed Bill of Assurance. From a legal perspective it did follow our form and it has been properly signed. There are some terms like reasonable in there, but it is enforceable. Jeremy Pate,Director of Development Services gave a brief description of the ordinance. He read the Bill of Assurance. City Attorney Kit Williams: The Exhibit B which can be for the showing of the different zoning districts should be for only that and not for the lot configuration shown. This is an approval that it would be those three different zones, including the new one, which would be Neighborhood Conservation as opposed to the RSF-7. You don't do that with a Bill of Assurance, you do that at the City Council level. I would suggest that an amendment be made by City Council, if you like that zoning, before further discussion. Alderman La Tour: Jeremy, how do you feel about the Bill of Assurance? Do you think this will satisfy the neighborhood and their concerns? Jeremy Pate: As far as the neighborhood, from staff perspective, several of these items are development related items that we would review as part of the development, regardless. The applicant is stating for the record that they will participate to a reasonable level. Our Planning Commission determines, based on the impact of the development itself. The change from the zoning perspective such as no gas stations permitted alleviates some concern with traffic. The change to Neighborhood Conservation allows for a higher density, but they limited themselves with the maximum number of 57 lots or 4.7 units per acre. We are comfortable with that number. Alderman La Tour: The Bill of Assurance isn't a bill of goods. They are making statements that we can enforce against them? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18,2015 Page 4 of 20 Jeremy Pate: Correct. A Bill of Assurance runs with the property. Even if the property is sold, it is enforceable on the next property owner. Mayor Jordan explained the rules of public comment. Seth Hodskins, 1128 South St. Andrews Circle: Are these lots limited to individual family residents or can they be multiple duplexes? Jeremy Pate: It would be limited to Single Family residences. Seth Hodskins stated he would like for the developer to have their own entrance and exit and not use his neighborhood. Glenda Patterson, 1106 St. Andrews Circle stated her concerns about traffic. She spoke in opposition of the ordinance. Jay Ray,2050 South Cherry Hills Drive: Is 16 a State Highway or does Fayetteville own it? Mayor Jordan: It is a State Highway. Jay Ray stated his concerns about traffic. Dick Hovey, 1262 South River Meadows Drive stated his concerns about high density housing. He spoke in opposition of the ordinance. Robert Rhoads, Hall Estill Law Firm requested for a motion to be made for the amendment that City Attorney Kit Williams discussed. He stated it would allow the vote to be based on the change in the zoning for the 12 acres from RSF-7 to Neighborhood Conservation. Alderman La Tour moved to amend the ordinance to remove RSF-7 and replace with Neighborhood Conservation. Alderman Petty seconded the motion. Upon roll call the motion passed 6-0. Alderman Marsh and Alderman Kinion were absent. Robert Rhoads: There will be a stub out that will go into River Meadows Road. It will be 300 feet of River Meadows Road. It will only effect two houses, except that it will put a little more traffic on that particular intersection. People can ingress and egress during this whole process, whether it is after or during the construction through Roberts Road. The new highway and bridge helps the traffic situation. There is always going to be traffic anywhere in Fayetteville that has any kind of population during the morning and evening hours. There would be three areas of ingress and egress that will be open and available, not just after the project is complete, but the entire time when the residential construction is being carried out. In regards to urban sprawl, please refer to the memo from the Planning Department indicating that this is in compliance with the City Plan 2030 and that the Planning Department supports this rezoning. The Planning Commission supports this. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18,2015 Page 5 of 20 Alderman Gray: The neighbors said one of the ways of getting out of this area will be through the subdivision, through Pinnacle. Is that your understanding of where the ingress and egress will be? Dave Jorgensen, Engineer: We are going to have one access point onto River Meadows. We will have a new access onto Highway 16. We will also connect to an existing street on the south side of the proposed project, which is Pinnacle and that leads over to Roberts Road. We will have a stub out on the east side of the project so that if one of these days something develops, we can have direct access through that property over to Roberts Road. Cindy Hodskins, 1128 St. Andrews Circle: The street that will complete Pinnacle Hills, you can turn left and go to Roberts Road or you can tum right and end up on St. Andrews. It will be the residents' choice. No one can guarantee that they are going to go to Roberts Road. Jay Ray: Since it is a State Highway, does anybody have the authority to put a line? Mayor Jordan: The state does, we don't. Jay Ray: You can only use one lane. Is that correct? Don Marr, Chief of Staff: Correct, unless the state makes the changes. Jay Ray: Roberts Road is not big enough for two vehicles. Alderman Gray: Is Roberts Road useable for construction traffic? Dave Jorgensen: Yes. Roberts Road is a higher classification than River Meadows. It is supposed to take on more traffic than River Meadows. Eventually, Roberts Road will take on more of the traffic just because of the fact that it is classified higher. We will have to do a traffic study to accomplish some of these things that we would like to do. As listed in the Bill of Assurance we will be willing to help monetarily to install a traffic signal and additional lanes. Alderman Gray: Jeremy, you support this? Jeremy Pate stated that he does. He continued to discuss the area and zoning. Alderman Tennant: What was the Planning Commission vote? Don Marr, Chief of Staff: 6 to 1 in favor. Seth Hodskins: The comment made by the engineer about Roberts Road are totally in error. It is a terrible road. It is very narrow for two cars to pass. There is lots of wash out and it is not being maintained. Construction crews and residents are not going to use that road. They are going to come into our neighborhood and make our traffic worse. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18,2015 Page 6 of 20 Glenda Patterson: Getting into River Meadows and Roberts Road is not a problem. The problem is exiting. This development will make exiting more of a problem than it already is. Dick Hovey stated Roberts Road is substandard with no curbs or gutters, and has substantial pot holes. He suggested that Roberts Road be brought up to its full standards before construction begins on the new development. Mayor Jordan: I think that is a very good point. Robert Rhoads: The traffic that will be on River Meadows Road is 300 feet. It will impact two homes. I understand it will impact the intersection. All the construction traffic can ingress and egress right onto Highway 16 from the site. City Attorney Kit Williams: When we are looking at development proposals we can direct where the construction traffic will leave a State Highway in order to be able to get to a site. Have we done that in the past? Chris Brown, City Engineer: Yes. It is part of the review of a development. If there is damage done by construction traffic to areas around the development, we have sometimes had developers correct that at the end of the project. Jeremy Pate: On our Master Street Plan, Roberts Road is shown as a collector's street. This is an existing road that was there when the city annexed this property many years ago. Because it has a lot of older development around it, it has not been improved in a number of years. It would be my expectation for this development that construction traffic would not access this particular area. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 5-1. Alderman Gray voting no. Alderman Marsh and Alderman Kinion were absent. Ordinance 5790 as Recorded in the office of the City Clerk Arkansas Legacy LLC Appeal: An ordinance rezoning that property described in Rezoning Petition RZN 15-5066,for approximately 3.98 acres,located at 1338 and 1326W. Cleveland Street from RMF-24, Residential Multi-Family, 24 units per acre and RSF-4, Residential Single-Family, 4 units per acre to DG, Downtown General subject to a Bill of Assurance. At the July 21, 2015 City Council meeting, this ordinance was left on the first reading. At the August 4, 2015 City Council meeting, this ordinance was left on the second reading. Alderman Long moved to suspend the rules and go to the third and final reading. Alderman Petty seconded the motion. Upon roll call the motion passed 6-1. Alderman La Tour voting no. Mayor Jordan voted yes to suspend the rules. Alderman Marsh and Alderman Kinion were absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 18,2015 Page 7 of 20 Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He stated the applicant has requested the item to be tabled to September 15, 2015 to gain feedback from the Ward 4 meeting on August 31, 2015 about potential changes to the rezoning request. Alderman La Tour: How long have they been working on this project? Jeremy Pate: It has been several weeks at least. Alderman La Tour: My first meeting was in February. Brian Teague, Property Owner Representative: We requested to table until the September 15, 2015 meeting. We are working on making some changes to the proposal. We have discussed those with the neighbors and Mr. Pate last week. We would like a little extra time to work on formalizing those changes and present them at the Ward 4 meeting on August 31, 2015. Alderman Long: We've had multiple Ward 4 meetings. We are happy to host people that want to give information at those meetings. If you did present something at that meeting and the people that were there had consensus on something that you wanted to do,that wouldn't be representative of the entire neighborhood? Brian Teague: That is the best we can do. I don't quite understand. Alderman La Tour: A limited number of people come to those meetings. I don't know that it will be a full representation of the neighborhood. A discussion followed about the numerous Ward 4 meetings that have been held discussing this item. Alderman Long: What is your goal? Brian Teague: We have met with some of the neighbors last week talking about some potential changes to the proposal. The idea would be that those neighbors would hopefully be in favor of those changes that we make to the proposal. We would be happy to present those changes at the Ward 4 meeting, if you'll have us. Alderman La Tour: We have been talking about this project since February. The Downtown General classification that you are seeking, even though you are trying to modify it and make it something else, it still comes down to that. What would be wrong with the idea of starting over with a different classification that the neighbors could live with?Why don't we have a vote on this proposal, up or down, and if it gets voted down then you can come back and start a new proposal with a classification that everyone is happy with. Brian Teague: We are trying to make some changes where it could be a plan that at least proposes Single Family homes on the west and north side of the property that is more compatible with the surrounding neighborhood. We feel like we could get that done and present it at the ward meeting. We could come back at the September 151h meeting and discuss it. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov