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HomeMy WebLinkAbout2017-06-20 - Agendas - ArchiveAlderman Adella Gray Ward 1 Position 1 Alderman Sarah Marsh Ward 1 Position 2 Alderman Mark Kinion Ward 2 Position 1 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 June 20, 2017 Alderman Justin Tennant Ward 3 Position 1 Alderman Sarah Bunch Ward 3 Position 2 Alderman John La Tour Ward 4 Position 1 Alderman Alan T. Long Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 20, 2017 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports, and Discussion Items. Agenda Additions: 1. CATO SPRINGS TRAIL LIGHTING: A resolution to express the willingness of the City of Fayetteville to apply for and utilize Federal -Aid Transportation Alternatives Program 80/20 grant funds in an amount of up to $280,000.00 available through the Northwest Arkansas Regional Planning Commission and to approve a local match of up to $70,000.00 for the installation of lighting along the Cato Springs Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-17 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A. Consent: 1. Approval of the June 6, 2017 City Council Meeting Minutes. Approved 2. POLICE DEPARTMENT DONATION REVENUE: A resolution to approve a budget adjustment in the total amount of $7,700.00 recognizing donation revenue to the Fayetteville Police Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-17 3. CERTIFIED LOCAL GOVERNMENT GRANT: A resolution to approve a grant agreement with the Arkansas Historic Preservation Program for a certified local government grant in the amount of $14,291.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-17 B. Public Hearing: 1. RAZE AND REMOVAL 265 WEST NONNAMAKER DRIVE: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Harold and Rosetta Harmon located at 265 West Nonnamaker Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 128-17 C. Unfinished Business: 1. RZN 17-5772 (810 S. CHERRY LN./ SWEETSER PROPERTIES): An ordinance to rezone that property described in rezoning petition rzn 17-5772 for approximately 0.53 acres located at 810 South Cherry Lane from rsf-4, residential single family, 4 units per acre to rmf-24, residential multi- family, 24 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5981 2. RZN 17-5776: (1320 S. COLLEGE AVE./SUGARLAND PROPERTIES): An ordinance to rezone that property described in rezoning petition rzn 17-5776 for approximately 0.31 acres located at 1320 South College Avenue from nc, neighborhood conservation to ri-u, residential intermediate, urban. THIS ORDINANCE WAS LEFT ON THE SECOND READING 3. AMEND UDC AND REZONE - RZN 17-5713 (COLLEGE AVE. FROM NORTH ST. TO MAPLE ST./COLLEGE AVE.): An ordinance to amend the unified development code to create a new zoning district, urban thoroughfare light; ut-1, to change or amend definitions of "building height" and "stories" and to rezone lots along and on 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov both sides of College Avenue running from North Street to Maple Street containing about 24.62 acres as shown on exhibit a of the planning department's memo. THIS ORDINANCE WAS TABLED TO AUGUST 1, 2017 CITY COUNCIL MEETING. D. New Business: 1. AMEND UDC 161.28 AND 161.29: An ordinance to amend §§ 161.28 district i-1, heavy commercial light industrial and 161.29 district i-2, general industrial to use unit 16, shopping goods as a permitted use. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5982 E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: Adjournment: 6:02 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting: June 20, 2017 Adjourn: P.M. Subject: Roll Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan 5-0 Subject: I I (I 1n W A A rl l AAA' 1�1vl . ON V lvi VViC n i I I irk" vNrn Motion To: I v I `40. Motion By: Seconded: Gray Marsh V \� a Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: June 20, 2017 Subject: Consent Motion To: Motion By: Seconded: A. 1- A. 3 Gray Marsh Kinion Petty Tennant l Bunch La Tour Long Mayor Jordan -0 Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: June 20, 2017 Subject: RAZE AND REMOVAL 265 WEST NONNAMAKER DRIVE Motion To: Motion By: Seconded: B.1 Public Hearing \ Gray Marsh Kinion Petty Tennant Bunch La Tour abuA Long Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: June 20, 2017 Subject: RZN 17-5772 (810 S. CHERRY LN./ SWEETSER PROPERTIES) Motion To: Motion By: Seconded: C.1 Unfinished Business N", Gray Marsh Kinion Petty Tennant Bunch La Tour Long _. Mayor Jordan _,- Subject: RZN 17-5776: (1320 S. COLLEGE AVE./SUGARLAND PROPERTIES) Motion To: Motion By: Seconded: C.2 Unfinished Business Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: June 20, 2017 Subject: AMEND UDC AND REZONE - RZN 17-5713 (COLLEGE AVE. FROM NORTH ST. TO MAPLE ST./COLLEGE AVE.) Motion To: I Motion By: Seconded: C.3 Unfinished Business Gray Marsh Kinion Petty Tennant Bunch La Tour Long abwd- a Mayor Jordan Mayor Jordan 1 1/ -0 6-0 Subject: Motion To: Motion By: Seconded: Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan City Council Meeting: June 20, 2017 Subject: AMEND UDC 161.28 AND 161.29 Motion To: Motion By: LAM 4 Seconded: Seconded: New Business D.1 New Business ® ~i Gray i -� Marsh Marsh Kinion Kinion- Petty Petty Tennant Tennant Bunch Bunch La Tour La Tour -J Long Long Mayor Jordan Mayor Jordan Subject: Motion To: Motion By: Seconded: New Business Gray Marsh Kinion Petty Tennant Bunch La Tour Long Mayor Jordan IZJ& OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE: June 21, 2017 - -�- — Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 20, 2017 1. A resolution to express the willingness of the City of Fayetteville to apply for and utilize Federal -Aid Transportation Alternatives Program 80/20 Grant funds in an amount of up to $280,000.00 available through the Northwest Arkansas Regional Planning Commission and to approve a local match of up to $70,000.00 for the installation of lighting along the Cato Springs Trail. 2. A resolution to approve a budget adjustment in the total amount of $7,700.00 recognizing donation revenue to the Fayetteville Police Department. 3. A resolution to approve a grant agreement with the Arkansas Historic Preservation Program for a Certified Local Government Grant in the amount of $14,291.00, and to approve a budget adjustment. 4. A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Harold and Rosetta Harmon located at 265 West Nonnamaker Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. 5. An ordinance to rezone that property described in rezoning petition RZN 17-5772 for approximately 0.53 acres located at 810 South Cherry Lane from RSF-4, Residential Single Family, 4 units per acre to RMF -24, Residential Multi- Family, 24 units per acre. 6. An ordinance to amend §§ 161.28 District I-1, Heavy Commercial and Light Industrial and 161.29 District I-2, General Industrial to add Use Unit 16, Shopping Goods and Use Unit 13, Eating Places as permitted uses. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, June 20, 2017 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Sarah Bunch 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 June 20, 2017 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: A. 1 2016-0577 APPROVAL OF THE JUNE 6, 2017 CITY COUNCIL MEETING MINUTES. A.2 2017-0283 POLICE DEPARTMENT DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $7,700.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT Attachments: POLICE DEPARTMENT DONATION REVENUE BA POLICE DEPARTMENT DONATION REVENUE A.3 2017-0289 CERTIFIED LOCAL GOVERNMENT GRANT: A RESOLUTION TO APPROVE A GRANT AGREEMENT WITH THE ARKANSAS HISTORIC PRESERVATION PROGRAM FOR A CERTIFIED LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $14,291.00, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: CERTIFIED LOCAL GOVERNMENT GRANT BA CERTIFIED LOCAL GOVERNMENT GRANT B. Public Hearing: City of Fayetteville, Arkansas Page 2 Printed on 6/15/2017 City Council Meeting Meeting Agenda - Final Agenda June 20, 2017 B.1 2017-0237 RAZE AND REMOVAL 265 WEST NONNAMAKER DRIVE: A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A DILAPIDATED AND UNSAFE STRUCTURE ON PROPERTY OWNED BY HAROLD AND ROSETTA HARMON LOCATED AT 265 WEST NONNAMAKER DRIVE IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: RAZE AND REMOVAL 265 W NONNAMAKER AVENUE: BA RAZE AND REMOVAL 265 W NONNAMAKER AVENUE: At the June 6, 2017 City Council Meeting this resolution was tabled to the June 20, 2017 City Council Meeting. At the May 16, 2017 City Council Meeting this resolution was tabled to the June 6, 2017 City Council Meeting. C. Unfinished Business: C.1 2017-0266 RZN 17-5772 (810 S. CHERRY LN./ SWEETSER PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5772 FOR APPROXIMATELY 0.53 ACRES LOCATED AT 810 SOUTH CHERRY LANE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE Attachments: RZN 17-5772 (810 S. CHERRY LN./SWEETSER PROPERTIES) At the June 6, 2017 City Council Meeting this ordinance was left on the second reading. C.2 2017-0268 RZN 17-5776: (1320 S. COLLEGE AVE./SUGARLAND PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5776 FOR APPROXIMATELY 0.31 ACRES LOCATED AT 1320 SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE, URBAN Attachments: RZN 17-5776:0320 S. COLLEGE AVE./SUGARLAND PROPERTIES) City of Fayetteville, Arkansas Page 3 Printed on 6/15/2017 City Council Meeting Meeting Agenda - Final Agenda June 20, 2017 At the June 6, 2017 City Council Meeting this ordinance was was left on the first reading. C.3 2017-0286 AMEND UDC AND REZONE - RZN 17-5713 (COLLEGE AVE. FROM NORTH ST. TO MAPLE ST./COLLEGE AVE.): AN ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE TO CREATE A NEW ZONING DISTRICT, URBAN THOROUGHFARE LIGHT; UT -L AND TO CHANGE OR AMEND DEFINITIONS OF "BUILDING HEIGHT" AND "STORIES" Attachments: RZN 17-5713 (COLLEGE AVE. FROM NORTH ST. TO MAPLE ST./COLLEGE AV At the June 6, 2017 City Council Meeting this ordinance was was left on the first reading. D. New Business: D. 1 2017-0305 AMEND UDC 161.28 AND 161.29: AN ORDINANCE TO AMEND §§ 161.28 DISTRICT I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND 161.29 DISTRICT I-2, GENERAL INDUSTRIAL TO ADD USE UNIT 16, SHOPPING GOODS AS A PERMITTED USE Attachments: ADM 17-5841 ADMINISTRATIVE CHANGES TO UDC 161.28 AND 161.29 E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: H. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 4 Printed on 6/15/2017 City Council Meeting Meeting Agenda - Final Agenda June 20, 2017 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. 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. Unfinished 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 a City Council member later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of unfinished and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, 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's 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 City Council member 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 5 Printed on 6/15/2017 City Council Meeting Meeting Agenda - Final Agenda June 20, 2017 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 Telecommunications Devise for the Deaf (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 on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 6 Printed on 6/15/2017 Alderman Adella Gray Ward 1 Position I Alderman Sarah Marsh Ward 1 Position 2 Alderman Mark Kinion Ward 2 Position 1 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 June 6, 2017 City Council Meeting Minutes June 6, 2017 Page 1 of 16 Alderman Justin Tennant Ward 3 Position 1 Alderman Sarah Bunch Ward 3 Position 2 Alderman John La Tour Ward 4 Position l Alderman Alan T. Long Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 6, 2017 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, Sarah Marsh, Mark Kinion, Matthew Petty, Sarah Bunch, John La Tour, Alan Long, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Alderman Justin Tennant was absent. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report, Advertising and Promotion Commission Appointment, and Historic District Commission - Mayor Appointment Alderman Kinion presented the Nominating Committee report and recommended the appointments as submitted. A copy of the report is attached. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 2 of 16 Alderman Kinion moved to approve the Nominating Committee Report. Alderman Gray seconded the motion. Upon roll call the motion passed 5-2. Alderman Long, Gray, Kinion, Petty, and Bunch voting yes. Alderman Marsh and La Tour voting no. Alderman Tennant was absent. Report on Library Bond Issue - Paul Becker, CFO Paul Becker, Chief Financial Officer gave a brief summary on the Library Bond Issue. He stated he is happy to report that a lot of progress is being made. He stated the construction is beginning soon. Agenda Additions: None .,. Consent: Approval of the May 16, 2017 City Council Mee�ig Utes. Approved Steve Landers Toyota of NWA: A resolution to authorize the purchase of a Toyota Camry Hybrid from Steve Landers Toyota of NWA in the amount of $25,517.00 pursuant to a state procurement contract for use by the Police Department. Resolution 112-17 as recorded in the office of the City Clerk McClelland Consulting Engineers, Inc.: A resolution to approve a contract with McClelland Consulting Engineers, Inc. in the amount of $250,793.00 for engineering services associated with the Kitty Creek Sewer Line Improvement Project, and to approve a project contingency in the amount of $25,079.30. Resolution 113-17 as recorded in the office of the City Clerk University of Arkansas Board of Trustees Lease Agreement: A resolution to approve a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct classes during the Fall 2017 semester in the amount of $25.00 for each day the space is used. Resolution 114-17 as recorded in the office of the City Clerk Benchmark Construction of NWA, Inc. Change Order No. 3: A resolution to approve Change Order No. 3 to the contract with Benchmark Construction of NWA, Inc. in the amount of $42,021.00 for the construction of a gravel access drive, concrete pier pads and irrigation system 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 3 of 16 at the Fire Department Training Facility, and to approve a project contingency in the amount of $4,202.10. Resolution 115-17 as recorded in the office of the City Clerk Arkansas State Police Matching Grant: A resolution to authorize acceptance of an 80/20 matching grant from the Arkansas State Police in the amount of $24,160.00 for the development of an accident reporting interface between the City of Fayetteville and Arkansas State Police public safety software systems, and to approve a budget adjustment. Resolution 116-17 as recorded in the office of the City Clerk Tyler Technologies, Inc. Amendment: A resolution to approve an amendment to the contract with Tyler Technologies, Inc. in the amount of $27,329.00 for the development of an accident reporting interface between the City of Fayetteville and Arkansas State Police public safety software systems. Resolution 117-17 as recorded in the office of the City Clerk Bid #17-38 Shor-Line: A resolution to award Bid #17-38 and authorize the purchase of cat adoption cages and vet clinic recovery cages from Schroer Manufacturing Co. d/b/a Shor-Line in the amount of $30,382.52 plus applicable taxes for the Lib Horn Animal Shelter of Fayetteville. Resolution 118-17 as recorded in the office of the City Clerk Tsa La Gi Trail of Tears Mural: A resolution to approve a contract for the commission of public art with Stacy Bates in the amount of $5,000.00 for a Trail of Tears mural on the Tsa La Gi Trail, and to approve a budget adjustment. Resolution 119-17 as recorded in the office of the City Clerk VAR 17-5800: 1541 W. MLK Blvd. (Panera Bread): A resolution to affirm the Planning Commission's approval of a variance of the penalty provision of the Tree Preservation and Protection Chapter of the Unified Development Code for property located at 1541 West Martin Luther King, Jr. Boulevard. Resolution 120-17 as recorded in the office of the City Clerk Alderman Gray moved to accept the Consent Agenda as read. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Long, Gray, Marsh, Kinion, Petty, Bunch, and La Tour voting yes. Alderman Tennant was absent. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 4 of 16 Public Heariniz: Raze and Removal 265 West Nonnamaker Drive: A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Harold and Rosetta Harmon located at 265 West Nonnamaker Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment. At the May 16, 2017 City Council Meeting this resolution was tabled to the June 6, 2017 City Council Meeting. Mayor Jordan opened the Public Hearing. David Carver, Code Compliance Administrator gave a brief description of the resolution. Matthew Cabe, City Building Official presented images illustrating the dilapidated structure. Alderman La Tour stated his concerns about acting too quickly when a homeowner is making a small effort. He requested to know who is doing the repairs.,. . Matthew Cabe: I don't know who is doing the repairs. Alderman La Tour: You admit there are repairs being made? Matthew Cabe: We know that some paint has been put on the home and a new roof has been installed incorrectly. Alderman La Tour: It tells me that somebody cares about it. It's not like it is abandoned and they don't care. They are making some effort. Matthew Cabe: I don't disagree. However the house doesn't meet the minimum standards for inhabitability as dictated by building code and standard housing code. Alderman La Tour: Is anyone living in the house? Matthew Cabe: Thankfully, no. Alderman La Tour: Maybe they are working toward habitability. Matthew Cabe: We have had numerous meetings with the homeowner regarding his permit application. He has been given two and a half pages of comments of issues that we think need to be addressed and need to be articulated in his application. He hasn't been able to provide satisfactory information. Alderman La Tour: How did he respond at those meetings? Matthew Cabe: I wasn't present at those meetings. From what I understand he was willing to perform what was requested. We haven't gotten the required information in order to issue a building permit. I don't believe he took issue with much of what was proposed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 5 of 16 Alderman La Tour: He wasn't evasive or hard to get along with? Matthew Cabe: The one meeting I had with him, he was not evasive or hard to get along with. I felt like he didn't understand the scope of the repairs that would be required and the necessary effort to get this house to a minimum standard of inhabitability. Alderman La Tour: Does he have a source of income? Matthew Cabe: I believe he is a landlord, but not real sure. He owns basically all the structures on and around Nonnamaker Drive. It is one large parcel with eight to ten structures. Alderman La Tour spoke about relative housing standards. He stated he is hesitant to go into a situation where a citizen is showing some effort. Mayor Jordan asked if the owner was at the City Council meeting and it was confirmed that he was not. Alderman Petty: It is clear that the house needs some repairs. Are we iring them to bring the home up to date in terms of the codes we have on the books today or are we making reasonable accommodations for the age of the structure? Matthew Cabe: Reasonable accommodations. We are willing to work with them and get to minimum standards of inhabitability. Alderman Petty: We should communicate to the owner by action of the Council that we are serious. We could table this for two weeks. If there's reasonable efforts to address the concerns of the Building Department as reported back to us, then great and if there is not, then I am ready to vote to condemn and raze it. Don Marr, Chief of Staff: This is complaint driven by an individual who was living in the location. He made a complaint about all the problems and the lack of responsiveness from the owner. Our primary request has been to do something, come see us, do a permit. We have walked through the items that needed to be in the permit. We have had a lack of responsiveness from the owner. This was on the agenda two weeks ago when the owner was here. He asked for it to be tabled to this meeting so he could come back and present to you. There are other structures on this site that we would be concerned about. Some may be as bad as the one we are talking about today. Alderman Bunch: There are no people living in it at this time. Someone filed a complaint with the city? Matthew Cabe stated yes and reiterated what Don Marr said. Alderman Bunch: I would be in favor of giving this guy a couple more weeks. I suspect it is going to be a generous offer and not change anything. My concern with this is that he hasn't kept this house in a livable condition and has made money off of people who can't afford to live 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 6 of 16 somewhere else or has bad credit. I don't want to allow this person to continue to take advantage of people by not providing a livable structure to rent. Alderman Marsh: I hate to see us lose these Ozarks Heritage structures. However, the condition of this house is appalling and it is a significant safety hazard. The electrical service is a fire hazard and someone could burn to death in this home. Due to the dilapidation, it is probably rampant with mold. Someone could fall through the porch or bathrooms. The high utility bills would more than offset the savings of cheap rent. We should set an example regarding the other structures on this property that they need to be maintained if he intends to rent them to people. He has had a significant amount of time already. We tabled it last time and I can't see him making enough of a difference in the next two weeks. Alderman Petty: Did he give a reason for not being here tonight? Matthew Cabe: I haven't had any contact with him. Don Marr: We have had no correspondence with him since last City Council meeting. We have attempted in hopes of getting a permit filed for work improvement. Some of the repairs he has attempted have been without a permit. It was clearly communicated to him about needing to be permitted to do the work. Alderman La Tour: When this homeowner came before us he had health issues. That is why he asked us to wait. It could be why he is not here tonight. I would be in favor of giving him two more weeks. Alderman Petty moved to approve the resolution and then decided he would rather table the item for two weeks. Alderman Marsh had seconded the motion for approval. Alderman Petty withdrew his motion to approve, but Alderman Marsh chose to not withdraw her second. A procedural discussion followed about tabling and approving resolutions. Mayor Jordan closed the Public Hearing. Alderman Petty moved to table the resolution to the June 20, 2017 City Council meeting. Alderman La Tour seconded the motion. Upon roll call the motion to table passed 5-3. Alderman Long, Petty, Bunch, and La Tour voting yes. Mayor Jordan voted yes. Alderman Gray, Marsh, and Kinion voting no. Alderman Tennant was absent. This resolution was tabled to the June 20, 2017 City Council meeting. Unfinished Business: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 7 of 16 New Business: North Starr Drive Sewerage System Extension: A resolution to approve an extension of the city's sewerage system beyond the city limits to property located on North Starr Drive. Tim Nyander, Utilities Director gave a brief description of the resolution. The Water, Sewer & Solid Waste Committee voted 4-0 in favor to forward the item to the City Council with a recommendation of approval. Larry Long, Applicant stated it was the time in life for him and his wife to downsize. He requested for Council to grant access to the sewer line for the property. Alderman Marsh: Who is providing the trash and recycling services to this street? Larry Long: The city. Alderman Marsh: Fire service? Larry Long: The city on the city side, but not on the county side. Alderman Marsh: Who maintains the road? Larry Long: That is a question I have been trying to address with the city and the county for the last 25 years. Starr Drives goes in and out of being city and county at various positions over the first mile. It has continued to be an issue and I wish it would be resolved. Alderman Marsh: All the services are already there. We are just allowing them to tap into the existing sewer line. We are not adding to the burden of maintenance for our city. Larry Long: All of the utilities except for sewer are on the property. Alderman Kinion: This is an exception. We are not generally going to allow hook ups that are outside of city limits. This is an unusual situation because of the location of the sewer main and manhole. It is not to set a precedent to anyone else that we are going to allow future development outside of the city limits. Alderman Kinion moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman Long, Gray, Marsh, Kinion, Petty, Bunch, and La Tour voting yes. Alderman Tennant was absent. Resolution 121-17 as recorded in the office of the City Clerk NWA Capital Investments, LLC: A resolution to sell about 3 acres of land in the Commerce District to NWA Capital Investments, LLC for $45,000.00. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 8 of 16 Don Marr, Chief of Staff gave a brief description of the resolution. He requested for the resolution to be tabled indefinitely. Alderman Long moved to table the resolution indefinitely. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-0. Alderman Long, Gray, Marsh, Kinion, Bunch, and La Tour voting yes. Alderman Petty was absent during the vote. Alderman Tennant was absent. This resolution was Tabled Indefinitely Appeal VAR 17-5782 (1541 W. MLK Blvd./Panera Bread): A resolution to partially grant the variance request submitted by Bates & Associates, Inc. to allow a more complete curb cut access for 1541 West Martin Luther King, Jr. Boulevard. Jonathan Curth, Senior Planner gave a brief description of the resolution. The Planning Commission recommended that they be allowed to have right in and right out access. City staff is recommending in favor of their request for three quarter access. Mayor Jordan: You all are okay with left in and right in and right out? Jonathan Curth: Correct. City Attorney Kit Williams: I spoke to one of the applicants on this and he indicated the three quarters access would be acceptable. Steve Fowler, 4746 Maple Grove Drive stated the main thing was having access to Martin Luther King. He stated they don't have a problem with the three quarter access. Alderman Gray moved to approve the resolution. Alderman Long seconded the motion. Upon roll call the resolution passed 7-0. Alderman Long, Gray, Marsh, Kinion, Petty, Bunch, and La Tour voting yes. Alderman Tennant was absent. Resolution 122-17 as recorded in the office of the City Clerk LSD 17-5771 (Master Street Plan Amendment between Crossover Road and Bridgewater Lane/Springhouse Village): A resolution to amend the Master Street Plan by changing the alignment of an unnamed street between Crossover Road and Bridgewater Lane and by reclassifying it from a collector street to a local street. Jonathan Curth, Senior Planner gave a brief description of the resolution. The Planning Commission voted unanimously in favor of the request. Staff recommends the request. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 6, 2017 Page 9 of 16 Alderman Gray moved to approve the resolution. Alderman Marsh seconded the motion. Upon roll call the resolution passed 7-0. Alderman Long, Gray, Marsh, Kinion, Petty, Bunch, and La Tour voting yes. Alderman Tennant was absent. Resolution 123-17 as recorded in the office of the City Clerk RZN 17-5772 (810 S. Cherry Ln./ Sweetser Properties): An ordinance to rezone that property described in rezoning petition RZN 17-5772 for approximately 0.53 acres l : 'ated at 810 south Cherry Lane from RSF-4, Residential Single Family, 4 units per acre to = . -24, Residential Multi- Family, 24 units per acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Senior Planner gave a brief description of the ordinance. Staff supports the request. The Planning Commission voted 7-0 in favor of the request. " Dave Jorgensen, Representing Sweetser Properties stated he was available to answer questions. Alderman Marsh: Due to high traffic counts, did you consider rezoning this to a mixed use? It seems like this would be an excellent place for some commercial activity. Dave Jorgensen: We did not. The owner wants to build a townhouse on the corner. Alderman Long moved to suspend the rules and go to the second reading. Alderman La Tour seconded the motion. Upon roll call the motion passed 7-0. Alderman Long, Gray, Marsh, Kinion, Petty, Bunch, and La Tour voting yes. Alderman Tennant was absent. City Attorney Kit Williams read the ordinance. Alderman Marsh: I would like the applicant to reconsider their proposal with the idea of including some sort of commercial activity. I want to hold it on the second reading. Alderman La Tour: I believe we should defer to the applicant's desires. Some people don't want coffee shops. Some people want it to be just a residential neighborhood. We shouldn't impose our personal preferences. I don't want to hold it. Alderman Marsh: This is an economic development issue. We need more services and jobs in that area. This is a large corner lot in a high traffic corridor. Alderman Gray: I agree we need to hold it. I am surprised that we do not have any residents here speaking. We have had several calls about this area. Mayor Jordan: Keep in mind Council that you don't have to pass these all in one evening. This ordinance was left on the Second Reading 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov