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HomeMy WebLinkAbout2018-04-17 - Minutes -Council Member Adella Gray Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting April 17, 2018 City Council Meeting Minutes April 17, 2018 Page 1 of 20 Council Member Justin Tennant Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member John La Tour Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 17, 2018 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Adella Gray, Mark Kinion, Matthew Petty, Justin Tennant, Sarah Bunch, John La Tour, Kyle Smith, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. Absent: Council Member Marsh Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan recognized Gerald Jordan's journalism class from the University of Arkansas. Citv Council Meeting Presentations, Reports, and Discussion Items: None Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 2 of 20 Consent: Approval of the April 3, 2018 City Council Meeting Minutes. Approved 81 Construction Group, Inc. Change Order 3: A resolution to approve Change Order No. 3 to the contract with 81 Construction Group, Inc. in the amount of $134,158.03 to include changes to the access road and construction of a containment berm for the Lake Sequoyah Basin 3 Access Road Project. Resolution 95-18 as recorded in the office of the City Clerk Drew Christie Water Damage Claim: A resolution pursuant to §39.10(C)(4) of the Fayetteville City Code to authorize the Mayor to pay the amount of $13,099.19 to Drew Christie for a water damage claim arising at 1168 Oaks Manor Drive in addition to a previous payment of $2,581.45 to Servicemaster for water damage mitigation services. Resolution 96-18 as recorded in the office of the City Clerk Gulf Coast High Intensity Drug Trafficking Area: A resolution to approve a Memorandum of Agreement with Washington County regarding funding from the Gulf Coast High Intensity Drug Trafficking Area in the amount of $110,718.00 for the Police Department, and to approve a budget adjustment. Resolution 97-18 as recorded in the office of the City Clerk Council Member Gray moved to accept the Consent Agenda as read. Council Member Kinion seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Unfinished Business: VAC 18-6120 (Nettleship Between Graham & Razorback/Nettleship St. Row): An ordinance to approve VAC 18-6120 for property located along Nettleship Street between South Graham Avenue and South Razorback Road to vacate a portion of street right-of-way. At the April 3, 2018 City Council meeting this ordinance was left on the first reading. Garner Stoll, Development Services Director stated he met with the University of Arkansas staff and came to an agreement that given the curvature of the road and the site issues, a 28 -foot street cross section would meet the city's requirements and be appropriate for the location. He stated it involves a 3 -foot asphalt paver, 5 -foot concrete, and a continuous row of street trees. He stated the cross section is sufficient and tied to the condition the City Attorney put together. He recommended amending the ordinance to add condition number five and six to the first four conditions. He stated 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 3 of 20 condition five says, "Street trees be installed along both sides of the street sized and spaced in accordance with City Code." Condition six says, "Curb and landscape bump -outs be installed at pedestrian crossings as approved by City Engineering during construction review." City Attorney Kit Williams: We would need a motion to amend it to the six conditions that are before you tonight. Garner Stoll stated this is going to be a very high traffic and pedestrian area. He stated the City of Fayetteville and U of A want to create safety for citizens. Council Member Gray moved to amend to the six conditions of vacation approval. Council Member Petty seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the entire ordinance. Council Member Gray moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Smith: There was some concern the width required for busses wouldn't leave extra room for bike lanes. What other bike accommodations are in the area? Garner Stoll: This 28 -foot street has a continuous curvature. With the traffic calming measures that we recommended and the U of A agreed too, that speed will not be a high-speed street. It should be a comfortable space for shared use. It could be striped, but if you stripe six feet, you reduce the lane width below city standards. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6058 as Recorded in the office of the City Clerk RZN 17-6052 (East of Rolling Hills Dr./Keenan): An ordinance to rezone that property described in rezoning petition RZN 17-6052 for approximately 22.59 acres located at east of Rolling Hills Drive and Old Missouri Road from RSF-4, Residential Single Family, 4 units per acre to NC, Neighborhood Conservation. At the March 6, 2018 City Council meeting this ordinance was sent back to Planning Commission. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 4 of 20 Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Mitch Weigel, Downtown Properties, Applicant's Representative gave a brief overview of the project. He spoke about the possibilities available to make the area more attractive. He stated about 80 units would be the maximum density. Council Member Tennant: You mentioned 80 units. If you developed it as RSF-4, what could you put in there to make it work? Mitch Weigel stated he hadn't looked at that in a while for a specific number. He spoke about the area and the different zoning options. He spoke about the 55 and older population. He believes single family on smaller lots would be a good fit for the area. Council Member Petty: When thinking about potentially developing for the 55 and older community, I read an AARP magazine about aging in place and land use. Aging in place is a person who is getting up in years and doesn't have anyone living with them anymore. They may be widowed and lonely. They may have a medical emergency and lost the ability to drive. The point of the article is that single family houses aren't enough. Many people need the option to live in a duplex and share income with a young person. There are groups talking about what a healthy and happy neighborhood looks like for the elderly as they deal with issues of loneliness and mobility. If you are considering doing this plan, why aren't you asking for something more than Neighborhood Conservation? Mitch Weigel: The idea came to us when we were approached by architects looking at projects to do for assisted living. There is a shortage of pre -Butterfield housing. There aren't a lot of places for this age group to go. There aren't very many small lots available, but there are plenty RSF-4 lots. People are looking for something smaller, single story, and less maintenance. This gives a developer flexibility. Council Member Bunch spoke about an example of Saint James Place being one level, individual homes, with most people living there being older. Mayor Jordan stated he had been on two public input sessions. He spoke about the ground rules for public comment. Wayne Withrow, 2633 Stagecoach Drive spoke about traffic concerns. Tonya Landrum, Fayetteville Citizen spoke about ecosystem preservation concerns. She requested for the item to be tabled. Adrienne Kvello, Tartan Way stated the rezoning requested is for marketing purposes. She spoke about drainage and water issues. She doesn't believe it will create affordable housing. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 5 of 20 Leigh Anne Yeargan, 3349 Picadilly Lane stated that the application the owner submitted is deficient. She believes it is spot zoning. She stated the rezoning should be denied because of the overwhelming opposition by the neighborhood. Council Member Petty: This is a hypothetical question. If we could resolve traffic, storm water, and tree canopy issues, what remains that makes this rezoning problematic? Leigh Anne Yeargan: I don't think the neighborhood is against development or some increased density. Under RSF-4 you are looking at 92 families, whereas under NC it could be as many as 920. That is the concern. Council Member Petty: I know people don't want it, but why? Forget it is NC. What if it's a rezoning for 100 units per acre? Why is more people a bad thing? Leigh Anne Yeargan: I don't think more people is a bad thing. Too many people in an amount of square footage is a bad thing. Council Member Petty: Where do you draw the line? Leigh Anne Yeargan: I have looked at The Cottages at Old Wire and they are nice. I think it's NC zoning, but they are over $300,000. We don't know what is going to be developed. Council Member Petty: Affordability issues come up a lot. If they were all cheap apartments and they were 100 units per acre, is that okay? What is wrong with more neighbors? Leigh Anne Yeargan: Increased traffic, increased load, and safety. With more people, comes more issues. We do not want apartments. This is a single family residential neighborhood. Under NC zoning it would be extremely higher density housing. Council Member Petty: To all the people that are planning to speak tonight, if you don't want apartments, tell me why. Do you draw the line at 10 or 20 units per acre? Don't just tell me it is bad. Leigh Anne Yeargan: There is a fear that with apartments you aren't buying into a community. It is a transitional community. Garner Stoll: This is capped at 10 units per acre, even with a conditional use permit. It only allows 220 units because it is 22 acres. There was a brief mathematical discussion on the number of units allowed. Julie Keeran, Strawberry Drive: What was Neighborhood Conservation originally designed to do in our city? 113 West Mountain Fayetteville, AR .72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 6 of 20 Garner Stoll: It came out of the Downtown plan. It's evolved into being recommended for city wide use. It was substantially amended by the Council to allow a broader use of it. It used to allow up to fourplex by right. It was reduced to only single family by right. Julie Keeran stated she was concerned about what other parcels might be rezoned too. She stated she bought into a residential neighborhood, not an apartment style neighborhood. Nicole Claesen, 2930 Loxley Avenue stated she doesn't believe rezoning should be used as a marketing tool. She spoke about affordable housing. She stated her concerns about flooding issues. She spoke in opposition of the ordinance. A discussion followed about tree canopy percentages. Council Member Smith stated there are pain points around land prices. He stated the zoning issue is not going to fix the affordability issue. He requested to know if Ms. Claesen thought it would make it worse. Nicole Claesen: You run the risk of creating the opposite effect. If we are infilling over and over and the land prices are continuing to go higher, people moving here to the area won't be moving to Fayetteville because they won't be able to afford it. We don't have the employment base some of the other cities have. Council Member Smith: Is there something besides zoning we are missing out on, regarding the affordability issue? Nicole Claesen: The affordability issue is multi layered, but the employment base is one for sure. We don't have the employment to provide a livable wage for people to be able to pay rent and mortgage. We could easily create a bubble and everyone is going to be upside down in three or four years. Council Member Smith: Are you suggesting we don't build any new housing? Nicole Claesen: No, not at all. We have to move forward with development. In Fayetteville, there are 644 single family homes available for sale today. There are 700 apartments and duplexes available for rent today. Council Member Petty: I am a renter. We have been experiencing a growing affordability challenge. Do you have any data that our population growth is slowing down because of it? Nicole Claesen: Looking at the population data we are still growing. If you look at the school data and some of that tends to flat line in three years. A discussion followed about population data. Garner Stoll: The tree canopy is 20% for NC and 25% for RSF-4. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 7 of 20 Lucas Regnier, 3191 North Katherine stated the proposed rezoning is incompatible with the surrounding area. He stated the schools in the area are tight at capacity. He stated that the impact on schools is a legal basis on which to deny the application for rezoning. He stated the idea of build more brings prices down needs to be erased from discussions of development in the city. He spoke about a non-profit corporation in talks with the owner of the property with the idea of preserving the acreage as an outdoor science learning center. Council Member Tennant: Nobody has said anything about the intersection at Rolling Hills, Old Missouri and Old Wire. I find these to be very inadequate intersections. Would any development require someone to address those intersections because of the excess traffic? Lucas Regnier: Absolutely. I believe it's time for stoplights there, as it is. If more traffic is added, a developer is going to have to look at other exit points and stoplights are a necessity. A discussion followed about Lucas Regnier running for Fayetteville City Council. Council Member Petty: You stated the proposal is incompatible with the surrounding area. Can you explain why? Lucas Regnier spoke about the impacts on schools, traffic concerns, and density issues. A discussion followed about traffic flow scenarios and effects. Council Member Petty: You described on a Facebook comment that the proposed rezoning would lead to cheek to jowl development. What did you mean by that? Lucas Regnier spoke about it being a euphemism for houses being cramped or crowded. He stated that is not the character of Fayetteville. A discussion followed about a hypothetical scenario where the total number of units would be restricted. Jaqueline Lobb, 3043 Strawberry spoke about the amount of people moving to Northwest Arkansas and the expected change in employment by 2030. She spoke about the transit system. Emily Brickman, 3138 Katherine stated she would like to see the property developed in a way where everyone can have input. She spoke about a Planned Zoning District and preservation of the property. Council Member Tennant: How completely have we looked at the drainage situation at the north side of the property? Are there any streams or active waterways of any size on that property? Emily Brickman: There is an unmapped tributary to Mud Creek on the northern portion of the property. It's on the United States Geological topographic map from 2015. It's not on any of your internal documentation that I have seen. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 8 of 20 Council Member Tennant: If that's the case, what is the difference between how we recognize the stream if it's not on the city's topographic map, but it is on a map that exist somewhere? Chris Brown, City Engineer: There are no protected streams, per the ordinance that set up the Streamside Protection zones. The property drains to the north and northwest. There are no known drainage issues. There are a lot of drainage issues to the west of Old Missouri Road and we have looked at those. We are looking at designs to mitigate some of those issues. This property does not appear that it would negatively impact any of those issues. The development as it occurs, our standard requirement is, that the development must mitigate any increase in flows. There would be detention ponds and water quality facilities required, per our ordinance. I don't believe this property would either solve or cause additional problems. Council Member Tennant: Does a potential development have a negative impact on existing infrastructure of the water and sewage system that's already in the neighborhoods? Chris Brown: The water supply is very adequate. There is a 36 -inch trunk line that runs through or near the area that could be accessed at certain points. Some of the existing lines may need some maintenance or minor upgrades to get into the site, as far as water. There will be some sewer extensions that will be needed. Council Member Bunch: Why do we not use PZD's as much as we used too? Do property owners usually ask for a rezoning for a PZD before they have a project in mind? Garner Stoll: A PZD is a Planned Zoning District. Yes, property owners can ask for a PZD without having a development in mind. It is done less frequently because applying for a PZD is more expensive and more involved. Council Member Bunch: A person who is ready to develop would already have plans laid out in a certain fashion? Garner Stoll: Yes. City Attorney Kit Williams gave a brief historical description as to why the City of Fayetteville instituted PZD's. He spoke about all the different zonings available for developers to use. Council Member Bunch: Can a PZD be applied for, but it doesn't supersede the rezoning? City Attorney Kit Williams: It is an actual rezoning. Council Member Bunch: Do PZD's have a time constraint on them? City Attorney Kit Williams: They used too when they were tied to development. Development rights had a time limit, but since the new PZD's are zoning only, then there's no time limit on them. That was another problem we saw with PZD's. We had a whole bunch of them not built out and had land that couldn't be developed. That is not a good situation and is another reason why we changed to make them zoning decisions only. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 9 of 20 Don Marr, Chief of Staff. This is why you see these PZD's come back in front of you because when those concepts have been used, they can't make a simple change to it without going back to the Council. It allows more talk about things that are impacted at development. Zoning is hypothetically to the requirements that tells you it can be built on that piece of land. You are deciding if it is the right density and uses. It's not about the water lines because we look at that on the development side. Council Member Kinion: In the Water & Sewer Committee we have looked at the capacity of a 20 -year plan for all throughout the city. If someone is worried about capacity, it is well studied. There are going to be some big capital expenses as we move forward. We understand what the demand will be. Martin Jones, 2997 Strawberry stated that part of the problem is caused by the rules we set down and operate by. He stated the zoning and street are very much linked together. Ryan Billingsley, 3113 Warwick stated he likes the concept of preserving the land. He stated his concerns about density and reduced requirements for tree canopy. He requested Council to vote no on the rezoning. City Attorney Kit Williams: Some people think we are going to vote yes or no on this tonight. An ordinance has to be read three times unless the rules are suspended and we go to the second and third reading, which I don't think is likely. It could be left on the first reading and could be back at the next City Council meeting. Anita Bukey, 1403 Meadowcliff spoke about underground springs. She stated there is a city concrete drainage pipe that goes beside her property which used to be cleaned and taken care of. She stated it is not being cleaned out and the overrun is coming on her property down the driveway. Mayor Jordan: I will make sure it gets cleaned out. Anita Bukey: Thank you. Are there underground springs over there? Chris Brown: We don't have that level of detailed information to what may be there. Our review of the existing conditions shows hydric soils, which may indicate wetlands. That would be part of a development review. Emily Brickman: There are springs. On the 2001 Geologic Map of Washington County there is a spring near the northern property boundary. In addition, there are wet weather springs that occur on Katherine and Warwick. Olivia Trumble, 2031 Cline stated while it's important each neighborhood has their own identity, everyone in Fayetteville has to tackle the affordable housing problem. She spoke in favor of the rezoning. Council Member Tennant spoke about the rezoning timeline process. He stated it is important to take more time to review the item and respect the many people who have voiced their opinion. He 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 10 of 20 believes it's important to not punish an owner or developer for trying to sell their land in the best possible way. Council Member Kinion stated he has deep respect for neighborhood activism, but the land owner has to be respected too. He stated one of the most valid things about zoning is the long-term impact and not what could be. He stated there has to be a balance. He believes the item should be left on the first reading to gather more information for both sides. Council Member Petty stated he needs to hear what citizens most basic concerns are, so he can give those concerns their due consideration. He stated he is a developer by profession and has no interest in the property. He spoke about citizens in the same neighborhood having many different viewpoints. He spoke about the number of units allowed for the developer and the ecological features of the property. Don Marr: We will reach out to the Fayetteville Public School District about their demographic study. Their study specifically looks at school capacity and how the town will develop. Council Member La Tour spoke about being a good neighbor to each other, regardless if they are a homeowner or renter. He stated supply and demand is the primary determinant of price in a market place. He stated if developments are turned down continuously, you will find that the value of your home goes up. He stated it's good for the tax collector, but if you are not planning to sell, it's not good for the owner. He stated it makes it harder for other people to move to Fayetteville. Council Member Smith: There is limited diversity in the Fayetteville housing stock. If we are getting about five people a day coming to this city, would we need around 500 housing units a year? Is that completely out of line? Council Member Petty: No, that's not out of line. It is probably on the lower end of the range. Council Member Smith stated if we were to build all of those out at 4 units per acre, we would be looking at 125 acres of new neighborhood per year. He stated that's all the residential units between Rolling Hills and Stubblefield. He spoke about the amount of green space it would take if using RSF-4 for the five people a day projected growth. He stated we can't continue to conserve land and build on it at the RSF-4 density. He stated higher density is going to have to be considered if the city is going to keep up with growth. Mayor Jordan stated the city doesn't use PZD's much anymore, but when he was on the Council they had many. He spoke about the explosive growth on the west side of town when he was on the Council and how PZD's worked well in Ward 4. He stated PZD's worked, but much patience is needed. He voiced his concerns about the environment and does not want flooding or erosion issues. He stated the intersection at Rolling Hills and Old Missouri needs to be addressed. He stated overcrowding of the school will be looked into. He stated traffic calming is also needed on Rolling Hills. This item was left on the First Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 11 of 20 New Business: ADM 18-6098: Rolling Hills Dr./Skillern Rd. Corridor Master Street Plan Amendment): A resolution to amend the Master Street Plan by downgrading the Rolling Hills Drive/Skillern Road corridor from principal arterial to collector status and by shifting the alignment of the corridor to connect along Oak Bailey Drive. Andrew Garner, City Planning Director: I have a lengthy presentation. I'm happy to give it or the Council may want to wait until it comes back from the Street Committee. Mayor Jordan: It's my understanding that at Agenda Session, Council would like to table this and send it to the Transportation Committee to look at the road. Is that correct? Council Member Petty: Yes. Council Member Tennant: What Andrew is talking about, is that a presentation we are going to see at the Transportation Committee? Mayor Jordan: Yes. Council Member Petty: In that case, we should table it for two weeks. It is standard policy that anytime the Master Street Plan is proposed to be amended, it is to go through the Transportation Committee. We will talk about this next week at the Transportation Committee meeting. There was a brief discussion about the process of an item being reviewed by the Transportation Committee. Council Member Tennant: The meetings are televised, but not live. Correct? Don Marr: Correct. If you want to participate in real time you have to be present. Council Member Petty moved to table the resolution to the May 1, 2018 City Council meeting. Council Member Smith seconded the motion. Upon roll call the motion to table passed 6-0. Council Members Tennant, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Bunch was absent during the vote. Council Member Marsh was absent. This resolution was tabled to the May 1, 2018 City Council meeting. Bid #18-26 Amerlux Exterior, LLC: A resolution to award Bid #18-26 and authorize the purchase of LED trail light fixtures from Amerlux Exterior, LLC in the amount of $1,140.00 per 40 -watt light fixture and $1,150.00 per 60 -watt light fixture, and to authorize the purchase of fiberglass light poles in the amount of $400.00 per pole from Alliance Composites, Inc., plus applicable sales taxes, as needed through the end of 2018. Matt Mihalevich, Trails Coordinator gave a brief description of the resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 12 of 20 Houston Hughes, 888 Lawson Street spoke about light bulbs associated color temperature regarding safety and health. He stated he understands this purchase is an emergency to replace some lights that have been already taken down and won't oppose this specific purchasing order. He requested Council to consider any future purchase of lights which specify a color temperature greater than the 3,000 Kelvin recommended maximum. He requested in the future for the city to revisit its rules on outdoor lighting to provide clarity due to newer technologies. Council Member Petty: I'm glad we have already stepped down from 5,000 Kelvin. I'm optimistic we would be able to step down to 3,000 Kelvin or even lower after we do some testing. Council Member Petty moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Resolution 98-18 as recorded in the office of the City Clerk Advanced Public Safety, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve the purchase of fifty-one Zebra Model 520 eTicket printers and two handheld eTicket devices from Advanced Public Safety, Inc. in the amount of $62,739.00 and to approve a budget adjustment. City Attorney Kit Williams read the ordinance. Greg Tabor, Chief of Police gave a brief description of the ordinance. Council Member Gray moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Tennant moved to suspend the rules and go to the third and final reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6059 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 April 17, 2018 Page 13 of 20 Kucera International, Inc.: An ordinance to waive the requirements of formal competitive bidding and approve a contract with Kucera International, Inc. in the amount of $34,925.00 for planimetric mapping services to identify impervious surfaces and building footprints throughout the city. City Attorney Kit Williams read the ordinance. Keith Macedo, IT Director gave a brief description of the ordinance. Council Member Kinion: As we move forward in looking at the possibility of our storm water management utility, this could be important information. It is timely to invest in this, so when we look at a study we will have some good data. Keith Macedo: We are working with Chris Brown to make sure we get the data in time for that study. Council Member Kinion moved to suspend the rules and go to the second reading. Council Member Smith seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Kinion moved to suspend the rules and go to the third and final reading. Council Member Tennant seconded the motion. Upon roll call the motion passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Ordinance 6060 as Recorded in the office of the City Clerk RZN 18-6122: (SE & SW of Rupple Rd. & Mt. Comfort Rd./Hazen): An ordinance to rezone that property described in rezoning petition RZN 18-6122 for approximately 56.02 acres located at southeast and southwest of Rupple Road and Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre, RSF-1, Residential Single Family, 1 unit per acre, and R -A, Residential Agricultural to CS, Community Services and R -A, Residential Agricultural. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 14 of 20 Garner Stoll, Development Services Director gave a brief description of the ordinance. The Planning Commission and staff recommend approval. Council Member Smith: The pictures we came up with are all that very boxy style with mixed reviews. That style is nowhere in the zoning requirement? Garner Stoll: No. There are no architectural requirements. There are requirements for a build -to line, which means the building has to be from 0 to 25 feet from the city right-of-way. Council Member Smith: When looking at the photos, we are looking at the position and the form, not the style? Garner Stoll: Yes. Don Marr, Chief of Staff: That's an important factor when staff or Council are showing pictures. We don't have design standards that require a certain type of build. We don't want that to be misleading to people. Council Member Smith: It's probably a factor of the time we are in and the current trends. Jim Hazen, Applicant is requesting for it to all be rezoned at once so that it might encourage an investor to take a risk and make it a unique development in Fayetteville. He stated many of his neighbors are in support of the rezone. City Attorney Kit Williams: Thank you Mr. Hazen for working with city staff to sell your property for the right-of-way we needed for Rupple Road. We appreciate you working with the City of Fayetteville. Jim Hazen: During the appraisal process the appraiser said that Community Service was the best use for the property. Tony Hardin, 3670 Mt. Comfort stated he has lived across from Jim Hazen for 50 years. He spoke in favor of the rezoning. Council Member Gray moved to suspend the rules and go to the second reading. Council Member La Tour seconded the motion. Upon roll call the motion passed 6-1. Council Members Tennant, Bunch, La Tour, Gray, Kinion, and Petty voting yes. Council Member Smith voting no. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Smith: The only feedback I have had on this has been in favor of it, but there were some neighborhood concerns after the final agenda link went out. I'm generally in favor of this. When we hit two four lanes up there, we are investing a lot in that and this is probably the right direction, but I would like to give the neighbors a chance to be aware of it. We have one more 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 15 of 20 Ward 4 meeting before the next City Council meeting that would allow us to talk about it one more time. I don't want this to become another Wedington. I would like to hold it on this reading. Council Member La Tour: I'm sorry to disagree with my fellow Ward 4 Council Member. Mr. Hazen has been working on this project for four years or longer. We have talked about this and I don't see what delaying it another two weeks is going to accomplish. It is a good proposal. We are protecting streamside and greenspace. We need services in that area. I don't want us to hold it on this reading. Council Member La Tour moved to suspend the rules and go to the third and final reading. The motion died for lack of a second. This ordinance was left on the Second Reading. ADM 18-6130 (UDC Amendment Chapters 156, 166, and 169: Sequence of Grading Permits): An ordinance to amend § 156.04 - Physical Alteration of Land and Stormwater Drainage and Erosion Control of Chapter 156 Variances; §166.02 - Development Review Process of Chapter 166 Development; and various sections of Chapter 169 Physical Alteration of Land of the Fayetteville Unified Development Code to clarify the approval process for grading permits, to generally require development approval prior to the issuance of grading permits, and to make administrative changes. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: There are some typos in the ordinance. I don't want it passed tonight so that it can be spruced up a bit and reviewed at another meeting. Corey Granderson, Staff Engineer gave a brief description of the ordinance. Don Marr, Chief of Staff. We have seen properties recently, that we have received numerous phone calls on. On Wedington, a loophole was used to remove trees all the way down to the minimum requirement without a development plan, that might have otherwise been able to have had a different pattern if there was a proposed development in front of it. It may have allowed it to keep even more than the minimum requirement. This ordinance is specifically to address those occurrences and we want to stop the loophole before it is used significantly. Council Member Kinion: With recent activity around Wedington I think all of us have been aware of how this has been used. It's quite startling when you go past a highly wooded area one day and the next day it's bulldozed into piles. A discussion followed about typos in the ordinance. Don Marr: This is an important item to not let linger on. Mayor Jordan: I am receiving numerous citizen calls on this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 16 of 20 Council Member Smith: I drove past that spot after it was all cleared. It was breathtaking and not in the way I like to think of Fayetteville's trees as breathtaking. Are there other projects on the radar that might come up in the 30 days waiting for enactment of this ordinance? Corey Granderson: The early grading permits that have been approved prior to entitlement, even with this change, staff probably would have gotten together with Urban Forestry and other divisions and supported it. Don Marr: You don't have a current submittal that's doing what we see on Wedington? Corey Granderson: No. John Scott, Urban Forester: There are two submittals for this exact thing that have come in recently. We are waiting for instructions from Council on how to go forward. Don Marr: Time is of the essence. Council Member Kinion: We should probably move forward. City Attorney Kit Williams: There is a provision in the Unified Development Code (UDC) that when there is a zoning change being submitted to the Planning Department, it's what kicks the 90 - day rule in. It's probably too late on applications that have been submitted. There is a 90 -day waiting period when a zoning change would make certain activities change the requirements and the allowances for them. I would like Garner Stoll and Andrew Garner to look at that in Chapter 166 to see if it's applicable for this. That could be a way to stop any further applications from being accepted. Normally, if a valid application has been made, then usually by that time it's probably too late to try to go back and change it. Administration and I have been looking at a clearcutting prohibition ordinance. This would be another way to try to prevent trees from being destroyed even if there's no grading going on. Council Member Gray: Is there a way we can go on and pass it tonight and make those changes later since time is so important? City Attorney Kit Williams: Yes, you can do that if you want to. Sometimes we go back and do typographical mistakes. Even though this wouldn't be effective for 31 days, there would be a stop on new applications that would be contrary to this. Virginia Fletcher: Was there an exemption for sewage? Corey Granderson: No, nothing with water or sewer utilities. This ordinance is only about physical alteration of land. Will Dockery, 4149 Bradstreet stated he is on the Urban Forestry Advisory Board and spoke in favor of the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 17 of 20 Council Member Gray moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed 6-1. Council Members Tennant, Bunch, Smith, Gray, Kinion, and Petty voting yes. Council Member La Tour voting no. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Council Member Smith: Would the other restrictions on changes to code and applications coming in take care of this after tonight if it passes? Would this be one of those times when an Emergency Clause is called for? City Attorney Kit Williams: I'm not the interpreter of Chapter 166, Development. That is Mr. Stoll, which is specified by the City Council in the code. I would have to defer to him about whether that would take care of it. We don't have an Emergency Clause drafted at this point. Garner Stoll, Development Services Director: There is a 90 -day pending zoning doctrine in the state law and our Unified Development Code. I don't know who can invoke that. If we can administratively invoke it, we will. It may take Council action to invoke the 90 -day. Council Member Smith: Since these are not zoning issues we are talking about, but creating applications? Garner Stoll: If you pass an ordinance, can we then prohibit receiving applications that don't meet the requirements of your passed ordinance during that 30 -day period before it goes into effect? There is state law and the UDC speak to having the ability to not receive applications. If the application met both the new law and old law, we would process it. If it didn't, we wouldn't. Can we administratively do that or would it take Council action? City Attorney Kit Williams: No, it would not take Council action. Andrew, did you look at that? Andrew Garner, City Planning Director: I looked at the code and it's speaking to rezoning the zoning maps. I don't believe this would grant me the authority to deny a grading permit application. That section of code is not referring to Chapter 167. I don't believe the section Kit and I spoke about would allow the authority of my position as zoning administrator to deny a grading permit. City Attorney Kit Williams: That will not prevent any applications at this point. It will have to wait for the 31 -days for this to be regularly effective. If you want me to try to draft an Emergency Clause, I can do that. An Emergency Clause requires six affirmative votes and the Mayor can't vote. What are Council feelings? The decision was made for City Attorney Kit Williams to draft an Emergency Clause. There was a brief discussion about suspending the rules and going to the last item to allow Mr. Williams time to draft the document. Council Member Kinion moved to suspend the rules to change the order of the agenda and. go to the last item. Council Member Tennant seconded the motion. Upon roll call the motion 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 18 of 20 passed 7-0. Council Members Tennant, Bunch, La Tour, Smith, Gray, Kinion, and Petty voting yes. Council Member Marsh was absent. Remove Bill of Assurance E. 15th St & Curtis Ave.: An ordinance to discharge and remove the Bill of Assurance related to the property described in Exhibit A because such protective language is no longer needed. City Attorney Kit Williams read the ordinance. Mayor Jordan: Has the applicant asked us to table it? Don Marr, Chief of Staff: Yes. We received an email from them today that the individual who would present the information and answer questions is unable to be here tonight. City Attorney Kit Williams: The applicant wants to have the representative here to answer any questions. If you have questions, then I ask that you leave it on the First Reading. This ordinance was left on the First Reading. Return to: ADM 18-6130 (UDC Amendment Chapters 156, 166, and 169: Sequence of Grading Permits): An ordinance to amend § 156.04 - Physical Alteration of Land and Stormwater Drainage and Erosion Control of Chapter 156 Variances; §166.02 - Development Review Process of Chapter 166 Development; and various sections of Chapter 169 Physical Alteration of Land of the Fayetteville Unified Development Code to clarify the approval process for grading permits, to generally require development approval prior to the issuance of grading permits, and to make administrative changes. City Attorney Kit Williams: There are two things that must be done to this ordinance. The title must say at the very end, "The issuing of grading permits, to make administrative changes, and to pass an Emergency Clause." Section 10 will read, "The City Council has determined that this ordinance must be immediately effective to protect the peace, health, and safety of Fayetteville citizens." Will Dockery spoke in favor of the Emergency Clause. Council Member La Tour: What are we protecting here in the City of Fayetteville with this Emergency Clause? City Attorney Kit Williams: The peace, health, and safety of the citizens of Fayetteville. This is the language required for an Emergency Clause. Many cities put an Emergency Clause in every one of their ordinances. I don't because I don't believe that's right. We have something that would qualify to preserve the environment for our citizens, their peace, health, and safety. It is reasonable to do in this circumstance. It is up to the City Council to determine if it is proper. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 19 of 20 Council Member La Tour: Mayor, I do not see how the peace and safety of our citizens is being threatened. I am against this. Council Member Smith moved to amend to City Attorney Kit Williams Emergency Clause language. Council Member Kinion seconded the motion. Upon roll call the motion passed 6- 1. Council Members Tennant, Bunch, Smith, Gray, Kinion, and Petty voting yes. Council Member La Tour voting no. Council Member Marsh was absent. The ordinance was Amended as follows: ADM 18-6130 (UDC Amendment Chapters 156, 166, and 169: Sequence of Grading Permits): An ordinance to amend § 156.04 - Physical Alteration of Land and Stormwater Drainage and Erosion Control of Chapter 156 Variances; § 166.02 - Development Review Process of Chapter 166 Development; and various sections of Chapter 169 Physical Alteration of Land of the Fayetteville Unified Development Code to clarify the approval process for grading permits, to generally require development approval prior to the issuance of grading permits, to make administrative changes, and to pass an Emergency Clause. Council Member Smith moved to suspend the rules and go to the third and final reading. Council Member Gray seconded the motion. Upon roll call the motion passed 6-1. Council Members Tennant, Bunch, Smith, Gray, Kinion, and Petty voting yes. Council Member La Tour voting no. Council Member Marsh was absent. City Attorney Kit Williams read the ordinance. Don Marr thanked John Scott, Corey Granderson, and the Engineering Department for their work on the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 6-1. Council Members Tennant, Bunch, Smith, Gray, Kinion, and Petty voting yes. Council Member La Tour voting no. Council Member Marsh was absent. Upon roll call the Emergency Clause passed 6-1. Council Members Tennant, Bunch,. Smith, Gray, Kinion, and Petty voting yes. Council Member La Tour voting no. Council Member Marsh was absent. Emergency Clause Approved Ordinance 6061 as Recorded in the office of the City Clerk Announcements: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes April 17, 2018 Page 20 of 20 Don Marr, Chief of Staff. On April 19, 2018 from 4:30 p.m. to 6:30 p.m. the Northwest Arkansas Regional Planning Commission is hosting a Growing Mobility for a Growing Region speaker series. Everyone_ is invited to attend. April 28, 2018 is the next Bulky Waste Cleanup. The information is on the City of Fayetteville website. The city is in the process of, Imagine Tomorrow's Parks, which is our master planning process. The information is on the City of Fayetteville website. This weekend is Earth Day. On April 21, 2018, Mayor Jordan will be doing a proclamation at 9:00 a.m. at the Marion Orton Recycling Center. We will have a litter cleanup along city trails and streams. There will be an invasive plant removal event along the trail corridor. There will be a group bike ride and a ribbon cutting for the new trails at Kessler Mountain Regional Park. City Attorney Kit Williams: I was hoping I would have my second brief to the Supreme Court finished by tonight, but I have to write my conclusion. I hope to finish and file it at the Supreme Court tomorrow. Once I do that I will send you a copy of what I'm doing since I am representing you in this case. This issue was whether we had the right to depose the two legislative sponsors about why they drafted and supported the bill. We won at the Circuit Court level, but the Attorney General appealed it. Council Member Smith: Regarding Earth Day, neighbors in Ward 4 have organized a cleanup for Hamestring Creek. City Council Agenda Session Presentations: None City Council Tour: None 113 West Mountain Sondra E. Smith, City Clerk Treasurer Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov